Wisconsin Legislature: 27,1148t

30.92 (4t) Linnie Lac Dam . Of the amounts appropriated under s. 20.370 (5) (cq) and before applying the percentages under sub. (4) (b) 6., the department shall provide to the Linnie Lac Management District the amount that is necessary for the repair, removal or reconstruction of the Linnie Lac Dam, but the amount shall not exceed $250,000. The Linnie Lac Management District need not assume ownership of the Linnie Lac Dam and, notwithstanding sub. (4) (b) 2., the Linnie Lac Management District need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq). Notwithstanding sub. (1) (c), the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this section. This project need not be placed on the priority list under sub. (3) (a).

27,1146g Section 1146g. 30.92 (5) of the statutes is renumbered 30.92 (5) (a).

27,1146h Section 1146h. 30.92 (5) (b) of the statutes is created to read:

30.92 (5) (b) For purposes of sub. (4) (b) 2. b., the department shall promulgate rules to be used to determine whether a recreational boating project is a recreational boating project of statewide or regional significance.

27,1147 Section 1147 . 30.94 (6m) of the statutes is amended to read:

30.94 (6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (5) (hu) (9) (ju) to the commission for the management, operation, restoration and repair of the Fox River navigational system if Brown County, Calumet County, Fond du Lac County, Outagamie County and Winnebago County contribute matching funds for the management and operation of the Fox River navigational system.

27,1147f Section 1147f. 31.385 (2) (ag) of the statutes is created to read:

31.385 (2) (ag) Of the amounts appropriated under s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove dams that are less than 15 feet wide and that create impoundments of 50 acre-feet of water or less. A project under this paragraph may include restoring the stream or river that was dammed.

27,1147g Section 1147g. 31.385 (2) (ar) of the statutes is created to read:

31.385 (2) (ar) Of the amounts appropriated under s. 20.866 (2) (tL), at least $100,000 shall be used for the removal of abandoned dams.

27,1148 Section 1148. 31.39 (2r) of the statutes is created to read:

31.39 (2r) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under par. (b) for that type of permit or approval.

2. The department verifies that it will be able to comply with the request.

(b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

27,1148p Section 1148p. 33.001 (2) (b) of the statutes is amended to read:

33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts and, the Dane county lakes and watershed commission and the Southeastern Wisconsin Fox River commission of planning and plan implementation are necessary and desirable and that the districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

27,1148q Section 1148q. 33.01 (1r) of the statutes is repealed.

27,1148r Section 1148r. Subchapter II of chapter 33 [precedes 33.05] of the statutes is repealed.

27,1148t Section 1148t. Subchapter VI of chapter 33 [precedes 33.53] of the statutes is created to read:

chapter 33

subchapter vi
SOUTHEASTERN WISCONSIN
Fox River commission

33.53 Definitions. In this subchapter:

(1) “Board of commissioners" means the board of commissioners of the commission.

(2) “Commission" means the Southeastern Wisconsin Fox River commission created under s. 33.54 (1).

(3) “Commissioner" means a member of the board of commissioners.

(4) “County" means Racine County or Waukesha County.

(5) “County board" means the county board of a county.

(6) “Municipality" means any city, village or town.

(7) “River municipality" means any of the following municipalities that is located in a county:

(a) The city of Waukesha.

(b) The town of Waukesha.

(d) The town of Waterford.

(e) The village of Big Bend.

(f) The town of Vernon.

(g) The town of Mukwonago.

(h) The village of Mukwonago.

(8) “Surface waters" include surface water in drainage ditches.

33.54 Creation, funding. (1) There is created a Southeastern Wisconsin Fox River commission for the Illinois Fox River basin. For the purposes of this subchapter, the Illinois Fox River basin extends from the northern boundary of the city of Waukesha downstream to the point immediately below the Waterford Dam. The board of commissioners shall govern the commission. A county or river municipality may appropriate money to the commission. The commission, a county or a river municipality may solicit gifts, grants and other aid for the commission to enable the commission to perform the functions in this subchapter.

(2) The department shall set aside in fiscal year 1997-98, from the appropriation under s. 20.370 (5) (cq), $300,000 to enable the commission to carry out its projects, plans and responsibilities under this subchapter.

33.55 Board of commissioners; composition. (1) The board of commissioners shall consist of the following persons, all of whom shall be residents of the county:

(a) The county executive of Racine County or his or her designee.

(b) The county executive of Waukesha County or his or her designee.

(d) The town board chairperson of the town of Waukesha or his or her designee.

(e) The village president of the village of Waterford or his or her designee.

(f) The town board chairperson of the town of Waterford or his or her designee.

(g) The village president of the village of Big Bend or his or her designee.

(h) The town board chairperson of the town of Vernon or his or her designee.

(i) The town board chairperson of the town of Mukwonago or his or her designee.

(j) The village president of the village of Mukwonago or his or her designee.

(k) Two residents of the town of Waterford, who shall be appointed by the town board.

(L) Two residents of the town of Vernon, who shall be appointed by the town board.

(m) One resident of the village of Big Bend, who shall be appointed by the village board.

(n) One nonvoting representative from the southeastern Wisconsin regional planning commission, who shall be appointed by the chairperson of the commission.

(o) One nonvoting representative from the department of natural resources, who shall be appointed by the secretary of natural resources.

(2) (a) If a commissioner listed under sub. (1) (a) to (j) is an elected official, his or her term on the commission runs concurrently with his or her term in office. If the elected official resigns from the commission during his or her term in office, the elected official shall appoint a designee to take his or her place on the commission within 90 days of his or her resignation.

(b) If a commissioner listed under sub. (1) (a) to (j) is appointed to the commission by an elected official, as the designee of an elected official, his or her term on the commission begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the designee of an elected official shall be filled within 90 days of the vacancy by another designee who is appointed by the elected official, or the elected official may become the commissioner.

(c) The term of a commissioner appointed by a town or village board under sub. (1) (k) to (m) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 2nd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the town or village board within 90 days of the vacancy.

(d) The term of a commissioner appointed under sub. (1) (n) or (o) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy.

(3) Nine commissioners shall constitute a quorum for the transaction of business.

(4) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 5 commissioners.

(5) Any action by the board of commissioners requires the affirmative vote of a majority of the members present and voting.

(6) Annually, the board of commissioners shall elect a chairperson, vice chairperson and secretary from its members, and these officers shall have the following duties:

(a) The chairperson shall preside at all meetings and all public hearings held by the board of commissioners.

(b) The vice chairperson shall preside at any meeting or any public hearing held by the board of commissioners at which the chairperson is unable to preside.

33.56 Board of commissioners; duties. The board of commissioners shall do all of the following:

(1) Initiate and coordinate surveys and research projects for the purpose of gathering data relating to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.

(2) Maintain a liaison with agencies of the federal, state and local governments and other organizations that are involved in programs or projects designed to protect, rehabilitate and manage water resources.

(3) Develop a public information and education program on issues related to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.

(4) To the greatest extent practicable, encourage and utilize the Wisconsin conservation corps and volunteers for appropriate projects.

33.57 Board of commissioners; powers. The board of commissioners may do all of the following:

(1) Develop and implement plans, projects or programs to do any of the following:

(a) Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters of the Illinois Fox River basin that are located in a river municipality.

(b) Protect or enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality.

(c) Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the county that relate to any of the following:

1. Surface water and groundwater quality of the Illinois Fox River basin that is located in a river municipality.

2. The recreational use of and public access to navigable waters of the Illinois Fox River basin that is located in a river municipality.

3. Water safety and boating regulations for the Illinois Fox River basin that is located in a river municipality.

(2) Develop and propose to the county board programs or projects to make improvements to the navigable waters in the Illinois Fox River basin that is located in a river municipality, including constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navigable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways.

(3) Create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; scientists; conservationists; hunters; and water skiing, diving and other sports clubs.

(4) Adopt any rules necessary to implement the duties and powers granted to the board of commissioners.

33.58 Regulation proposed by board of commissioners. (1) Ordinances and local regulations. The board of commissioners may propose to the governing body of a river municipality the adoption, modification or rescission of any ordinance or local regulation relating to boating, recreation or safety upon the navigable waters of the Illinois Fox River basin that is located in a river municipality.

(2) Minimum standards. The board of commissioners may propose to the governing body of a river municipality minimum standards for local regulations and ordinances for municipalities to protect and rehabilitate the water quality of the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.

33.59 Implementation plan. (1) The board of commissioners shall develop an implementation plan by April 1, 1998, and shall submit the plan to the department of natural resources, the county planning agency, the chairperson of the county board and the county executive of the county by April 1, 1998.

(2) With regard to the Illinois Fox River basin that is located in a river municipality, the implementation plan shall include all of the following:

(a) A plan for, including the method of payment for, an engineering study to determine areas for selective dredging, including the dredging of selective shallow areas of the impoundment area in Waterford.