AB500: Bill Text

MGG&RNK:lmk:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 500

June 16, 2005 - Introduced by Joint Legislative Council. Referred to Committee on Natural Resources.

AB500,5,2 An Act to repeal 30.03 (title), 30.03 (3), 30.10 (2), 30.10 (4) (title), 30.10 (4) (c), 30.105, 30.11 (5) (title), 30.12 (5), 30.123 (5), 30.126 (10) (title) and (a) (title), 30.126 (10) (b) (title), 30.13 (3) (title), 30.13 (6) (title), 30.14 (title), 30.14 (1) (title), 30.15 (title), 30.18 (3) (title) and (a) (title), 1. and 2., 30.18 (3) (a) 4., 30.18 (3) (b), 30.18 (9), 30.19 (1m) (c), (cm) and (d), 30.195 (4) and (7), 30.2035, 30.292, 30.298 (title), 30.501 (8), 30.537 (4) (e), 30.60, 30.61 (9), 30.62 (2) (d) 3., 30.62 (2) (f), 30.62 (2) (i), 30.62 (9), 30.67 (3) (title), 30.67 (3) (c), 30.68 (4) (b), 30.68 (12), 30.71 (1), 30.73 (4), 30.74 (2) (b), 30.78 (1g), 30.78 (3), 30.79 (1) (a) and 30.81 (1m) and (2); to renumber 30.01 (1b), 30.01 (1m), 30.01 (1t), 30.01 (3e), 30.01 (3m), 30.01 (3s), 30.01 (6d), 30.01 (7m), 30.01 (9), 30.01 (10), 30.10 (4) (d), 30.103, 30.11 (title), 30.11 (5) (a), 30.11 (5) (b) and (c), 30.11 (6), 30.121 (title) and (2) to (3w), 30.121 (5) and (6), 30.1235 (title), 30.1235, 30.1255, 30.13 (6), 30.133, 30.134, 30.14 (1), 30.15 (1) (intro.), 30.15 (3), 30.16, 30.18 (6) (d) (title), 30.18 (8), 30.2022 (title), 30.2022 (3) to (6), 30.2023 (1) to (9), 30.2026, 30.2037, 30.207 (title), 30.207 (1m), (2) and (3) (title), 30.207 (3) (b) and (c) (intro.) and 1. to 5., 30.207 (3) (d) and (4) (intro.), (a) and (c) (intro.), 30.207 (4) (c) 2. to 4. and (6) (title), 30.207 (6) (b) and (7) (title), 30.207 (7) (c) and (8) to (10), 30.21, 30.24, 30.25, 30.26, 30.265, 30.27, 30.275, 30.277, 30.285, 30.29, 30.294, 30.298 (2), subchapter III (title) of chapter 30 [precedes 30.299], 30.32, 30.33, subchapter IV (title) of chapter 30 [precedes 30.40], 30.67 (3) (a) and (b), 30.742 and 709.03 (form) C. 27.; to renumber and amend 30.025, 30.027, 30.03 (2), 30.03 (4) (a), 30.03 (4) (b), 30.05, 30.056, 30.06, 30.10 (title), 30.10 (1) (title), 30.10 (1), 30.10 (3), 30.10 (4) (a), 30.10 (4) (b), 30.11 (1) to (4), 30.12 (1m), 30.121 (4), 30.121 (7), 30.122, 30.124, 30.126 (title) and (2) to (9), 30.126 (10) (a), 30.126 (10) (b), 30.13 (3), 30.131, 30.14 (2), 30.15 (1) (title), 30.15 (1) (a), (b) and (c), 30.15 (1) (d), 30.18 (3) (a) 3., 30.18 (6) (b), 30.18 (6) (c), 30.18 (6) (d), 30.196, 30.20 (1g) (c), 30.202, 30.2022 (1), 30.2022 (2), 30.2023 (intro.), 30.2025, 30.203, 30.204, 30.205, 30.206, 30.207 (1), 30.207 (3) (a), 30.207 (3) (c) 6., 30.207 (4) (c) 1., 30.207 (6) (a), 30.207 (7) (a), 30.207 (7) (b), 30.208, 30.209, 30.2095 (title), 30.2095 (1) (a), 30.2095 (1) (b), 30.2095 (2), 30.28 (title) and (1) to (3), 30.291, 30.298 (1), 30.298 (3), 30.298 (4), 30.298 (5), 30.30, 30.31, 30.34, 30.35, 30.37, 30.38, 30.50 (2), 30.61 (10), 30.62 (2) (c), 30.62 (2) (d) 1., 30.62 (2) (d) 2., 30.62 (4) (b), 30.62 (6), 30.63, 30.635, 30.64, 30.67 (1), 30.675 (intro.) and (1), 30.68 (3) (a), 30.68 (3) (b) to (d), 30.68 (4) (a), 30.68 (5m), 30.68 (7), 30.69 (1) (a), 30.69 (1) (b), 30.69 (1) (c) and 30.70; to amend 20.370 (1) (mu), 25.29 (1) (a), 28.11 (12), 29.601 (5) (a), subchapter II (title) of chapter 30 [precedes 30.035], 30.12 (title), 30.12 (2m) (b), 30.12 (2r) (b) 1., 30.12 (3) (a) (intro.), 30.12 (3m) (b), 30.123 (title), 30.123 (6) (a), 30.123 (6) (b), 30.123 (6m) (b), 30.123 (6r) (b) 1., 30.123 (7) (a) (intro.), 30.123 (8) (b), 30.13 (title), (1) (intro.), (b) and (c), 30.13 (4) (c), 30.135 (2), 30.18 (2) (a) (intro.), 30.18 (2) (b), 30.18 (4) (a), 30.18 (4) (b), 30.18 (5) (a) (intro.), 30.18 (5) (a) 1., 30.18 (5) (a) 2., 30.18 (5) (b), 30.18 (6) (title), 30.18 (6) (a), 30.18 (6m) (a) (intro.), 30.18 (6m) (a) 1. and 2., 30.18 (6m) (b), 30.18 (6m) (c), 30.18 (7), 30.19 (3r) (a) (intro.), 30.19 (4) (b), 30.19 (4) (c) 2., 30.195 (2) (b), 30.20 (1g) (a) 1., 30.20 (1m) (b), 30.20 (1r) (b) 1., 30.20 (1t) (a), 30.20 (2) (e), 30.50 (4q), 30.50 (9), 30.501 (9), 30.505, 30.52 (1) (b) 1r., 30.54 (2), 30.571, 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8), 30.62 (title), (1) and (2) (b), 30.62 (2) (g) 1. to 3., 30.62 (2m) and (3) (a), 30.62 (4) (a), 30.62 (5), 30.62 (8), 30.625 (1) (intro.) and (2), 30.65 (1) (intro.), (b) and (f) and (2), 30.66 (1), (2) (title) and (3), 30.67 (2), 30.67 (4), (5) and (6) (b), 30.675 (2), 30.68 (title) and (2), 30.68 (4m) (title) and (5), 30.68 (6), 30.68 (7) (title), 30.68 (8) and (8m) (a), 30.68 (9) and (11), 30.69 (title), 30.69 (1) (title), 30.69 (2), 30.69 (3), 30.69 (4), 30.74 (1) (c) and (d), 30.74 (2) (a), 30.74 (3), 30.772 (3) (d) 4., 30.772 (4), 30.78 (1r) and (2), 30.79 (1) (b) 1. and 2., 30.79 (2), (3) and (4), 30.80 (2), 30.80 (3), 30.80 (4), 30.81 (3), 30.81 (4), 30.90 (title), 30.90 (1), 30.90 (2), 31.03, 33.475, 60.782 (2) (d), 200.35 (4), 236.16 (3) (d) (intro.), 281.35 (4) (b) (intro.), 293.65 (2) (b), 299.05 (1), 299.05 (2) (a), 299.85 (7) (a) 2. and 299.85 (7) (a) 4.; to repeal and recreate subchapter I (title) of chapter 30 [precedes 30.01], 30.18 (4) (title), 30.18 (5) (title), 30.18 (6m) (title), 30.73 (2) (a), 30.77, 30.78 (1) (intro.) and 30.81 (1); and to create 30.01 (1nq), 30.01 (1nw), 30.01 (6r), 30.035 (1) (b), 30.035 (3) and (4), 30.04, 30.18 (1) (intro.), 30.18 (1) (b), 30.18 (3m) (intro.), 30.18 (3m) (b), 30.18 (4) (a) 1., 30.18 (5) (a) 1m., 30.18 (6) (cm) 3., 30.18 (6m) (bm), 30.215, 30.244 (3) (am), 30.246, 30.253, 30.263 (title), 30.263 (1) (title), 30.266 (1) (intro.), 30.323 (title), 30.327 (title), 30.341 (1), 30.343 (title), 30.381 (title), 30.381 (3) (title), 30.381 (4) (title), 30.381 (4) (b), 30.381 (5), 30.381 (6) (title), 30.50 (1b), 30.50 (4u), 30.50 (9b), 30.50 (10g), 30.50 (13r), 30.5005, 30.605, 30.62 (2) (c) 2., 30.62 (3) (c), 30.62 (4) (b) 3., 30.62 (6) (b), 30.66 (3) (c), 30.67 (1g) (title), 30.68 (3m) (title), 30.68 (5g) (c), 30.68 (8m) (c), 30.68 (14) (title), 30.69 (1) (b) 2., 30.69 (1) (bm), 30.735, 30.771, subchapter VI (title) of chapter 30 [precedes 30.94], 30.96 (title), 30.98 (title), 30.98 (3) (title), 31.93, 60.782 (1m) and 709.03 (form) C. 27. of the statutes; relating to: determinations concerning the navigability of bodies of water; determinations as to whether bodies of waters are lakes or streams; procedures, requirements, and exemptions that apply to permits and contracts for activities that affect navigable waters; maintenance of bridges over navigable streams; liability for changing the courses of streams; rights of the public and riparian owners in navigable waters; mediation in making determinations in issuing individual permits and entering contracts for certain activities that affect navigable waters; elimination of obsolete provisions of ch. 30; recodification of chapter 30; the duties and powers of the department of natural resources relating to the regulation of boating; certificate of number and registration requirements for boats; equipment requirements for boats; requirements regarding boat operation; regulation of water skiing and similar activities; marking of water areas; local regulation of boating and seaplanes; placement and use of moorings; local water safety patrols; local regulations on icebound waters; boating fees charged by counties; requiring the exercise of rule-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.

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.

Modifies the current notice and hearing process by allowing the DNR to issue a denial directly after receiving a complete permit or contract application.

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.

AB500, s. 1 Section 1. 20.370 (1) (mu) of the statutes is amended to read:

AB500,7,3 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources and that are conducted under ss. 23.09 to 23.11, 27.01, 30.203, 30.277 30.355, 30.361, and 90.21, and chs. 29 and 169 and for transfers to the appropriation account under s. 20.285 (1) (kf).

AB500, s. 2 Section 2. 25.29 (1) (a) of the statutes is amended to read:

AB500,7,9 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29, 169, and 350, subchs. 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 to 30.55 30.578, 70.58, 71.10 (5), 71.30 (10), and 90.21, including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB500, s. 3 Section 3. 28.11 (12) of the statutes is amended to read:

AB500,7,24 28.11 (12) Enforcement. If at any time it appears to the department that the lands are not being managed in accordance with violation of this section it , the department shall so advise the county forestry committee and the county clerk. If the condition persists, the department may proceed against the persons responsible for such noncompliance under s. 30.03 (4) the possible violation by ordering a hearing under ch. 227. The department may request that the hearing examiner issue an order directing the responsible persons to perform or refrain from acts in order to fully protect the county forest lands. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the order in the name of the state. The proceeding shall be brought in the manner and with the effect of proceedings under s. 111.07 (7). No penalty may be imposed for violating a hearing examiner's order under this subsection, but the violation of a judgment enforcing the order may be punished in civil contempt proceedings.

AB500, s. 4 Section 4. 29.601 (5) (a) of the statutes is amended to read:

AB500,8,4 29.601 (5) (a) This section does not apply to any activities carried out under the direction and supervision of the department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges in accordance with s. 30.2022 30.341.

AB500, s. 5 Section 5. Subchapter I (title) of chapter 30 [precedes 30.01] of the statutes is repealed and recreated to read:

AB500,8,7 chapter 30

AB500,8,9 subchapter I definitions

AB500, s. 6 Section 6. 30.01 (1b) of the statutes is renumbered 30.18 (1) (a).

AB500, s. 7 Section 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.

AB500, s. 8 Section 8. 30.01 (1nq) of the statutes is created to read:

AB500,8,13 30.01 (1nq) "Environmental pollution" has the meaning given in s. 299.01 (4).

AB500, s. 9 Section 9. 30.01 (1nw) of the statutes is created to read:

AB500,8,16 30.01 (1nw) "Farm drainage ditch" means any artificial channel that drains water from lands that are used for agricultural purposes.

AB500, s. 10 Section 10. 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.

AB500, s. 11 Section 11. 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.

AB500, s. 12 Section 12. 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.

AB500, s. 13 Section 13. 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.

AB500, s. 14 Section 14. 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.

AB500, s. 15 Section 15. 30.01 (6r) of the statutes is created to read:

AB500,9,3 30.01 (6r) "Vessel" has the meaning given for "boat" in sub. (1bm).

AB500, s. 16 Section 16. 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.

AB500, s. 17 Section 17. 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.

AB500, s. 18 Section 18. 30.01 (10) of the statutes is renumbered 30.266 (1) (b).