30.70
30.70
Skin diving. No person may engage in underwater diving or swimming with the use of swimming fins or skin diving in waters other than marked swimming areas or within 150 feet of shoreline, and no person may engage in underwater diving or swimming with the use of self-contained underwater breathing apparatus in waters other than marked swimming areas, unless the location of such diving or swimming is distinctly marked by diver's flag, not less than 12 inches high and 15 inches long, displaying one diagonal white stripe 3 inches wide on a red background, and of height above the water so as to be clearly apparent at a distance of 100 yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone engaging in such diving or swimming shall not rise to the surface outside of a radius of 50 feet from such flag. No person engaged in such diving or swimming shall interfere with the operation of anyone fishing nor engage in such diving or swimming in established traffic lanes; nor shall any such person alone or with another, intentionally or unintentionally, block or obstruct any boat in any manner from proceeding to its destination where a reasonable alternative is unavailable. A reasonable alternative route is available when the otherwise unobstructed boat can proceed to its destination without reducing its lawful speed, by passing to the right or to the left of a marked diving operation.
30.70 History
History: 1973 c. 302.
30.71
30.71
Disposal of waste from boats equipped with toilets. 30.71(1)(1) In this section, "outlying waters" has the meaning given in
s. 29.01 (11) [
s. 29.001 (63)].
30.71 Note
NOTE: The bracketed language inserts the correct cross-reference. Corrective legislation is pending.
30.71(2)
(2) No person may, while maintaining or operating any boat equipped with toilets on the waters of this state [
29.001 (45)(63)], dispose of any toilet wastes in any manner into the water.
30.71 Note
NOTE: Sub. (2) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
1997 Wis. Act 248, but rendered without effect by
1997 Wis. Act 330. Corrective legislation is pending.
30.71(3)
(3) No person may operate for compensation or reward an establishment that has the capacity of providing berths or moorings to 5 or more boats that are equipped with toilets and that is located on an outlying water of this state unless the establishment provides adequate fixed onshore disposal facilities for disposal of toilet wastes from the boats for which the establishment provides berths or moorings. If the establishment is unable to provide fixed onshore disposal facilities due to problems of accessibility to the boats, the establishment shall provide adequate portable disposal facilities for these toilet wastes.
30.71(4)
(4) Any rules necessary to carry out the purposes of this section shall be promulgated jointly by the department of commerce and the department of natural resources.
30.71 Annotation
Mississippi River is an inland water of Wisconsin and the boat toilet law may be enforced on the entire width of the Mississippi bordering Minnesota and up to the center of the main channel bordering Iowa. 61 Atty. Gen. 167.
30.72
30.72
Watercraft use rules, Lower St. Croix River. 30.72(1)(a)(a) The department shall promulgate rules to govern the operation of boats on the Lower St. Croix River. The rules may restrict any or all of the following:
30.72(1)(a)1.
1. The type of boats which may be used on the waters affected by the rules;
30.72(1)(b)
(b) In promulgating the rules required under
par. (a), the department shall consider the physical characteristics of the waters affected, their historical uses, shoreland uses and classification, the classification of river segments under the Lower St. Croix national scenic riverway master plan, and any other features unique to the Lower St. Croix River, as well as the views of appropriate officials of counties, cities, villages and towns lying within the affected area, and of appropriate officials of agencies of the federal government and the state of Minnesota which have jurisdiction over the waters of the Lower St. Croix River.
30.72(2)
(2) Concurrent regulations required. Rules promulgated under this section are effective upon adoption of laws, rules or regulations providing for similar limitations or prohibitions on the operation and use of boats on the same segments of the Lower St. Croix River by the state of Minnesota or its agencies. In exercising the authority granted by this section, the department may enter into necessary agreements with the federal government and its agencies, or with the state of Minnesota and its agencies under
s. 66.30 (5).
30.72(3)
(3) Enforcement. In addition to the enforcement powers granted to the department under
s. 30.74 (3), the rules promulgated under this section may be enforceable by officers of water safety patrol units having jurisdiction on waters of the Lower St. Croix River under
s. 30.79 (3). All officers so empowered by this section may exercise reciprocal powers which may be conferred upon them by the state of Minnesota or its agencies or political subdivisions relating to enforcement of regulations governing the use or operation of boats on the Lower St. Croix River.
30.72 Note
NOTE: Chapter 208, laws of 1975, which created this section, contains a statement of legislative purpose in section 1. See the 1975 session law volume.
30.725
30.725
Placement of boats, trailers and equipment; Lower St. Croix River. 30.725(1)
(1) No person may place or use a boat or boating equipment or place a boat trailer in the Lower St. Croix River if the person has reason to believe that the boat, boat trailer or boating equipment has zebra mussels attached.
30.725(2)
(2) A law enforcement officer may order a person to do any of the following:
30.725(2)(a)
(a) Remove zebra mussels from a boat, boat trailer or boating equipment before placing it in the Lower St. Croix River.
30.725(2)(b)
(b) Remove or not place a boat, boat trailer or boating equipment in the Lower St. Croix River if the law enforcement officer has reason to believe that the boat, boat trailer or boating equipment has zebra mussels attached.
30.725(3)
(3) No person may refuse to obey the order of a law enforcement officer who is acting under
sub. (2).
30.725 History
History: 1995 a. 397.
30.73
30.73
Use regulations, Brule River. 30.73(1)
(1)
Prohibited uses. No person may operate, occupy or use any motorboat or any pneumatic inner tube, inflatable raft or similar device on the Brule River or any of its stream tributaries in Douglas County. This subsection does not prohibit a person from operating, occupying or using a noninflatable nonmotorized boat, canoe or kayak.
30.73(2)
(2) Exceptions. Subsection (1) does not apply to:
30.73(2)(a)
(a) Peace officers or rescue units engaged in emergency operations.
30.73(2)(b)
(b) Agents of the department while engaged in fish management or law enforcement activities.
30.73(2)(c)
(c) Persons on the Brule River within one mile of its mouth.
30.73(3)
(3) Enforcement; littering. The department shall enforce this section and restrictions on littering in the area of the Brule River and its stream tributaries in Douglas County.
30.73(4)
(4) Penalty. A person who violates this section is subject to the penalties provided under
s. 30.80 (1).
30.73 History
History: 1981 c. 303.
30.74
30.74
Additional functions of department. In addition to other powers and duties conferred upon the department relative to boating safety and the regulation of boating, the department shall:
Effective date note
NOTE: Section 30.74 (intro.) is repealed eff. 5-1-99 by
1997 Wis. Act 198.
30.74(1)(a)(a) The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.
Effective date note
NOTE: Par. (a) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(a) Create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.
30.74(1)(b)
(b) The department shall prescribe the course content, the form of the certificate and may collect a fee from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain a portion of the fee to defray expenses incurred locally to operate the program. The remainder of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.
Effective date note
NOTE: Par. (b) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(b) The department shall prescribe the course content, the form of the certificate and may collect $2 from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 of the fee to defray expenses incurred locally to operate the program. The remaining $1 of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program.
30.74(1)(c)
(c) A valid certificate issued by another state, as defined in
s. 115.46 (2) (f), or a province of Canada that is held by a person will be honored if the course content substantially meets that established by the department.
Effective date note
NOTE: Par. (c) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(c) Valid certificates issued by other states or provinces held by persons between the ages of 10 and 16 years will be honored if the course content substantially meets that established by the department.
30.74(1)(d)
(d) The department shall also prepare and disseminate information on water safety to the public, including the informational pamphlets specified in
s. 30.52 (5) (a) 4. and
(b) 3.
30.74(2)(a)(a) The department by rule shall establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with
s. 30.77.
Effective date note
NOTE: Par. (a) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(a) By rule establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with s. 30.77.
30.74(2)(b)
(b) For purposes of this section "aids to navigation" means buoys, beacons and other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels; "regulatory markers" means any anchored or fixed marker in the water or anchored platform on the surface of the water, other than aids to navigation, and shall include but not be limited to bathing beach markers, speed zone markers, information markers, mooring buoys, fishing buoys and restricted activity area markers.
30.74(3)
(3) Enforcement. The department shall assist in the enforcement of
ss. 30.50 to
30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 5-1-99 by
1997 Wis. Act 198. Prior to 5-1-99 it reads:
Effective date text
(3) Enforcement. Assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.
30.742
30.742
Water exhibitions and races; rules. For water exhibitions or races, the department may promulgate rules that provide exemptions from any of the requirements or restrictions under
s. 30.61,
30.62,
30.65,
30.66,
30.68 or
30.69.
30.742 History
History: 1991 a. 257.
30.745
30.745
Limited jurisdiction for administration and enforcement of navigation aids by municipalities. 30.745(1)(1)
Definitions. As used in this section:
30.745(1)(a)
(a) "Adjacent outlying waters" means the outlying waters adjacent to the boundaries of a municipality and extending outward for a distance of one-half mile.
30.745(1)(b)
(b) "Municipality" means any town, village or city.
30.745(2)
(2) Exercise of limited jurisdiction. 30.745(2)(a)(a)
Authority to enact ordinances. A municipality may enact by ordinance a navigation aids system and regulations affecting moorings, markers and buoys in adjacent outlying waters if the system and regulations are not in conflict with the uniform navigation aids system established by the department under
s. 30.74 (2) or with any county ordinance.
30.745(2)(b)
(b)
Conflicts. Any municipal ordinance enacted under this section which conflicts with the uniform navigation aids system established by the department under
s. 30.74 (2) or with any county ordinance is void.
30.745(2)(c)
(c)
Administration and enforcement. A municipality may exercise jurisdiction over adjacent outlying waters for the purpose of administering and enforcing an ordinance enacted under this section.
30.75
30.75
Service of process on nonresident. 30.75(1)
(1)
How served. Service of process upon a nonresident defendant in any action claiming injury to person or property arising out of the operation of a boat in this state may be either by personal service within or without this state or by registered mail as provided in
sub. (2).
30.75(2)
(2) SERVICE BY REGISTERED MAIL. If service of process is to be by registered mail, the original and necessary copies of the summons shall be left with the clerk of circuit court in which the action is to be brought, together with a sum of 75 cents to cover the cost of mailing. The clerk of circuit court shall mail a copy to the defendant at the defendant's last address as known to the plaintiff or clerk of circuit court, with the return receipt signed by the addressee requested. Service of the summons is considered completed when it is mailed. The clerk of circuit court shall enter upon the court record the date when the summons is mailed and the name of the person to whom mailed.
30.75 History
History: 1991 a. 316;
1995 a. 224.
30.77
30.77
Local regulation of boating. 30.77(1)
(1)
Local regulation prohibited; exceptions. Sections 30.50 to
30.71 shall be uniform in operation throughout the state. No municipality, public inland lake protection and rehabilitation district or town sanitary district may:
30.77(1)(a)
(a) Enact any ordinance or local regulation requiring local numbering, registration or licensing of boats or any ordinance or local regulation charging fees for inspection, except as provided in
sub. (3) (e); or
30.77(1)(b)
(b) Except as provided in
subs. (2) and
(3), enact any ordinance or local regulation that in any manner excludes any boat from the free use of the waters of this state or that pertains to the use, operation or equipment of boats or which governs any activity regulated by
ss. 30.50 to
30.71.
30.77(2)
(2) Ordinances conforming to state law. Any municipality may enact ordinances which are in strict conformity with
ss. 30.50 to
30.71 or rules of the department promulgated under those sections.
30.77(3)(a)(a) Any town, village or city may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact ordinances applicable on any waters of this state within its jurisdiction if the ordinances are not contrary to or inconsistent with this chapter and if the ordinances relate to the equipment, use or operation of boats or to any activity regulated by
ss. 30.60 to
30.71.
30.77(3)(ac)
(ac) Except as provided under
s. 33.455 (3) (b), no ordinance that pertains to the equipment, use or operation of a boat on an inland lake is valid unless one of the following occurs:
30.77(3)(ac)1.
1. All towns, villages and cities having jurisdiction over the lake have enacted an identical ordinance.
30.77(3)(ac)2.
2. At least 50% of the towns, villages and cities having jurisdiction over the lake have enacted an identical ordinance and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.
30.77(3)(ae)
(ae) If a town, village or city proposes to amend or repeal an ordinance that it enacted under
par. (ac), and if the amendment or repeal will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect the current ordinance or if the amendment or repeal will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with the current ordinance still in effect, the town, village or city proposing the amendment or repeal shall hold a hearing on the issue at least 30 days before the amendment or repeal will take effect and shall give notice as required under
par. (aw) 2. If, after holding the hearing, the town, village or city amends or repeals the ordinance that it enacted under
par. (ac), all of the identical ordinances are void.
