Note: This provides an express statement of the requirement for a local
governmental unit to comply with procedural and substantive requirements of s. 30.77.
This requirement can be reasonably implied from the language in the current statute.
Ordinances must also conform to the constitutional public trust in navigable waters.
AB514,123,87
2. A department report under this subsection is advisory only and does not
8affect the validity of an ordinance.
Note: This provision is new. Although not expressed in the current statute, this
appears to be the legal effect of DNR review. The phrase "advisory review" is used in
current s. 30.77 (3) (d).
AB514,123,129
(h)
Filing copies. A local governmental unit that enacts, amends, or repeals an
10ordinance under this section shall file a signed copy of the ordinance, amendment,
11or repeal with the department. The department shall retain a copy of each ordinance,
12amendment, or repeal submitted under this paragraph.
AB514,123,15
13(11) Objection procedure. (a) Any of the following may file with the
14department an objection to an ordinance enacted under this section, on the grounds
15that any portion of the ordinance does not comply with this section:
AB514,123,1616
1. A local governmental unit.
AB514,123,1717
2. A qualified lake association, as defined in s. 281.68 (1) (b).
AB514,123,1818
3. A nonprofit conservation organization, as defined in s. 23.0955 (1).
AB514,124,2
14. A local governmental unit, as defined in s. 66.0131 (1) (a), that is established
2for the purpose of lake management.
AB514,124,43
5. A nonstock corporation organized under ch. 181 whose primary purpose is
4to promote boating activities.
AB514,124,55
6. The department.
Note: The current statute allows an objection on the grounds that an ordinance
is contrary to or inconsistent with ch. 30. The reference to all of ch. 30 does not appear
to be appropriate because s. 30.77 relates only to a local authority to enact ordinances
related to ss. 30.50 to 30.71. Therefore, this reference is changed to "this section" which
incorporates the new definition of "state law".
The grounds for objection in current law are that the ordinance is "contrary to or
inconsistent with" the statute. The proposal above allows an objection on the grounds
that the ordinance "does not comply with" the statute. This expands the scope of the
current grounds for objection by allowing objection based on any failure of a local
governmental unit to comply with s. 30.77, such as failure to comply with procedural
requirements.
The current statute allows an objection to an ordinance that applies to a river or
stream on the grounds that the ordinance is "not necessary for public health, safety,
welfare or the public's interest in preserving the state's natural resources". This standard
sets a much lower threshold for challenging ordinances, making it much more difficult
for a local governmental unit to defend the ordinance. As redrafted, the standards in this
section provide sufficient guidance and limitations for protecting the public by reference
to compliance with s. 30.77. Therefore, the "not necessary" standard is deleted.
AB514,124,116
(b) 1. Upon receipt of an objection under par. (a), the department shall order
7a hearing on the objection under ch. 227. The hearing shall be a contested case
8hearing, and the administrator of the division of hearings and appeals in the
9department of administration shall assign a hearing examiner to the hearing as
10provided in s. 227.43. Persons who are not parties to the contested case may present
11testimony and evidence at the hearing.
AB514,124,1312
2. The hearing examiner shall issue an order on the objection within 90 days
13after the date on which the hearing is ordered.
AB514,124,1614
3. If the hearing examiner finds in favor of the objecting party, the hearing
15examiner shall issue an order declaring the ordinance or a portion of it void and
16prohibiting the enforcement of the ordinance or that portion of the ordinance.
AB514,125,3
1(c) The procedure under this subsection does not supersede any other legal
2right or procedure that a person has to contest an ordinance enacted under this
3section.
AB514, s. 350
4Section
350. 30.771 of the statutes is created to read:
AB514,125,19
530.771 Emergency powers; local regulation of boating. (1) A sheriff may
6issue an emergency regulation applicable to boating on any waters of this state
7within the sheriff's county. The emergency regulation shall be issued in written
8form, and the sheriff shall include with the emergency regulation findings of fact that
9support the need for the emergency regulation. The emergency regulation may
10establish slow-no-wake zones and may prohibit boats from designated areas. The
11emergency regulation may not be more restrictive than is necessary to address the
12emergency condition. The emergency regulation shall apply for a term specified by
13the sheriff, not to exceed 30 days. The sheriff may reissue an emergency regulation,
14for a term not to exceed 30 days, upon expiration of any prior emergency regulation
15or reissued emergency regulation. The sheriff shall publish and post the emergency
16regulation in a manner likely to give notice to users of the waters of this state that
17are subject to the emergency regulation and may mark or require the marking of the
18waters subject to the regulation by regulatory markers, if appropriate for the
19purpose of the regulation.
AB514,126,7
20(2) A city, village, or town may issue an emergency regulation in connection
21with a construction project in any waters of this state that are within the jurisdiction
22of or adjacent to the city, village, or town. The city, village, or town shall issue the
23emergency regulation in writing. The emergency regulation may establish a
24slow-no-wake zone and may prohibit boats from designated areas. The emergency
25regulation may not be more restrictive than is necessary to address the conditions
1related to the construction project. The emergency regulation shall apply for the
2duration of the construction project or 30 days, whichever is less. If necessary, the
3city, village, or town may reissue the emergency regulation upon expiration of the
4prior emergency regulation. The city, village, or town shall publish and post the
5emergency regulation in a manner likely to give notice to users of the waters of this
6state that are subject to the emergency regulation, and shall mark or require the
7marking of the waters subject to the regulation by appropriate regulatory markers.
AB514,126,10
8(3) Emergency regulations under this section are not subject to the procedures
9in s. 30.77, except that objection may be made to emergency regulations under this
10section using the procedures in s. 30.77 (11).
AB514,126,22
11(4) If waters subject to emergency regulations under sub. (1) or (2) are marked
12with regulatory markers, the sheriff or the city, village, or town shall obtain
13department approval of the regulatory markers. The sheriff or the city, village, or
14town may place the markers after obtaining department approval or, in cases
15requiring immediate placement of markers, the sheriff or the city, village, or town
16may place the markers and immediately notify the boating law administrator of the
17department that the emergency regulation is in effect and the markers have been
18placed. The department shall approve or decline to approve a regulatory marker
19under sub. (1) or (2) within 2 working days after receiving a request for approval from
20the sheriff or the city, village, or town. If the department declines to approve a
21regulatory marker after the sheriff or the city, village, or town has placed the marker,
22the marker shall be immediately removed.
Note: This section codifies what apparently is the current practice of sheriffs in
this state, and places some limits on the emergency regulations. Although the emergency
regulations are not subject to the procedures and standards for local ordinances under
s. 30.77, there should be a means to object to unreasonable emergency regulations. This
provision allows an objection using the procedures in s. 30.77. However, the grounds for
objection are the standards in new s. 30.771, rather than the standards in s. 30.77.
AB514, s. 351
1Section
351. 30.772 (3) (d) 4. of the statutes is amended to read:
AB514,127,32
30.772
(3) (d) 4. The provisions and procedures of ch. 68 shall apply to the
grant 3issuance, denial
, or revocation of a mooring permit by a municipality.
AB514, s. 352
4Section
352. 30.772 (4) of the statutes is amended to read:
AB514,127,115
30.772
(4) Department permits. The department may issue a permit
6authorizing the placement or use of a mooring beyond 150 feet from the ordinary
7high-water mark if the municipality does not have an established permit procedure,
8or more than 200 feet from the ordinary high-water mark if sub. (3) (a) 5. applies.
9The department may place conditions or restrictions on any permit issued under this
10subsection.
The decision of the department under this subsection is subject to the
11time limits in s. 30.251.
AB514, s. 353
12Section
353. 30.78 (1) (intro.) of the statutes is repealed and recreated to read:
AB514,127,1513
30.78
(1) Local regulation authorized. (intro.) A local governmental unit
14that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing,
15by ordinance do any of the following:
AB514, s. 354
16Section
354. 30.78 (1g) of the statutes is repealed.
Note: The amendments to s. 30.78 expand the scope of local regulation of
seaplanes, so that any local governmental unit may also enact ordinances for seaplanes.
This authority applies to the same waters that may be regulated by the local
governmental unit under s. 30.77. Although s. 30.77 is used to define the scope of local
authority to regulate seaplanes, it should be noted that the procedures in s. 30.77 do not
apply to these ordinances.
AB514, s. 355
17Section
355. 30.78 (1r) and (2) of the statutes are amended to read:
AB514,128,318
30.78
(1r) Notice to department of transportation. The department of
19transportation shall receive timely notice of the public hearing required under
subs.
20sub. (1)
and (1g) and shall have an opportunity to present testimony on the proposed
1ordinance. An ordinance under sub. (1) (b)
or (1g) that regulates or restricts an area
2of surface waters for landing or take-off purposes shall be filed with the department
3of transportation.
AB514,128,6
4(2) Marking of regulated or restricted areas. Any ordinance that regulates
5or restricts an area of surface waters under sub. (1)
or (1g) shall direct that the area
6be marked by standard marking devices.
AB514, s. 356
7Section
356. 30.78 (3) of the statutes is repealed.
AB514, s. 357
8Section
357. 30.79 (1) (a) of the statutes is repealed.
Note: The definition of "local governmental unit" in s. 30.79 (1) (a) is no longer
necessary. See s. 30.50 (4u) as created in this bill.
AB514, s. 358
9Section
358. 30.79 (1) (b) 1. and 2. of the statutes are amended to read:
AB514,128,1410
30.79
(1) (b) 1. A unit within an existing municipal law enforcement agency or
11a separate municipal agency, created by a municipality or by a number of
12municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50
13to 30.80 and any
rules promulgated and ordinances enacted under
ss. 30.50 to 30.80 14s. 30.77 and for the purpose of conducting search and rescue operations.
AB514,128,1815
2. A unit created by
a public inland lake protection and rehabilitation district,
16by a lake sanitary district or by a number of one or more local governmental units
17riparian to a single lake
, at least one of which is a lake district or a lake sanitary
18district, for the purposes specified in subd. 1.
AB514, s. 359
19Section
359. 30.79 (2), (3) and (4) of the statutes are amended to read:
AB514,129,220
30.79
(2) State aid. In order to protect public rights in navigable waters and
21to promote public health, safety
, and welfare and the prudent and equitable use of
22the navigable waters of the state, a system of state aids for local enforcement of ss.
130.50 to 30.80 and ordinances enacted under
ss. 30.50 to 30.80 s. 30.77 and for
2conducting search and rescue operations is established.
AB514,129,8
3(3) Enforcement powers. Officers patrolling the waters as part of a water
4safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50
5to 30.80 or
any rules promulgated or ordinances enacted under
ss. 30.50 to 30.80 s.
630.77 and for conducting search and rescue operations, if the officers have reasonable
7cause to believe there is a violation of the sections
, rules or ordinances or the stopping
8and boarding of any boat is essential to conduct a search and rescue operation.
AB514,129,22
9(4) Jurisdiction. Upon petition by any local governmental unit or group of local
10governmental units operating or intending to operate a water safety patrol unit, the
11department shall, if it finds that it is in the interest of efficient and effective
12enforcement to do so, by rule define the waters which may be patrolled by the unit,
13including waters lying within the territorial jurisdiction of some other
town city,
14village
, or
city town if the
town city, village
, or
city town consents to the patrol of its
15waters. Such consent is not required if the petitioner is a local governmental unit
16containing a population of 5,000 or more, bordering upon the waters to be affected
17by the rule in counties having a population of less than 500,000. Officers patrolling
18the waters as part of the water safety patrol unit shall have the powers of sheriff in
19enforcing ss. 30.50 to 30.80, or
rules promulgated or ordinances enacted under
ss.
2030.50 to 30.80 s. 30.77 and in conducting search and rescue operations, on any of the
21waters so defined, whether or not the waters are within the jurisdiction of the local
22governmental unit for other purposes.
Note: Section 30.5005 (1) (b), as created by this bill, states the general authority
of DNR to promulgate rules under this subchapter. The specific reference to DNR
rule-making authority is repealed.
AB514, s. 360
23Section
360. 30.80 (2) of the statutes is amended to read:
AB514,130,4
130.80
(2) Any person violating s. 30.68 (2) shall be fined not more than $200
2or imprisoned
for not more than 6 months or both.
Any person violating s. 30.68 shall
3be required to obtain a certificate of satisfactory completion of a safety course under
4s. 30.74 (1).
Note: The stricken language duplicates s. 30.80 (2m).
AB514, s. 361
5Section
361. 30.80 (3) of the statutes is amended to read:
AB514,130,96
30.80
(3) Any person violating s. 30.71
or any rule promulgated under that
7section shall forfeit not more than $100 for the first offense and shall forfeit not more
8than $200 upon conviction of the same offense a 2nd or subsequent time within one
9year.
AB514, s. 362
10Section
362. 30.80 (4) of the statutes is amended to read:
AB514,130,1411
30.80
(4) Any person violating any provision of s. 30.72
or the rules
12promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and
13shall forfeit not more than $200 upon conviction of the same offense a 2nd or
14subsequent time within one year.
Note: Section 30.5005 (1) (b), as created by this bill, states the general authority
of DNR to promulgate rules under this subchapter. The specific reference to DNR
rule-making authority in s. 30.80 (3) and (4) is deleted.
AB514, s. 363
15Section
363. 30.81 (1) (intro.) of the statutes is repealed and recreated to read:
AB514,130,2016
30.81
(1) Local regulation authorized. (intro.) A local governmental unit
17that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing,
18enact an ordinance that is not inconsistent with this chapter, relative to the use or
19operation of boats and other craft, including snowmobiles and other motor vehicles,
20on icebound inland waters.
AB514, s. 364
21Section
364. 30.81 (1m) and (2) of the statutes are repealed.
AB514, s. 365
22Section
365. 30.81 (3) of the statutes is amended to read:
AB514,131,6
130.81
(3) Liability of local government. All traffic on icebound, inland waters
2shall be at the risk of the traveler. An ordinance
by any municipality or any public
3inland lake protection and rehabilitation district that is enacted under this section
4permitting traffic on icebound inland waters shall not render the
municipality or
5lake district local governmental unit enacting the ordinance liable for any accident
6to those engaged in permitted traffic while the ordinance is in effect.
AB514, s. 366
7Section
366. 30.81 (4) of the statutes is amended to read:
AB514,131,128
30.81
(4) Enforcement. A law enforcement officer of a
town, village or city local
9governmental unit that
is subject to enacts an ordinance
enacted under sub. (1)
or
10(1m) has the powers of sheriff in enforcing the ordinance on any portion of the
lake 11waters, whether or not that portion of the
lake waters is within the jurisdiction of the
12town, village or city local governmental unit for other purposes.
Note: The amendments to s. 30.81 expand the scope of local regulation of icebound
waters, so that any local governmental unit that has jurisdiction and current authority
to enact local ordinances under s. 30.77 may also enact ordinances for icebound waters.
This authority applies to the same waters that may be regulated by the local
governmental unit under s. 30.77. Although s. 30.77 is used to define the scope of local
authority to regulate icebound waters, it should be noted that the procedures in s. 30.77
do not apply to these ordinances.
AB514, s. 367
13Section
367. 30.90 (1) of the statutes is amended to read:
AB514,131,1614
30.90
(1) As long as
Lake Lions
Lake in the town of Alban, Portage County,
15continues to be used as a recreational area for the physically handicapped, all of the
16following shall apply:
AB514,131,2017
(a) Neither the county or town may provide, nor shall any subdivider be
18required or permitted to provide, public access to
Lake Lions
Lake, if the public
19access will in any way interfere with the use of the lake as a recreational area for the
20physically handicapped.
AB514,132,2
1(b) The department may stock
Lake Lions
Lake with fish, any provision in ch.
229 to the contrary notwithstanding.
AB514, s. 368
3Section
368. 30.90 (2) of the statutes is amended to read:
AB514,132,74
30.90
(2) The town board of the town of Alban shall have jurisdiction over
Lake 5Lions
Lake and may enact and enforce any ordinances necessary to prevent any
6deterioration of the waters of
Lake Lions
Lake or any nuisances that would adversely
7affect the
public health or safety
of the people.
AB514, s. 369
8Section
369. Subchapter VI (title) of chapter 30 [precedes 30.95] of the
9statutes is created to read:
AB514,132,1010
CHAPTER 30
AB514,132,1211
SUBCHAPTER VI
12
Enforcement; penalties
AB514, s. 370
13Section
370. 30.96 (title) of the statutes is created to read:
AB514,132,14
1430.96 (title)
Infringement of public rights.
AB514, s. 371
15Section
371. 30.98 (title) of the statutes is created to read:
AB514,132,16
1630.98 (title)
Penalties.
AB514, s. 372
17Section
372. 30.98 (3) (title) of the statutes is created to read:
AB514,132,1818
30.98
(3) (title)
Violation of permit, contract, or order.
AB514, s. 373
19Section
373. 31.03 of the statutes is amended to read:
AB514,132,25
2031.03 Permits for the Lower Wisconsin State Riverway. For activities in
21the Lower Wisconsin State Riverway, as defined in s. 30.40 (15),
no person obtaining 22the department shall include a condition in a permit
issued under this chapter
that
23the person obtaining the permit may
not start or engage in the activity for which the
24permit was issued unless the person obtains any permit that is required for the
25activity under s. 30.44 or 30.445.
AB514, s. 374
1Section
374. 31.93 of the statutes is created to read:
AB514,133,5
231.93 Enforcement of forfeitures. The district attorney of the appropriate
3county or, at the request of the department, the attorney general shall institute
4proceedings to recover any forfeiture imposed or to abate any nuisance committed
5under this chapter.
AB514, s. 375
6Section
375. 33.475 of the statutes is amended to read:
AB514,133,12
733.475 Boating fees. Notwithstanding the prohibition in s. 30.77
(1) against
8ordinances and local regulations that exclude any boat from the free use of the waters
9of the state (2), and in addition to the powers granted the county under ss. 30.77
(3)
10(e) (5) (f) 5. to 7. and 59.54 (2), the county may charge boat operators reasonable fees
11for the costs of providing other recreational boating services not specified in ss. 30.77
12(3) (e) (5) (f) 5. to 7. and 59.54 (2).
AB514, s. 376
13Section
376. 60.782 (1m) of the statutes is created to read:
AB514,133,1614
60.782
(1m) For purposes of this section, a town sanitary district shall
15determine footage of shoreline by use of a map wheel on the U.S. geological survey
167 1/2 minute series map.
AB514, s. 377
17Section
377. 60.782 (2) (d) of the statutes is amended to read:
AB514,133,2018
60.782
(2) (d) Lease or acquire, including by condemnation, any real property
19situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
20or
30.275 30.359 (4).
AB514, s. 378
21Section
378. 200.35 (4) of the statutes is amended to read:
AB514,134,322
200.35
(4) Delivery of deeds; DNR department of natural resources permits. 23Upon application of the commission the proper officers of this state shall execute,
24acknowledge
, and deliver to the proper officers of the district any deed or other
25instrument
as that may be proper for the purpose of fully confirming the grants
1under subs. (2) and (3). Notwithstanding s.
30.05 30.233, the district may not
2commence an action under sub. (2) or (3) without obtaining all of the necessary
3permits from the department of natural resources under ch. 30.