30.686 Report arrest to department.
30.687 Officer's action after arrest for violating intoxicated boating law.
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(1am)
(1am) "Area of special natural resource interest" means any of the following:
30.01(1am)(b)
(b) A surface water identified as a trout stream by the department.
30.01(1am)(bm)
(bm) A surface water identified as an outstanding or exceptional resource water under
s. 281.15.
30.01(1am)(c)
(c) An area that possesses significant scientific value, as identified by the department.
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
ss. 30.12 and
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(2m)
(2m) "Great Lakes water body" means Lake Superior or Lake Michigan and includes any bay or harbor that is part of Lake Superior or Lake Michigan.
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(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).
30.025
30.025
Permit procedure for utility facilities. 30.025(1b)(a)
(a) "Commission" means the public service commission.
30.025(1b)(b)
(b) "Permit" means an individual permit, a general permit, an approval, or a contract required under this subchapter or
subch. II, a permit or an approval required under
ch. 31, a storm water discharge permit required under
s. 283.33 (1) (a), or a water quality certification required under
s. 281.36 or under rules promulgated under
subch. II of ch. 281 to implement
33 USC 1341 (a).
30.025(1e)(a)(a) Except as provided in
par. (b), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.
30.025(1e)(b)
(b) This section does not apply to a proposal to construct a utility facility if the only permit that the utility facility is required to obtain from the department is a storm water discharge permit under
s. 283.33 (1) (a).
30.025(1m)
(1m) Preapplication process. Before filing an application under this section, a person proposing to construct a utility facility shall notify the department of the intention to file an application. After receiving such notice, the department shall confer with the person, in cooperation with the commission, to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:
30.025(1m)(a)
(a) The permits that the person may be required to obtain and the permits under which the person must give notification of the wish to proceed.
30.025(1m)(b)
(b) The information that the person will be required to provide.
30.025(1m)(c)
(c) The timing of information submissions that the person will be required to provide in order to enable the department to participate in commission review procedures and to process the application in a timely manner.
30.025(1s)(a)(a) Any person proposing to construct a utility facility to which this section applies shall, in lieu of separate application for permits, submit one application for permits together with any additional information required by the department. The application shall be filed with the department at the same time that an application for a certificate is filed with the commission under
s. 196.49 or in a manner consistent with
s. 196.491 (3) and shall include the detailed information that the department requires to determine whether an application is complete and to carry out its obligations under
sub. (4). The department may require supplemental information to be furnished thereafter.
30.025(1s)(b)
(b) A person who applies to the commission for a certificate under
s. 196.49 or
196.491 (3) is eligible to apply under
par. (a) for any permit that the utility facility may require and to receive such permit.
30.025(2)
(2) Hearing. Once the applicant meets the requirements of
sub. (1s) (a), the department may schedule the matter for a 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 regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding
s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.
30.025(2g)
(2g) Participation in commission proceedings. 30.025(2g)(a)(a) The department shall review every proposed utility facility subject to this section, including each location, site, or route proposed for the utility facility, to assess whether each proposed location, site, or route can meet the criteria for proceeding under the authority of or obtaining the required permits, and shall provide that information to the commission.
30.025(2g)(b)
(b) The department shall participate in commission investigations or proceedings under
s. 196.49 or
196.491 (3) with regard to any proposed utility facility that is subject to this section. In order to ensure that the commission's decision is consistent with the department's responsibilities, the department shall provide the commission with information that is relevant to only the following:
30.025(2g)(b)1.
1. Environmental issues that concern the proposed utility facility.
30.025(2g)(b)2.
2. Public rights in navigable waters that may be affected by the proposed utility facility.
30.025(2g)(b)3.
3. Location, site, or route issues concerning the proposed utility facility, including alternative locations, sites, or routes.
