Note: The repealed provision relates to parties to a violation. An identical
provision that applies to ch. 30 in its entirety already exists in s. 30.99.
AB500, s. 205 20Section 205. 30.294 of the statutes is renumbered 30.94.
AB500, s. 206 21Section 206. 30.298 (title) of the statutes is repealed.
AB500, s. 207 22Section 207. 30.298 (1) of the statutes is renumbered 30.381 (1) and amended
23to read:
AB500,53,6
130.381 (1) General penalty. Any person who violates any provision of ss. 30.12
2to 30.21
30.095, 30.123, 30.135 to 30.20, 30.217, 30.223, 30.266, 30.276 to 30.293,
330.313, 30.355, or 30.85
for which a penalty is not provided under the applicable
4section or by sub. (2) or (3)
subs. (2) to (7) shall forfeit not less than $100 nor more
5than $10,000 for the first offense and shall forfeit not less than $500 nor more than
6$10,000 upon conviction of the same offense a 2nd or subsequent time.
AB500, s. 208 7Section 208. 30.298 (2) of the statutes is renumbered 30.381 (6).
AB500, s. 209 8Section 209. 30.298 (3) of the statutes is renumbered 30.381 (7) and amended
9to read:
AB500,53,1310 30.381 (7) General permits. Any person who violates a general permit under
11s. 30.206 30.221 shall forfeit not less than $10 nor more than $500 for the first offense
12and shall forfeit not less than $50 nor more than $500 upon conviction of the same
13offense a 2nd or subsequent time.
AB500, s. 210 14Section 210. 30.298 (4) of the statutes is renumbered 30.98 (3) and amended
15to read:
AB500,53,1816 30.98 (3) A violation of a permit, contract, or order issued under this chapter,
17or a violation of a condition or term under the permit, contract, or order,
is a violation
18of the statute under which the permit, contract, or order was issued.
AB500, s. 211 19Section 211. 30.298 (5) of the statutes is renumbered 30.381 (8) and amended
20to read:
AB500,54,221 30.381 (8) Additional orders. In addition to the any forfeitures specified under
22subs. (1) to (3), (6), and (7), the court may order the defendant to perform or refrain
23from performing such acts as may be necessary to fully protect and effectuate the
24public interest in navigable waters. The court may order abatement of a nuisance,

1restoration of a natural resource, or other appropriate action designed to eliminate
2or minimize any environmental damage caused by the defendant.
AB500, s. 212 3Section 212. Subchapter III (title) of chapter 30 [precedes 30.299] of the
4statutes is renumbered subchapter IV (title) of chapter 30 [precedes 30.4909].
AB500, s. 213 5Section 213. 30.30 of the statutes is renumbered 30.491, and 30.491 (5) and
6(7), as renumbered, are amended to read:
AB500,54,117 30.491 (5) Acquisition of land. Acquire such lands or interests therein as it
8deems necessary for properly carrying out its powers under this chapter subchapter,
9including such lands outside the municipal limits as are necessary to protect its
10property or to carry out its powers under sub. (3). Such acquisition may be by
11condemnation proceedings.
AB500,54,16 12(7) Doing of work. Contract for the doing of the work authorized by this section
13or purchase the necessary equipment for the doing of the work itself, but if the
14municipality has established a board of harbor commissioners such board shall have
15charge of the letting of contracts and shall supervise the doing of the work, except
16as provided in ss. 30.31 30.492 (1) and 30.32 30.493 (2).
AB500, s. 214 17Section 214. 30.31 of the statutes is renumbered 30.492, and 30.492 (1), (4)
18and (6), as renumbered, are amended to read:
AB500,55,419 30.492 (1) Supervision of work. In exercising the powers granted by s. 30.30
2030.491 (1) to (3), a municipality shall be governed by the law governing the laying out,
21improvement, and repair of streets and bridges in such municipality, so far as
22applicable, except that no petition of property owners for doing any such work is
23necessary. If the municipality has established a board of harbor commissioners, such
24board shall be in charge of the work unless the board determines that it is not
25equipped to supervise the work and by resolution delegates such function to the

1agency which ordinarily performs such function for the municipality. If the
2municipality does not have a board of harbor commissioners, the municipality's
3board of public works or, in the event there is no such board, the municipality's
4governing body shall be in charge of the work.
AB500,55,10 5(4) Acquisition of land. In acquiring land by condemnation for any of the
6purposes specified in this chapter subchapter, a municipality shall be governed by
7the law relating to condemnation of land for public grounds or street purposes.
8Whenever land is acquired through a land contract arrangement, such contract may
9create a lien on such lands for the purchase price and interest thereon but shall not
10create any liability therefor on the part of the municipality.
AB500,55,24 11(6) Special assessments. Special assessments for benefits to lands, when
12authorized by s. 30.30 30.491 (4), shall be made and enforced as provided by s.
1366.0703, except that at any time within the 90-day period immediately following the
14publication of the final resolution as required by s. 66.0703 (8) (d), the owner of any
15property along which such improvement is to be made may elect to make the
16improvement along the owner's property at the owner's expense in accordance with
17the approved plans and specifications or in a manner which conforms to good
18engineering practice and which provides for materials and designs which, with
19respect to strength and permanence, are at least equal to the requirements of the
20approved plans and specifications. If the owner makes the improvement at the
21owner's expense, no assessment of benefits shall be made therefor. If such owner
22fails to commence the work within the 90-day period specified herein or fails to carry
23on and complete the work with due diligence, the work may be done or completed by
24the municipality and assessment of benefits made therefor.
AB500, s. 215 25Section 215. 30.32 of the statutes is renumbered 30.493.
AB500, s. 216
1Section 216. 30.323 (title) of the statutes is created to read:
AB500,56,2 230.323 (title) Pierhead lines.
AB500, s. 217 3Section 217. 30.327 (title) of the statutes is created to read:
AB500,56,4 430.327 (title) Municipal duty to report violations.
AB500, s. 218 5Section 218. 30.33 of the statutes is renumbered 30.494.
AB500, s. 219 6Section 219. 30.34 of the statutes is renumbered 30.495, and 30.495 (1), (2),
7(3) (a) and (4), as renumbered, are amended to read:
AB500,56,138 30.495 (1) Harbor fund to be created. All municipalities operating a public
9harbor through a board of harbor commissioners shall establish in the municipal
10treasury a revolving fund to be known as the "harbor fund". Moneys for such fund
11may be raised by appropriation from the general fund or by taxation or loan as other
12moneys in the general fund are raised. Moneys in such fund may be expended only
13as provided in s. 30.38 30.498 (13).
AB500,57,2 14(2) Financing dock walls and shore protection walls. A municipality may
15pay either or both the assessable and nonaccessible parts of the cost of the
16construction, maintenance, or repair of any dock wall or shore protection wall,
17authorized by s. 30.30 30.491 (3), out of its general fund or other available funds, or
18it may finance such work through the issuance of its negotiable bonds as provided
19in ch. 67, except that it is not necessary to include such bonds in the municipal budget
20or to submit the question of their issuance to a referendum vote of the electors. The
21bonds shall be serial bonds, shall be payable at any time within 10 years, and shall
22bear interest payable either annually or semiannually as the governing body
23determines. The bonds shall be a direct obligation of the municipality and the full
24faith and credit of the municipality shall be pledged for their payment. No such
25bonds shall be issued unless at or before the time of their issuance the governing body

1levies a direct annual tax sufficient to pay the principal and interest thereon as they
2fall due.
AB500,57,9 3(3) (a) Any municipality may, with the consent of its board of harbor
4commissioners, finance the cost of acquisition, construction, alteration , or repair of
5any harbor facility by issuing evidences of indebtedness payable only out of the
6revenue obtained from the public harbor facilities. Such evidences of indebtedness
7may be revenue bonds, refunding bonds, or bond anticipation notes issued under s.
830.35 30.496 or 66.1103 or may be pledges or assignments of net profits, issued
9pursuant to s. 66.0621 (5) as if the harbor facility were a public utility.
AB500,57,15 10(4) Emergency repair fund. Any municipality having established a board of
11harbor commissioners to operate its harbor facilities may create a contingent fund
12for the purpose of permitting the secretary of the board to pay for repairs to harbor
13facilities which constitute emergency repairs within the meaning of s. 30.32 30.493
14(4). The secretary may pay for such repairs out of such fund on the secretary's
15signature alone.
AB500, s. 220 16Section 220. 30.341 (1) of the statutes is created to read:
AB500,57,1817 30.341 (1) In this section, "inland waters" has the meaning given in s. 29.001
18(45).
AB500, s. 221 19Section 221. 30.343 (title) of the statutes is created to read:
AB500,57,20 2030.343 (title) Activities of board of commissioners of public lands.
AB500, s. 222 21Section 222. 30.35 of the statutes is renumbered 30.496, and 30.496 (6), as
22renumbered, is amended to read:
AB500,58,823 30.496 (6) Bondholders and noteholders have lien. Title to all of the harbor
24facilities for which revenue bonds, refunding bonds, or bond anticipation notes are
25issued remains in the municipality, but a statutory lien exists in favor of the

1bondholders and noteholders against the facilities which have been acquired,
2constructed, altered, or remodeled and the cost of which has been financed with
3funds obtained through the issuance of such bonds and notes. To provide further
4security for the bondholders and noteholders, the ordinance or resolution
5authorizing the issuance of revenue bonds, refunding bonds, or bond anticipation
6notes may provide for a pledge of the revenues of the facilities, including, if the
7facilities are leased under sub. (6) this subsection, an assignment of all or part of the
8municipality's rights as lessor.
AB500, s. 223 9Section 223. 30.37 of the statutes is renumbered 30.497, and 30.497 (6) and
10(7), as renumbered, are amended to read:
AB500,58,2111 30.497 (6) Effect of revision on existing harbor boards. Boards of harbor
12commissioners, harbor commissions, or dock and harbor boards in existence on
13January 1, 1960, are deemed to be valid boards of harbor commissioners as if created
14pursuant to this section and are vested with all of the powers and duties conferred
15upon boards of harbor commissioners by this chapter subchapter. The members of
16such boards may continue to hold office until their terms expire, notwithstanding
17any provision of this section which would otherwise disqualify them, but
18appointments made after January 1, 1960, shall be made only in accordance with
19this section. Nothing in this subsection is intended to prevent a municipality by
20resolution from abolishing its board of harbor commissioners, harbor commission, or
21dock and harbor board.
AB500,59,4 22(7) Milwaukee County. Milwaukee County, with respect to the land ceded or
23granted to Milwaukee County as described in 1997 Wisconsin Act 70, section 3, may
24directly exercise all of the powers and perform all of the duties conferred on a board
25of harbor commissioners under ss. 30.34, 30.35 and 30.38 30.495, 30.496, and 30.498,

1but Milwaukee County may not create a board of harbor commissioners if sub. (1) (b)
2applies. Milwaukee County shall have exclusive jurisdiction over the operation,
3administration, maintenance, improvement, alteration, and repair of any marina
4facility or marina related anchorage located on this land.
AB500, s. 224 5Section 224. 30.38 of the statutes is renumbered 30.498, and 30.498 (3) and
6(13) (a) and (b), as renumbered, are amended to read:
AB500,59,117 30.498 (3) Contract procedures. In the letting of work relative to the
8construction, repair, or maintenance of a harbor or harbor facility or in the purchase
9of equipment, supplies, or materials relative to carrying out its powers and duties,
10a board of harbor commissioners shall be governed by the procedures and
11requirements set forth in s. 30.32 30.493.
AB500,59,19 12(13) (a) All moneys appropriated to a board of harbor commissioners, all
13revenues derived from the operation of the public harbor except in the case of a joint
14harbor revenue from joint improvements before division thereof, and all other
15revenues of the board shall be paid into the municipal treasury and credited to the
16harbor fund, except that revenues assigned or pledged under s. 30.35 30.496 (6) or
1766.1103 shall be paid into the fund or funds provided for in the ordinance or
18resolution authorizing the issuance of the bonds and shall be applied in accordance
19with that ordinance or resolution.
AB500,60,820 (b) Subject to the limitations and conditions otherwise expressed in this section
21and to a budget approved by the municipal governing body, moneys in the harbor
22fund may be used for the acquisition, construction, improvement, repair,
23maintenance, operation, and administration of the public harbor and harbor
24facilities and for the acquisition, chartering, and operation of vessels under sub. (8)
25(b) 3. Except as provided in s. 30.34 30.495 (4), such moneys shall be paid out of the

1harbor fund only on orders signed by the president and secretary of the board, or
2some other official authorized by the board, after the allowance of claims by the board
3or on orders entered in the minutes of the board. Disbursements from the harbor
4fund shall be audited as other municipal disbursements are audited; however, the
5board may determine on some other procedure it deems appropriate for the
6consideration of claims and the reporting thereof notwithstanding the provisions of
7this paragraph. If a procedure other than that set forth in this paragraph is
8prescribed by the board, the approval of the chief auditing officer shall be obtained.
AB500, s. 225 9Section 225. 30.381 (title) of the statutes is created to read:
AB500,60,10 1030.381 (title) Subchapter penalties.
AB500, s. 226 11Section 226. 30.381 (3) (title) of the statutes is created to read:
AB500,60,1212 30.381 (3) (title) Fishing rafts.
AB500, s. 227 13Section 227. 30.381 (4) (title) of the statutes is created to read:
AB500,60,1414 30.381 (4) (title) Structures and deposits.
AB500, s. 228 15Section 228. 30.381 (4) (b) of the statutes is created to read:
AB500,60,1916 30.381 (4) (b) Any person who, after having been found under this subsection
17to have violated s. 30.12, violates s. 30.12 shall be fined not more than $1,000 or
18imprisoned for not more than 6 months or both if the present offense occurs within
195 years after a finding under par. (a) or a conviction under this paragraph.
Note: The criminal penalty in current law for violating s. 30.12 permit
requirements is the only criminal penalty in subch. II. This provision modifies the
criminal penalty so that it applies to repeat violations. The current civil penalty
(forfeiture) in s. 30.15 (1) (d), renumbered in this bill, continues to apply to any violations
of s. 30.12.
AB500, s. 229 20Section 229. 30.381 (5) of the statutes is created to read:
AB500,61,321 30.381 (5) Wharves, piers, and swimming rafts. Any person who constructs or
22places a wharf, pier, or swimming raft in navigable waters in violation of s. 30.13

1shall forfeit not less than $100 nor more than $500 for each offense. Each day during
2which a wharf, pier, or swimming rafts exists in violation of s. 30.13 is a separate
3offense.
AB500, s. 230 4Section 230. 30.381 (6) (title) of the statutes is created to read:
AB500,61,55 30.381 (6) (title) Diversions of water; changing of stream courses.
AB500, s. 231 6Section 231. Subchapter IV (title) of chapter 30 [precedes 30.40] of the
7statutes is renumbered subchapter III (title) of chapter 30 [precedes 30.40].
AB500, s. 232 8Section 232. 30.50 (1b) of the statutes is created to read:
AB500,61,119 30.50 (1b) "Aids to navigation" means buoys, beacons, and other fixed objects
10in the water that are used to mark obstructions to navigation or to direct navigation
11through safe channels.
Note: This definition is moved here from current s. 30.74 (2) (b).
AB500, s. 233 12Section 233. 30.50 (2) of the statutes is renumbered 30.01 (1bm) and amended
13to read:
AB500,61,1614 30.01 (1bm) "Boat" or "vessel" means every description of watercraft used or
15capable of being used as a means of transportation on water, except a seaplane on the
16water and a fishing raft.
Note: The definition of "boat" and "vessel" are relocated to the definitions
applicable to the entire chapter.
AB500, s. 234 17Section 234. 30.50 (4q) of the statutes is amended to read:
AB500,61,2218 30.50 (4q) "Lake sanitary district" means a town sanitary district that has
19within its boundaries at least 60% of the footage of shoreline of a public inland lake,
20as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation
21district is not in effect. The footage of shoreline shall be measured by use of a map
22wheel on the U.S. geological survey 7 1/2 minute series map.

Note: The current statutes provide for the determination of shoreline footage in
s. 30.105. Section 30.105 is replicated in the 3 statutes where measurement of shoreline
footage is specified.
AB500, s. 235 1Section 235. 30.50 (4u) of the statutes is created to read:
AB500,62,32 30.50 (4u) "Local governmental unit" means a city, village, town, county, town
3sanitary district, or public inland lake protection and rehabilitation district.
AB500, s. 236 4Section 236. 30.50 (9) of the statutes is amended to read:
AB500,62,75 30.50 (9) "Owner" Except as provided in s. 30.605, "owner" means the person
6who has lawful possession of a boat by virtue of legal title or equitable interest
7therein which entitles the person to lawful possession.
AB500, s. 237 8Section 237. 30.50 (9b) of the statutes is created to read:
AB500,62,129 30.50 (9b) "Patrol boat" means a boat authorized by this state or by a local
10governmental unit for the purpose of law enforcement, search and rescue, fire
11fighting, emergency response, or water safety operations, including a water safety
12patrol unit.
Note: "Patrol boat" is defined here and used consistently in subch. V in statutes
related to the equipment and operation of such boats.
AB500, s. 238 13Section 238. 30.50 (10g) of the statutes is created to read:
AB500,62,1714 30.50 (10g) "Regulatory marker" means any anchored or fixed marker in the
15water or anchored platform on the surface of the water, other than aids to navigation,
16and includes a swimming area marker, speed zone marker, information marker,
17mooring buoy, fishing buoy, and restricted activity area marker.
Note: This definition is moved here from current s. 30.74 (2) (b).
AB500, s. 239 18Section 239. 30.50 (13r) of the statutes is created to read:
AB500,62,2119 30.50 (13r) "Water skiing or a similar activity" means any activity in which a
20person is towed in the water behind or alongside of a boat, including barefoot skiing,
21aquaplaning, kneeboarding, or being towed on an inflatable device.

Note: This clarifies the use of the term "water skiing or a similar activity". The
list of activities after "including" is not meant to be exclusive. This definition is intended
to apply to other similar activities that are currently enjoyed on the water, or that may
be developed and introduced in the future.
AB500, s. 240 1Section 240. 30.5005 of the statutes is created to read:
AB500,63,5 230.5005 Department duties and powers. (1) Federal law. The department
3shall submit proposed legislation to the legislature in the manner provided under s.
413.172 (2) in order to conform the requirements under ss. 30.50 to 30.71 with federal
5statutes and regulations.
Note: This provision directs the department to suggest new legislation to keep
statutory boat registration, equipment and operation requirements in conformity with
federal regulations. Current statutes specifically requiring conformity with federal
regulations [ss. 30.501 (8), 30.505, 30.61 (9), 30.62 (9) and 30.67 (2) (a)] are amended or
repealed. The special committee does not intend by this new procedure to withdraw the
statutory authority for any rules promulgated by the DNR that adopt federal statutes or
regulations, whether wholly or in part.
AB500,63,8 6(2) Rules; generally. The department may promulgate rules under this
7subchapter. Any reference to a provision of this subchapter includes any rule
8promulgated under that provision.
Note: The first sentence of sub. (2), above, restates the authority of the DNR to
promulgate rules. This bill eliminates various statutes that grant permissive
rule-making authority in subch. V. The 2nd sentence in sub. (2), above, eliminates the
need for several instances of the phrase in the form, "this section, or rules promulgated
under this section", and applies that principle to all rules promulgated under subch. V.
In addition, it should be noted that DNR has emergency rule-making authority under s.
227.24.
AB500, s. 241 9Section 241. 30.501 (8) of the statutes is repealed.
Note: Current s. 30.501 (8) authorizes the DNR to promulgate rules regarding
boat capacity plates, and requires the rules to conform with appropriate federal
regulations. This provision is repealed for several reasons. First, the authorization to
promulgate regulations is stated generally for all of subch. V in new s. 30.5005 (1) (b).
Second, it is not necessary to state that the rules must comply with federal regulations.
Third, if there is an issue regarding the consistency of statutes with federal regulations,
that is a matter for the legislature, and not for DNR rules.
AB500, s. 242 10Section 242. 30.501 (9) of the statutes is amended to read:
AB500,64,211 30.501 (9) This section applies to vessels manufactured after January 1, 1966
12and
prior to November 1, 1972. All vessels manufactured on or after November 1,

11972, shall comply with appropriate federal regulations and the capacity
2information shall be displayed as required.
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