30.77 Cross-reference
Cross Reference: See also ss.
NR 1.91,
5.15, and
5.19, Wis. adm. code.
30.77 Annotation
Sub. (3) is an exception to sub. (2). A local ordinance prohibiting the operation of a motorboat on a lake on Sunday will not be held invalid pending determination of whether it is in the interest of public health or safety. Menzer v. Elkhart Lake,
51 Wis. 2d 70,
186 N.W.2d 290 (1971).
30.77 Annotation
A village was authorized under ss. 30.77 (3) and 61.34 (1) to enact an ordinance that granted exclusive temporary use of a portion of a lake for a public water exhibition. State v. Village of Lake Delton,
93 Wis. 2d 78,
286 N.W.2d 622 (Ct. App. 1979).
30.77 Annotation
The reasonable fees under sub. (3) (e) 1. is discussed. Town of LaGrange v. Martin,
169 Wis. 2d 482,
485 N.W.2d 287 (Ct. App. 1992).
30.77 Annotation
DNR authority to insure free access to the state's waters implicitly extends to the shore and public access facilities. Ordinances limiting nonresident parking at boating facilities and prohibiting boat trailer parking on streets were invalid. State v. Town of Linn,
205 Wis. 2d 426,
556 N.W.2d 394 (Ct. App. 1996).
30.77 Annotation
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services" under ss. 30.77 (3) (e) 1. c. and 33.475 is unconstitutional.
79 Atty. Gen. 185.
30.772
30.772
Placement and use of moorings; restrictions; permits. 30.772(1)(1)
Authority. The department is authorized to regulate the placement and use of moorings.
30.772(2)
(2) Restrictions. No mooring may be placed or used in any navigable waters if:
30.772(2)(a)
(a) The mooring obstructs or interferes with public rights or interest in the navigable waters.
30.772(2)(b)
(b) The riparian owner does not give written permission for the placement and use of the mooring.
30.772(2)(c)
(c) The mooring or use of the mooring interferes with the rights of other riparian owners.
30.772(2)(d)
(d) The mooring or use of the mooring adversely affects critical or significant fish or wildlife habitat.
30.772(2)(e)
(e) The mooring anchor is placed more than 150 feet from the ordinary high-water mark, or more than 200 feet from the ordinary high-water mark if
sub. (3) (a) 5. applies, unless one of the following occurs:
30.772(2)(e)1.
1. A permit is obtained from the appropriate municipality and approved by the department.
30.772(2)(e)3.
3. The mooring is properly within a designated mooring area.
30.772(2)(f)
(f) The placement or use of the mooring violates a condition or restriction on a permit issued under
sub. (4) or violates department rules.
30.772(3)
(3) Municipal regulation of moorings; municipal permits; procedure. 30.772(3)(a)(a) Subject to department approval, the governing body of a municipality with jurisdiction over navigable waters may, by ordinance, adopt local regulations relative to the placement and use of moorings, including but not limited to regulations governing:
30.772(3)(a)1.
1. The number of moorings for a specific distance of frontage or within a specific area.
30.772(3)(a)4.
4. The safe distance of moored boats from any other moored boats, properly marked and established traffic lanes, properly marked swimming or bathing areas, or structures, including piers, rafts, docks and wharves.
30.772(3)(a)5.
5. The placement or use of moorings up to 200 feet from the ordinary high-water mark, subject to all of the requirements of this section and
s. 30.773, if applicable.
30.772(3)(am)
(am) If the governing body of a municipality adopts an ordinance under
par. (a) 5., any boat moored or anchored to a mooring placed within 200 feet of the ordinary high-water mark or within a designated mooring area is not required to be lighted, as provided in
s. 30.61 (6) (a), regardless of whether the moored or anchored boat drifts beyond 200 feet from the ordinary high-water mark or outside of the designated mooring area, unless the local regulations require the boat to be so lighted.
30.772(3)(b)
(b) The regulations shall not conflict with the uniform navigation aids system established by the department under
s. 30.74 (2) or any rules adopted by the department under
s. 30.74 (2).
30.772(3)(c)
(c) A municipality shall submit local regulations proposed under this subsection to the department at least 30 days before the municipality votes to adopt the regulations. The department shall advise the municipality in writing of its approval or disapproval of each such regulation. No regulation disapproved by the department may be adopted by the municipality. Permits issued for moorings more than 150 feet from the ordinary high-water mark, or more than 200 feet from the ordinary high-water mark if
par. (a) 5. applies, shall be submitted to the department for approval unless the permit is for a mooring within a designated mooring area.
30.772(3)(d)
(d) The governing body of a municipality may, by ordinance, require a permit authorizing the placement and use of moorings, subject to all of the following:
30.772(3)(d)1.
1. Mooring permits shall be issued only after the governing body, or a person designated by the governing body, determines that the mooring conforms to the provisions of this section and all applicable local regulations adopted under this section.
30.772(3)(d)2.
2. Except as provided under
subd. 4., if a mooring permit is issued under this section, no subsequent permit may be required unless the mooring location is changed.
30.772(3)(d)3.
3. After a mooring permit is issued, the governing body of a municipality may revoke the mooring permit if the mooring subsequently violates any provision of this section or any local regulation adopted under this section.
30.772(3)(d)4.
4. The provisions and procedures of
ch. 68 shall apply to the grant, denial or revocation of a mooring permit by a municipality.
30.772(3)(e)
(e) Any mooring, mooring anchor or mooring buoy which is placed or used in any navigable water in violation of this section or any local regulation adopted by a municipality under this subsection constitutes a public nuisance subject to
s. 30.294. A municipality may, by ordinance, provide that any person who violates any local regulation adopted under this subsection is subject to a forfeiture not to exceed $50 for each such violation. The ordinance may also provide that each day during which the violation exists is a separate offense.
30.772(3)(f)
(f) In addition to, or as an alternative to, the penalties specified in
par. (e), the governing body of a municipality may remove unlawful moorings as provided under and pursuant to the procedures of
s. 30.13 (5m).
30.772(4)
(4) Department permits. The department may issue a permit authorizing the placement or use of a mooring beyond 150 feet from the ordinary high-water mark if the municipality does not have an established permit procedure, or more than 200 feet from the ordinary high-water mark if
sub. (3) (a) 5. applies. The department may place conditions or restrictions on any permit issued under this subsection.
30.772(5)
(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.
30.773
30.773
Designated mooring areas. 30.773(1)
(1)
Establishment of designated mooring areas. Subject to department approval, a municipality with jurisdiction over navigable waters may establish designated mooring areas as provided in this section.
30.773(2)
(2) Procedures. A municipality authorized to establish a bulkhead line under
s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that if the municipality created a board of harbor commissioners, the municipality is required to obtain the approval of that board in addition to the approval of the department.
30.773(3)
(3) Standards for approval. In addition to requiring compliance with standards and procedures under
s. 30.11 and
sub. (2), the department shall grant an approval for the establishment of a designated mooring area only if:
30.773(3)(a)
(a) The designated mooring area is more than 150 feet from the ordinary high-water mark.
30.773(3)(b)
(b) The establishment and operation of the mooring area does not materially obstruct navigation.
30.773(3)(c)
(c) The establishment and operation of the mooring area is not detrimental to public rights or interest in the waterway.
30.773(3)(d)
(d) The mooring area is not within and does not adversely affect a critical or significant fish or wildlife habitat area.
30.773(3)(e)
(e) The establishment and operation of the mooring area complies with all applicable zoning requirements.
30.773(3)(f)
(f) The riparian owners agree in writing to the establishment of the mooring area and the area is to be used by the riparian owners or by others with the written consent of the riparian owners.
30.773(3)(g)
(g) Use of the mooring area is not unfairly restricted or used to assert exclusive privileges for use of the navigable waters.
30.773(3)(h)
(h) The mooring area is marked in a manner which notifies the public of the boundaries of the mooring area and assists in navigation near the mooring area. These markers shall be consistent with the uniform aids to navigation established under
s. 30.74 (2).
30.773(4)(a)(a) Department permits under
s. 30.772 (4) or department approval of municipal permits under
s. 30.772 (3) (c) are not required for moorings placed within a designated mooring area.
30.773(4)(b)
(b) A municipality may regulate the placement and use of moorings within designated mooring areas in the manner provided under
s. 30.772 (3).
30.773(5)
(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.
30.773 History
History: 1985 a. 243.
30.78
30.78
Local regulation of seaplanes. 30.78(1)
(1)
City, village and town ordinances. Any city, village or town adjoining or surrounding any waters may, after public hearing, by ordinance:
30.78(1)(a)
(a) Prescribe reasonable safety regulations relating to the operation on the surface of such waters of any aircraft capable of landing on water.
30.78(1)(b)
(b) Prescribe the areas which may be used as a landing and take-off strip for the aircraft or prohibit the use of the waters altogether.
30.78(1)(c)
(c) Provide proper and reasonable penalties for the violation of any such ordinance.
30.78(1g)(a)(a) A public inland lake protection and rehabilitation district, after public hearing, may enact and enforce local ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.
30.78(1g)(b)
(b) Ordinances authorized under
par. (a) are limited to the type of ordinances authorized under
sub. (1) (a) to
(c).
30.78(1g)(c)
(c) If any town, village or city having jurisdiction on the lake rescinds the resolution authorizing the public inland lake protection and rehabilitation district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.
30.78(1r)
(1r) Notice to department of transportation. The department of transportation shall receive timely notice of the public hearing required under
subs. (1) and
(1g) and shall have an opportunity to present testimony on the proposed ordinance. An ordinance under
sub. (1) (b) or
(1g) that regulates or restricts an area of surface waters for landing or take-off purposes shall be filed with the department of transportation.
30.78(2)
(2) Marking of regulated or restricted areas. Any ordinance that regulates or restricts an area of surface waters under
sub. (1) or
(1g) shall direct that the area be marked by standard marking devices.
30.78(3)(a)(a) If a public inland lake protection and rehabilitation district enacts an ordinance under
sub. (1g), the lake district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under
sub. (1) that are applicable to that lake.
30.78(3)(b)
(b) Any conflict in jurisdiction arising from the enactment of ordinances by 2 or more municipalities shall be resolved under
s. 66.0105.
30.79
30.79
Local water safety patrols; state aids. 30.79(1)
(1)
Definitions. In this section:
30.79(1)(a)
(a) "Local governmental unit" means a municipality, a public inland lake protection and rehabilitation district or a lake sanitary district.
30.79(1)(am)
(am) "State aid" means payment by the state to a local governmental unit for or toward the cost of the operation or maintenance of a water safety patrol unit.
30.79(1)(b)
(b) "Water safety patrol unit" means one of the following:
30.79(1)(b)1.
1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing
ss. 30.50 to
30.80 and any rules promulgated and ordinances enacted under
ss. 30.50 to
30.80 and for the purpose of conducting search and rescue operations.
30.79(1)(b)2.
2. A unit created by a public inland lake protection and rehabilitation district, by a lake sanitary district or by a number of local governmental units riparian to a single lake, at least one of which is a lake district or a lake sanitary district, for the purposes specified in
subd. 1.
30.79(2)
(2) State aid. In order to protect public rights in navigable waters and to promote public health, safety and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of
ss. 30.50 to
30.80 and ordinances enacted under
ss. 30.50 to
30.80 and for conducting search and rescue operations is established.
30.79(2m)(a)(a) The department shall promulgate rules that restrict the costs eligible for state aid under this section. The rules shall establish the following:
30.79(2m)(a)1.
1. A method for calculating the maximum number of hours spent on enforcement activities or on search and rescue operations by a water safety patrol unit that will be eligible for state aid.
30.79(2m)(a)2.
2. The maximum number of crew members on a boat operated by a water safety patrol unit whose compensation will be eligible for state aid.
30.79(2m)(a)3.
3. The types and location of navigable waters on which a water safety patrol unit may operate for the local governmental unit operating the water safety patrol unit to be eligible for state aid.
30.79(2m)(b)
(b) In establishing the method of calculation under
par. (a) 1., the department shall include the amount of boating activity and the size of the navigable water as factors to be used in making these calculations.
30.79(2m)(c)
(c) In addition to the rules promulgated under
par. (a) the department may promulgate rules that relate to making the operation or maintenance of a water safety patrol unit more cost-effective.
30.79(3)
(3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing
ss. 30.50 to
30.80 or any rules promulgated or ordinances enacted under
ss. 30.50 to
30.80 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.
30.79(4)
(4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town, village or city if the town, village or city consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing
ss. 30.50 to
30.80, or rules promulgated or ordinances enacted under
ss. 30.50 to
30.80 and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.
30.79(5)
(5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under
s. 30.77. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under
s. 30.77 and any costs that do not comply with the rules promulgated under
sub. (2m). The department shall compute the state aids on the basis of 75% of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20% of the funds available.
