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.
AB500, s. 328
9Section
328. 30.772 (4) of the statutes is amended to read:
AB500,109,1610
30.772
(4) Department permits. The department may issue a permit
11authorizing the placement or use of a mooring beyond 150 feet from the ordinary
12high-water mark if the municipality does not have an established permit procedure,
13or more than 200 feet from the ordinary high-water mark if sub. (3) (a) 5. applies.
14The department may place conditions or restrictions on any permit issued under this
15subsection.
The decision of the department under this subsection is subject to the
16time limits in s. 30.221.
AB500, s. 329
17Section
329. 30.78 (1) (intro.) of the statutes is repealed and recreated to read:
AB500,109,2018
30.78
(1) Local regulation authorized. (intro.) A local governmental unit
19that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing,
20by ordinance do any of the following:
AB500, s. 330
21Section
330. 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.
AB500, s. 331
1Section
331. 30.78 (1r) and (2) of the statutes are amended to read:
AB500,110,72
30.78
(1r) Notice to department of transportation. The department of
3transportation shall receive timely notice of the public hearing required under
subs.
4sub. (1)
and (1g) and shall have an opportunity to present testimony on the proposed
5ordinance. An ordinance under sub. (1) (b)
or (1g) that regulates or restricts an area
6of surface waters for landing or take-off purposes shall be filed with the department
7of transportation.
AB500,110,10
8(2) Marking of regulated or restricted areas. Any ordinance that regulates
9or restricts an area of surface waters under sub. (1)
or (1g) shall direct that the area
10be marked by standard marking devices.
AB500, s. 332
11Section
332. 30.78 (3) of the statutes is repealed.
AB500, s. 333
12Section
333. 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.
AB500, s. 334
13Section
334. 30.79 (1) (b) 1. and 2. of the statutes are amended to read:
AB500,110,1814
30.79
(1) (b) 1. A unit within an existing municipal law enforcement agency or
15a separate municipal agency, created by a municipality or by a number of
16municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50
17to 30.80 and any
rules promulgated and ordinances enacted under
ss. 30.50 to 30.80 18s. 30.77 and for the purpose of conducting search and rescue operations.
AB500,111,219
2. A unit created by
a public inland lake protection and rehabilitation district,
20by a lake sanitary district or by a number of one or more local governmental units
1riparian to a single lake
, at least one of which is a lake district or a lake sanitary
2district, for the purposes specified in subd. 1.
AB500, s. 335
3Section
335. 30.79 (2), (3) and (4) of the statutes are amended to read:
AB500,111,84
30.79
(2) State aid. In order to protect public rights in navigable waters and
5to promote public health, safety
, and welfare and the prudent and equitable use of
6the navigable waters of the state, a system of state aids for local enforcement of ss.
730.50 to 30.80 and ordinances enacted under
ss. 30.50 to 30.80 s. 30.77 and for
8conducting search and rescue operations is established.
AB500,111,14
9(3) Enforcement powers. Officers patrolling the waters as part of a water
10safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50
11to 30.80 or
any rules promulgated or ordinances enacted under
ss. 30.50 to 30.80 s.
1230.77 and for conducting search and rescue operations, if the officers have reasonable
13cause to believe there is a violation of the sections
, rules or ordinances or the stopping
14and boarding of any boat is essential to conduct a search and rescue operation.
AB500,112,3
15(4) Jurisdiction. Upon petition by any local governmental unit or group of local
16governmental units operating or intending to operate a water safety patrol unit, the
17department shall, if it finds that it is in the interest of efficient and effective
18enforcement to do so, by rule define the waters which may be patrolled by the unit,
19including waters lying within the territorial jurisdiction of some other
town city,
20village
, or
city town if the
town city, village
, or
city town consents to the patrol of its
21waters. Such consent is not required if the petitioner is a local governmental unit
22containing a population of 5,000 or more, bordering upon the waters to be affected
23by the rule in counties having a population of less than 500,000. Officers patrolling
24the waters as part of the water safety patrol unit shall have the powers of sheriff in
25enforcing ss. 30.50 to 30.80, or
rules promulgated or ordinances enacted under
ss.
130.50 to 30.80 s. 30.77 and in conducting search and rescue operations, on any of the
2waters so defined, whether or not the waters are within the jurisdiction of the local
3governmental 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.
AB500, s. 336
4Section
336. 30.80 (2) of the statutes is amended to read:
AB500,112,85
30.80
(2) Any person violating s. 30.68 (2) shall be fined not more than $200
6or imprisoned
for not more than 6 months or both.
Any person violating s. 30.68 shall
7be required to obtain a certificate of satisfactory completion of a safety course under
8s. 30.74 (1).
Note: The stricken language duplicates s. 30.80 (2m).
AB500, s. 337
9Section
337. 30.80 (3) of the statutes is amended to read:
AB500,112,1310
30.80
(3) Any person violating s. 30.71
or any rule promulgated under that
11section shall forfeit not more than $100 for the first offense and shall forfeit not more
12than $200 upon conviction of the same offense a 2nd or subsequent time within one
13year.
AB500, s. 338
14Section
338. 30.80 (4) of the statutes is amended to read:
AB500,112,1815
30.80
(4) Any person violating any provision of s. 30.72
or the rules
16promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and
17shall forfeit not more than $200 upon conviction of the same offense a 2nd or
18subsequent 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.
AB500, s. 339
19Section
339. 30.81 (1) of the statutes is repealed and recreated to read:
AB500,113,320
30.81
(1) Local regulation authorized. A local governmental unit that has
21authority to enact an ordinance under s. 30.77 (4) may, after public hearing, enact
1an ordinance that is not inconsistent with this chapter, relative to the use or
2operation of boats and other craft, including snowmobiles and other motor vehicles,
3on icebound inland waters.
AB500, s. 340
4Section
340. 30.81 (1m) and (2) of the statutes are repealed.
AB500, s. 341
5Section
341. 30.81 (3) of the statutes is amended to read:
AB500,113,116
30.81
(3) Liability of local government. All traffic on icebound, inland waters
7shall be at the risk of the traveler. An ordinance
by any municipality or any public
8inland lake protection and rehabilitation district that is enacted under this section
9permitting traffic on icebound inland waters shall not render the
municipality or
10lake district local governmental unit enacting the ordinance liable for any accident
11to those engaged in permitted traffic while the ordinance is in effect.
AB500, s. 342
12Section
342. 30.81 (4) of the statutes is amended to read:
AB500,113,1713
30.81
(4) Enforcement. A law enforcement officer of a
town, village or city local
14governmental unit that
is subject to enacts an ordinance
enacted under sub. (1)
or
15(1m) has the powers of sheriff in enforcing the ordinance on any portion of the
lake 16waters, whether or not that portion of the
lake waters is within the jurisdiction of the
17town, 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.
AB500, s. 343
18Section
343. 30.90 (title) of the statutes is amended to read:
AB500,113,19
1930.90 (title)
Public access to Lake Lions Lake.
AB500, s. 344
20Section
344. 30.90 (1) of the statutes is amended to read:
AB500,114,3
130.90
(1) As long as
Lake Lions
Lake in the town of Alban, Portage County,
2continues to be used as a recreational area for the physically handicapped, all of the
3following shall apply:
AB500,114,74
(a) Neither the county or town may provide, nor shall any subdivider be
5required or permitted to provide, public access to
Lake Lions
Lake, if the public
6access will in any way interfere with the use of the lake as a recreational area for the
7physically handicapped.
AB500,114,98
(b) The department may stock
Lake Lions
Lake with fish, any provision in ch.
929 to the contrary notwithstanding.
AB500, s. 345
10Section
345. 30.90 (2) of the statutes is amended to read:
AB500,114,1411
30.90
(2) The town board of the town of Alban shall have jurisdiction over
Lake 12Lions
Lake and may enact and enforce any ordinances necessary to prevent any
13deterioration of the waters of
Lake Lions
Lake or any nuisances that would adversely
14affect the
public health or safety
of the people.
AB500, s. 346
15Section
346. Subchapter VI (title) of chapter 30 [precedes 30.94] of the
16statutes is created to read:
AB500,114,1717
CHAPTER 30
AB500,114,1918
SUBCHAPTER VI
19
Enforcement; penalties
AB500, s. 347
20Section
347. 30.96 (title) of the statutes is created to read:
AB500,114,21
2130.96 (title)
Infringement of public rights.
AB500, s. 348
22Section
348. 30.98 (title) of the statutes is created to read:
AB500,114,23
2330.98 (title)
Penalties.
AB500, s. 349
24Section
349. 30.98 (3) (title) of the statutes is created to read:
AB500,114,2525
30.98
(3) (title)
Violation of permit, contract, or order.
AB500, s. 350
1Section
350. 31.03 of the statutes is amended to read:
AB500,115,7
231.03 Permits for the Lower Wisconsin State Riverway. For activities in
3the Lower Wisconsin State Riverway, as defined in s. 30.40 (15),
no person obtaining 4the department shall include a condition in a permit
issued under this chapter
that
5the person obtaining the permit may
not start or engage in the activity for which the
6permit was issued unless the person obtains any permit that is required for the
7activity under s. 30.44 or 30.445.
AB500, s. 351
8Section
351. 31.93 of the statutes is created to read:
AB500,115,12
931.93 Enforcement of forfeitures. The district attorney of the appropriate
10county or, at the request of the department, the attorney general shall institute
11proceedings to recover any forfeiture imposed or to abate any nuisance committed
12under this chapter.
AB500, s. 352
13Section
352. 33.475 of the statutes is amended to read:
AB500,115,19
1433.475 Boating fees. Notwithstanding the prohibition in s. 30.77
(1) against
15ordinances and local regulations that exclude any boat from the free use of the waters
16of the state (2), and in addition to the powers granted the county under ss. 30.77
(3)
17(e) (5) (f) 5. to 7. and 59.54 (2), the county may charge boat operators reasonable fees
18for the costs of providing other recreational boating services not specified in ss. 30.77
19(3) (e) (5) (f) 5. to 7. and 59.54 (2).
AB500, s. 353
20Section
353. 60.782 (1m) of the statutes is created to read:
AB500,115,2321
60.782
(1m) For purposes of this section, a town sanitary district shall
22determine footage of shoreline by use of a map wheel on the U.S. geological survey
237 1/2 minute series map.
AB500, s. 354
24Section
354. 60.782 (2) (d) of the statutes is amended to read:
AB500,116,3
160.782
(2) (d) Lease or acquire, including by condemnation, any real property
2situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
3or
30.275 30.359 (4).
AB500, s. 355
4Section
355. 200.35 (4) of the statutes is amended to read:
AB500,116,115
200.35
(4) Delivery of deeds; DNR department of natural resources permits. 6Upon application of the commission the proper officers of this state shall execute,
7acknowledge
, and deliver to the proper officers of the district any deed or other
8instrument
as that may be proper for the purpose of fully confirming the grants
9under subs. (2) and (3). Notwithstanding s.
30.05
30.233, the district may not
10commence an action under sub. (2) or (3) without obtaining all of the necessary
11permits from the department of natural resources under ch. 30.
AB500, s. 356
12Section
356. 236.16 (3) (d) (intro.) of the statutes is amended to read:
AB500,116,2413
236.16
(3) (d) (intro.) All of the owners of all of the land adjacent to a public
14access established under par. (a) to an inland lake, as defined in s. 30.92 (1) (bk), may
15petition the city, village, town or county that owns the public access to construct
16shoreline erosion control measures. Subject to par. (e), the city, village, town or
17county shall construct the requested shoreline erosion control measures or request
18the department of natural resources to determine the need for shoreline erosion
19control measures. Upon receipt of a request under this paragraph from a city, village,
20town or county, the department of natural resources shall follow the notice and
21hearing procedures in s.
30.208 30.244 (3) to (5). Subject to par. (e), the city, village,
22town or county shall construct shoreline erosion control measures as required by the
23department of natural resources if the department of natural resources determines
24all of the following:
AB500, s. 357
25Section
357. 281.35 (4) (b) (intro.) of the statutes is amended to read:
AB500,117,5
1281.35
(4) (b) (intro.) Before any person specified in par. (a) may begin a new
2withdrawal or increase the amount of an existing withdrawal, the person shall apply
3to the department under s. 30.18,
281.17(1), 281.34, or 281.41 for a new
permit or 4approval or a modification of its existing
permit or approval if either of the following
5conditions applies:
AB500, s. 358
6Section
358. 293.65 (2) (b) of the statutes is amended to read:
AB500,117,127
293.65
(2) (b) The department, upon receipt of an application for a permit, shall
8determine the minimum stream flow or lake level necessary to protect public rights,
9the minimum flow or level necessary to protect the rights of affected
riparians 10riparian owners, the point downstream beyond which riparian rights are not likely
11to be injured by the proposed diversion
, and the amount of surplus water,
as defined
12in s. 30.01 (6d), if any, at the point of the proposed diversion.
AB500, s. 359
13Section
359. 299.05 (1) of the statutes is amended to read:
AB500,117,2214
299.05
(1) The department shall promulgate rules under which the
15department refunds fees paid by an applicant for a
permit, license
, or approval that
16is issued under
ss. 30.10 to 30.205 or 30.21 to 30.27,
subch. II of ch. 30, except ss.
1730.221 and 30.223; chs. 280 to 292
; or subch. II of ch. 295 and that is of a type specified
18in the rule if the department fails to make a determination on the application within
19the time limit specified in the rule for that type of
permit, license or approval. The
20rules under this subsection do not apply to an applicant for a license or other approval
21related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18),
22or nonmetallic mining, as defined in s. 295.11 (3).
AB500, s. 360
23Section
360. 299.05 (2) (a) of the statutes is amended to read:
AB500,117,2524
299.05
(2) (a) Permits, contracts, and other approvals under
ss. 30.10 to 30.205
25and 30.21 to 30.27 subch. II of ch. 30, except ss. 30.221 and 30.223.
AB500, s. 361
1Section
361. 299.85 (7) (a) 2. of the statutes is amended to read:
AB500,118,152
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
3in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
429.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b),
30.298 (1), (2), and
5(3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75
6(19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87
7(1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1)
8and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15
9(4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated
10entity that qualifies under sub. (2) for participation in the Environmental
11Improvement Program corrects violations that it discloses in a report that meets the
12requirements of sub. (3) within 90 days after the department receives the report that
13meets the requirements of sub. (3), the regulated entity may not be required to forfeit
14more than $500 for each violation, regardless of the number of days during which the
15violation continues.
AB500, s. 362
16Section
362. 299.85 (7) (a) 4. of the statutes is amended to read:
AB500,119,317
299.85
(7) (a) 4. Notwithstanding minimum or maximum forfeitures specified
18in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
1929.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b),
30.298 (1), (2), and
20(3) 30.381 (1), (2), (3) (a), (4) (a), (5), (6), and (7), 30.49 (1) (a) and (c), 31.23 (2), 281.75
21(19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87
22(1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1)
23and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15
24(4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if the department
25approves a compliance schedule under sub. (6) and the regulated entity corrects the
1violations according to the compliance schedule, the regulated entity may not be
2required to forfeit more than $500 for each violation, regardless of the number of days
3during which the violation continues.