AB1050, s. 7
9Section
7. 30.77 (1) (intro.) of the statutes is amended to read:
AB1050,4,1210
30.77
(1) Local regulation prohibited; exceptions. (intro.) Sections 30.50 to
1130.71 shall be uniform in operation throughout the state. No municipality
or, public
12inland lake protection and rehabilitation district
or town sanitary district may:
AB1050, s. 8
13Section
8. 30.77 (3) (am) 1m. of the statutes is created to read:
AB1050,4,1914
30.77
(3) (am) 1m. A town sanitary district may, in the interest of public health,
15safety or welfare, including the public's interest in preserving the state's natural
16resources, enact and enforce ordinances applicable to a lake if at least 60% of the
17footage of shoreline of the lake is within its boundaries, if no public inland lake
18protection and rehabilitation district has in effect any ordinances enacted under
19subd. 1. for the lake and if any one of the following occurs:
AB1050,4,2120
a. Each town, village and city having jurisdiction over the lake adopts a
21resolution authorizing the town sanitary district to do so.
AB1050,4,2522
b. At least 50% of the towns, villages and cities having jurisdiction over the lake
23adopt resolutions authorizing the town sanitary district to enact and enforce
24ordinances, and at least 60% of the footage of shoreline of the lake is within the
25boundaries of these towns, villages and cities.
AB1050,5,53
30.77
(3) (am) 2. An ordinance enacted under subd. 1.
or 1m. may not be
4contrary to or inconsistent with this chapter and shall relate to the equipment, use
5or operation of boats or to an activity regulated by ss. 30.60 to 30.71.
AB1050, s. 10
6Section
10. 30.77 (3) (am) 3m. of the statutes is created to read:
AB1050,5,107
30.77
(3) (am) 3m. If a town sanitary district enacts an ordinance under this
8paragraph, the town sanitary district ordinance supersedes all conflicting provisions
9of a town, village or city ordinance enacted under par. (a) that are applicable to the
10lake.
AB1050, s. 11
11Section
11. 30.77 (3) (am) 3r. of the statutes is created to read:
AB1050,5,1512
30.77
(3) (am) 3r. If a public inland lake protection and rehabilitation district
13is created for an inland lake after a town sanitary district has enacted ordinances
14under subd. 1m. for the lake, any ordinances enacted by the public inland lake
15protection and rehabilitation district supersede all of the following:
AB1050,5,1716
a. Any conflicting provisions of a town, village or city ordinance enacted under
17par. (a) that are applicable to the lake.
AB1050,5,1918
b. Any conflicting provisions of a town sanitary district ordinance enacted
19under subd. 1m. that are applicable to the lake.
AB1050,6,722
30.77
(3) (am) 4. If a town, village or city proposes to rescind a resolution that
23it adopted under subd. 1.
or 1m., and if the recision will result in less than 50% of the
24towns, villages or cities with jurisdiction over the lake still having in effect
25resolutions adopted under subd. 1.
or 1m. or will result in less than 60% of the footage
1of shoreline of the lake being within the boundaries of the towns, villages and cities
2with resolutions still in effect, the town, village or city proposing to rescind the
3resolution shall hold a hearing on the recision at least 30 days before the recision will
4take effect and shall give notice as required under par. (aw) 2. If, after holding the
5hearing, the town, village or city rescinds the resolution that it adopted under subd.
61.
or 1m., the
lake public inland lake protection and rehabilitation district
7ordinances
or the town sanitary district ordinances are void.
AB1050,6,14
1030.105 (title)
Determining footage of shoreline. In determining footage
11of shoreline for purposes of
pars. s. 30.50 (4q), 30.77 (3) (ac), (ae) and (am)
and 60.782
12(2), towns, villages, cities
and lake, public inland lake protection and rehabilitation 13districts and town sanitary districts shall measure by use of a map wheel on the U.S.
14geological survey 7 1/2 minute series map.
AB1050,6,2117
30.77
(3) (aw) 1. If one or more towns, villages or cities propose to enact an
18ordinance for an inland lake under par. (ac) 2. or a
lake public inland lake protection
19and rehabilitation district
or town sanitary district proposes to enact an ordinance
20for an inland lake under par. (am) 1. b.
or 1m. b., it shall hold a public hearing on the
21proposed ordinance at least 30 days before its enactment.
AB1050,7,1724
30.77
(3) (d) Ordinances pertaining to the equipment, use or operation of boats
25on inland lakes shall be subject to advisory review by the department as provided
1under this paragraph. Proposed ordinances subject to review under this paragraph
2shall be submitted by the local town, village or city clerk or by
a the public inland lake
3protection and rehabilitation district
or town sanitary district to the department at
4least 60 days prior to final action thereon by the town, village
or, city
or district 5governing body. Advisory reports regarding town, village
or, city
or, lake district
or
6town sanitary district ordinances that regulate the equipment, use or operation of
7boats on inland lakes shall be based on consideration of the effect of the ordinance
8on the state from the standpoint of uniformity and enforcement and the effect of the
9ordinance on an affected town, village, city
or, lake district
or town sanitary district 10in view of pertinent local conditions. Advisory reports shall state in what regard such
11ordinances are considered consistent or inconsistent with this chapter as to public
12health, safety or welfare, including the public's interest in preserving the state's
13natural resources, and shall be accompanied by suggested changes, if any. No later
14than 20 days after receipt by the department of proposed ordinances, the department
15shall advise the town, village, city
or, lake district
or town sanitary district in writing
16as to the results of its advisory review under this paragraph. The department shall
17address the results sent to a town, village or city to its clerk.
AB1050, s. 16
18Section
16. 30.77 (3) (e) 1. (intro.) of the statutes is amended to read:
AB1050,7,2119
30.77
(3) (e) 1. (intro.) A municipality
or
, a public inland lake protection and
20rehabilitation district
or a town sanitary district that has in effect an ordinance
21under par. (am) may charge boat operators reasonable fees for any of the following:
AB1050, s. 17
22Section
17. 30.77 (3) (e) 1. b. of the statutes is amended to read:
AB1050,7,2423
30.77
(3) (e) 1. b. The municipality's or
lake district's costs for operating or
24maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.
AB1050, s. 18
25Section
18. 30.77 (3) (e) 1. c. of the statutes is amended to read:
AB1050,8,2
130.77
(3) (e) 1. c. The municipality's or
lake district's costs for providing other
2recreational boating services.
AB1050, s. 19
3Section
19. 30.78 (1g) (am) of the statutes is created to read:
AB1050,8,84
30.78
(1g) (am) A town sanitary district, after public hearing, may enact and
5enforce local ordinances applicable to a lake entirely within its boundaries if each
6town, village and city having jurisdiction on the lake adopts a resolution authorizing
7the town sanitary district to do so and if no public inland lake protection and
8rehabilitation district has in effect ordinances enacted under par. (a) for the lake.
AB1050, s. 20
9Section
20. 30.78 (1g) (b) of the statutes is amended to read:
AB1050,8,1110
30.78
(1g) (b) Ordinances authorized under par. (a)
or (am) are limited to the
11type of ordinances authorized under sub. (1) (a) to (c).
AB1050, s. 21
12Section
21. 30.78 (1g) (c) of the statutes is amended to read:
AB1050,8,1613
30.78
(1g) (c) If any town, village or city having jurisdiction on
the a lake
14rescinds
the a resolution
adopted under par. (a) or (am) authorizing
the a public
15inland lake protection and rehabilitation district
or town sanitary district to enact
16and enforce ordinances under this paragraph, the
lake district ordinances are void.
AB1050, s. 22
17Section
22. 30.78 (3) (am) of the statutes is created to read:
AB1050,8,2018
30.78
(3) (am) 1. If a town sanitary district enacts an ordinance under sub. (1g),
19the town sanitary district ordinance supersedes all conflicting provisions of a town,
20village or city ordinance enacted under sub. (1) that are applicable to that lake.
AB1050,8,2421
2. If a public inland lake protection and rehabilitation district is created for an
22inland lake after a town sanitary district has enacted ordinances under sub. (1g) (am)
23for the lake, any ordinances enacted by the public inland lake protection and
24rehabilitation district supersede all of the following:
AB1050,9,2
1a. Any conflicting provisions of a town, village or city ordinance enacted under
2sub. (1) that are applicable to the lake.
AB1050,9,43
b. Any conflicting provisions of a town sanitary district ordinance enacted
4under sub. (1g) (am) that are applicable to the lake.
AB1050, s. 23
5Section
23. 30.79 (1) (a) of the statutes is amended to read:
AB1050,9,76
30.79
(1) (a) "Local governmental unit" means a municipality
or, a public
7inland lake protection and rehabilitation district
or a lake sanitary district.
AB1050, s. 24
8Section
24. 30.79 (1) (b) 2. of the statutes is amended to read:
AB1050,9,129
30.79
(1) (b) 2. A unit created by a public inland lake protection and
10rehabilitation district
, by a lake sanitary district or by a number of local
11governmental units riparian to a single lake, at least one of which is a lake district
12or a lake sanitary district, for the purposes specified in subd. 1.
AB1050, s. 25
13Section
25. 30.81 (1m) (am) of the statutes is created to read:
AB1050,9,1914
30.81
(1m) (am) A town sanitary district, in the interest of public health or
15safety, may enact and enforce ordinances applicable to a lake entirely within its
16boundaries if each town, village and city having jurisdiction on the lake adopts a
17resolution authorizing the town sanitary district to do so and if no public inland lake
18protection and rehabilitation district has in effect ordinances enacted under par. (a)
19for the lake.
AB1050, s. 26
20Section
26. 30.81 (1m) (b) of the statutes is amended to read:
AB1050,9,2321
30.81
(1m) (b) An ordinance enacted under par. (a)
or (am) must be consistent
22with this chapter and must relate to the use or operation of boats and other craft,
23including snowmobiles and other motor vehicles, on icebound inland lakes.
AB1050, s. 27
24Section
27. 30.81 (1m) (cm) of the statutes is created to read:
AB1050,10,4
130.81
(1m) (cm) If a town sanitary district enacts an ordinance under this
2subsection, the town sanitary district ordinance supersedes all conflicting provisions
3of a town, village or city ordinance enacted under sub. (1) that are applicable to the
4lake.
AB1050, s. 28
5Section
28. 30.81 (1m) (cr) of the statutes is created to read:
AB1050,10,96
30.81
(1m) (cr) If a public inland lake protection and rehabilitation district is
7created for an inland lake after a town sanitary district has enacted ordinances
8under this subsection for the lake, any ordinances enacted by the public inland lake
9protection and rehabilitation district supersede all of the following:
AB1050,10,1110
1. Any conflicting provisions of a town, village or city ordinance enacted under
11sub. (1) that are applicable to the lake.
AB1050,10,1312
2. Any conflicting provisions of a town sanitary district ordinance enacted
13under par. (am) that are applicable to the lake.
AB1050, s. 29
14Section
29. 30.81 (1m) (d) of the statutes is amended to read:
AB1050,10,1815
30.81
(1m) (d) If a town, village or city having jurisdiction on
the a lake rescinds
16the resolution authorizing
the a public inland lake protection and rehabilitation
17district
or town sanitary district to enact and enforce ordinances under this
18paragraph subsection, the
lake district ordinances are void.
AB1050, s. 30
19Section
30. 30.81 (3) of the statutes is amended to read:
AB1050,11,220
30.81
(3) Liability of local government. All traffic on icebound, inland waters
21shall be at the risk of the traveler. An ordinance by any municipality or any public
22inland lake protection and rehabilitation district
or town sanitary district that is
23enacted under this section permitting traffic on icebound inland waters shall not
24render the municipality or lake
district or town sanitary district enacting the
1ordinance liable for any accident to those engaged in permitted traffic while the
2ordinance is in effect.
AB1050, s. 31
3Section
31. 30.92 (1) (b) of the statutes is amended to read:
AB1050,11,94
30.92
(1) (b) "Governmental unit" means the department, a municipality, a
5town lake sanitary district, a public inland lake protection and rehabilitation district
6organized under ch. 33, the Milwaukee River revitalization council, the Lower
7Wisconsin State Riverway board, the Fox River management commission or any
8other local governmental unit, as defined in s. 66.299 (1) (a), that is established for
9the purpose of lake management.
AB1050, s. 32
10Section
32. 31.385 (1) of the statutes is renumbered 31.385 (1m) and amended
11to read:
AB1050,11,1512
31.385
(1m) The department shall promulgate the rules necessary to
13administer a financial assistance program for municipalities
and, public inland lake
14protection and rehabilitation districts
and lake sanitary districts for dam
15maintenance, repair, modification, abandonment and removal.
AB1050, s. 33
16Section
33. 31.385 (1d) of the statutes is created to read:
AB1050,11,1817
31.385
(1d) In this section, "lake sanitary district" has the meaning given in
18s. 30.50 (4q).
AB1050, s. 34
19Section
34. 31.385 (2) (c) 2. of the statutes is amended to read:
AB1050,11,2320
31.385
(2) (c) 2. The municipality
or
, public inland lake protection and
21rehabilitation district
or lake sanitary district has received directives from the
22department or is under order by the department to maintain, repair, modify, abandon
23or remove a dam on August 9, 1989.
AB1050, s. 35
24Section
35. 31.385 (3) of the statutes is amended to read:
AB1050,12,5
131.385
(3) The department shall provide municipalities
and, public inland lake
2protection and rehabilitation districts
and lake sanitary districts with technical
3assistance in conducting dam maintenance, repair, modification, abandonment and
4removal. The department shall coordinate the financial assistance program under
5this section with other related state and federal programs.
AB1050, s. 36
6Section
36. 33.001 (2) (b) of the statutes is amended to read:
AB1050,12,137
33.001
(2) (b) A state effort of research, analysis, planning and financing, and
8a local effort undertaken by
public inland lake protection and rehabilitation districts
9and the Dane county lakes and watershed commission of planning and plan
10implementation are necessary and desirable and that the
local districts should be
11formed by persons directly affected by the deteriorated condition of inland waters
12and willing to assist financially, or through other means, in remedying lake
13problems.
AB1050, s. 37
14Section
37. 33.01 (8) of the statutes is amended to read:
AB1050,12,1915
33.01
(8) "Public inland lake" or "lake" means a lake, reservoir or flowage
16within the boundaries of the state that is accessible to the public via contiguous
17public lands or easements giving public access. "
Lake" also includes any lake,
18reservoir or flowage within the boundaries of the state that is under the jurisdiction
19of a restructured district.
AB1050, s. 38
20Section
38. 33.01 (9g) of the statutes is created to read:
AB1050,12,2321
33.01
(9g) "Restructured district" means a district for a lake that results from
22a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under
23s. 33.235 (3).
AB1050, s. 39
24Section
39. 33.14 (3) of the statutes is amended to read:
AB1050,13,6
133.14
(3) Department review. Within 21 days after receipt of the proposed plan
2and applications the department shall advise the
lake district if additional
3information is needed to conduct its technical and environmental review of the
4proposal. If an environmental impact statement is required, the department shall
5complete its environmental impact review before taking final action on the proposed
6plan.
AB1050, s. 40
7Section
40. 33.21 of the statutes is amended to read:
AB1050,13,11
833.21 Public inland lake protection and rehabilitation districts;
9purposes. Public inland lake protection and rehabilitation districts Districts may
10be created for the purpose of undertaking a program of lake protection and
11rehabilitation of a lake or parts thereof within the district.
AB1050, s. 41
12Section
41. 33.22 (4) of the statutes is amended to read:
AB1050,13,1913
33.22
(4) Districts shall not exercise the town sanitary district powers
14authorized under sub. (3) within the boundaries of an incorporated municipality
15unless the governing body of the municipality consents. In addition, districts shall
16not exercise town sanitary district powers in any territory included in an existing
17town sanitary district except by contract under s. 66.30 or unless the sanitary district
18merges
into the public inland lake protection and rehabilitation district under s.
1933.235
(3).
AB1050, s. 42
20Section
42. 33.23 (1) of the statutes is amended to read:
AB1050,14,221
33.23
(1) The governing body of a municipality may by resolution establish a
22public inland lake protection and rehabilitation district if the municipality
23encompasses within its boundaries all the
lake frontage
of the public inland lake 24within this state. Except as provided under sub. (3), the governing body of the
25municipality which establishes the district shall perform the function of the board
1of commissioners.
For purposes of this subsection, "district" does not include a
2restructured district.
AB1050, s. 43
3Section
43. 33.23 (2) of the statutes is amended to read:
AB1050,14,74
33.23
(2) Establishment of
lake districts by towns under this section shall
5conform to the procedures of ss. 33.25 and 33.26 except that the town clerk shall
6perform the functions of the county clerk and the town board shall perform the
7functions of the county board and in addition shall hold the hearing.
AB1050, s. 44
8Section
44. 33.235 (title) of the statutes is amended to read:
AB1050,14,10
933.235 (title)
Conversion
Restructured districts; conversion and
10merger of town sanitary districts.
AB1050, s. 45
11Section
45. 33.235 (1) of the statutes is renumbered 33.235 (1m) and amended
12to read.
AB1050,14,2113
33.235
(1m) A town board by resolution may convert a town sanitary district
14which encompasses all the frontage of a lake within its boundaries into a
public
15inland lake protection and rehabilitation restructured district. The town sanitary
16district commissioners shall serve as the initial board of commissioners until the first
17annual meeting of the
lake restructured district, at which time the commissioners
18shall be selected under s. 33.28. Conversion shall not affect any preexisting rights
19or liabilities of the town sanitary district. All such rights or liabilities shall be
20assumed automatically by the
newly created public inland lake protection and
21rehabilitation restructured district.
AB1050, s. 46
22Section
46. 33.235 (1) of the statutes is created to read:
AB1050,14,2323
33.235
(1) In this section: