Wisconsin Legislature: Open meeting

The Department of Natural Resources has authority to assess a fee for firewood produced on state lands. Legislative committee recommendation that funding and positions be withdrawn from a proposed state wood energy program does not affect DNR authority to sell firewood. Although DNR has authority to sell firewood, there is no requirement that it do so. While DNR is not required to charge for firewood permits, it may do so. DNR does not have a fee schedule for the sale of firewood. 71-23

Fish and game

Department of Natural Resources has the power under secs. 29.50 and 30.77, Stats., to withhold stocking with fish from state hatcheries from bodies of water where public access is inadequate. Determination of adequacy of access rests on consideration of reasonableness of fee charged for use of public boat launching facilities as well as quantity of parking facilities provided. The Department may, but is not bound to, require that reason able access be afforded at all times to the general public. Larger fees may in some circumstances be imposed on larger boats, and large boat access probably could be regulated. Provision of special facilities for the handicapped is encouraged but not required. 68-233

The Department of Natural Resources is not prohibited from approving federal enforcement of federal steel shot regulations by federal agents on lands under their jurisdiction in the State during the 1980 waterfowl hunting season. 69-201

Forest Crop Law

A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246

Juvenile court

Citation and forfeiture procedures for juveniles as affected by chs. 300 and 359, Laws of 1979, are discussed. 70-67

Lakebed grants

The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107

Land acquisition files

Public's right under sec. 19.21, Stats., to inspect land acquisition files discussed. 63-573

Mining beneath beds of navigable lakes

Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976

The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107

Wisconsin Pollution Discharge Elimination System permit. 68-52

Navigable waters

1. Chapter 30, Stats., applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, Department of Natural Resources' jurisdiction depends upon the facts of each situation. 2. Whether navigable artificial drainage ditches need be connected to a navigable natural lake or stream in order that the Department of Natural Resources have jurisdiction depends upon the facts of each case. 3. The provisions of sec. 31.33, Stats., apply to nonnavigable artificial waterways insofar as is necessary to protect navigable waters and owners of flooded lands. 4. A permit pursuant to sec. 30.20(2)(c), Stats., is necessary for the removal of material from navigable natural or artificial bodies of water. A distinction need not be made between drainage ditches located in active versus inactive drainage districts. 63-493

Open meeting

Department of Natural Resources advisory committees that have at least some members who are not officers or employes of the DNR and that are appointed by the board, the secretary, district directors, bureau directors or property managers are subject to the open meetings law. 78-67

Permit requirements

The Department of Natural Resources does not have authority to waive the permit requirements of sec. 30.12(2), Wis. Stats., for individuals who would otherwise be subject to the statute; however, chs. 30 and 83, Stats., read together, indicate that county highway construction is not subject to the permit requirements of sec. 30.12(2), Stats. 64-91

Prospecting and mining activity within reservation boundaries

The state and tribal governments share jurisdiction to regulate prospecting and mining activity within reservation boundaries to the extent necessary to protect groundwater from contamination. 72-54

Prospecting on state park and forest lands

Railroad bridge repair

The Department of Natural Resources is not governed by section 190.08, Stats., relating to the duty of corporations to maintain bridges and other structures, where the Department of Natural Resources has acquired abandoned railroad property for the purpose of developing hiking and biking trails. 77-106

Spectator sport facilities

The Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63-519

Wardens

The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR's supervision, management and control including the power to arrest violators of state law on all bodies of water which lie exclusively within such area, as determined by facility boundaries. 68-326

Waste Management Fund

The Department of Natural Resources has the authority to reduce or waive the Waste Management Fund fee for solid waste resulting from mining upon a determination that the specific portions of a mine reclamation plan or related statutory undertakings will be sufficient to accomplish the purposes of sec. 144.441(3)(d), Stats., with respect to a type of waste or portion thereof. 68-374

Water pollution

Chapter 147, Stats., relating to water pollution control did not authorize DNR to regulate Indian reservations and lands since the Legislature, in adopting provisions fashioned after federal law, intentionally omitted Indian tribal organizations from the scope of coverage while charged with knowledge that the State generally lacks power to regulate within sovereign Indian territory. (Unpub.). 51-1978

The Department of Natural Resources must consider the effect on water pollution before it may issue a permit pursuant to sec. 30.12, Stats. (Unpub.). 31-1980

Wetlands activity permit program

Without more explicit direction from the Legislature, current statutory or case authority does not authorize the Department of Natural Resources to establish a wetlands activity permit program, although many marshes or wetlands can and should be brought within existing water regulatory statutes. 68-264

Zoning ordinances

The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the internal operations of DNR as a state agency. 81-56

NAVIGABLE WATERS

See also BOUNDARIES; RIPARIAN RIGHTS; STREAMS; WATER POLLUTION; WATERS

Anchored watercraft

Public rights in navigable streams permit reasonable use of the bottom for purposes of anchoring various types of watercraft while and only so long as a public right is being enjoyed. Anchored watercraft may not be left unattended except by a riparian owner. 63-601

Artificial drainage ditches

1. Chapter 30, Stats., applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, Department of Natural Resources' jurisdiction depends upon the facts of each situation. 2. Whether navigable artificial drainage ditches need be connected to a navigable natural lake or stream in order that the Department of Natural Resources have jurisdiction depends upon the facts of each case. 3. The provisions of sec. 31.33, Stats., apply to nonnavigable artificial waterways insofar as is necessary to protect navigable waters and owners of flooded lands. 4. A permit pursuant to sec. 30.20(2)(c), Stats., as necessary for the removal of material from navigable natural or artificial bodies of water. A distinction need not be made be tween drainage ditches located in active versus inactive drainage districts. 63-493

Artificial lakes

An artificial waterway connected with or located within 500 feet of a navigable waterway is a public waterway to which public access must be provided pursuant to sections 236.16(3) and 30.19(1)(a) and (5), Stats. 76-316

Bulkhead line

1. Where a bulkhead line has been established pursuant to sec. 30.11, Stats., a riparian owner must nonetheless obtain a permit or contract pursuant to sec. 30.20, Stats., prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 2. Where a bulkhead line has been established, a riparian owner may place a layer of sand or similar material landward of the bulkhead line without obtaining an additional permit pursuant to sec. 30.12(2)(b), Stats. 3. Where a bulkhead line has been established, the original ordinary high water mark presumably will be considered the ordinary high water mark for purposes of determining the applicability of sec. 30.19, Stats., although particular fact circumstances may dictate that the bulkhead line or the edge of the filled area should be considered the ordinary high water mark. 4. Where a township l

Criminal law

In order to obtain a conviction for violating sec. 30. 195, Stats., the State must show that the defendant changed the course of a navigable stream and that no permit to change the stream's course had been granted to the defendant. The State need not show that the changed portion of the stream was navigable, nor a specific intent to change the stream's course. 67-265

Fees for boat use; constitutional and unconstitutional

The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services," under sections 30.77(3)(e)1.c. and 33.475, Stats., is unconstitutional. 79-185

Mining beneath beds of navigable lakes and waters

Nonresident property owners

Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the Legislature to nonresident property owners, but only pursuant to a statewide referendum under Wis. Const. art. III, sec. 1(3). 69-32