AB1050: Bill Text

Under current law, lake districts may exist only for inland lakes that provide public access via contiguous public lands or easements. The bill allows public inland lake protection and rehabilitation districts that are formed from or that incorporate town sanitary districts to exist for inland lakes that do not provide such public access.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1050, s. 1 Section 1. 20.866 (2) (tL) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1050,3,8 20.866 (2) (tL) Natural resources; segregated revenue supported dam maintenance, repair, modification, abandonment and removal. From the capital improvement fund, a sum sufficient for the department of natural resources to provide financial assistance to counties, cities, villages, towns, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, abandonment and removal under s. 31.385. The state may contract public debt in an amount not to exceed $4,000,000 for this purpose.

AB1050, s. 2 Section 2. 20.866 (2) (tx) of the statutes is amended to read:

AB1050,3,16 20.866 (2) (tx) Natural resources; dam maintenance, repair, modification, abandonment and removal. From the capital improvement fund, a sum sufficient for the department of natural resources to provide financial assistance to counties, cities, villages, towns, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts in conducting dam maintenance, repair, modification, abandonment and removal under s. 31.385. The state may contract public debt in an amount not to exceed $5,500,000 for this purpose.

AB1050, s. 3 Section 3. 23.09 (19) of the statutes is amended to read:

AB1050,3,20 23.09 (19) (a) In this subsection, "local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.

AB1050, s. 4 Section 4. 23.094 (1) of the statutes is amended to read:

AB1050,3,24 23.094 (1) Definition. In this section, "political subdivision" means city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district.

AB1050, s. 5 Section 5. 30.275 (4) (d) of the statutes is amended to read:

AB1050,4,3 30.275 (4) (d) Provide grants to municipalities , lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).

AB1050, s. 6 Section 6. 30.50 (4q) of the statutes is created to read:

AB1050,4,8 30.50 (4q) "Lake sanitary district" means a town sanitary district that has within its boundaries at least 60% of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation district is not in effect.

AB1050, s. 7 Section 7. 30.77 (1) (intro.) of the statutes is amended to read:

AB1050,4,12 30.77 (1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to 30.71 shall be uniform in operation throughout the state. No municipality or, public inland lake protection and rehabilitation district or town sanitary district may:

AB1050, s. 8 Section 8. 30.77 (3) (am) 1m. of the statutes is created to read:

AB1050,4,19 30.77 (3) (am) 1m. A town sanitary district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake if at least 60% of the footage of shoreline of the lake is within its boundaries, if no public inland lake protection and rehabilitation district has in effect any ordinances enacted under subd. 1. for the lake and if any one of the following occurs:

AB1050,4,21 a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the town sanitary district to do so.

AB1050,4,25 b. At least 50% of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the town sanitary district to enact and enforce ordinances, and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.

AB1050, s. 9 Section 9. 30.77 (3) (am) 2. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,5,5 30.77 (3) (am) 2. An ordinance enacted under subd. 1. or 1m. may not be contrary to or inconsistent with this chapter and shall relate to the equipment, use or operation of boats or to an activity regulated by ss. 30.60 to 30.71.

AB1050, s. 10 Section 10. 30.77 (3) (am) 3m. of the statutes is created to read:

AB1050,5,10 30.77 (3) (am) 3m. If a town sanitary district enacts an ordinance under this paragraph, the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

AB1050, s. 11 Section 11. 30.77 (3) (am) 3r. of the statutes is created to read:

AB1050,5,15 30.77 (3) (am) 3r. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under subd. 1m. for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:

AB1050,5,17 a. Any conflicting provisions of a town, village or city ordinance enacted under par. (a) that are applicable to the lake.

AB1050,5,19 b. Any conflicting provisions of a town sanitary district ordinance enacted under subd. 1m. that are applicable to the lake.

AB1050, s. 12 Section 12. 30.77 (3) (am) 4. of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,6,7 30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1. or 1m., and if the recision will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under subd. 1. or 1m. or will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under subd. 1. or 1m., the lake public inland lake protection and rehabilitation district ordinances or the town sanitary district ordinances are void.

AB1050, s. 13 Section 13. 30.77 (3) (ar) of the statutes, as created by 1995 Wisconsin Act152, is renumbered 30.105 and amended to read:

AB1050,6,14 30.105 (title) Determining footage of shoreline. In determining footage of shoreline for purposes of pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am) and 60.782 (2), towns, villages, cities and lake, public inland lake protection and rehabilitation districts and town sanitary districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB1050, s. 14 Section 14. 30.77 (3) (aw) 1. of the statutes, as created by 1995 Wisconsin Act 152, is amended to read:

AB1050,6,21 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under par. (ac) 2. or a lake public inland lake protection and rehabilitation district or town sanitary district proposes to enact an ordinance for an inland lake under par. (am) 1. b. or 1m. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.

AB1050, s. 15 Section 15. 30.77 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 152, is amended to read:

AB1050,7,17 30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by a the public inland lake protection and rehabilitation district or town sanitary district to the department at least 60 days prior to final action thereon by the town, village or, city or district governing body. Advisory reports regarding town, village or, city or, lake district or town sanitary district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city or, lake district or town sanitary district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city or, lake district or town sanitary district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.

AB1050, s. 16 Section 16. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:

AB1050,7,21 30.77 (3) (e) 1. (intro.) A municipality or , a public inland lake protection and rehabilitation district or a town sanitary district that has in effect an ordinance under par. (am) may charge boat operators reasonable fees for any of the following:

AB1050, s. 17 Section 17. 30.77 (3) (e) 1. b. of the statutes is amended to read:

AB1050,7,24 30.77 (3) (e) 1. b. The municipality's or lake district's costs for operating or maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.

AB1050, s. 18 Section 18. 30.77 (3) (e) 1. c. of the statutes is amended to read:

AB1050,8,2 30.77 (3) (e) 1. c. The municipality's or lake district's costs for providing other recreational boating services.

AB1050, s. 19 Section 19. 30.78 (1g) (am) of the statutes is created to read:

AB1050,8,8 30.78 (1g) (am) A town sanitary district, after public hearing, may enact and enforce local ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the town sanitary district to do so and if no public inland lake protection and rehabilitation district has in effect ordinances enacted under par. (a) for the lake.

AB1050, s. 20 Section 20. 30.78 (1g) (b) of the statutes is amended to read:

AB1050,8,11 30.78 (1g) (b) Ordinances authorized under par. (a) or (am) are limited to the type of ordinances authorized under sub. (1) (a) to (c).

AB1050, s. 21 Section 21. 30.78 (1g) (c) of the statutes is amended to read:

AB1050,8,16 30.78 (1g) (c) If any town, village or city having jurisdiction on the a lake rescinds the a resolution adopted under par. (a) or (am) authorizing the a public inland lake protection and rehabilitation district or town sanitary district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.

AB1050, s. 22 Section 22. 30.78 (3) (am) of the statutes is created to read:

AB1050,8,20 30.78 (3) (am) 1. If a town sanitary district enacts an ordinance under sub. (1g), the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to that lake.

AB1050,8,24 2. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under sub. (1g) (am) for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:

AB1050,9,2 a. Any conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

AB1050,9,4 b. Any conflicting provisions of a town sanitary district ordinance enacted under sub. (1g) (am) that are applicable to the lake.

AB1050, s. 23 Section 23. 30.79 (1) (a) of the statutes is amended to read:

AB1050,9,7 30.79 (1) (a) "Local governmental unit" means a municipality or, a public inland lake protection and rehabilitation district or a lake sanitary district.

AB1050, s. 24 Section 24. 30.79 (1) (b) 2. of the statutes is amended to read:

AB1050,9,12 30.79 (1) (b) 2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in subd. 1.

AB1050, s. 25 Section 25. 30.81 (1m) (am) of the statutes is created to read:

AB1050,9,19 30.81 (1m) (am) A town sanitary district, in the interest of public health or safety, may enact and enforce ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the town sanitary district to do so and if no public inland lake protection and rehabilitation district has in effect ordinances enacted under par. (a) for the lake.

AB1050, s. 26 Section 26. 30.81 (1m) (b) of the statutes is amended to read:

AB1050,9,23 30.81 (1m) (b) An ordinance enacted under par. (a) or (am) must be consistent with this chapter and must relate to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland lakes.

AB1050, s. 27 Section 27. 30.81 (1m) (cm) of the statutes is created to read:

AB1050,10,4 30.81 (1m) (cm) If a town sanitary district enacts an ordinance under this subsection, the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

AB1050, s. 28 Section 28. 30.81 (1m) (cr) of the statutes is created to read:

AB1050,10,9 30.81 (1m) (cr) If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under this subsection for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:

AB1050,10,11 1. Any conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.

AB1050,10,13 2. Any conflicting provisions of a town sanitary district ordinance enacted under par. (am) that are applicable to the lake.

AB1050, s. 29 Section 29. 30.81 (1m) (d) of the statutes is amended to read:

AB1050,10,18 30.81 (1m) (d) If a town, village or city having jurisdiction on the a lake rescinds the resolution authorizing the a public inland lake protection and rehabilitation district or town sanitary district to enact and enforce ordinances under this paragraph subsection, the lake district ordinances are void.

AB1050, s. 30 Section 30. 30.81 (3) of the statutes is amended to read:

AB1050,11,2 30.81 (3) Liability of local government. All traffic on icebound, inland waters shall be at the risk of the traveler. An ordinance by any municipality or any public inland lake protection and rehabilitation district or town sanitary district that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district or town sanitary district enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.

AB1050, s. 31 Section 31. 30.92 (1) (b) of the statutes is amended to read:

AB1050,11,9 30.92 (1) (b) "Governmental unit" means the department, a municipality, a town lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State Riverway board, the Fox River management commission or any other local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

AB1050, s. 32 Section 32. 31.385 (1) of the statutes is renumbered 31.385 (1m) and amended to read:

AB1050,11,15 31.385 (1m) The department shall promulgate the rules necessary to administer a financial assistance program for municipalities and, public inland lake protection and rehabilitation districts and lake sanitary districts for dam maintenance, repair, modification, abandonment and removal.

AB1050, s. 33 Section 33. 31.385 (1d) of the statutes is created to read:

AB1050,11,18 31.385 (1d) In this section, "lake sanitary district" has the meaning given in s. 30.50 (4q).

AB1050, s. 34 Section 34. 31.385 (2) (c) 2. of the statutes is amended to read:

AB1050,11,23 31.385 (2) (c) 2. The municipality or , public inland lake protection and rehabilitation district or lake sanitary district has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.

AB1050, s. 35 Section 35. 31.385 (3) of the statutes is amended to read:

AB1050,12,5 31.385 (3) The department shall provide municipalities and, public inland lake protection and rehabilitation districts and lake sanitary districts with technical assistance in conducting dam maintenance, repair, modification, abandonment and removal. The department shall coordinate the financial assistance program under this section with other related state and federal programs.

AB1050, s. 36 Section 36. 33.001 (2) (b) of the statutes is amended to read:

AB1050,12,13 33.001 (2) (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by public inland lake protection and rehabilitation districts and the Dane county lakes and watershed commission of planning and plan implementation are necessary and desirable and that the local districts should be formed by persons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems.

AB1050, s. 37 Section 37. 33.01 (8) of the statutes is amended to read:

AB1050,12,19 33.01 (8) "Public inland lake" or "lake" means a lake, reservoir or flowage within the boundaries of the state that is accessible to the public via contiguous public lands or easements giving public access. "Lake" also includes any lake, reservoir or flowage within the boundaries of the state that is under the jurisdiction of a restructured district.

AB1050, s. 38 Section 38. 33.01 (9g) of the statutes is created to read:

AB1050,12,23 33.01 (9g) "Restructured district" means a district for a lake that results from a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under s. 33.235 (3).