30.74
30.74
Additional functions of department. 30.74(1)(a)(a) The department shall establish a program of comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, including tribal schools, as defined in
s. 115.001 (15m), private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses. The department shall prescribe the course content and the form of the certificate.
30.74(1)(am)
(am) The department may promulgate rules to establish minimum standards and procedures for the instruction given under
s. 30.625 (1) (a).
30.74(1)(b)
(b) The department by rule shall set the instruction fee for the course. A person conducting a course or giving instruction under this subsection shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50 percent, that the person may retain to defray expenses incurred by the person in conducting the course or giving the instruction. The person shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
30.74(1)(c)
(c) A valid certificate issued by another state, as defined in
s. 115.46 (2) (f), or a province of Canada that is held by a person will be honored if the course content substantially meets that established by the department.
30.74(1)(d)
(d) The department shall also prepare and disseminate information on water safety to the public, including the informational pamphlets specified in
s. 30.52 (5) (a) 4. and
(b) 3.
30.74(2)(a)(a) The department by rule shall establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with
s. 30.77.
30.74(2)(b)
(b) For purposes of this section “aids to navigation" means buoys, beacons and other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels; “regulatory markers" means any anchored or fixed marker in the water or anchored platform on the surface of the water, other than aids to navigation, and shall include but not be limited to bathing beach markers, speed zone markers, information markers, mooring buoys, fishing buoys and restricted activity area markers.
30.74(3)
(3) Enforcement. The department shall assist in the enforcement of
ss. 30.50 to
30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.
30.74 Cross-reference
Cross-reference: See also ss.
NR 5.09 and
5.18, Wis. adm. code.
30.742
30.742
Water exhibitions and races; rules. For water exhibitions or races, the department may promulgate rules that provide exemptions from any of the requirements or restrictions under
s. 30.61,
30.62,
30.65,
30.66,
30.678,
30.68 or
30.69.
30.742 History
History: 1991 a. 257;
2005 a. 356.
30.745
30.745
Limited jurisdiction for administration and enforcement of navigation aids by municipalities. 30.745(1)(1)
Definitions. As used in this section:
30.745(1)(a)
(a) “Adjacent outlying waters" means the outlying waters adjacent to the boundaries of a municipality and extending outward for a distance of one-half mile.
30.745(1)(b)
(b) “Municipality" means any town, village or city.
30.745(2)
(2) Exercise of limited jurisdiction. 30.745(2)(a)(a)
Authority to enact ordinances. A municipality may enact by ordinance a navigation aids system and regulations affecting moorings, markers and buoys in adjacent outlying waters if the system and regulations are not in conflict with the uniform navigation aids system established by the department under
s. 30.74 (2) or with any county ordinance.
30.745(2)(b)
(b)
Conflicts. Any municipal ordinance enacted under this section which conflicts with the uniform navigation aids system established by the department under
s. 30.74 (2) or with any county ordinance is void.
30.745(2)(c)
(c)
Administration and enforcement. A municipality may exercise jurisdiction over adjacent outlying waters for the purpose of administering and enforcing an ordinance enacted under this section.
30.75
30.75
Service of process on nonresident. 30.75(1)
(1)
How served. Service of process upon a nonresident defendant in any action claiming injury to person or property arising out of the operation of a boat in this state may be either by personal service within or without this state or by registered mail as provided in
sub. (2).
30.75(2)
(2) Service by registered mail.
If service of process is to be by registered mail, the original and necessary copies of the summons shall be left with the clerk of circuit court in which the action is to be brought, together with a sum of 75 cents to cover the cost of mailing. The clerk of circuit court shall mail a copy to the defendant at the defendant's last address as known to the plaintiff or clerk of circuit court, with the return receipt signed by the addressee requested. Service of the summons is considered completed when it is mailed. The clerk of circuit court shall enter upon the court record the date when the summons is mailed and the name of the person to whom mailed.
30.75 History
History: 1991 a. 316;
1995 a. 224.
30.77
30.77
Local regulation of boating. 30.77(1)
(1)
Local regulation prohibited; exceptions. Sections 30.50 to
30.71 shall be uniform in operation throughout the state. No municipality, public inland lake protection and rehabilitation district or town sanitary district may:
30.77(1)(a)
(a) Enact any ordinance or local regulation requiring local numbering, registration or licensing of boats or any ordinance or local regulation charging fees for inspection, except as provided in
sub. (3) (e); or
30.77(1)(b)
(b) Except as provided in
subs. (2) and
(3), enact any ordinance or local regulation that in any manner excludes any boat from the free use of the waters of this state or that pertains to the use, operation or equipment of boats or which governs any activity regulated by
ss. 30.50 to
30.71.
30.77(2)
(2) Ordinances conforming to state law. Any municipality may enact ordinances which are in strict conformity with
ss. 30.50 to
30.71 or rules of the department promulgated under those sections.
30.77(3)(a)(a) Any town, village or city may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact ordinances applicable on any waters of this state within its jurisdiction if the ordinances are not contrary to or inconsistent with this chapter and if the ordinances relate to the equipment, use or operation of boats or to any activity regulated by
ss. 30.60 to
30.71.
30.77(3)(ac)
(ac) Except as provided under
s. 33.455 (3) (b), no ordinance that pertains to the equipment, use or operation of a boat on an inland lake is valid unless one of the following occurs:
30.77(3)(ac)1.
1. All towns, villages and cities having jurisdiction over the lake have enacted an identical ordinance.
30.77(3)(ac)2.
2. At least 50 percent of the towns, villages and cities having jurisdiction over the lake have enacted an identical ordinance and at least 60 percent of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.
30.77(3)(ae)
(ae) If a town, village or city proposes to amend or repeal an ordinance that it enacted under
par. (ac), and if the amendment or repeal will result in less than 50 percent of the towns, villages or cities with jurisdiction over the lake still having in effect the current ordinance or if the amendment or repeal will result in less than 60 percent of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with the current ordinance still in effect, the town, village or city proposing the amendment or repeal shall hold a hearing on the issue at least 30 days before the amendment or repeal will take effect and shall give notice as required under
par. (aw) 2. If, after holding the hearing, the town, village or city amends or repeals the ordinance that it enacted under
par. (ac), all of the identical ordinances are void.
30.77(3)(am)1.1. A public inland lake protection and rehabilitation district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake entirely within its boundaries if one of the following occurs:
30.77(3)(am)1.a.
a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the lake district to do so.
30.77(3)(am)1.b.
b. At least 50 percent of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the lake district to enact and enforce ordinances, and at least 60 percent of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.
30.77(3)(am)1m.
1m. A town sanitary district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake if at least 60 percent of the footage of shoreline of the lake is within its boundaries, if no public inland lake protection and rehabilitation district has in effect any ordinances enacted under
subd. 1. for the lake and if any one of the following occurs:
30.77(3)(am)1m.a.
a. Each town, village and city having jurisdiction over the lake adopts a resolution authorizing the town sanitary district to do so.
30.77(3)(am)1m.b.
b. At least 50 percent of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the town sanitary district to enact and enforce ordinances, and at least 60 percent of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.
30.77(3)(am)2.
2. An ordinance enacted under
subd. 1. or
1m. may not be contrary to or inconsistent with this chapter and shall relate to the equipment, use or operation of boats or to an activity regulated by
ss. 30.60 to
30.71.
30.77(3)(am)3.
3. If a public inland lake protection and rehabilitation district enacts an ordinance under this paragraph, the lake district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under
par. (a) that are applicable to the lake.
30.77(3)(am)3m.
3m. If a town sanitary district enacts an ordinance under this paragraph, the town sanitary district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under
par. (a) that are applicable to the lake.
30.77(3)(am)3r.
3r. If a public inland lake protection and rehabilitation district is created for an inland lake after a town sanitary district has enacted ordinances under
subd. 1m. for the lake, any ordinances enacted by the public inland lake protection and rehabilitation district supersede all of the following:
30.77(3)(am)3r.a.
a. Any conflicting provisions of a town, village or city ordinance enacted under
par. (a) that are applicable to the lake.
30.77(3)(am)3r.b.
b. Any conflicting provisions of a town sanitary district ordinance enacted under
subd. 1m. that are applicable to the lake.
30.77(3)(am)4.
4. If a town, village or city proposes to rescind a resolution that it adopted under
subd. 1. or
1m., and if the recision will result in less than 50 percent of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under
subd. 1. or
1m. or will result in less than 60 percent of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under
par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under
subd. 1. or
1m., the public inland lake protection and rehabilitation district ordinances or the town sanitary district ordinances are void.
30.77(3)(aw)1.1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under
par. (ac) 2. or a public inland lake protection and rehabilitation district or town sanitary district proposes to enact an ordinance for an inland lake under
par. (am) 1. b. or
1m. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.
30.77(3)(aw)2.
2. The town, village or city that has the most footage of shoreline of the lake within its boundaries and that is supporting the proposal shall publish a notice of the public hearing under
subd. 1. or
par. (ae) or
(am) 4. at least 30 days before the date of the hearing in one or more newspapers likely to give notice of the hearing in all towns, villages or cities that have jurisdiction over the lake. The notice shall be a class 1 notice under
ch. 985. The town, village or city publishing the notice shall send a copy of the notice at least 30 days before the date of the hearing to the department, each municipality having jurisdiction over the lake and each lake association for the lake.
30.77(3)(b)
(b) Any county may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact an ordinance applicable on any river or stream within its jurisdiction if the ordinance is not contrary to or inconsistent with this chapter, and if the ordinance relates to the equipment, use or operation of boats or to any activity regulated by
ss. 30.60 to
30.71. If a county enacts an ordinance under this paragraph, the county ordinance supersedes all provisions of a town, village or city ordinance enacted under
par. (a) that is inconsistent with the county ordinance.
30.77(3)(c)
(c) If any county operates any marina development adjacent to any waters of this state, the authority conferred upon any town, village or city under
par. (a) shall exclusively vest in the county in respect to enactment of local ordinances that relate to the development, operation and use of the marina facility and its adjoining waters.
30.77(3)(cm)
(cm) In enacting ordinances under
par. (a),
(am) or
(b) for a given body of water, municipalities and public inland lake protection and rehabilitation districts shall take into account factors that include all of the following:
30.77(3)(cm)1.
1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has.
30.77(3)(cm)2.
2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion.
30.77(3)(cm)3.
3. The degree to which the boating traffic on the body of water affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources.
30.77(3)(cr)
(cr) The types of ordinances that may be enacted under
par. (a),
(am) or
(b) include the following:
30.77(3)(cr)2.
2. Restrictions on certain types of boating activities on all, or in specified parts, of the lake, river or stream.
30.77(3)(cr)3.
3. Restrictions on certain types of boating activities during specified hours of the day or specified days of the week.
30.77(3)(d)
(d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by the public inland lake protection and rehabilitation district or town sanitary district to the department at least 60 days prior to final action thereon by the town, village, city or district governing body. Advisory reports regarding town, village, city, lake district or town sanitary district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city, lake district or town sanitary district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city, lake district or town sanitary district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.
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.
