Feed for /1999/statutes/statutes/30 PDF
30.275(3)(c) (c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
30.275(3)(d) (d) Administer the management program.
30.275(3)(e) (e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.275(3)(f) (f) Act as coordinator under this section.
30.275(3)(g) (g) Develop the Wisconsin Fox River scenic urban waterway, as designated in sub. (2), as a historic and recreational site.
30.275(4) (4)Department authority. The department in connection with scenic urban waterways may:
30.275(4)(a) (a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
30.275(4)(b) (b) Lay out and develop scenic drives.
30.275(4)(c) (c) Undertake projects to improve surface water quality and surface water flow.
30.275(4)(d) (d) Provide grants to municipalities, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).
30.275(5) (5)Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
30.277 30.277 Urban rivers grant program.
30.277(1b) (1b)Definition. In this section:
30.277(1b)(a) (a) "Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.
30.277(1b)(b) (b) "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).
30.277(1m) (1m)Funding.
30.277(1m)(a)(a) Beginning in fiscal year 1992-93, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to governmental units to assist them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under s. 20.866 (2) (ta) beginning on July 1, 2000.
30.277(1m)(b) (b) For each fiscal year, except as provided in s. 23.0915 (1r) (c), from the appropriation under s. 20.866 (2) (tz), the department shall designate for expenditure $1,900,000 for grants under this section and for grants under s. 23.096 for the purposes under sub. (2) (a). This paragraph does not apply after June 30, 2000.
30.277(2) (2)Purposes of grants.
30.277(2)(a)(a) Grants awarded under this section from the appropriation under s. 20.866 (2) (tz) shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.
30.277(2)(b) (b) A grant awarded to a governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, "land" includes rights in land.
30.277(2)(c) (c) Grants awarded under this section from the appropriation under s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.
30.277(3) (3)Criteria for grants. The department shall consider all of the following criteria in awarding grants for projects under this section:
30.277(3)(a) (a) The extent to which diverse outdoor recreational opportunities will be made available to all segments of the population.
30.277(3)(b) (b) The extent of preservation or restoration, under the project, of an urban riverfront.
30.277(3)(c) (c) The aesthetic value of the project.
30.277(3)(d) (d) The project's potential for increasing tourism.
30.277(3)(e) (e) Whether significant planning has occurred in the area subject to the jurisdiction of the governmental unit prior to its request for a grant under this section.
30.277(3)(f) (f) The level of support for the project demonstrated by the governmental unit, including financial support.
30.277(3)(g) (g) Whether the project involves a joint effort by 2 or more governmental units.
30.277(3)(h) (h) The potential benefits of the project to the overall economy of the area subject to the jurisdiction of the governmental unit.
30.277(3)(i) (i) The extent to which the project preserves or highlights an area with significant historical or cultural value.
30.277(3)(j) (j) The extent to which access by the public to the riverfront will be improved.
30.277(3)(k) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.
30.277(4) (4)Cap on grants. No governmental unit may receive in any fiscal year more than 20% of the funds that are available for grants under this section.
30.277(4m) (4m)Grants for Kickapoo. The department may not award a grant under this section from the appropriation under s. 20.866 (2) (tz) to the Kickapoo reserve management board.
30.277(5) (5)Contribution by governmental unit. To be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under s. 20.370 or money appropriated under s. 20.866 (2) (ta), (tp) to (tw), (ty) or (tz).
30.277(6) (6)Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k). The department shall promulgate a rule specifying the types of projects that qualify as a shoreline enhancement project under this section.
30.277(7) (7)Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
30.277 History History: 1991 a. 269; 1993 a. 16, 343; 1997 a. 27; 1999 a. 9.
30.28 30.28 Fees for permits, approvals, determinations and hearings.
30.28(1)(1)Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.
30.28(2) (2)Amount of fees.
30.28(2)(a)(a) For fees charged for permits and approvals under ss. 30.10 to 30.205 and 30.21 to 30.27, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
30.28(2)(a)1. 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
30.28(2)(a)2. 2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
30.28(2)(a)3. 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
30.28(2)(b)1.1. For an application for a general permit submitted under s. 30.207 (3), the fee shall be $2,000.
30.28(2)(b)2. 2. For a notice submitted under s. 30.207 (7), the fee shall be $100.
30.28(2m) (2m)Adjustments in fees.
30.28(2m)(a)(a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete.
30.28(2m)(am) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).
30.28(2m)(b) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7) after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
30.28(2m)(c) (c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or 281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
30.28(2m)(d) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207.
30.28(2r) (2r)Fee for expedited service.
30.28(2r)(a)(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:
30.28(2r)(a)1. 1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or approval.
30.28(2r)(a)2. 2. The department verifies that it will be able to comply with the request.
30.28(2r)(b) (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.
30.28(3) (3)Exemptions.
30.28(3)(a)(a) This section does not apply to projects funded in whole or in part by any federal agency or state agency.
30.28(3)(b) (b) This section does not apply to a permit issued under s. 30.12 (3) (a) 2., 2m. or 3.
30.28 Annotation The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83, 234 Wis. 2d 335, 610 N.W.2d 129.
30.29 30.29 Operation of motor vehicles in waters prohibited.
30.29(1)(1)Definition. In this section, "motor vehicle" includes an all-terrain vehicle, as defined in s. 340.01 (2g).
30.29(2) (2)Prohibition. Except as provided under sub. (3), no person may operate a motor vehicle in or on any navigable water or the exposed bed of a navigable water.
30.29(3) (3)Exceptions. This section does not apply to:
30.29(3)(a) (a) Stream crossing. A person operating a motor vehicle to cross a stream by use of a bridge, culvert, ford or similar structure if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(3)(b) (b) Agriculture activities. A person operating a motor vehicle while the person is engaged in agricultural use, as defined under s. 91.01 (1).
30.29(3)(c) (c) Department activities. The department or any agent of the department operating a motor vehicle while the person is engaged in activities authorized by the department.
30.29(3)(d) (d) Activities for which a permit is issued. A person or agent of a person who is issued a permit by the department while the person or agent is engaged in activities related to the purpose for which the permit is issued.
30.29(3)(e) (e) Amphibious vehicles. A person operating an amphibious motor vehicle registered as a boat with the department if the amphibious vehicle enters the water at a boat launch or a ford.
30.29(3)(f) (f) Boat launching. A person operating a motor vehicle to launch or load a boat, canoe or other watercraft.
30.29(3)(g) (g) On frozen waters. A person operating a motor vehicle on the surface of any navigable waters which are frozen.
30.29(3)(h) (h) Access to frozen waters. A person operating a motor vehicle to cross the bed or banks of a navigable water in order to reach the surface of any navigable waters which are frozen if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(4) (4)Penalty. A person who violates this section shall forfeit $50 for the first offense and shall forfeit not more than $100 upon conviction of the same offense a 2nd or subsequent time within one year.
30.29 History History: 1981 c. 189; 1987 a. 374; 1991 a. 39.
30.292 30.292 Parties to a violation.
30.292(1) (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
30.292(2) (2) A person is concerned in the commission of the violation if the person does any of the following:
30.292(2)(a) (a) Directly commits the violation.
30.292(2)(b) (b) Aids and abets the commission of the violation.
30.292(2)(c) (c) Is a party to a conspiracy with another to commit the violation or advises, hires, counsels or otherwise procures any person to commit it.
30.292 History History: 1987 a. 374.
30.294 30.294 Nuisances, abatement. Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?