AB500,97,2017
1. At least 50 percent of the cities, villages, or towns with a portion of the
18shoreline of the lake within their boundaries adopt a resolution authorizing the town
19sanitary district or public inland lake protection and rehabilitation district to enact
20the ordinance.
AB500,97,2221
2. At least 60 percent of the footage of shoreline of the lake is within the
22boundaries of the cities, villages, and towns that adopt the resolution.
AB500,98,223
(e)
Multiple cities, villages, towns, and counties; streams. 1. A city, village, or
24town that is contiguous to a stream may enact ordinances applicable to any portion
1of the stream if each city, village, or town that is contiguous to that portion of the
2stream on the opposite bank enacts an identical ordinance.
AB500,98,53
2. A county that is contiguous to a stream may enact ordinances applicable to
4any portion of the contiguous stream if each county that is contiguous to that portion
5of the stream on the opposite bank enacts an identical ordinance.
Note: The current statute does not distinguish between streams within and
streams contiguous to a county, town, village, or city. This bill makes that distinction, and
requires identical ordinances in the latter case. (The requirement to adopt an identical
ordinance is determined by the portion of the stream to which the ordinance applies.)
It should also be noted that the requirement for adopting identical ordinances with
respect to a stream that is contiguous to a town, village, or city does not apply to the
provision of this bill related to ordinances regarding local issues of concern only to the
town, village, or city. See sub. (4) (a) 3., above.
AB500,98,8
6(5) Strict conformity and consistency; prohibitions. (a)
Ordinances
7authorized. A local governmental unit may enact and enforce ordinances as provided
8under this subsection.
Note: The current statute, in several instances, authorizes a local governmental
unit "to enact and enforce" ordinances. This phrase is not used consistently, and a number
of other authorizations in the current statute refer only to "enacting" ordinances.
Ordinarily, authority to enforce an ordinance would be implied by the authority to enact
an ordinance. However, the jurisdiction of many local governmental units ends at the
water's edge, and the authority to enact ordinances under s. 30.77 is extraterritorial is
some cases. This bill retains "enforce" with respect to ordinances in this general grant
of authority to enact ordinances. The authority to enforce ordinances is intended to apply
to any waters of the state for which the local governmental unit is authorized to enact
ordinances.
AB500,98,119
(b)
Strict conformity required. Ordinances that relate to the subject matter
10encompassed by ss. 30.61, 30.62, 30.65, 30.67, 30.675, 30.68 (3m) (a) and (b) and (14),
1130.681 to 30.687, and 30.71 shall be in strict conformity with these statutes.
Note: The current statutes provide that an ordinance may either be in strict
conformity with or "not contrary to or inconsistent with" state law. The current statutes
further provide that an ordinance which is "not contrary to or inconsistent with" state law
must relate to "the equipment, use, or operation of boats or to any activity regulated by
ss. 30.60 to 30.77". The current statute does not provide sufficient guidance to determine
which state laws require strict conformity, and which ones require consistency in the
corresponding ordinances. Therefore, this bill simply lists the statutes that require strict
conformity in ordinances on the same subject. Any statute that meets the definition of
a "state law" in this bill, and is not on this list, requires consistency in a corresponding
ordinance, but may also be in strict conformity with the state law.
AB500,99,3
1(c)
Ordinances consistent with state law. Except for a state law that requires
2strict conformity under par. (b), every ordinance enacted by a local governmental
3unit under this section shall be consistent with state law if all of the following apply:
AB500,99,54
1. The ordinance is in the interest of public health, safety, or welfare, including
5the public's interest in preserving the state's natural resources.
AB500,99,76
2. The ordinance relates either to the equipment, use, or operation of boats or
7to any activity subject to a state law.
Note: Current s. 30.77 authorizes certain ordinances that are "not contrary to or
inconsistent with" state law. "Consistent with" is substituted for that phrase in this bill.
There does not appear to be any substantive difference between these phrases.
"Consistent with" is used in the interest of clarity, without intending any change in the
standard for ordinances.
AB500,99,148
(d)
Standards for consistency. An ordinance is consistent with state law even
9if it varies from the specific provisions of state law if the ordinance achieves the same
10general objective as state law, allows free use of the waters of this state within the
11framework established by state law, and is a reasonable restriction on public rights
12in waters of this state. An ordinance that meets the standards for consistency in this
13paragraph is not inconsistent with state law solely because the ordinance establishes
14standards that are more restrictive than the state law.
Note: This provision creates standards regarding what is meant by "consistency"
between ordinances and state law. The effect of this statutory standard is to create a
framework for the DNR to make comments on the issue of consistency in its advisory
review under sub. (10) in this bill, and to guide the decision of the hearing examiner under
the objection procedures in sub. (11) of this bill.
The special committee recognizes that it is difficult to draft statutory standards
regarding consistency that draw a clear line between ordinances that are consistent and
ordinances that are not consistent with state law. The new statutory standards are
intended to aid in the discussion and adjudication of these issues.
AB500,99,1715
(e)
Considerations in enacting ordinances. In enacting an ordinance for an
16individual body of water, a local governmental unit may take into account factors
17that include the following:
AB500,100,2
11. The type, size, shape, and depth of the body of water and any features of
2special environmental significance that the body of water has.
AB500,100,43
2. The amount, type, and speed of boating traffic on the body of water and
4boating safety and congestion.
AB500,100,75
3. The degree to which boating traffic on the body of water affects other
6recreational uses and the public's health, safety, and welfare, including the public's
7interest in preserving the state's natural resources.
AB500,100,98
(f)
Specific ordinances authorized. Ordinances that require consistency under
9par. (c) include those that relate to any of the following:
AB500,100,1010
1. Restrictions on speed.
AB500,100,1211
2. Restrictions on certain types of boating activities on all, or on specified parts,
12of the lake or stream.
AB500,100,1413
3. Restrictions on certain types of boating activities during specified hours of
14the day or specified days of the week.
AB500,100,1715
4. The operation, equipment, use, and inspection of boats carrying passengers
16for hire that operate from a base within the jurisdiction of the local governmental
17unit, including the regulation of reasonable fees for the inspection of such boats.
AB500,100,1918
5. Reasonable fees for using a public boat launching facility that the local
19governmental unit owns or operates.
AB500,100,2120
6. Reasonable fees for the local governmental unit's costs for operating or
21maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.
AB500,100,2322
7. Reasonable fees for the local governmental unit's costs of providing other
23recreational boating services.
Note: The provision regarding fees for "other recreational boating services"
retains current law. The special committee discussed the possibility of repealing or
modifying this provision, but decided against making changes. The special committee
acknowledges that although the current statute authorizes "reasonable" fees, a fee
related to boating that might be reasonable for purposes of the police power may
nevertheless exceed the bounds of the public trust in navigable waters under article IX,
section 1, of the Wisconsin constitution. However, the special committee concluded that
local governments should have the opportunity to impose reasonable fees that do not
violate the public trust, and that the statute should continue to allow this.
AB500,101,21
(g)
Prohibitions. 1. An ordinance may not require numbering, registration, or
2licensing of boats.
AB500,101,43
2. An ordinance may not charge a fee for inspection of boats, except as provided
4in par. (f) 4.
AB500,101,85
(h)
Cities, villages, and towns; issues of local concern. A city, village, or town
6may enact ordinances under sub. (4) (a) 3. that relate only to establishing
7slow-no-wake zones and prohibiting boats from designated areas and that apply
8only within the following areas:
AB500,101,99
1. A mooring area designated under s. 30.773 by the city, village, or town.
AB500,101,1110
2. A bridge, dam, channel, canal, or other similar hazard to navigation that is
11within the corporate limits of the city, village, or town.
AB500,101,1412
3. Any construction project that requires a permit under subch. II or ch. 31 and
13either is undertaken by the city, village, or town or is within the corporate limits of
14the city, village, or town.
AB500,101,1615
4. A marina that is either owned by the city, village, or town or is within the
16corporate limits of the city, village, or town.
AB500,101,1817
5. An area that is within 200 feet from any riparian property or lake bed that
18is owned by the city, village, or town.
AB500,101,1919
6. An area within a breakwater that is adjacent to the city, village, or town.
AB500,101,2020
7. A harbor that is within the corporate limits of the city, village, or town.
AB500,102,3
21(6) Rescinding authority to enact ordinances. (a)
Multiple cities, villages,
22and towns. If a city, village, or town enacts an ordinance for an inland lake under
1sub. (4) (c) and the city, village, or town amends or repeals the ordinance, that
2ordinance is void for each city, village, or town with shoreline on the inland lake
3unless the requirements of sub. (4) (c) 1. and 2. continue to apply.
AB500,102,114
(b)
Delegated jurisdiction. If a public inland lake protection and rehabilitation
5district or town sanitary district is authorized to enact ordinances for an inland lake
6under sub. (4) (d) and a city, village, or town rescinds the resolution that grants that
7authority, the public inland lake protection and rehabilitation district or town
8sanitary district may not enact ordinances for that inland lake and any ordinance
9enacted by the public inland lake protection and rehabilitation district or town
10sanitary district for that inland lake is void, unless the requirements of sub. (4) (d)
111. and 2. continue to apply.
AB500,102,15
12(7) Priority of ordinances. (a)
Counties. 1. An ordinance enacted by a county
13for a stream under sub. (4) (b) 1. or (e) 2. supersedes any provision of an ordinance
14enacted by a city, village, or town for a stream under sub. (4) (a) 2. or (e) 1. that is
15inconsistent with the county ordinance.
AB500,102,1816
2. An ordinance enacted by a county for a marina under sub. (4) (b) 4.
17supersedes any provision of an ordinance enacted by another local governmental
18unit that is inconsistent with the county ordinance.
AB500,102,2319
(b)
Town sanitary districts and lake districts. An ordinance enacted by a public
20inland lake protection and rehabilitation district or a town sanitary district for an
21inland lake under sub. (4) (d) supersedes any provision of an ordinance enacted by
22a city, village, or town under sub. (4) (a) 1. or (c) that is inconsistent with the public
23inland lake protection and rehabilitation district or town sanitary district ordinance.
AB500,103,224
(c)
Cities, villages, or towns; ordinances of local concern. An ordinance enacted
25by a city, village, or town for any waters of this state under sub. (4) (a) 3. supersedes
1any provision of an ordinance enacted under sub. (4) (b) 1. to 3. and (c) to (e) that is
2inconsistent with the city, village, or town ordinance under sub. (4) (a) 3.
AB500,103,8
3(8) Posting ordinances. All ordinances enacted under this section applicable
4to a lake or stream shall be prominently posted by the local governmental unit that
5enacted them at each point of public access to the lake or stream within the local
6governmental unit. For ordinances enacted under sub. (4) (c), the ordinances shall
7be posted by each local governmental unit at any point of public access to the lake
8or stream within the boundaries of that local governmental unit.
AB500,103,10
9(9) Hearings. (a)
Ordinances. A local governmental unit shall hold a public
10hearing under this subsection before enacting, amending, or repealing an ordinance.
AB500,103,1211
(b)
Resolutions. A local governmental unit shall hold a public hearing under
12this subsection before rescinding a resolution that is adopted under sub. (4) (d).
AB500,103,1713
(c)
Procedures. 1. A public hearing under this subsection shall be held at least
1430 days before an ordinance is enacted, amended, or repealed or a resolution is
15rescinded. If the action on an ordinance or resolution is proposed by more than one
16local governmental unit, the local governmental units may publish the notice and
17conduct the public hearing jointly.
AB500,103,2118
2. At least 30 days before the public hearing, a local governmental unit shall
19publish a class 1 notice, under ch. 985, of the hearing under this subsection in one
20or more newspapers likely to give notice of the hearing in all cities, villages, towns,
21and counties that have shoreline of the lake or stream within their boundaries.
AB500,104,222
3. A local governmental unit that publishes a notice of a public hearing under
23subd. 1. shall send a copy of the notice, at least 30 days before the hearing, to the
24department, to each city, village, town, and county that has shoreline of the lake or
25stream within its boundaries and, if the proposal relates to an inland lake, to each
1lake association for the lake and each public inland lake protection and
2rehabilitation district for the lake.
Note: This provision expands and harmonizes the current requirements for a
public hearing. This bill requires a public hearing each time an ordinance is proposed to
be enacted, amended, or repealed, or a resolution rescinded, rather than the more limited
requirements in the current statute. A public hearing must be held under this bill for all
ordinances, rather than only those affecting inland lakes, as under the current statute.
This bill applies the public hearing requirement to the amendment or repeal of an
ordinance, rather than to only the enactment of an ordinance, as under the current
statute. This bill requires all local governmental units to give notice of the public hearing,
rather than only the one with the most shoreline, as under the current statute.
AB500,104,5
3(10) Review by department. (a)
Review required. 1. The department shall
4review each ordinance or amendment to an ordinance proposed under this section
5to determine if the ordinance complies with this section.
Note: This expands the scope of DNR review so that it applies to all ordinances
enacted or amended under s. 30.77. The current statute applies DNR review only to
ordinances regarding the equipment, use or operation of boats and only to inland lakes.
This expands DNR review to apply to streams and outlying waters as well, and to any
other ordinances regarding boating.
AB500,104,66
2. This paragraph does not apply to the repeal of an ordinance.
AB500,104,97
(b)
Copy of ordinance to department. The local governmental unit shall submit
8a proposed ordinance to the department at least 60 days prior to final action on the
9ordinance.
AB500,104,1410
(c)
Report by department. The department shall prepare a report of its review.
11The report shall include findings regarding compliance of the ordinance with this
12section. If the department determines that the ordinance does not comply with this
13section, the report shall contain suggestions for changes that would bring the
14ordinance into compliance with this section.
AB500,104,1615
(d)
Deadline for review. The department shall complete its review within 20
16days after receiving a copy of a proposed ordinance under par. (b).
AB500,104,1817
(e)
Distribution of report. The department shall send a copy of any report
18prepared under par. (c) to each local governmental unit affected by the ordinance.
AB500,105,7
1(f)
Modifications. If a local governmental unit modifies an ordinance following
2receipt of a department report under par. (c), whether or not the modification is in
3response to the department report, the local governmental unit shall submit the
4modified, proposed ordinance in final form to the department prior to enactment.
5The department is not required to review the modified ordinance under this
6subsection if the modifications relate to the subject matter of the ordinance
7submitted to the department under par. (b).
Note: This provision is not expressly stated in the current statute. However, it is
implied by the statement in current s. 30.77 (3) (d) that local regulations must be
submitted to the DNR at least 60 days prior to "final action" by the local governmental
unit.
AB500,105,118
(g)
Validity of ordinance. 1. An ordinance is not valid unless the local
9governmental unit complies with all procedural requirements imposed on local
10governmental units by this section and the contents of the ordinance comply with
11this section.
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.
AB500,105,1312
2. A department report under this subsection is advisory only and does not
13affect 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).
AB500,105,1714
(h)
Filing copies. A local governmental unit that enacts, amends, or repeals an
15ordinance under this section shall file a signed copy of the ordinance, amendment,
16or repeal with the department. The department shall retain a copy of each ordinance,
17amendment, or repeal submitted under this paragraph.
AB500,106,3
1(11) Objection procedure. (a) Any of the following may file with the
2department an objection to an ordinance enacted under this section, on the grounds
3that any portion of the ordinance does not comply with this section:
AB500,106,44
1. A local governmental unit.
AB500,106,55
2. A qualified lake association, as defined in s. 281.68 (1) (b).
AB500,106,66
3. A nonprofit conservation organization, as defined in s. 23.0955 (1).
AB500,106,87
4. A local governmental unit, as defined in s. 66.0131 (1) (a), that is established
8for the purpose of lake management.
AB500,106,109
5. A nonstock corporation organized under ch. 181 whose primary purpose is
10to promote boating activities.
AB500,106,1111
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.
AB500,107,212
(b) 1. Upon receipt of an objection under par. (a), the department shall order
13a hearing on the objection under ch. 227. The hearing shall be a contested case
14hearing, and the administrator of the division of hearings and appeals in the
15department of administration shall assign a hearing examiner to the hearing as
1provided in s. 227.43. Persons who are not parties to the contested case may present
2testimony and evidence at the hearing.
AB500,107,43
2. The hearing examiner shall issue an order on the objection within 90 days
4after the date on which the hearing is ordered.
AB500,107,75
3. If the hearing examiner finds in favor of the objecting party, the hearing
6examiner shall issue an order declaring the ordinance or a portion of it void and
7prohibiting the enforcement of the ordinance or that portion of the ordinance.
AB500,107,108
(c) The procedure under this subsection does not supersede any other legal
9right or procedure that a person has to contest an ordinance enacted under this
10section.
AB500, s. 326
11Section
326. 30.771 of the statutes is created to read:
AB500,108,2
1230.771 Emergency powers; local regulation of boating. (1) A sheriff may
13issue an emergency regulation applicable to boating on any waters of this state
14within the sheriff's county. The emergency regulation shall be issued in written
15form, and the sheriff shall include with the emergency regulation findings of fact that
16support the need for the emergency regulation. The emergency regulation may
17establish slow-no-wake zones and may prohibit boats from designated areas. The
18emergency regulation may not be more restrictive than is necessary to address the
19emergency condition. The emergency regulation shall apply for a term specified by
20the sheriff, not to exceed 30 days. The sheriff may reissue an emergency regulation,
21for a term not to exceed 30 days, upon expiration of any prior emergency regulation
22or reissued emergency regulation. The sheriff shall publish and post the emergency
23regulation in a manner likely to give notice to users of the waters of this state that
24are subject to the emergency regulation and may mark or require the marking of the
1waters subject to the regulation by regulatory markers, if appropriate for the
2purpose of the regulation.
AB500,108,15
3(2) A city, village, or town may issue an emergency regulation in connection
4with a construction project in any waters of this state that are within the jurisdiction
5of or adjacent to the city, village, or town. The city, village, or town shall issue the
6emergency regulation in writing. The emergency regulation may establish a
7slow-no-wake zone and may prohibit boats from designated areas. The emergency
8regulation may not be more restrictive than is necessary to address the conditions
9related to the construction project. The emergency regulation shall apply for the
10duration of the construction project or 30 days, whichever is less. If necessary, the
11city, village, or town may reissue the emergency regulation upon expiration of the
12prior emergency regulation. The city, village, or town shall publish and post the
13emergency regulation in a manner likely to give notice to users of the waters of this
14state that are subject to the emergency regulation, and shall mark or require the
15marking of the waters subject to the regulation by appropriate regulatory markers.
AB500,108,18
16(3) Emergency regulations under this section are not subject to the procedures
17in s. 30.77, except that objection may be made to emergency regulations under this
18section using the procedures in s. 30.77 (11).
AB500,109,5
19(4) If waters subject to emergency regulations under sub. (1) or (2) are marked
20with regulatory markers, the sheriff or the city, village, or town shall obtain
21department approval of the regulatory markers. The sheriff or the city, village, or
22town may place the markers after obtaining department approval or, in cases
23requiring immediate placement of markers, the sheriff or the city, village, or town
24may place the markers and immediately notify the boating law administrator of the
25department that the emergency regulation is in effect and the markers have been
1placed. The department shall approve or decline to approve a regulatory marker
2under sub. (1) or (2) within 2 working days after receiving a request for approval from
3the sheriff or the city, village, or town. If the department declines to approve a
4regulatory marker after the sheriff or the city, village, or town has placed the marker,
5the 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.
AB500, s. 327
6Section
327. 30.772 (3) (d) 4. of the statutes is amended to read:
AB500,109,87
30.772
(3) (d) 4. The provisions and procedures of ch. 68 shall apply to the
grant 8issuance, denial
, or revocation of a mooring permit by a municipality.