30.275(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.275(3)(b)
(b) Consult with other state agencies and planning committees and organizations.
30.275(3)(c)
(c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
30.275(3)(e)
(e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.275(3)(g)
(g) Develop the Wisconsin Fox River scenic urban waterway, as designated in
sub. (2), as a historic and recreational site.
30.275(4)
(4) Department authority. The department in connection with scenic urban waterways may:
30.275(4)(a)
(a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
30.275(4)(c)
(c) Undertake projects to improve surface water quality and surface water flow.
30.275(4)(d)
(d) Provide grants to municipalities, lake sanitary districts, as defined in
s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under
pars. (a) to
(c).
30.275(5)
(5) Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
30.277
30.277
Urban rivers grant program. 30.277(1)
(1)
Funding. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, from the appropriation under
s. 20.866 (2) (tz), the department shall award grants to municipalities to assist municipalities in projects on or adjacent to rivers that flow through urban areas. For each fiscal year, except as provided in
s. 23.0915 (1r) (c), the department shall designate for expenditure $1,900,000 for grants under this section and for grants under
s. 23.096 for the purposes under
sub. (2) (a).
30.277(2)(a)(a) Grants awarded under this section shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.
30.277(2)(b)
(b) A grant awarded to a municipality under this section may be used to acquire land. For purposes of this paragraph, "land" includes rights in land.
30.277(3)
(3) Criteria for grants. The department shall consider all of the following criteria in awarding grants for projects under this section:
30.277(3)(a)
(a) The extent to which diverse outdoor recreational opportunities will be made available to all segments of the population.
30.277(3)(b)
(b) The extent of preservation or restoration, under the project, of an urban riverfront.
30.277(3)(d)
(d) The project's potential for increasing tourism.
30.277(3)(e)
(e) Whether significant planning has occurred in the municipality prior to its request for a grant under this section.
30.277(3)(f)
(f) The level of support for the project demonstrated by the municipality, including financial support.
30.277(3)(g)
(g) Whether the project involves a joint effort by 2 or more municipalities.
30.277(3)(h)
(h) The potential benefits of the project to the overall economy of the municipality.
30.277(3)(i)
(i) The extent to which the project preserves or highlights an area with significant historical or cultural value.
30.277(3)(j)
(j) The extent to which access by the public to the riverfront will be improved.
30.277(4)
(4) Cap on grants. No municipality may receive in any fiscal year more than 20% of the funds that are available for grants under this section.
30.277(5)
(5) Contribution by municipality. To be eligible for a grant under this section, at least 50% of the cost of the project shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under
s. 20.370 or money appropriated under
s. 20.866 (2) (tp) to
(tw),
(ty) or
(tz).
30.277(6)
(6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under
sub. (3) and the minimum number of criteria under
sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant.
30.277(7)
(7) Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
30.277 History
History: 1991 a. 269;
1993 a. 16,
343.
30.28
30.28
Fees for permits, approvals, determinations and hearings. 30.28(1)(1)
Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under
ss. 30.10 to
30.205 and
30.21 to
30.27. The permit or approval fee shall accompany the permit application or request for approval.
30.28(2)(a)(a) For fees charged for permits and approvals under
ss. 30.10 to
30.205 and
30.21 to
30.27, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
30.28(2)(a)1.
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
30.28(2)(a)2.
2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
30.28(2)(a)3.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
30.28(2)(c)
(c) For conducting a hearing on an application for which notice is provided under
s. 30.02 (3), the person requesting the hearing shall pay a fee of $25.
30.28(2m)(a)(a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.
30.28(2m)(b)
(b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
30.28(2m)(c)
(c) If more than one fee under
sub. (2) (a) or
s. 31.39 (2) (a) or
281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
30.28(2m)(d)
(d) The department, by rule, may increase any fee specified in
sub. (2).
30.28(3)(a)(a) This section does not apply to projects funded in whole or in part by any federal agency or state agency.
30.29
30.29
Operation of motor vehicles in waters prohibited. 30.29(1)(1)
Definition. In this section, "motor vehicle" includes an all-terrain vehicle, as defined in
s. 340.01 (2g).
30.29(2)
(2) Prohibition. Except as provided under
sub. (3), no person may operate a motor vehicle in or on any navigable water or the exposed bed of a navigable water.
30.29(3)
(3) Exceptions. This section does not apply to:
30.29(3)(a)
(a)
Stream crossing. A person operating a motor vehicle to cross a stream by use of a bridge, culvert, ford or similar structure if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(3)(b)
(b)
Agriculture activities. A person operating a motor vehicle while the person is engaged in agricultural use, as defined under
s. 91.01 (1).
30.29(3)(c)
(c)
Department activities. The department or any agent of the department operating a motor vehicle while the person is engaged in activities authorized by the department.
30.29(3)(d)
(d)
Activities for which a permit is issued. A person or agent of a person who is issued a permit by the department while the person or agent is engaged in activities related to the purpose for which the permit is issued.
30.29(3)(e)
(e)
Amphibious vehicles. A person operating an amphibious motor vehicle registered as a boat with the department if the amphibious vehicle enters the water at a boat launch or a ford.
30.29(3)(f)
(f)
Boat launching. A person operating a motor vehicle to launch or load a boat, canoe or other watercraft.
30.29(3)(g)
(g)
On frozen waters. A person operating a motor vehicle on the surface of any navigable waters which are frozen.
30.29(3)(h)
(h)
Access to frozen waters. A person operating a motor vehicle to cross the bed or banks of a navigable water in order to reach the surface of any navigable waters which are frozen if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(4)
(4) Penalty. A person who violates this section shall forfeit $50 for the first offense and shall forfeit not more than $100 upon conviction of the same offense a 2nd or subsequent time within one year.
30.292
30.292
Parties to a violation. 30.292(1)
(1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
30.292(2)
(2) A person is concerned in the commission of the violation if the person does any of the following:
30.292(2)(b)
(b) Aids and abets the commission of the violation.
30.292(2)(c)
(c) Is a party to a conspiracy with another to commit the violation or advises, hires, counsels or otherwise procures any person to commit it.
30.292 History
History: 1987 a. 374.
30.294
30.294
Nuisances, abatement. Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person.
30.294 History
History: 1987 a. 374.
30.298(1)(1) Any person who violates any provision of
ss. 30.12 to
30.21 for which a penalty is not provided under the applicable section or by
sub. (2) or
(3) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
30.298(2)
(2) Any person who violates
s. 30.18 (2) (a) 1. or
30.195 (1) shall forfeit not less than $500 nor more than $10,000 for the first offense and shall forfeit not less than $1,000 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
30.298(3)
(3) Any person who violates
s. 30.206 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.
30.298(4)
(4) A violation of a permit, contract or order issued under this chapter is a violation of the statute under which the permit, contract or order was issued.
30.298(5)
(5) In addition to the forfeitures specified under
subs. (1) to
(3), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.
30.298 History
History: 1987 a. 374.
DEVELOPMENT AND OPERATION OF HARBORS
30.30
30.30
Municipal authority to make harbor improvements. Every municipality having navigable waters within or adjoining its boundaries may exercise the following powers:
30.30(1)
(1) Harbor improvement. By proper filling or excavating or dredging and docking, create or improve any inner or outer harbor and such turning basins, slips, canals and other waterways within its boundaries as it determines are necessary.
30.30(2)
(2) Repairs and alterations. Keep in repair and from time to time alter, extend, enlarge or discontinue any improvement mentioned in
sub. (1).
30.30(3)
(3) Dock walls and shore protection walls. 30.30(3)(a)(a) Either by itself or in conjunction with another municipality, construct, maintain or repair suitable dock walls or shore protection walls along the shore of any waterway adjoining or within the limits of such municipality, exclusive of privately owned slips. Such structures may be located within or without the municipal limits.
