LRB-3565/3
MGG:kjf:jf
2005 - 2006 LEGISLATURE
January 17, 2006 - Introduced by Representative Albers. Referred to Committee
on Natural Resources.
AB923,1,3 1An Act to renumber 167.26 (1); to amend 167.26 (1m), 167.26 (2) and 167.26
2(3); and to create 167.26 (1b) and 167.26 (2m) of the statutes; relating to:
3warning methods for ice holes in lakes and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a person who creates an ice hole in a lake by aeration of
water must either place around the hole a fence made either of fence board or of
plastic roll fencing or a barricade consisting of uprights and a continuous rope or
similar material.
This bill allows public inland lake protection and rehabilitation districts (lake
districts) and certain nonprofit membership corporations organized in the state that
create ice holes in lakes by aerating water to use warning methods other than the
ones described above if they comply with rules and requirements established by the
Department of Natural Resources (DNR). These alternative warning methods are
allowed only if an ice hole is being created for the water quality project that has been
approved by DNR. Water quality projects may include projects that improve fish
habitats or that reduce detrimental aquatic plants. The lake district or organization
creating the ice hole must give public notice to the area most likely to be affected by
the placement of the ice hole. The methods established by DNR rule for giving such
notice include public notices in newspapers or on television or radio, notices posted
at access sites on the lake, and notices mailed to each lake district property owner
or to each member of the corporation creating the ice hole. DNR specifies one or more
methods of notice that must be given for each ice hole created.

For further information see the state 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:
AB923, s. 1 1Section 1. 167.26 (1) of the statutes is renumbered 167.26 (1g).
AB923, s. 2 2Section 2. 167.26 (1b) of the statutes is created to read:
AB923,2,33 167.26 (1b) In this section:
AB923,2,54 (a) Nonprofit membership corporation" means a corporation as described in s.
5779.70 (1).
AB923,2,86 (b) Water quality project" means a project that improves water quality,
7including a project that improves fish habitat or the quality of water in a fish
8hatchery, or that reduces the presence of detrimental aquatic plants.
AB923, s. 3 9Section 3. 167.26 (1m) of the statutes is amended to read:
AB923,2,1510 167.26 (1m) Instead of the requirements under sub. (1) (1g), any person who
11removes ice or causes its removal from Lake Butte des Morts, Lake Poygan, Lake
12Winnebago or Lake Winneconne for the spearing of sturgeon may mark the opening
13made by the removal without using fencing if the person uses at least 2 strips of wood
14that protrude at least 3 feet above the surface of the ice. The strips of wood may not
15exceed approximately 1.5 inches in width and approximately 0.25 inch in thickness.
AB923, s. 4 16Section 4. 167.26 (2) of the statutes is amended to read:
AB923,3,517 167.26 (2) Any Instead of the requirements under sub. (1g), any person
18creating ice holes by aeration of water may, in lieu of the requirements of sub. (1),
19erect and maintain a barricade around such holes consisting of uprights spaced every
2025 feet or less, connected by a continuous rope, cord or similar material placed 3 1/2
21feet off the surface of the ice. The connecting rope, cord or similar material shall have

1reflectorized ribbon or tape or other reflectorized devices attached to it, so as to be
2highly visible, and shall be of sufficient strength to permit retrieval of the barricade
3following melting of the ice. Any person erecting such barricade shall remove the
4barricade and all parts thereof from the ice or water immediately after the ice has
5melted.
AB923, s. 5 6Section 5. 167.26 (2m) of the statutes is created to read:
AB923,3,127 167.26 (2m) (a) Instead of the requirements under subs. (1g) and (2), any public
8inland lake protection and rehabilitation district or any nonprofit membership
9corporation that is creating an ice hole by aeration of water on a lake for purposes
10of a water quality project that has been approved by the department of natural
11resources may use alternative warning methods that comply with the rules
12promulgated under pars. (b) and (c).
AB923,3,1613 (b) The department of natural resources shall promulgate rules specifying the
14types of warning methods that may be used under par. (a). The warning methods
15shall allow for the use of high visibility methods and structures or items that are
16easily recovered after the ice has melted.
AB923,3,2017 (c) The department of natural resources shall promulgate rules specifying the
18methods of notice that a public inland lake protection and rehabilitation district or
19any nonprofit membership corporation may use to warn the public as to the location
20of an ice hole on a given lake. The methods of notice shall include the following:
AB923,3,2321 1. Publishing one or more notices describing the location of the ice hole in the
22newspaper most likely to give notice to the area to be affected by the creation of the
23ice hole.
AB923,3,2524 2. Broadcasting public service announcements on local television or radio in the
25area most likely to be affected by the creation of the ice hole.
AB923,4,2
13. Posting notices at public access sites on the lake for which the ice hole is
2created.
AB923,4,53 4. Mailing written notices to each owner of property within the public inland
4lake protection and rehabilitation district or to each member of the nonprofit
5membership corporation that is creating the ice hole.
AB923,4,86 (d) The rules shall require that the notices described under par. (b) 1. and 2.
7be published or broadcasted periodically throughout the time when the lake is
8icebound.
AB923,4,129 (e) For each ice hole created under this subsection, the department of natural
10resources shall specify one or more of the methods of notice promulgated under par.
11(c) that the public inland lake protection and rehabilitation district or nonprofit
12membership corporation must use in order to provide effective warnings.
AB923, s. 6 13Section 6. 167.26 (3) of the statutes is amended to read:
AB923,4,1814 167.26 (3) Persons barricading or marking ice holes in the manner specified in
15this section shall not be liable for damages suffered by persons who enter the any
16injury to or death of any person or damage to any property that results from creating
17an ice hole that is
barricaded or marked area in a manner authorized under this
18section
.
AB923,4,1919 (End)
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