30.77(3)(dm)1.a.
a. "Boating organization" means a nonstock corporation organized under
ch. 181 whose primary purpose is to promote boating activities.
30.77(3)(dm)1.b.
b. "Local entity" means a city, village, town, county, qualified lake association, nonprofit conservation organization, as defined in
s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district, or another local governmental unit, as defined in
s. 66.0131 (1) (a), that is established for the purpose of lake management.
30.77(3)(dm)2.
2. If the department or a local entity objects to an ordinance enacted under
par. (a),
(ac) 2. or
(am) 1. b., on the grounds that all or a portion of the ordinance is contrary to or inconsistent with this chapter, the procedure under
subd. 2r. shall apply.
30.77(3)(dm)2g.
2g. If a local entity or a boating organization objects to an ordinance enacted under
par. (a) that applies to a river or stream, or to an ordinance enacted under
par. (b), on the grounds that all or a portion of the ordinance is not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources, the procedure under
subd. 2r. shall apply.
30.77(3)(dm)2r.a.a. Upon receipt of an objection under
subd. 2. or
2g., the department shall order a hearing on the objection under
ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in
s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.
30.77(3)(dm)2r.b.
b. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered under
subd. 2r. a.
30.77(3)(dm)2r.c.
c. For an objection under
subd. 2., if the hearing examiner determines that the ordinance or the portion of the ordinance is contrary to or inconsistent with this chapter, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. For an objection under
subd. 2g., if the hearing examiner determines that the ordinance or the portion of the ordinance is not necessary for public health, safety, welfare or the public's interest in preserving the state's natural resources, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. An order issued under this
subd. 2r. c. shall prohibit the enforcement of all or any portion of the ordinance declared to be void.
30.77(3)(dm)3.
3. The procedure under this paragraph does not supersede any other legal right or procedure that a person has to contest an ordinance enacted under this section.
30.77(3)(e)
(e) Notwithstanding the prohibition in
sub. (1) (b) against ordinances or local regulations that exclude any boat from the free use of the waters of the state:
30.77(3)(e)1.
1. A municipality, a public inland lake protection and rehabilitation district or a town sanitary district that has in effect an ordinance under
par. (am) may charge boat operators reasonable fees for any of the following:
30.77(3)(e)1.a.
a. Use of a public boat launching facility that the municipality or lake district owns or operates.
30.77(3)(e)1.c.
c. The municipality's or district's costs for providing other recreational boating services.
30.77(3)(e)2.
2. A town, village or city may enact ordinances to regulate the operation, equipment, use and inspection of those boats carrying passengers for hire that operate from a base within its jurisdiction and may charge reasonable fees for such inspection.
30.77(4)
(4) Publicizing ordinances. All ordinances enacted under
sub. (3) shall be prominently posted by the local authority which enacted them and, for ordinances enacted under
sub. (3) (ac) 2., by all local authorities having jurisdiction over the lake, at all public access points within the local authority's jurisdiction and also shall be filed with the department.
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
Reasonable fees under sub. (3) (e) 1. are 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),
95-3242.
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.
