33.475 Annotation
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services" under ss. 30.77 (3) (e) 1. c. and 33.475 is unconstitutional.
79 Atty. Gen. 185.
33.48
33.48
Continued expenditure level by county and municipalities. The county or a municipality within the county may not reduce in any fiscal year its expenditures relating to environmental control of land surfaces below the expenditures it made in the fiscal year ending in 1990 if the county or the municipality makes the expenditures for the purposes of protecting or rehabilitating the quality of the surface waters and the groundwaters of the county. These expenditures include, but are not limited to, spending for erosion control, for construction site control, for environmental control of agricultural land and for conservation programs or projects but do not include extraordinary or nonrecurring expenses for these purposes.
33.48 History
History: 1989 a. 324.
SOUTHEASTERN WISCONSIN
FOX RIVER COMMISSION
33.53
33.53
Definitions. In this subchapter:
33.53(1)
(1) "Board of commissioners" means the board of commissioners of the commission.
33.53(2)
(2) "Commission" means the Southeastern Wisconsin Fox River Commission created under
s. 33.54.
33.53(3)
(3) "Commissioner" means a member of the board of commissioners.
33.53(4)
(4) "County" means Racine County or Waukesha County.
33.53(5)
(5) "County board" means the county board of a county.
33.53(6)
(6) "Municipality" means any city, village or town.
33.53(7)
(7) "River municipality" means any of the following municipalities that is located in a county:
33.53(8)
(8) "Surface waters" include surface water in drainage ditches.
33.53 History
History: 1997 a. 27.
33.54
33.54
Creation, funding. There is created a Southeastern Wisconsin Fox River Commission for the Illinois Fox River basin. For the purposes of this subchapter, the Illinois Fox River basin extends from the northern boundary of the city of Waukesha downstream to the point immediately below the Waterford Dam. The board of commissioners shall govern the commission. A county or river municipality may appropriate money to the commission. The commission, a county or a river municipality may solicit gifts, grants and other aid for the commission to enable the commission to perform the functions in this subchapter.
33.54 History
History: 1997 a. 27.
33.55
33.55
Board of commissioners; composition. 33.55(1)
(1) The board of commissioners shall consist of the following persons, all of whom shall be residents of the county:
33.55(1)(a)
(a) The county executive of Racine County or his or her designee.
33.55(1)(b)
(b) The county executive of Waukesha County or his or her designee.
33.55(1)(c)
(c) The mayor of the city of Waukesha or his or her designee.
33.55(1)(d)
(d) The town board chairperson of the town of Waukesha or his or her designee.
33.55(1)(e)
(e) The village president of the village of Waterford or his or her designee.
33.55(1)(f)
(f) The town board chairperson of the town of Waterford or his or her designee.
33.55(1)(g)
(g) The village president of the village of Big Bend or his or her designee.
33.55(1)(h)
(h) The town board chairperson of the town of Vernon or his or her designee.
33.55(1)(i)
(i) The town board chairperson of the town of Mukwonago or his or her designee.
33.55(1)(j)
(j) The village president of the village of Mukwonago or his or her designee.
33.55(1)(k)
(k) Two residents of the town of Waterford, who shall be appointed by the town board.
33.55(1)(L)
(L) Two residents of the town of Vernon, who shall be appointed by the town board.
33.55(1)(m)
(m) One resident of the village of Big Bend, who shall be appointed by the village board.
33.55(1)(n)
(n) One nonvoting representative from the Southeastern Wisconsin Regional Planning Commission, who shall be appointed by the chairperson of the Southeastern Wisconsin Regional Planning Commission.
33.55(1)(o)
(o) One nonvoting representative from the department of natural resources, who shall be appointed by the secretary of natural resources.
33.55(2)(a)(a) If a commissioner listed under
sub. (1) (a) to
(j) is an elected official, his or her term on the commission runs concurrently with his or her term in office. If the elected official resigns from the commission during his or her term in office, the elected official shall appoint a designee to take his or her place on the commission within 90 days of his or her resignation.
33.55(2)(b)
(b) If a commissioner listed under
sub. (1) (a) to
(j) is appointed to the commission by an elected official, as the designee of an elected official, his or her term on the commission begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the designee of an elected official shall be filled within 90 days of the vacancy by another designee who is appointed by the elected official, or the elected official may become the commissioner.
33.55(2)(c)
(c) The term of a commissioner appointed by a town or village board under
sub. (1) (k) to
(m) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 2nd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the town or village board within 90 days of the vacancy.
33.55(2)(d)
(d) The term of a commissioner appointed under
sub. (1) (n) or
(o) begins on the 3rd Tuesday in April of the year in which the commissioner is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the commissioner is appointed. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy.
33.55(3)
(3) Nine commissioners shall constitute a quorum for the transaction of business.
33.55(4)
(4) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 5 commissioners.
33.55(5)
(5) Any action by the board of commissioners requires the affirmative vote of a majority of the members present and voting.
33.55(6)
(6) Annually, the board of commissioners shall elect a chairperson, vice chairperson and secretary from its members, and these officers shall have the following duties:
33.55(6)(a)
(a) The chairperson shall preside at all meetings and all public hearings held by the board of commissioners.
33.55(6)(b)
(b) The vice chairperson shall preside at any meeting or any public hearing held by the board of commissioners at which the chairperson is unable to preside.
33.55(6)(c)
(c) The secretary shall keep minutes of all meetings of the board of commissioners and hearings held by it.
33.55 History
History: 1997 a. 27,
252.
33.56
33.56
Board of commissioners; duties. The board of commissioners shall do all of the following:
33.56(1)
(1) Initiate and coordinate surveys and research projects for the purpose of gathering data relating to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
33.56(2)
(2) Maintain a liaison with agencies of the federal, state and local governments and other organizations that are involved in programs or projects designed to protect, rehabilitate and manage water resources.
33.56(3)
(3) Develop a public information and education program on issues related to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
33.56 History
History: 1997 a. 27;
2003 a. 33.
33.57
33.57
Board of commissioners; powers. The board of commissioners may do all of the following:
33.57(1)
(1) Develop and implement plans, projects or programs to do any of the following:
33.57(1)(a)
(a) Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters of the Illinois Fox River basin that are located in a river municipality.
33.57(1)(b)
(b) Protect or enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality.
33.57(1)(c)
(c) Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the county that relate to any of the following:
33.57(1)(c)1.
1. Surface water and groundwater quality of the Illinois Fox River basin that is located in a river municipality.
33.57(1)(c)2.
2. The recreational use of and public access to navigable waters of the Illinois Fox River basin that is located in a river municipality.
33.57(1)(c)3.
3. Water safety and boating regulations for the Illinois Fox River basin that is located in a river municipality.
33.57(2)
(2) Develop and propose to the county board programs or projects to make improvements to the navigable waters in the Illinois Fox River basin that is located in a river municipality, including constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navigable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways.
33.57(3)
(3) Create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; scientists; conservationists; hunters; and water skiing, diving and other sports clubs.
33.57(4)
(4) Adopt any rules necessary to implement the duties and powers granted to the board of commissioners.
33.57 History
History: 1997 a. 27.
33.58
33.58
Regulation proposed by board of commissioners. 33.58(1)(1)
Ordinances and local regulations. The board of commissioners may propose to the governing body of a river municipality the adoption, modification or rescission of any ordinance or local regulation relating to boating, recreation or safety upon the navigable waters of the Illinois Fox River basin that is located in a river municipality.
33.58(2)
(2) Minimum standards. The board of commissioners may propose to the governing body of a river municipality minimum standards for local regulations and ordinances for municipalities to protect and rehabilitate the water quality of the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
33.58 History
History: 1997 a. 27.
33.59
33.59
Implementation plan. 33.59(1)(1) The board of commissioners shall develop an implementation plan by April 1, 1998, and shall submit the plan to the department of natural resources, the county planning agency, the chairperson of the county board and the county executive of the county by April 1, 1998.
33.59(2)
(2) With regard to the Illinois Fox River basin that is located in a river municipality, the implementation plan shall include all of the following:
33.59(2)(a)
(a) A plan for, including the method of payment for, an engineering study to determine areas for selective dredging, including the dredging of selective shallow areas of the impoundment area in Waterford.
33.59(2)(b)
(b) A plan for clearing channels of fallen trees and other debris.
33.59(2)(d)
(d) A plan for operating the Waterford Dam with a winter drawdown level.
33.59(2)(e)
(e) A plan for streambank erosion protection.
33.59(2)(f)
(f) A plan for automating the Waterford Dam with upstream sensors.
33.59(2)(g)
(g) A plan for maintenance, protection and improvement of shorelines, banks and beds of navigable waters.
33.59(2)(h)
(h) A plan for access to shoreline recreational areas and facilities.
33.59(2)(i)
(i) Water safety, navigational and boating regulations.
