AB514,4,22
1An Act to repeal 30.01 (6b), 30.02, 30.025, 30.03 (title), 30.03 (3), 30.10 (2), 30.10
2(4) (title), 30.10 (4) (c), 30.105, 30.11 (5) (title), 30.12 (3) (d), 30.12 (4) (title),
330.12 (5), 30.123 (5), 30.126 (10) (title) and (a) (title), 30.126 (10) (b) (title), 30.13
4(3) (title), 30.13 (6) (title), 30.14 (title), 30.14 (1) (title), 30.15 (title), 30.15 (3)
5(title), 30.18 (3) (title) and (a) (title), 1. and 2., 30.18 (3) (a) 4., 30.18 (3) (b), 30.18
6(9), 30.19 (1m) (c) and (d), 30.19 (2) (intro.) and (a) to (d), 30.19 (2) (f), 30.19 (3)
7(title), 30.19 (3) (b), 30.195 (4) and (7), 30.2035, 30.292, 30.298 (title), 30.501 (8),
830.537 (4) (e), 30.60, 30.61 (9), 30.62 (2) (d) 3., 30.62 (2) (f), 30.62 (2) (i), 30.62
9(9), 30.67 (3) (c), 30.68 (4) (b), 30.68 (12), 30.71 (1), 30.73 (4), 30.74 (2) (b), 30.78
10(1g), 30.78 (3), 30.79 (1) (a) and 30.81 (1m) and (2);
to renumber 30.01 (1b),
1130.01 (1m), 30.01 (1t), 30.01 (3e), 30.01 (3m), 30.01 (3s), 30.01 (6d), 30.01 (7m),
1230.01 (9), 30.01 (10), 30.10 (4) (d), 30.103, 30.11 (title), 30.11 (5) (b) and (c), 30.11
13(6), 30.12 (3) (bt) 1. to 8., 30.12 (3) (bt) 9., 30.12 (4) (d), 30.121 (title) and (2) to
14(3r), 30.121 (5) and (6), 30.1255, 30.13 (6), 30.133, 30.134, 30.14 (1), 30.15 (1)
1(intro.), 30.15 (3), 30.16, 30.18 (6) (d) (title), 30.18 (8), 30.2037, 30.21, 30.24,
230.25, 30.26, 30.265, 30.27, 30.275, 30.277, 30.29, 30.294, 30.298 (2),
3subchapter III (title) of chapter 30 [precedes 30.30], 30.32, 30.33, subchapter IV
4(title) of chapter 30 [precedes 30.40], 30.50 (2), 30.67 (3) (a) and (b), 30.742 and
5709.03 (form) C. 27.;
to renumber and amend 30.015, 30.027, 30.03 (2), 30.03
6(4) (a), 30.03 (4) (b), 30.05, 30.056, 30.06, 30.07 (title), 30.07 (1) (a), 30.07 (1) (b),
730.07 (2), 30.10 (title), 30.10 (1) (title), 30.10 (1), 30.10 (3), 30.10 (4) (a), 30.10
8(4) (b), 30.11 (1) to (4), 30.11 (5) (a), 30.12 (3) (bt) (intro.), 30.12 (4) (a), 30.12 (4)
9(b), 30.12 (4) (c), 30.12 (4) (e), 30.12 (4) (f), 30.12 (4m), 30.121 (4), 30.121 (7),
1030.122, 30.123 (1), 30.124, 30.126 (title) and (2) to (9), 30.126 (10) (a), 30.126 (10)
11(b), 30.13 (3), 30.131, 30.14 (2), 30.15 (1) (title), 30.15 (1) (a), (b) and (c), 30.15
12(1) (d), 30.18 (3) (a) 3., 30.18 (4) (a), 30.18 (6) (b), 30.18 (6) (c), 30.18 (6) (d), 30.19
13(1) (intro.), 30.19 (1) (a), 30.19 (1) (b), 30.19 (1) (c), 30.19 (2) (e), 30.19 (3) (a),
1430.19 (4), 30.195 (3), 30.196, 30.20 (1) (b), 30.20 (1) (d), 30.20 (2) (c), 30.202,
1530.2025, 30.2026, 30.203, 30.204, 30.205, 30.206, 30.207, 30.28, 30.298 (1),
1630.298 (3), 30.298 (4), 30.298 (5), 30.30, 30.31, 30.34, 30.35, 30.37, 30.38, 30.61
17(10), 30.62 (2) (c), 30.62 (2) (d) 1., 30.62 (2) (d) 2., 30.62 (4) (b), 30.62 (6), 30.63,
1830.635, 30.64, 30.67 (1), 30.67 (3) (intro.), 30.675 (intro.) and (1), 30.68 (3) (a),
1930.68 (3) (b) to (d), 30.68 (4) (a), 30.68 (5m), 30.68 (7), 30.69 (1) (a), 30.69 (1) (b),
2030.69 (1) (c) and 30.70;
to amend 25.29 (1) (a), 28.11 (12), subchapter II (title)
21of chapter 30 [precedes 30.035], 30.12 (title), 30.12 (1) (intro.), 30.12 (1) (a),
2230.12 (1) (b), 30.12 (3) (a) 6., 30.12 (3) (bn), 30.12 (3) (c), 30.123 (2), 30.123 (4),
2330.13 (title) and (1) (intro.), (b) and (c), 30.13 (1m) (intro.) and (b), 30.13 (4) (b),
2430.13 (4) (c), 30.135 (1) (a) (intro.) and 2., 30.135 (2) (a) and (4), 30.18 (2) (a)
25(intro.), 30.18 (2) (b), 30.18 (4) (b), 30.18 (5) (a) (intro.), 30.18 (5) (a) 1., 30.18 (5)
1(a) 2., 30.18 (5) (b), 30.18 (6) (title), 30.18 (6) (a), 30.18 (6m) (a) (intro.), 30.18
2(6m) (a) 1. and 2., 30.18 (6m) (b), 30.18 (6m) (c), 30.18 (7), 30.19 (1m) (intro.),
330.19 (1m) (a), 30.19 (1m) (b), 30.19 (1m) (e), 30.19 (5), 30.195 (1), 30.20 (1) (a),
430.20 (2) (title), (a) and (b), 30.50 (4q), 30.50 (9), 30.501 (9), 30.505, 30.52 (1) (b)
51r., 30.54 (2), 30.571, 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8),
630.62 (title), (1) and (2) (b), 30.62 (2) (g) 1. to 3., 30.62 (2m) and (3) (a), 30.62 (4)
7(a), 30.62 (5), 30.62 (8), 30.625 (1) (intro.) and (2), 30.65 (1) (intro.), (b) and (f)
8and (2), 30.66 (1), (2) (title) and (3), 30.67 (2), 30.67 (4), (5) and (6) (b), 30.675
9(2), 30.68 (title) and (2), 30.68 (4m) (title) and (5), 30.68 (6), 30.68 (7) (title),
1030.68 (8) and (8m) (a), 30.68 (9) and (11), 30.69 (title), 30.69 (1) (title), 30.69 (2),
1130.69 (3), 30.69 (4), 30.73 (2) (a), 30.74 (1) (c) and (d), 30.74 (2) (a), 30.74 (3),
1230.772 (3) (d) 4., 30.772 (4), 30.78 (1r) and (2), 30.79 (1) (b) 1. and 2., 30.79 (2),
13(3) and (4), 30.80 (2), 30.80 (3), 30.80 (4), 30.81 (3), 30.81 (4), 30.90 (1), 30.90 (2),
1431.03, 33.475, 60.782 (2) (d), 200.35 (4), 236.16 (3) (d) (intro.), 281.35 (4) (b)
15(intro.), 293.65 (2) (b) and 299.05 (1) and (2) (a);
to repeal and recreate
16subchapter I (title) of chapter 30 [precedes 30.01], 30.12 (2), 30.12 (3) (a) (intro.),
1730.12 (3) (b), 30.123 (title), 30.123 (3), 30.135 (1) (title), 30.18 (4) (title), 30.18
18(5) (title), 30.18 (6m) (title), 30.195 (2), 30.20 (1) (title), 30.20 (1) (c), 30.77, 30.78
19(1) (intro.) and 30.81 (1) (intro.); and
to create 30.01 (1h), 30.01 (1hm), 30.01
20(1mp), 30.01 (1nq), 30.01 (1nw), 30.035 (1) (b), 30.035 (3) and (4), 30.04, 30.12
21(3) (a) 9., 30.12 (3) (am), 30.12 (3) (bg), 30.12 (3) (br), 30.123 (6), 30.18 (1) (intro.),
2230.18 (1) (b), 30.18 (3m) (intro.), 30.18 (3m) (b), 30.18 (4) (a) 1., 30.18 (5) (a) 1m.,
2330.18 (6) (cm) 3., 30.19 (1b), 30.19 (1m) (f), 30.19 (3b) (intro.), 30.19 (4) (a), 30.20
24(1) (b) 1. and 2., 30.20 (3) (title) and (b), 30.20 (4), 30.213 (title), 30.215, 30.243
25(3) (c), 30.244 to 30.246, 30.253, 30.263 (title) and (1) (title), 30.266 (1) (intro.),
130.323 (title), 30.327 (title), 30.341 (title), 30.341 (1), 30.343 (title), 30.381
2(title), 30.381 (3) (title), 30.381 (4) (title), 30.381 (4) (b), 30.381 (5), 30.381 (6)
3(title), 30.50 (1b), 30.50 (4u), 30.50 (9b), 30.50 (10m), 30.50 (13r), 30.5005,
430.605, 30.62 (2) (c) 2., 30.62 (3) (c), 30.62 (4) (b) 3., 30.62 (6) (b), 30.66 (3) (c),
530.68 (3m) (title), 30.68 (5g) (c), 30.68 (8m) (c), 30.68 (14) (title), 30.69 (1) (b) 2.,
630.69 (1) (bm), 30.735, 30.771, subchapter VI (title) of chapter 30 [precedes
730.95], 30.96 (title), 30.98 (title), 30.98 (3) (title), 31.93, 60.782 (1m) and 709.03
8(form) C. 27. of the statutes;
relating to: determinations concerning the
9navigability of bodies of water; determinations as to whether bodies of waters
10are lakes or streams; procedures, requirements, and exemptions that apply to
11granting, modifying, and denying permits, contracts, and other approvals for
12activities that affect navigable waters; maintenance of bridges over navigable
13streams; liability for changing the courses of streams; rights of the public and
14riparian owners in navigable waters; elimination of obsolete provisions of ch.
1530; recodification of chapter 30; the duties and powers of the department of
16natural resources relating to the regulation of boating; certificate of number
17and registration requirements for boats; equipment requirements for boats;
18requirements regarding boat operation; regulation of water skiing and similar
19activities; marking of water areas; local regulation of boating and seaplanes;
20placement and use of moorings; local water safety patrols; local regulations on
21icebound waters; boating fees charged by counties; requiring the exercise of
22rule-making authority; and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the Prefatory Notes provided by the Joint Legislative
Council in the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill contains the final
recommendation of the Joint Legislative Council's special committee on navigable waters
recodification. The special committee was charged by the Joint Legislative Council with
recodifying ch. 30, in order to update language and make technical corrections in ch. 30.
The special committee determined that the following portions of ch. 30 merit
recodification:
— Subch. I (definitions)
— Subch. II (regulation of structures, deposits, dredging, and other activities that
affect navigable waters)
— Subch. V (boating)
This bill creates a new subch. VI for penalties and enforcement provisions that
apply to the entire chapter.
The other 2 subchapters in ch. 30 are not recodified. This bill relocates subch. III
(harbors) to make room for the renumbered provisions in subch. II, but makes no other
changes in either subch. III (harbors) or subch. IV (Lower Wisconsin State Riverway).
The changes made by this bill to current statutes are described in detailed notes
throughout this bill. In addition, the report to the legislature regarding this bill contains
background information, a summary of special committee discussions, and a
bibliography of information prepared for and submitted to the special committee. The
remainder of the prefatory note contains a brief summary of the key provisions of this bill.
NAVIGABLE WATERS REGULATION
The bill:
Reorganizes all of the statutes that provide for permits or approvals under subch.
II of ch. 30, so that these statutes are in a consistent format, use consistent terminology
and have consistent decision-making standards where appropriate.
Requires the department of natural resources (DNR) to develop and make publicly
available maps and data that show the results of its determinations of navigability.
Directs the DNR to develop rules that describe the methods it uses for making
determinations of navigability.
Requires DNR to promulgate rules that describe the public interest and public
rights and the rights of riparian owners for purposes of decisions to approve or deny
permits and approvals affecting navigable waters under subch. II of ch. 30.
Codifies the supreme court cases that set forth the kinds of evidence that can be
used to determine if a lake or stream is navigable.
Modifies provisions regarding farm drainage ditches to provide an exemption from
regulation, rather than an exemption from the definition of "navigable", and clarifies the
exemption so that it only applies to projects for an agricultural purpose.
Creates a procedure to request a hearing if the DNR issues an order modifying or
rescinding a permit or contract.
Authorizes DNR to issue a permit for a deposit in navigable waters if, among other
things, the deposit will promote public rights and interests in navigable waters.
Authorizes additional "short form" permits to simplify the approval process for
several of the permit statutes.
Modifies the current notice and hearing process by allowing the DNR to issue a
denial directly after receiving a complete permit or contract application.
Requires a person who wishes to challenge a permit or contract in a contested case
hearing to make a more detailed showing of the facts and legal standards that support
the objection, and requires DNR to find that those facts raise a reasonable doubt that the
project, as proposed, complies with the applicable standards in subch. II.
Authorizes mediation between the applicant and persons with an interest in a
permit or contract if the applicant, DNR and the other interested parties agree to this
process.
STATE BOATING REGULATION
The bill:
Eliminates the authority of DNR to change statutory regulations by
administrative rule in order to conform to federal regulations; and requires DNR to
submit legislation to conform statutes to federal regulations.
Consolidates and makes consistent the provisions regarding equipment and
operation of patrol boats.
Updates references to activities that involve being towed behind a boat.
Updates federal cross-references that are incorrect, and adds federal
cross-references where current statutes have a nonspecific reference to federal law.
Extends the current prohibition on retail sale of a boat made in this state that does
not comply with noise limits so that this prohibition also applies to retail sale of boats
made elsewhere.
Creates a statutory exemption from the requirement to carry a personal flotation
device for racing shells, sculls, kayaks and canoes, to duplicate the current exemption in
federal law.
Authorizes but does not require that a parent or guardian be liable for a minor's
actions in boat operation; violations by a minor are currently deemed to be a violation by
the parent or guardian.
Permits operation of a boat within 100 feet from a skin diver's flag or swimmer if
there is not sufficient room beyond 100 feet from the flag to maneuver, but boat operation
may not exceed slow-no-wake speed.
LOCAL BOATING REGULATION
The bill:
Authorizes a town, village, or city to enact boating ordinances of clearly local
concern, even if another local governmental unit (county, lake district, or town sanitary
district) has adopted an ordinance applicable to the same lake or stream.
Expands county authority so that a county may enact boating ordinances for an
inland lake if authorized to do so by the towns, villages, or cities surrounding the lake or
if those towns, villages, or cities do not enact a boating ordinance.
Provides that counties may enact boating ordinances for outlying waters
contiguous to the county.
Lists state boating regulations that require strict conformity in local ordinances
and sets standards for other local ordinances which are required by statute to be
consistent with state regulations.
Expands the scope of DNR review so that it applies to all local boating ordinances.
Authorizes a sheriff or a town, village, or city to issue emergency regulations
applicable to boating.
AB514, s. 1
1Section
1. 25.29 (1) (a) of the statutes is amended to read:
AB514,7,5
125.29
(1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing
2to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350,
3subchs. I and VI of ch. 77
, and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50
4to
30.55 30.578, 70.58, 71.10 (5), 71.30 (10), and 90.21, including grants received from
5the federal government or any of its agencies except as otherwise provided by law.
AB514, s. 2
6Section
2. 28.11 (12) of the statutes is amended to read:
AB514,7,207
28.11
(12) Enforcement. If at any time it appears to the department that the
8lands are
not being managed in
accordance with violation of this section
it
, the
9department shall so advise the county forestry committee and the county clerk. If
10the condition persists
, the department may proceed against the persons responsible
11for
such noncompliance under s. 30.03 (4) the possible violation by ordering a hearing
12under ch. 227. The department may request that the hearing examiner issue an
13order directing the responsible persons to perform or refrain from acts in order to
14fully protect the county forest lands. If any person fails or neglects to obey an order,
15the department may request the attorney general to institute proceedings for the
16enforcement of the order in the name of the state. The proceeding shall be brought
17in the manner and with the effect of proceedings under s. 111.07 (7). No penalty may
18be imposed for violating a hearing examiner's order under this subsection, but the
19violation of a judgment enforcing the order may be punished in civil contempt
20proceedings.
AB514, s. 3
21Section
3. Subchapter I (title) of chapter 30 [precedes 30.01] of the statutes
22is repealed and recreated to read:
AB514,7,2524
subchapter I
25
definitions
AB514, s. 4
1Section
4. 30.01 (1b) of the statutes is renumbered 30.18 (1) (a).
AB514, s. 5
2Section
5. 30.01 (1h) of the statutes is created to read:
AB514,8,33
30.01
(1h) "Contested case" has the meaning given in s. 227.01 (3).
AB514, s. 6
4Section
6. 30.01 (1hm) of the statutes is created to read:
AB514,8,55
30.01
(1hm) "Contested case hearing" means a hearing of a contested case.
AB514, s. 7
6Section
7. 30.01 (1m) of the statutes is renumbered 30.50 (3m).
Note: The definition of "designated mooring area" is moved to the boating
subchapter, where that term is used.
AB514, s. 8
7Section
8. 30.01 (1mp) of the statutes is created to read:
AB514,8,98
30.01
(1mp) "Division of hearings and appeals" means the division of hearings
9and appeals in the department of administration.
AB514, s. 9
10Section
9. 30.01 (1nq) of the statutes is created to read:
AB514,8,1111
30.01
(1nq) "Environmental pollution" has the meaning given in s. 299.01 (4).
AB514, s. 10
12Section
10. 30.01 (1nw) of the statutes is created to read:
AB514,8,1413
30.01
(1nw) "Farm drainage ditch" means any artificial channel that drains
14water from lands that are used for agricultural purposes.
AB514, s. 11
15Section
11. 30.01 (1t) of the statutes is renumbered 30.266 (1) (a).
Note: The definition of "flotation device" is relocated to s. 30.266, where the term
is used.
AB514, s. 12
16Section
12. 30.01 (3e) of the statutes is renumbered 30.50 (5g).
Note: The definition of "mooring" is relocated to the boating statutes, where the
term is used.
AB514, s. 13
17Section
13. 30.01 (3m) of the statutes is renumbered 30.50 (5m).
Note: The definition of "mooring anchor" is moved to the boating statutes, where
the term is used.
AB514, s. 14
18Section
14. 30.01 (3s) of the statutes is renumbered 30.50 (5r).
Note: The definition of "mooring buoy" is moved to the boating statutes, where the
term is used.
AB514, s. 15
19Section
15. 30.01 (6b) of the statutes is repealed.
Note: The definition of "substantive written objection" is repealed. This term is
is used in s. 30.135, regarding water ski platforms and water ski jumps: a substantive
written objection is required to obtain a contested case hearing to challenge issuance of
a permit for these structures. However, the DNR determines by rule the reasons that will
support a substantive written objection under s. 30.135, making the definition
unnecessary for purposes of that section. The only other use of this term is in the general
notice and hearing provisions of current s. 30.02, which are substantially modified in this
bill and moved to s. 30.245. The new notice and hearing provision contains additional
requirements for objections to a permit or approval that are sufficient to obtain a
contested case hearing, rendering this definition unnecessary for purposes of the general
notice and hearing provision.
AB514, s. 16
1Section
16. 30.01 (6d) of the statutes is renumbered 293.01 (27m).
Note: The definition of "surplus water" is only used in s. 30.18. The substance of
this definition is incorporated into s. 30.18 (5) (a) 2. The definition is moved to the chapter
dealing with metallic mining, where the definition is used by cross-reference.
AB514, s. 17
2Section
17. 30.01 (7m) of the statutes is renumbered 30.18 (1) (c).
Note: The definition of "water loss" is relocated to s. 30.18, where the term is used.
AB514, s. 18
3Section
18. 30.01 (9) of the statutes is renumbered 30.18 (1) (d).
Note: The definition of "withdrawal" is relocated to s. 30.18, where that term is
used.
AB514, s. 19
4Section
19. 30.01 (10) of the statutes is renumbered 30.266 (1) (b).
Note: The definition of "Wolf River municipality" is relocated to where that term
is used. The new numbering of this statute is s. 30.266 as proposed by this bill.
AB514, s. 20
5Section
20. 30.015 of the statutes is renumbered 30.251 and amended to read:
AB514,9,15
630.251 Time limits for issuing permit determinations. In issuing permits
7under this
chapter subchapter, the department shall initially determine whether a
8complete application for the permit has been submitted and, no later than 60 days
9after the application is submitted, notify the applicant in writing about the initial
10determination of completeness. If the department determines that the application
11is incomplete, the notice shall state the reason for the determination and the specific
12items of information necessary to make the application complete. An applicant may
13supplement and resubmit an application that the department has determined to be
14incomplete. There is no limit on the number of times that an applicant may resubmit
15an application that the department has determined to be incomplete under this
1section. The department may not demand items of information that are not specified
2in the notice as a condition for determining whether the application is complete
3unless both the department and the applicant agree or unless the applicant makes
4material additions or alterations to the project for which the application has been
5submitted.