30.71 Disposal of waste from boats equipped with toilets.
30.715 Placement of boats, trailers, and equipment in navigable waters.
30.72 Watercraft use rules, Lower St. Croix River.
30.73 Use regulations, Brule River.
30.74 Additional functions of department.
30.742 Water exhibitions and races; rules.
30.745 Limited jurisdiction for administration and enforcement of navigation aids by municipalities.
30.75 Service of process on nonresident.
30.77 Local regulation of boating.
30.772 Placement and use of moorings; restrictions; permits.
30.773 Designated mooring areas.
30.78 Local regulation of seaplanes.
30.79 Local water safety patrols; state aids.
30.81 Local regulations on icebound inland waters.
30.90 Public access to Lake Lions.
30.92 Recreational boating projects.
30.93 Fox River management.
30.99 Parties to a violation.
GENERAL PROVISIONS
30.01
30.01
Definitions. In this chapter:
30.01(1c)
(1c) "Boat shelter" means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, which has a roof but does not have walls or sides. Such a structure may include a device for lifting a boat.
30.01(1d)
(1d) "Boathouse" means a structure used for the storage of watercraft and associated materials which has one or more walls or sides.
30.01(1g)
(1g) "Bridge" means a structure used to convey people, animals and vehicles over navigable waters and includes pipe arches and culverts.
30.01(1j)
(1j) "Department" means the department of natural resources.
30.01(1m)
(1m) "Designated mooring area" means a mooring area designated by a municipality under
s. 30.773 (2) and
(3), approved by the department and marked as a mooring area.
30.01(1nm)
(1nm) "Duck Creek Drainage District" means Outagamie Drainage District No. 6 that is also known as the Duck Creek Drainage District and is located in Outagamie County.
30.01(1p)
(1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under
s. 30.121 nor a wharf or pier regulated under
s. 30.13.
30.01(1r)
(1r) "Fixed houseboat" means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
30.01(1t)
(1t) "Flotation device" means any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.
30.01(2)
(2) "Governing body" means a town board, a village board of trustees, a city council or a county board.
30.01(3)
(3) "Harbor facility" means every facility useful in the maintenance or operation of a harbor, including transportation facilities of all types, terminal and storage facilities of all types, wharves, piers, slips, basins, ferries, docks, bulkheads and dock walls, and floating and handling equipment, power stations, transmission lines and other facilities necessary for the maintenance and operation of such harbor facilities.
30.01(3e)
(3e) "Mooring" when used as a noun means a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants and related equipment, unless the term is qualified or restricted.
30.01(3m)
(3m) "Mooring anchor" means any anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable water, which is designed to be attached by a chain, cable, rope or other mechanism to a mooring buoy and which is designed to be left in position permanently or on a seasonal basis.
30.01(3s)
(3s) "Mooring buoy" means any float or marker which is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.
30.01(3w)
(3w) "Motor vehicle" has the meaning designated under
s. 340.01 (35) except that this term does not include snowmobiles.
30.01(4)
(4) "Municipality" means any town, village, city or county in this state.
30.01(4m)
(4m) "Navigable waters" or "navigable waterway" means any body of water which is navigable under the laws of this state.
30.01(5)
(5) "Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
30.01(5m)
(5m) "Piling" means a group of piles.
30.01(6)
(6) "Secretary" means the secretary of natural resources.
30.01(6b)
(6b) "Substantive written objection" means a written statement giving specific reasons why a proposed project under
ss. 30.02 to
30.38 may violate the statutory provisions applicable to the project and specifying that the person making the objection will appear and present information supporting the objection in a contested case hearing.
30.01(6d)
(6d) "Surplus water" means any water of a stream that is not being beneficially used, as determined by the department.
30.01(6e)
(6e) "Swimming raft" means a floating platform without railings, roof or walls that is adequately anchored to the bed of navigable waters and is designed for swimming, diving and related activities.
30.01(7)
(7) "Watercraft" means any device used and designed for navigation on water.
30.01(8)
(8) "Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
30.01(10)
(10) "Wolf River municipality" means any city, village or town which adjoins or includes any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.01 Annotation
No threshold showing that a waterway is actually navigated for commercial or recreational purposes is necessary in order to prove that the waterway is navigable. City of Oak Creek v. DNR,
185 Wis. 2d 424,
518 N.W.2d 276 (Ct. App. 1994).
30.015
30.015
Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 60 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.
30.015 History
History: 2001 a. 16.
30.02
30.02
General provision for notice and hearing. 30.02(1)
(1) In any proceeding under this chapter where public notice is required, the department shall follow the procedures in
subs. (3) and
(4).
30.02(2)
(2) In any proceeding under this chapter where public notice is not required, the department shall follow the procedures in
subs. (3) and
(4) if it determines that substantial interests of any party may be adversely affected by the proceeding.
30.02(3)
(3) Upon receipt of a complete permit application or a request for a determination under
s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 60 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under
s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.
30.02(4)(a)(a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under
sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection to issuance of the permit. The public hearing shall be conducted within 60 days after the hearing is ordered.
30.02(4)(b)
(b) The applicant shall publish a class 1 notice under
ch. 985 of the public hearing in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.
30.025
30.025
Optional permit procedure for certain electric generating facilities and high-voltage transmission lines. 30.025(1)(1) Any electric utility, as defined in
s. 196.491 (1) (d), proposing to construct a facility, as defined in
s. 196.491 (1) (e), which facility is to be located adjacent to a waterway in such a manner as to require one or more permits to be issued under this chapter and
ch. 31 may, in lieu of separate application for permits under those chapters, submit an engineering plan together with any additional information required by the department. Such plan shall be filed with the department within 20 days after an application for a certificate of public convenience and necessity is filed with the public service commission under
s. 196.491 (3). The department may require supplemental information to be furnished thereafter.
30.025(2)
(2) Once electric utilities have met the requirements of
sub. (1), the department shall schedule the matter for public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under
ch. 985. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the district office of the department and at least one copy at the main public library of the area affected.
30.025(3)
(3) The department shall grant the necessary permits if, after hearing, it finds that the applicant has shown that the proposal:
30.025(3)(a)
(a) Complies with environmental statutes administered by the department and rules promulgated thereunder, and federal environmental standards which the department has authority to enforce.
30.025(4)
(4) The permit may be issued upon stated conditions deemed necessary to assure compliance with the criteria designated under
sub. (3). The department shall grant or deny the application within the time limit applicable under
s. 196.491 (3) (a) 3. b.
30.027
30.027
Lower Wisconsin State Riverway. For activities in the Lower Wisconsin State Riverway, as defined in
s. 30.40 (15), no person obtaining a permit under
subchs. I,
II or
V may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under
s. 30.44 or
30.445.
30.027 History
History: 1989 a. 31.
30.03
30.03
Enforcement of forfeitures; abatement of nuisances; infringement of public rights. 30.03(2)
(2) The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter or
ch. 31.
30.03(3)
(3) All forfeitures shall be recovered by civil action as provided in
ch. 778 and when collected shall be paid directly into the state treasury.
30.03(4)(a)(a) If the department learns of a possible violation of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under
ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under
s. 111.07 (7).
30.03(4)(b)
(b) No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the order may be punished in civil contempt proceedings.
30.03 Annotation
The DNR may enforce the terms of lakebed grants under sub. (4) (a) as long as the enforcement does not conflict with s. 30.05.
78 Atty. Gen. 107.
