AB500, s. 318
14Section
318. 30.73 (4) of the statutes is repealed.
Note: Section 30.73 pertains to use regulations on the Brule River. Subsection (4)
establishes a penalty by cross-reference to s. 30.80 (1). However, that cross-reference is
unnecessary because s. 30.80 (1) provides that it establishes penalties for violation of ss.
30.50 to 30.80 for which a specific penalty is not provided elsewhere.
AB500, s. 319
15Section
319. 30.735 of the statutes is created to read:
AB500,92,2
1630.735 Tampering with navigation aids or regulatory markers. No
17unauthorized person may move, remove, molest, tamper with, destroy, or attempt to
1destroy any aid to navigation or regulatory marker, sign, or other device established
2and maintained to aid boaters.
Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.
AB500, s. 320
3Section
320. 30.74 (1) (c) and (d) of the statutes are amended to read:
AB500,92,74
30.74
(1) (c) A valid certificate issued by another state, as defined in s. 115.46
5(2) (f), or a province of Canada
or the Canadian government that is held by a person
6will shall be honored if the course content substantially meets that established by
7the department.
Note: Canadian provinces no longer issue boating safety certificates. This is done
by the Canadian government.
AB500,92,108
(d) The department shall
also prepare and disseminate information on water
9safety to the public, including
the informational pamphlets specified in s. 30.52 (5)
10(a) 4. and (b) 3.
AB500, s. 321
11Section
321. 30.74 (2) (a) of the statutes is amended to read:
AB500,92,1712
30.74
(2) (a) The department by rule shall establish uniform marking of the
13water areas waters of this state through the placement of aids to navigation and
14regulatory markers. These rules shall establish a marking system compatible with
15the system of aids to navigation prescribed by the U.S. coast guard
and shall give due
16regard to the system of uniform waterway markers approved by the advisory panel
17of state officials to the merchant marine council, U.S. coast guard.
AB500,92,23
18(bm) No
municipality local governmental unit that enacts an ordinance under
19s. 30.77 or person may mark the waters of this state in
any manner in conflict with
20the marking system
prescribed established by the department
under par. (a). Any
21regulatory marker or aid to navigation that does not comply with this marking
22system is considered an unlawful obstruction to navigable waters and may be
23removed
in accordance with law under s. 30.95.
AB500,93,4
1(c) The department may not prohibit the placement of a regulatory marker or
2an aid to navigation if it complies with
this the marking system
established by the
3department under par. (a) and if it is being placed pursuant to an ordinance
that has
4been enacted
in compliance with under s. 30.77.
Note: The advisory panel is obsolete.
AB500, s. 322
5Section
322. 30.74 (2) (b) of the statutes is repealed.
Note: The definitions of these terms are deleted here and recreated as definitions
in s. 30.50.
AB500, s. 323
6Section
323. 30.74 (3) of the statutes is amended to read:
AB500,93,137
30.74
(3) Enforcement. The department shall assist in the enforcement of ss.
830.50 to 30.80
and in connection therewith. The department may maintain patrol
9boats and
may operate
such the patrol boats at such times and places as the
10department deems necessary in the interest of boating safety and the effective
11enforcement of boating laws.
An ordinance enacted under s. 30.77 does not apply to
12a patrol boat operated by the department if the patrol boat is engaged in a law
13enforcement activity.
Note: This allows wardens to more effectively patrol lakes and streams, primarily
by avoiding the need to comply with extensive slow-no-wake ordinances.
AB500, s. 324
14Section
324. 30.742 of the statutes is renumbered 30.5005 (3).
AB500, s. 325
15Section
325. 30.77 of the statutes is repealed and recreated to read:
AB500,93,16
1630.77 Local regulation of boating. (1) Definitions. In this section:
AB500,93,1817
(a) "Footage of shoreline" means the length of shoreline in feet measured by use
18of a map wheel on the U.S. geological survey 7 1/2 minute map series.
AB500,93,2019
(b) "State law" means this section, ss. 30.50 to 30.71, and those penalties under
20s. 30.80 that apply to ss. 30.50 to 30.71.
Note: Section 30.5005 (1) (b), as created by this bill, provides that a reference to
a statute in any of the boating statutes also includes the rules promulgated under that
statute. Thus, "state laws" includes DNR boating rules.
AB500,94,5
1(2) Local regulation prohibited; exception. State laws shall be uniform in
2operation throughout the state. No local governmental unit may enact an ordinance
3on any matter pertaining to a state law except as provided under this section, or as
4provided under another statute that, by its express terms, and, notwithstanding this
5section, authorizes enactment of an ordinance by a local governmental unit.
Note: This first part of this subsection restates current law. See current s. 30.77
(1). The purpose of this provision is to establish the policy that state boating laws are
intended to be uniform, and that the authorization of local regulation is within the
context of this uniformity.
The provision regarding statutory authority other than s. 30.77 is new and states
expressly what is the apparent intent of s. 30.77, that this statute is the exclusive
authority for local regulation of boating equipment and operations, as well as other
matters subject to regulation under this section, unless specific authority is provided
elsewhere in the statutes.
AB500,94,9
6(3) Duties of the department. (a)
Assistance. The department shall draft and
7disseminate model ordinances that meet the requirements of this section. The
8department shall consult with and assist local governmental units in enacting and
9enforcing ordinances that meet the requirements of this section.
Note: This provision creates a new requirement that DNR must prepare model
ordinances and assist local governmental units in enforcing ordinances enacted by those
governmental units.
AB500,94,1110
(b)
Review of ordinances. The department shall review ordinances as provided
11under sub. (10).
AB500,94,15
12(4) Jurisdiction of certain local governmental units. (a)
Cities, villages, and
13towns. 1. A city, village, or town that has the entire shoreline of an inland lake within
14the boundaries of the city, village, or town may enact ordinances applicable to that
15lake.
AB500,94,1816
2. A city, village, or town that has both banks of a stream within the boundaries
17of the city, village, or town may enact ordinances applicable to that portion of the
18stream that is within the boundaries of the city, village, or town.
Note: The current statute authorizes a town, village, or city to enact ordinances
applicable to both lakes and streams "within its jurisdiction". With respect to streams,
the current statute does not clearly define the jurisdiction of a town, village, or city. This
bill authorizes the town, village, or city to enact ordinances applicable to streams within
its boundaries (i.e., the town, village, or city has territory on both banks of the stream).
A later provision, in sub. (4) (e), provides that a town, village, or city that is adjacent to
a stream may enact ordinances if the town, village, or city that is also adjacent to the
stream (i.e., on the opposite shore) enacts the identical ordinance.
AB500,95,71
3. Notwithstanding pars. (b) 1. to 3. or (c) to (e), a city, village, or town may enact
2ordinances applicable to waters of this state that pertain to issues of local concern
3to that city, village, or town, as specified in sub. (5) (h). If there is a disagreement
4among local governmental units regarding the content of an ordinance enacted
5under this subdivision, or the priority of an ordinance enacted under this
6subdivision, as provided in sub. (7) (c), the matter may be submitted to the
7department for a determination.
Note: This provision is new. It authorizes ordinances that are of concern only to
an individual town, village, or city. The provisions regarding priority of local
governmental unit authority in sub. (7) (c) make it clear that a town, village, or city
ordinance related only to local issues supersedes inconsistent provisions of any other
ordinance applicable to the same body of water. The scope of these ordinances of local
concern is limited by sub. (5) (h).
AB500,95,98
(b)
Counties. 1. A county that has both banks of a stream within the county
9boundaries may enact ordinances applicable to that portion of the stream.
Note: "Stream" is used instead of "river or stream", which is used in the current
statute. There is not a substantive distinction between these 2 terms.
AB500,95,1110
2. A county that has the entire shore of an inland lake within the county
11boundaries may enact ordinances applicable to that lake.
AB500,95,1312
2g. A county ordinance enacted under subd. 2. is void if the ordinance is enacted
13with respect to a lake for which an ordinance is enacted under par. (a) 1., (c), or (d).
AB500,95,1614
2r. A county ordinance enacted under subd. 2 with respect to a lake for which
15an ordinance has not been enacted under par. (a) 1., (c), or (d) is void if any of the
16following applies:
AB500,96,3
1a. The entire shoreline of the lake is within the boundaries of a city, village, or
2town that adopts a resolution declaring the county ordinance void, and the city,
3village, or town files a copy of the resolution with the department.
AB500,96,84
b. At least 50 percent of the cities, villages, or towns with a portion of the
5shoreline of the lake within the boundaries of the city, village, or town adopt a
6resolution declaring the county ordinance void, a copy of the resolution is filed with
7the department, and at least 40 percent of the footage of shoreline of the lake is
8within the boundaries of those cities, villages, or towns.
Note: This provision is new. Counties have authority under the current statutes
to enact ordinances related only to streams and county marina developments. This bill
gives counties the authority to enact ordinances related to an inland lake if the entire
shore of the inland lake is within the county boundaries. The county is not required to
obtain authorization from the towns, villages, or cities bordering the lake. A county is not
required to enact ordinances for all lakes, but rather may determine which lakes within
the county merit regulation. Although not stated in the bill, it is obvious that one or more
towns, villages, or cities bordering the lake may request the county to enact an ordinance.
Under the current statute, the primary authority to enact boating regulations, or
to delegate authority to enact boating regulations, rests with the towns, villages, and
cities. Although counties are given authority in this bill to enact boating ordinances, the
preeminent authority of towns, villages, and cities is retained. If a town, village, or city
enacts an ordinance applicable to a lake or adopts a resolution declaring the county
ordinance void, the county ordinance is void with respect to that lake. Similarly, the
towns, villages, or cities with concurrent jurisdiction of a lake may adopt a resolution
declaring the county ordinance void, if the requisite number of municipalities do so, as
provided in this bill. Finally, a town sanitary district or lake district that enacts an
ordinance pursuant to authority granted by the towns, villages, or cities bordering a lake
renders the county ordinance on that lake void.
AB500,96,109
3. A county may enact ordinances applicable to outlying waters that are
10contiguous to the county.
Note: The current statute authorizes a town, village, or city to enact ordinances
applicable to "waters of this state within its jurisdiction". Municipal jurisdiction of
outlying waters is determined by the municipal charter. It appears that there is some
variability in jurisdiction, with the jurisdiction of some municipalities ending at the
water's edge and others extending into the Great Lakes for varying distances. It does not
appear that there is substantial reason for towns, villages, or cities to adopt boating
regulations on the Great Lakes other than in the near-shore areas. Therefore, this bill
provides that counties may enact ordinances applicable to outlying waters. Towns,
villages, and cities have authority in sub. (4) (a) 3. to enact ordinances of local concern on
outlying waters, whether or not the county has adopted ordinances on those waters.
AB500,97,3
14. A county that operates a marina development adjacent to waters of this state
2may enact ordinances that relate to the development, operation, and use of the
3marina and the waters adjoining the marina.
AB500,97,74
(c)
Multiple cities, villages, and towns; inland lakes. A city, village, or town may
5enact ordinances applicable to an inland lake if the city, village, or town has a portion
6of the shoreline of the lake within the boundaries of the city, village, or town and all
7of the following apply:
AB500,97,98
1. At least 50 percent of the cities, villages, or towns with a portion of shoreline
9of the lake within their boundaries enact an identical ordinance.
AB500,97,1110
2. At least 60 percent of the footage of shoreline of the lake is within the
11boundaries of the cities, villages, and towns that enact an identical ordinance.
AB500,97,1612
(d)
Town sanitary district or lake district. A town sanitary district or public
13inland lake protection and rehabilitation district may enact ordinances applicable
14to an inland lake if at least 60 percent of the footage of the shoreline of the lake is
15within the town sanitary district or public inland lake protection and rehabilitation
16district boundary and all of the following apply:
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.