30.277(1m)
(1m) Funding. Beginning in fiscal year 1992-93, from the appropriation under
s. 20.866 (2) (tz), the department shall award grants to governmental units to assist them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under
s. 20.866 (2) (ta) beginning on July 1, 2000.
30.277(2)(a)(a) Grants awarded under this section from the appropriation under
s. 20.866 (2) (tz) 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 governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, "land" includes rights in land.
30.277(2)(c)
(c) Grants awarded under this section from the appropriation under
s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.
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 area subject to the jurisdiction of the governmental unit 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 governmental unit, including financial support.
30.277(3)(g)
(g) Whether the project involves a joint effort by 2 or more governmental units.
30.277(3)(h)
(h) The potential benefits of the project to the overall economy of the area subject to the jurisdiction of the governmental unit.
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 governmental unit may receive in any fiscal year more than 20% of the funds that are available for grants under this section.
30.277(4m)
(4m) Grants for Kickapoo. The department may not award a grant under this section from the appropriation under
s. 20.866 (2) (tz) to the Kickapoo reserve management board.
30.277(5)
(5) Contribution by governmental unit. To be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs 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) (ta),
(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. In specifying the weight to be assigned to the criteria under
sub. (3), the department shall assign the greatest weight to the criterion under
sub. (3) (k). The department shall promulgate a rule specifying the types of projects that qualify as a shoreline enhancement project under this section.
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 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
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,
30.207 and
30.21 to
30.27. The permit or approval fee shall accompany the permit application, notice 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(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. Except as provided in
par. (am), 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, requests an approval, or submits a notice under
s. 30.207 (7) 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) (a). The department, by rule, may increase a fee specified in
sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under
s. 30.207.
30.28(2r)(a)(a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:
30.28(2r)(a)1.
1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under
par. (b) for that type of permit or approval.
30.28(2r)(a)2.
2. The department verifies that it will be able to comply with the request.
30.28(2r)(b)
(b) If the department promulgates a rule under
par. (a), the rule shall contain a time limit for each type of permit or approval classified under
sub. (2) (a) for determining whether the department will grant the permit or approval.
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.
30.28 Cross-reference
Cross Reference: See also ch.
NR 300, Wis. adm. code.
30.28 Annotation
The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83,
234 Wis. 2d 335,
610 N.W.2d 129.
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.
30.294 Annotation
A citizen may bring suit under this section, pursuant to the public trust doctrine, directly against a private party for abatement of a public nuisance when the citizen believes that the DNR has inadequately regulated the private party. When a municipality is a defendant, filing a notice of claim under s. 893.80 (1) (b) is not required if an injunction is sought under this section, whether or not the injunction will be directed against the municipality. Gillen v. City of Neenah,
219 Wis. 2d 807,
580 N.W.2d 628 (1998).
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.
