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.
AB514, s. 379
4Section
379. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB514,134,165
236.16
(3) (d) (intro.) All of the owners of all of the land adjacent to a public
6access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
7petition the city, village, town
, or county that owns the public access to construct
8shoreline erosion control measures. Subject to par. (e), the city, village, town
, or
9county shall construct the requested shoreline erosion control measures or request
10the department of natural resources to determine the need for shoreline erosion
11control measures. Upon receipt of a request under this paragraph from a city, village,
12town
, or county, the department of natural resources shall follow the procedures in
13s.
30.02 (3) and (4) 30.245, treating the request for a determination as a permit
14application. Subject to par. (e), the city, village, town or county shall construct
15shoreline erosion control measures as required by the department of natural
16resources if the department of natural resources determines all of the following:
AB514, s. 380
17Section
380. 281.35 (4) (b) (intro.) of the statutes is amended to read:
AB514,134,2218
281.35
(4) (b) (intro.) Before any person specified in par. (a) may begin a new
19withdrawal or increase the amount of an existing withdrawal, the person shall apply
20to the department under s. 30.18, 281.17 (1)
, or 281.41 for a new
permit or approval
21or a modification of its existing
permit or approval if either of the following conditions
22applies:
AB514, s. 381
23Section
381. 293.65 (2) (b) of the statutes is amended to read:
AB514,135,424
293.65
(2) (b) The department, upon receipt of an application for a permit, shall
25determine the minimum stream flow or lake level necessary to protect public rights,
1the minimum flow or level necessary to protect the rights of affected
riparians 2riparian owners, the point downstream beyond which riparian rights are not likely
3to be injured by the proposed diversion
, and the amount of surplus water,
as defined
4in s. 30.01 (6d), if any, at the point of the proposed diversion.
AB514, s. 382
5Section
382. 299.05 (1) and (2) (a) of the statutes are amended to read:
AB514,135,146
299.05
(1) The department shall promulgate rules under which the
7department refunds fees paid by an applicant for a
permit, license
, or approval that
8is issued under
ss. 30.10 to 30.205 or 30.21 to 30.27,
subch. II of ch. 30, except ss.
930.221 and 30.223; chs. 280 to 292
; or subch. II of ch. 295 and that is of a type specified
10in the rule if the department fails to make a determination on the application within
11the time limit specified in the rule for that type of
permit, license or approval. The
12rules under this subsection do not apply to an applicant for a license or other approval
13related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18),
14or nonmetallic mining, as defined in s. 295.11 (3).
AB514,135,16
15(2) (a) Permits and other approvals under
ss. 30.10 to 30.205 and 30.21 to 30.27 16subch. II of ch. 30, except ss. 30.221 and 30.223.
AB514, s. 383
17Section
383. 709.03 (form) C. 27. of the statutes is renumbered 709.03 (form)
18C. 28.
AB514, s. 384
19Section
384. 709.03 (form) C. 27. of the statutes is created to read:
Note: This adds a provision to the seller's disclosure form for residential real estate
transactions.
AB514,136,72
(1)
Advisory committee; rules on navigability. The department of natural
3resources shall appoint an advisory committee under section 227.13 of the statutes
4to advise and assist the department with respect to the promulgation of rules under
5section 30.04 (2) of the statutes, as created by this act. The department shall appoint
6members to the advisory committee who collectively possess a wide range of
7knowledge, experience, and interest in the navigable waters of this state.
AB514,136,128
(2)
Report on drainage of agricultural land. The department of agriculture,
9trade and consumer protection and the department of natural resources shall
10prepare a joint report on the drainage of agricultural land, with particular emphasis
11on the drainage that occurs in organized drainage districts. The report shall describe
12all of the following:
AB514,136,1413
(a) A summary of the history of each department's involvement with the
14supervision of and assistance to those involved in the drainage of land.
AB514,136,1615
(b) The current statutory authority and responsibilities of each department
16with respect to the drainage of land.
AB514,136,1817
(c) The current efforts of each department to carry out its authority and
18responsibility.
AB514,136,2119
(d) The efforts of the departments to cooperate with each other with respect to
20the drainage of land, and the potential for increasing the level of cooperation between
21the departments.
AB514,136,2322
(e) Any areas of disagreement between the departments regarding the
23authorities and responsibilities of each.
AB514, s. 386
1Section
386.
Cross-reference changes. In the sections of the statutes
2listed in Column A, the cross-references shown in Column B are changed to the
3cross-references shown in column C:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB514,140,212
(1) The repeal of sections 30.12 (3) (d), 30.12 (4) (title), 30.12 (5), 30.123 (5),
330.18 (3) (title) and (a) (title), 1. and 2., 30.18 (3) (a) 4., 30.18 (3) (b), 30.18 (9), 30.19
4(1m) (c) and (d), 30.19 (2) (intro.) and (a) to (d), 30.19 (2) (f), 30.19 (3) (title), 30.19 (3)
5(b), and 30.195 (4) and (7) of the statutes; the renumbering of sections 30.12 (3) (bt)
11. to 8., 30.12 (3) (bt) 9., 30.12 (4) (d), 30.18 (6) (d) (title), and 30.18 (8) of the statutes;
2the renumbering and amendment of sections
30.12 (3) (bt) (intro.), 30.12 (4) (a), 30.12
3(4) (b), 30.12 (4) (c), 30.12 (4) (e), 30.12 (4) (f), 30.12 (4m), 30.123 (1), 30.18 (3) (a) 3.,
430.18 (4) (a), 30.18 (6) (b), 30.18 (6) (c), 30.18 (6) (d), 30.19 (1) (intro.), 30.19 (1) (a),
530.19 (1) (b), 30.19 (1) (c), 30.19 (2) (e), 30.19 (3) (a), 30.19 (4), 30.195 (3), 30.196, 30.20
6(1) (b), 30.20 (1) (d), 30.20 (2) (c), 30.206, and 30.207 of the statutes; the amendment
7of sections 30.12 (title), 30.12 (1) (intro.), 30.12 (1) (a), 30.12 (1) (b), 30.12 (3) (a) 6.,
830.12 (3) (bn), 30.12 (3) (c), 30.123 (2), 30.123 (4), 30.135 (1) (a) (intro.) and 2., 30.135
9(2) (a) and (4), 30.18 (2) (a) (intro.), 30.18 (2) (b), 30.18 (4) (b), 30.18 (5) (a) (intro.),
1030.18 (5) (a) 1., 30.18 (5) (a) 2., 30.18 (5) (b), 30.18 (6) (title), 30.18 (6) (a), 30.18 (6m)
11(a) (intro.), 30.18 (6m) (a) 1. and 2., 30.18 (6m) (b), 30.18 (6m) (c), 30.18 (7), 30.19 (1m)
12(intro.), 30.19 (1m) (a), 30.19 (1m) (b), 30.19 (1m) (e), 30.19 (5), 30.195 (1), 30.20 (1)
13(a), and 30.20 (2) (title), (a) and (b) of the statutes; the repeal and recreation of
14sections 30.12 (2), 30.12 (3) (a) (intro.), 30.12 (3) (b), 30.123 (title), 30.123 (3), 30.18
15(4) (title), 30.18 (5) (title), 30.18 (6m) (title), 30.195 (2), 30.20 (1) (title), and 30.20 (1)
16(c) of the statutes; and the creation of sections 30.12 (3) (a) 9., 30.12 (3) (am), 30.12
17(3) (bg), 30.12 (3) (br), 30.123 (6), 30.135 (1) (title), 30.18 (1) (intro.), 30.18 (1) (b),
1830.18 (3m) (intro.), 30.18 (3m) (b), 30.18 (4) (a) 1., 30.18 (5) (a) 1m., 30.18 (6) (cm) 3.,
1930.19 (1b), 30.19 (1m) (f), 30.19 (3b) (intro.), 30.19 (4) (a), 30.20 (1) (b) 1. and 2., 30.20
20(3) (title) and (b), and 30.20 (4) of the statutes first apply to permits applied for on
21the effective date of this subsection.
AB514,140,2522
(2) The treatment of section 30.20 (1) (title), (a), (b) 1. and 2., (c), and (d), (2)
23(title), (a), (b), and (c), (3) (title) and (b), and (4) of the statutes and the renumbering
24and amendment of section 30.20 (1) (b) of the statutes first apply to contracts applied
25for on the effective date of this subsection.
AB514,141,3
1(3) The treatment of section 30.77 of the statutes first applies to an ordinance
2relating to the regulation of boating that is enacted or adopted on the effective date
3of this subsection.
Note: This provision relates to the applicability of amended s. 30.77 to preexisting
boating ordinances. The general rule established above is that amended s. 30.77 applies
prospectively only. That is, only local boating ordinances enacted after the effective date
of the legislation are subject to the amended statute. This allows preexisting ordinances
to be judged, in any challenge, by the statutory standards in place when the ordinance
was adopted, and does not raise doubts about the authority for preexisting ordinances.
However, if a preexisting ordinance is amended after the effective date of this
legislation, this provision makes the newly amended statute applicable to the entirety of
the ordinance enacted before the effective date of the legislation. This avoids the
confusion that would potentially result if preexisting portions of a boating ordinance were
subject to the prior statute, and new or amended portions of the boating ordinance were
subject to the amended statute. This does not mean that any portion of a preexisting
ordinance must necessarily be amended when any portion of the ordinance is being
amended or any new provision is being added to the ordinance. What it means is that a
local governmental unit should review the preexisting ordinance in light of the amended
statute, to determine if additional changes are necessary.
For the most part, the special committee believes that changes to preexisting
ordinances will not be necessary. Most of the requirements in s. 30.77, as amended, are
simply restatements and extensions of current statutory requirements.