AB500: Bill Text

Note: This expands the scope of DNR review so that it applies to all ordinances enacted or amended under s. 30.77. The current statute applies DNR review only to ordinances regarding the equipment, use or operation of boats and only to inland lakes. This expands DNR review to apply to streams and outlying waters as well, and to any other ordinances regarding boating.

AB500,104,6 2. This paragraph does not apply to the repeal of an ordinance.

AB500,104,9 (b) Copy of ordinance to department. The local governmental unit shall submit a proposed ordinance to the department at least 60 days prior to final action on the ordinance.

AB500,104,14 (c) Report by department. The department shall prepare a report of its review. The report shall include findings regarding compliance of the ordinance with this section. If the department determines that the ordinance does not comply with this section, the report shall contain suggestions for changes that would bring the ordinance into compliance with this section.

AB500,104,16 (d) Deadline for review. The department shall complete its review within 20 days after receiving a copy of a proposed ordinance under par. (b).

AB500,104,18 (e) Distribution of report. The department shall send a copy of any report prepared under par. (c) to each local governmental unit affected by the ordinance.

AB500,105,7 (f) Modifications. If a local governmental unit modifies an ordinance following receipt of a department report under par. (c), whether or not the modification is in response to the department report, the local governmental unit shall submit the modified, proposed ordinance in final form to the department prior to enactment. The department is not required to review the modified ordinance under this subsection if the modifications relate to the subject matter of the ordinance submitted to the department under par. (b).

Note: This provision is not expressly stated in the current statute. However, it is implied by the statement in current s. 30.77 (3) (d) that local regulations must be submitted to the DNR at least 60 days prior to "final action" by the local governmental unit.

AB500,105,11 (g) Validity of ordinance. 1. An ordinance is not valid unless the local governmental unit complies with all procedural requirements imposed on local governmental units by this section and the contents of the ordinance comply with this section.

Note: This provides an express statement of the requirement for a local governmental unit to comply with procedural and substantive requirements of s. 30.77. This requirement can be reasonably implied from the language in the current statute. Ordinances must also conform to the constitutional public trust in navigable waters.

AB500,105,13 2. A department report under this subsection is advisory only and does not affect the validity of an ordinance.

Note: This provision is new. Although not expressed in the current statute, this appears to be the legal effect of DNR review. The phrase "advisory review" is used in current s. 30.77 (3) (d).

AB500,105,17 (h) Filing copies. A local governmental unit that enacts, amends, or repeals an ordinance under this section shall file a signed copy of the ordinance, amendment, or repeal with the department. The department shall retain a copy of each ordinance, amendment, or repeal submitted under this paragraph.

AB500,106,3 (11) Objection procedure. (a) Any of the following may file with the department an objection to an ordinance enacted under this section, on the grounds that any portion of the ordinance does not comply with this section:

AB500,106,4 1. A local governmental unit.

AB500,106,5 2. A qualified lake association, as defined in s. 281.68 (1) (b).

AB500,106,6 3. A nonprofit conservation organization, as defined in s. 23.0955 (1).

AB500,106,8 4. A local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

AB500,106,10 5. A nonstock corporation organized under ch. 181 whose primary purpose is to promote boating activities.

AB500,106,11 6. The department.

Note: The current statute allows an objection on the grounds that an ordinance is contrary to or inconsistent with ch. 30. The reference to all of ch. 30 does not appear to be appropriate because s. 30.77 relates only to a local authority to enact ordinances related to ss. 30.50 to 30.71. Therefore, this reference is changed to "this section" which incorporates the new definition of "state law".

The grounds for objection in current law are that the ordinance is "contrary to or inconsistent with" the statute. The proposal above allows an objection on the grounds that the ordinance "does not comply with" the statute. This expands the scope of the current grounds for objection by allowing objection based on any failure of a local governmental unit to comply with s. 30.77, such as failure to comply with procedural requirements.

The current statute allows an objection to an ordinance that applies to a river or stream on the grounds that the ordinance is "not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources". This standard sets a much lower threshold for challenging ordinances, making it much more difficult for a local governmental unit to defend the ordinance. As redrafted, the standards in this section provide sufficient guidance and limitations for protecting the public by reference to compliance with s. 30.77. Therefore, the "not necessary" standard is deleted.

AB500,107,2 (b) 1. Upon receipt of an objection under par. (a), the department shall order a hearing on the objection under ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.

AB500,107,4 2. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered.

AB500,107,7 3. If the hearing examiner finds in favor of the objecting party, the hearing examiner shall issue an order declaring the ordinance or a portion of it void and prohibiting the enforcement of the ordinance or that portion of the ordinance.

AB500,107,10 (c) The procedure under this subsection does not supersede any other legal right or procedure that a person has to contest an ordinance enacted under this section.

AB500, s. 326 Section 326. 30.771 of the statutes is created to read:

AB500,108,2 30.771 Emergency powers; local regulation of boating. (1) A sheriff may issue an emergency regulation applicable to boating on any waters of this state within the sheriff's county. The emergency regulation shall be issued in written form, and the sheriff shall include with the emergency regulation findings of fact that support the need for the emergency regulation. The emergency regulation may establish slow-no-wake zones and may prohibit boats from designated areas. The emergency regulation may not be more restrictive than is necessary to address the emergency condition. The emergency regulation shall apply for a term specified by the sheriff, not to exceed 30 days. The sheriff may reissue an emergency regulation, for a term not to exceed 30 days, upon expiration of any prior emergency regulation or reissued emergency regulation. The sheriff shall publish and post the emergency regulation in a manner likely to give notice to users of the waters of this state that are subject to the emergency regulation and may mark or require the marking of the waters subject to the regulation by regulatory markers, if appropriate for the purpose of the regulation.

AB500,108,15 (2) A city, village, or town may issue an emergency regulation in connection with a construction project in any waters of this state that are within the jurisdiction of or adjacent to the city, village, or town. The city, village, or town shall issue the emergency regulation in writing. The emergency regulation may establish a slow-no-wake zone and may prohibit boats from designated areas. The emergency regulation may not be more restrictive than is necessary to address the conditions related to the construction project. The emergency regulation shall apply for the duration of the construction project or 30 days, whichever is less. If necessary, the city, village, or town may reissue the emergency regulation upon expiration of the prior emergency regulation. The city, village, or town shall publish and post the emergency regulation in a manner likely to give notice to users of the waters of this state that are subject to the emergency regulation, and shall mark or require the marking of the waters subject to the regulation by appropriate regulatory markers.

AB500,108,18 (3) Emergency regulations under this section are not subject to the procedures in s. 30.77, except that objection may be made to emergency regulations under this section using the procedures in s. 30.77 (11).

AB500,109,5 (4) If waters subject to emergency regulations under sub. (1) or (2) are marked with regulatory markers, the sheriff or the city, village, or town shall obtain department approval of the regulatory markers. The sheriff or the city, village, or town may place the markers after obtaining department approval or, in cases requiring immediate placement of markers, the sheriff or the city, village, or town may place the markers and immediately notify the boating law administrator of the department that the emergency regulation is in effect and the markers have been placed. The department shall approve or decline to approve a regulatory marker under sub. (1) or (2) within 2 working days after receiving a request for approval from the sheriff or the city, village, or town. If the department declines to approve a regulatory marker after the sheriff or the city, village, or town has placed the marker, the 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 Section 327. 30.772 (3) (d) 4. of the statutes is amended to read:

AB500,109,8 30.772 (3) (d) 4. The provisions and procedures of ch. 68 shall apply to the grant issuance, denial, or revocation of a mooring permit by a municipality.

AB500, s. 328 Section 328. 30.772 (4) of the statutes is amended to read:

AB500,109,16 30.772 (4) Department permits. The department may issue a permit authorizing the placement or use of a mooring beyond 150 feet from the ordinary high-water mark if the municipality does not have an established permit procedure, or more than 200 feet from the ordinary high-water mark if sub. (3) (a) 5. applies. The department may place conditions or restrictions on any permit issued under this subsection. The decision of the department under this subsection is subject to the time limits in s. 30.221.

AB500, s. 329 Section 329. 30.78 (1) (intro.) of the statutes is repealed and recreated to read:

AB500,109,20 30.78 (1) Local regulation authorized. (intro.) A local governmental unit that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing, by ordinance do any of the following:

AB500, s. 330 Section 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 Section 331. 30.78 (1r) and (2) of the statutes are amended to read:

AB500,110,7 30.78 (1r) Notice to department of transportation. The department of transportation shall receive timely notice of the public hearing required under subs. sub. (1) and (1g) and shall have an opportunity to present testimony on the proposed ordinance. An ordinance under sub. (1) (b) or (1g) that regulates or restricts an area of surface waters for landing or take-off purposes shall be filed with the department of transportation.

AB500,110,10 (2) Marking of regulated or restricted areas. Any ordinance that regulates or restricts an area of surface waters under sub. (1) or (1g) shall direct that the area be marked by standard marking devices.

AB500, s. 332 Section 332. 30.78 (3) of the statutes is repealed.

AB500, s. 333 Section 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 Section 334. 30.79 (1) (b) 1. and 2. of the statutes are amended to read:

AB500,110,18 30.79 (1) (b) 1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50 to 30.80 and any rules promulgated and ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for the purpose of conducting search and rescue operations.

AB500,111,2 2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of one or more 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.

AB500, s. 335 Section 335. 30.79 (2), (3) and (4) of the statutes are amended to read:

AB500,111,8 30.79 (2) State aid. In order to protect public rights in navigable waters and to promote public health, safety, and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of ss. 30.50 to 30.80 and ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for conducting search and rescue operations is established.

AB500,111,14 (3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50 to 30.80 or any rules promulgated or ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.

AB500,112,3 (4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town city, village, or city town if the town city, village, or city town consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing ss. 30.50 to 30.80, or rules promulgated or ordinances enacted under ss. 30.50 to 30.80 s. 30.77 and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental 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 Section 336. 30.80 (2) of the statutes is amended to read:

AB500,112,8 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both. Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

Note: The stricken language duplicates s. 30.80 (2m).

AB500, s. 337 Section 337. 30.80 (3) of the statutes is amended to read:

AB500,112,13 30.80 (3) Any person violating s. 30.71 or any rule promulgated under that section shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent time within one year.

AB500, s. 338 Section 338. 30.80 (4) of the statutes is amended to read:

AB500,112,18 30.80 (4) Any person violating any provision of s. 30.72 or the rules promulgated under s. 30.72 shall forfeit not more than $100 for the first offense and shall forfeit not more than $200 upon conviction of the same offense a 2nd or subsequent 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 Section 339. 30.81 (1) of the statutes is repealed and recreated to read:

AB500,113,3 30.81 (1) Local regulation authorized. A local governmental unit that has authority to enact an ordinance under s. 30.77 (4) may, after public hearing, enact an ordinance that is not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland waters.

AB500, s. 340 Section 340. 30.81 (1m) and (2) of the statutes are repealed.

AB500, s. 341 Section 341. 30.81 (3) of the statutes is amended to read:

AB500,113,11 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 that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district local governmental unit enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.

AB500, s. 342 Section 342. 30.81 (4) of the statutes is amended to read:

AB500,113,17 30.81 (4) Enforcement. A law enforcement officer of a town, village or city local governmental unit that is subject to enacts an ordinance enacted under sub. (1) or (1m) has the powers of sheriff in enforcing the ordinance on any portion of the lake waters, whether or not that portion of the lake waters is within the jurisdiction of the town, 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 Section 343. 30.90 (title) of the statutes is amended to read:

AB500,113,19 30.90 (title) Public access to Lake Lions Lake.

AB500, s. 344 Section 344. 30.90 (1) of the statutes is amended to read:

AB500,114,3 30.90 (1) As long as Lake Lions Lake in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:

AB500,114,7 (a) Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions Lake, if the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped.

AB500,114,9 (b) The department may stock Lake Lions Lake with fish, any provision in ch. 29 to the contrary notwithstanding.

AB500, s. 345 Section 345. 30.90 (2) of the statutes is amended to read:

AB500,114,14 30.90 (2) The town board of the town of Alban shall have jurisdiction over Lake Lions Lake and may enact and enforce any ordinances necessary to prevent any deterioration of the waters of Lake Lions Lake or any nuisances that would adversely affect the public health or safety of the people.

AB500, s. 346 Section 346. Subchapter VI (title) of chapter 30 [precedes 30.94] of the statutes is created to read:

AB500,114,17 CHAPTER 30

AB500,114,19 SUBCHAPTER VI Enforcement; penalties

AB500, s. 347 Section 347. 30.96 (title) of the statutes is created to read:

AB500,114,21 30.96 (title) Infringement of public rights.

AB500, s. 348 Section 348. 30.98 (title) of the statutes is created to read:

AB500,114,23 30.98 (title) Penalties.

AB500, s. 349 Section 349. 30.98 (3) (title) of the statutes is created to read:

AB500,114,25 30.98 (3) (title) Violation of permit, contract, or order.

AB500, s. 350 Section 350. 31.03 of the statutes is amended to read: