AB500: Bill Text

Note: See the exception for patrol boat operators in s. 30.68 (14), as renumbered from s. 30.64.

AB500, s. 318 Section 318. 30.73 (4) of the statutes is repealed.

Note: Section 30.73 pertains to use regulations on the Brule River. Subsection (4) establishes a penalty by cross-reference to s. 30.80 (1). However, that cross-reference is unnecessary because s. 30.80 (1) provides that it establishes penalties for violation of ss. 30.50 to 30.80 for which a specific penalty is not provided elsewhere.

AB500, s. 319 Section 319. 30.735 of the statutes is created to read:

AB500,92,2 30.735 Tampering with navigation aids or regulatory markers. No unauthorized person may move, remove, molest, tamper with, destroy, or attempt to destroy any aid to navigation or regulatory marker, sign, or other device established and maintained to aid boaters.

Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.

AB500, s. 320 Section 320. 30.74 (1) (c) and (d) of the statutes are amended to read:

AB500,92,7 30.74 (1) (c) A valid certificate issued by another state, as defined in s. 115.46 (2) (f), or a province of Canada or the Canadian government that is held by a person will shall be honored if the course content substantially meets that established by the department.

Note: Canadian provinces no longer issue boating safety certificates. This is done by the Canadian government.

AB500,92,10 (d) The department shall also prepare and disseminate information on water safety to the public, including the informational pamphlets specified in s. 30.52 (5) (a) 4. and (b) 3.

AB500, s. 321 Section 321. 30.74 (2) (a) of the statutes is amended to read:

AB500,92,17 30.74 (2) (a) The department by rule shall establish uniform marking of the water areas waters of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard.

AB500,92,23 (bm) No municipality local governmental unit that enacts an ordinance under s. 30.77 or person may mark the waters of this state in any manner in conflict with the marking system prescribed established by the department under par. (a). Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law under s. 30.95.

AB500,93,4 (c) The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this the marking system established by the department under par. (a) and if it is being placed pursuant to an ordinance that has been enacted in compliance with under s. 30.77.

Note: The advisory panel is obsolete.

AB500, s. 322 Section 322. 30.74 (2) (b) of the statutes is repealed.

Note: The definitions of these terms are deleted here and recreated as definitions in s. 30.50.

AB500, s. 323 Section 323. 30.74 (3) of the statutes is amended to read:

AB500,93,13 30.74 (3) Enforcement. The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith. The department may maintain patrol boats and may operate such the patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws. An ordinance enacted under s. 30.77 does not apply to a patrol boat operated by the department if the patrol boat is engaged in a law enforcement activity.

Note: This allows wardens to more effectively patrol lakes and streams, primarily by avoiding the need to comply with extensive slow-no-wake ordinances.

AB500, s. 324 Section 324. 30.742 of the statutes is renumbered 30.5005 (3).

AB500, s. 325 Section 325. 30.77 of the statutes is repealed and recreated to read:

AB500,93,16 30.77 Local regulation of boating. (1) Definitions. In this section:

AB500,93,18 (a) "Footage of shoreline" means the length of shoreline in feet measured by use of a map wheel on the U.S. geological survey 7 1/2 minute map series.

AB500,93,20 (b) "State law" means this section, ss. 30.50 to 30.71, and those penalties under s. 30.80 that apply to ss. 30.50 to 30.71.

Note: Section 30.5005 (1) (b), as created by this bill, provides that a reference to a statute in any of the boating statutes also includes the rules promulgated under that statute. Thus, "state laws" includes DNR boating rules.

AB500,94,5 (2) Local regulation prohibited; exception. State laws shall be uniform in operation throughout the state. No local governmental unit may enact an ordinance on any matter pertaining to a state law except as provided under this section, or as provided under another statute that, by its express terms, and, notwithstanding this section, authorizes enactment of an ordinance by a local governmental unit.

Note: This first part of this subsection restates current law. See current s. 30.77 (1). The purpose of this provision is to establish the policy that state boating laws are intended to be uniform, and that the authorization of local regulation is within the context of this uniformity.

The provision regarding statutory authority other than s. 30.77 is new and states expressly what is the apparent intent of s. 30.77, that this statute is the exclusive authority for local regulation of boating equipment and operations, as well as other matters subject to regulation under this section, unless specific authority is provided elsewhere in the statutes.

AB500,94,9 (3) Duties of the department. (a) Assistance. The department shall draft and disseminate model ordinances that meet the requirements of this section. The department shall consult with and assist local governmental units in enacting and enforcing ordinances that meet the requirements of this section.

Note: This provision creates a new requirement that DNR must prepare model ordinances and assist local governmental units in enforcing ordinances enacted by those governmental units.

AB500,94,11 (b) Review of ordinances. The department shall review ordinances as provided under sub. (10).

AB500,94,15 (4) Jurisdiction of certain local governmental units. (a) Cities, villages, and towns. 1. A city, village, or town that has the entire shoreline of an inland lake within the boundaries of the city, village, or town may enact ordinances applicable to that lake.

AB500,94,18 2. A city, village, or town that has both banks of a stream within the boundaries of the city, village, or town may enact ordinances applicable to that portion of the stream that is within the boundaries of the city, village, or town.

Note: The current statute authorizes a town, village, or city to enact ordinances applicable to both lakes and streams "within its jurisdiction". With respect to streams, the current statute does not clearly define the jurisdiction of a town, village, or city. This bill authorizes the town, village, or city to enact ordinances applicable to streams within its boundaries (i.e., the town, village, or city has territory on both banks of the stream). A later provision, in sub. (4) (e), provides that a town, village, or city that is adjacent to a stream may enact ordinances if the town, village, or city that is also adjacent to the stream (i.e., on the opposite shore) enacts the identical ordinance.

AB500,95,7 3. Notwithstanding pars. (b) 1. to 3. or (c) to (e), a city, village, or town may enact ordinances applicable to waters of this state that pertain to issues of local concern to that city, village, or town, as specified in sub. (5) (h). If there is a disagreement among local governmental units regarding the content of an ordinance enacted under this subdivision, or the priority of an ordinance enacted under this subdivision, as provided in sub. (7) (c), the matter may be submitted to the department for a determination.

Note: This provision is new. It authorizes ordinances that are of concern only to an individual town, village, or city. The provisions regarding priority of local governmental unit authority in sub. (7) (c) make it clear that a town, village, or city ordinance related only to local issues supersedes inconsistent provisions of any other ordinance applicable to the same body of water. The scope of these ordinances of local concern is limited by sub. (5) (h).

AB500,95,9 (b) Counties. 1. A county that has both banks of a stream within the county boundaries may enact ordinances applicable to that portion of the stream.

Note: "Stream" is used instead of "river or stream", which is used in the current statute. There is not a substantive distinction between these 2 terms.

AB500,95,11 2. A county that has the entire shore of an inland lake within the county boundaries may enact ordinances applicable to that lake.

AB500,95,13 2g. A county ordinance enacted under subd. 2. is void if the ordinance is enacted with respect to a lake for which an ordinance is enacted under par. (a) 1., (c), or (d).

AB500,95,16 2r. A county ordinance enacted under subd. 2 with respect to a lake for which an ordinance has not been enacted under par. (a) 1., (c), or (d) is void if any of the following applies:

AB500,96,3 a. The entire shoreline of the lake is within the boundaries of a city, village, or town that adopts a resolution declaring the county ordinance void, and the city, village, or town files a copy of the resolution with the department.

AB500,96,8 b. At least 50 percent of the cities, villages, or towns with a portion of the shoreline of the lake within the boundaries of the city, village, or town adopt a resolution declaring the county ordinance void, a copy of the resolution is filed with the department, and at least 40 percent of the footage of shoreline of the lake is within the boundaries of those cities, villages, or towns.

Note: This provision is new. Counties have authority under the current statutes to enact ordinances related only to streams and county marina developments. This bill gives counties the authority to enact ordinances related to an inland lake if the entire shore of the inland lake is within the county boundaries. The county is not required to obtain authorization from the towns, villages, or cities bordering the lake. A county is not required to enact ordinances for all lakes, but rather may determine which lakes within the county merit regulation. Although not stated in the bill, it is obvious that one or more towns, villages, or cities bordering the lake may request the county to enact an ordinance.

Under the current statute, the primary authority to enact boating regulations, or to delegate authority to enact boating regulations, rests with the towns, villages, and cities. Although counties are given authority in this bill to enact boating ordinances, the preeminent authority of towns, villages, and cities is retained. If a town, village, or city enacts an ordinance applicable to a lake or adopts a resolution declaring the county ordinance void, the county ordinance is void with respect to that lake. Similarly, the towns, villages, or cities with concurrent jurisdiction of a lake may adopt a resolution declaring the county ordinance void, if the requisite number of municipalities do so, as provided in this bill. Finally, a town sanitary district or lake district that enacts an ordinance pursuant to authority granted by the towns, villages, or cities bordering a lake renders the county ordinance on that lake void.

AB500,96,10 3. A county may enact ordinances applicable to outlying waters that are contiguous to the county.

Note: The current statute authorizes a town, village, or city to enact ordinances applicable to "waters of this state within its jurisdiction". Municipal jurisdiction of outlying waters is determined by the municipal charter. It appears that there is some variability in jurisdiction, with the jurisdiction of some municipalities ending at the water's edge and others extending into the Great Lakes for varying distances. It does not appear that there is substantial reason for towns, villages, or cities to adopt boating regulations on the Great Lakes other than in the near-shore areas. Therefore, this bill provides that counties may enact ordinances applicable to outlying waters. Towns, villages, and cities have authority in sub. (4) (a) 3. to enact ordinances of local concern on outlying waters, whether or not the county has adopted ordinances on those waters.

AB500,97,3 4. A county that operates a marina development adjacent to waters of this state may enact ordinances that relate to the development, operation, and use of the marina and the waters adjoining the marina.

AB500,97,7 (c) Multiple cities, villages, and towns; inland lakes. A city, village, or town may enact ordinances applicable to an inland lake if the city, village, or town has a portion of the shoreline of the lake within the boundaries of the city, village, or town and all of the following apply:

AB500,97,9 1. At least 50 percent of the cities, villages, or towns with a portion of shoreline of the lake within their boundaries enact an identical ordinance.

AB500,97,11 2. At least 60 percent of the footage of shoreline of the lake is within the boundaries of the cities, villages, and towns that enact an identical ordinance.

AB500,97,16 (d) Town sanitary district or lake district. A town sanitary district or public inland lake protection and rehabilitation district may enact ordinances applicable to an inland lake if at least 60 percent of the footage of the shoreline of the lake is within the town sanitary district or public inland lake protection and rehabilitation district boundary and all of the following apply:

AB500,97,20 1. At least 50 percent of the cities, villages, or towns with a portion of the shoreline of the lake within their boundaries adopt a resolution authorizing the town sanitary district or public inland lake protection and rehabilitation district to enact the ordinance.

AB500,97,22 2. At least 60 percent of the footage of shoreline of the lake is within the boundaries of the cities, villages, and towns that adopt the resolution.

AB500,98,2 (e) Multiple cities, villages, towns, and counties; streams. 1. A city, village, or town that is contiguous to a stream may enact ordinances applicable to any portion of the stream if each city, village, or town that is contiguous to that portion of the stream on the opposite bank enacts an identical ordinance.

AB500,98,5 2. A county that is contiguous to a stream may enact ordinances applicable to any portion of the contiguous stream if each county that is contiguous to that portion of the stream on the opposite bank enacts an identical ordinance.

Note: The current statute does not distinguish between streams within and streams contiguous to a county, town, village, or city. This bill makes that distinction, and requires identical ordinances in the latter case. (The requirement to adopt an identical ordinance is determined by the portion of the stream to which the ordinance applies.)

It should also be noted that the requirement for adopting identical ordinances with respect to a stream that is contiguous to a town, village, or city does not apply to the provision of this bill related to ordinances regarding local issues of concern only to the town, village, or city. See sub. (4) (a) 3., above.

AB500,98,8 (5) Strict conformity and consistency; prohibitions. (a) Ordinances authorized. A local governmental unit may enact and enforce ordinances as provided under this subsection.

Note: The current statute, in several instances, authorizes a local governmental unit "to enact and enforce" ordinances. This phrase is not used consistently, and a number of other authorizations in the current statute refer only to "enacting" ordinances. Ordinarily, authority to enforce an ordinance would be implied by the authority to enact an ordinance. However, the jurisdiction of many local governmental units ends at the water's edge, and the authority to enact ordinances under s. 30.77 is extraterritorial is some cases. This bill retains "enforce" with respect to ordinances in this general grant of authority to enact ordinances. The authority to enforce ordinances is intended to apply to any waters of the state for which the local governmental unit is authorized to enact ordinances.

AB500,98,11 (b) Strict conformity required. Ordinances that relate to the subject matter encompassed by ss. 30.61, 30.62, 30.65, 30.67, 30.675, 30.68 (3m) (a) and (b) and (14), 30.681 to 30.687, and 30.71 shall be in strict conformity with these statutes.

Note: The current statutes provide that an ordinance may either be in strict conformity with or "not contrary to or inconsistent with" state law. The current statutes further provide that an ordinance which is "not contrary to or inconsistent with" state law must relate to "the equipment, use, or operation of boats or to any activity regulated by ss. 30.60 to 30.77". The current statute does not provide sufficient guidance to determine which state laws require strict conformity, and which ones require consistency in the corresponding ordinances. Therefore, this bill simply lists the statutes that require strict conformity in ordinances on the same subject. Any statute that meets the definition of a "state law" in this bill, and is not on this list, requires consistency in a corresponding ordinance, but may also be in strict conformity with the state law.

AB500,99,3 (c) Ordinances consistent with state law. Except for a state law that requires strict conformity under par. (b), every ordinance enacted by a local governmental unit under this section shall be consistent with state law if all of the following apply:

AB500,99,5 1. The ordinance is in the interest of public health, safety, or welfare, including the public's interest in preserving the state's natural resources.

AB500,99,7 2. The ordinance relates either to the equipment, use, or operation of boats or to any activity subject to a state law.

Note: Current s. 30.77 authorizes certain ordinances that are "not contrary to or inconsistent with" state law. "Consistent with" is substituted for that phrase in this bill. There does not appear to be any substantive difference between these phrases. "Consistent with" is used in the interest of clarity, without intending any change in the standard for ordinances.

AB500,99,14 (d) Standards for consistency. An ordinance is consistent with state law even if it varies from the specific provisions of state law if the ordinance achieves the same general objective as state law, allows free use of the waters of this state within the framework established by state law, and is a reasonable restriction on public rights in waters of this state. An ordinance that meets the standards for consistency in this paragraph is not inconsistent with state law solely because the ordinance establishes standards that are more restrictive than the state law.

Note: This provision creates standards regarding what is meant by "consistency" between ordinances and state law. The effect of this statutory standard is to create a framework for the DNR to make comments on the issue of consistency in its advisory review under sub. (10) in this bill, and to guide the decision of the hearing examiner under the objection procedures in sub. (11) of this bill.

The special committee recognizes that it is difficult to draft statutory standards regarding consistency that draw a clear line between ordinances that are consistent and ordinances that are not consistent with state law. The new statutory standards are intended to aid in the discussion and adjudication of these issues.

AB500,99,17 (e) Considerations in enacting ordinances. In enacting an ordinance for an individual body of water, a local governmental unit may take into account factors that include the following:

AB500,100,2 1. The type, size, shape, and depth of the body of water and any features of special environmental significance that the body of water has.

AB500,100,4 2. The amount, type, and speed of boating traffic on the body of water and boating safety and congestion.

AB500,100,7 3. The degree to which boating traffic on the body of water affects other recreational uses and the public's health, safety, and welfare, including the public's interest in preserving the state's natural resources.

AB500,100,9 (f) Specific ordinances authorized. Ordinances that require consistency under par. (c) include those that relate to any of the following:

AB500,100,10 1. Restrictions on speed.

AB500,100,12 2. Restrictions on certain types of boating activities on all, or on specified parts, of the lake or stream.

AB500,100,14 3. Restrictions on certain types of boating activities during specified hours of the day or specified days of the week.

AB500,100,17 4. The operation, equipment, use, and inspection of boats carrying passengers for hire that operate from a base within the jurisdiction of the local governmental unit, including the regulation of reasonable fees for the inspection of such boats.

AB500,100,19 5. Reasonable fees for using a public boat launching facility that the local governmental unit owns or operates.

AB500,100,21 6. Reasonable fees for the local governmental unit's costs for operating or maintaining a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.

AB500,100,23 7. Reasonable fees for the local governmental unit's costs of providing other recreational boating services.

Note: The provision regarding fees for "other recreational boating services" retains current law. The special committee discussed the possibility of repealing or modifying this provision, but decided against making changes. The special committee acknowledges that although the current statute authorizes "reasonable" fees, a fee related to boating that might be reasonable for purposes of the police power may nevertheless exceed the bounds of the public trust in navigable waters under article IX, section 1, of the Wisconsin constitution. However, the special committee concluded that local governments should have the opportunity to impose reasonable fees that do not violate the public trust, and that the statute should continue to allow this.

AB500,101,2 (g) Prohibitions. 1. An ordinance may not require numbering, registration, or licensing of boats.

AB500,101,4 2. An ordinance may not charge a fee for inspection of boats, except as provided in par. (f) 4.

AB500,101,8 (h) Cities, villages, and towns; issues of local concern. A city, village, or town may enact ordinances under sub. (4) (a) 3. that relate only to establishing slow-no-wake zones and prohibiting boats from designated areas and that apply only within the following areas:

AB500,101,9 1. A mooring area designated under s. 30.773 by the city, village, or town.

AB500,101,11 2. A bridge, dam, channel, canal, or other similar hazard to navigation that is within the corporate limits of the city, village, or town.

AB500,101,14 3. Any construction project that requires a permit under subch. II or ch. 31 and either is undertaken by the city, village, or town or is within the corporate limits of the city, village, or town.