Wisconsin Legislature: NAVIGABLE WATERS

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

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

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

Plats and platting

The application of secs. 236.16(3) and (4), Stats., which concern lake and stream shore plats, discussed in reference to proposed subdivisions which do not immediately abut a lake or stream, but where the subdivider holds an interest in lands lying between the proposed subdivision and the lake or stream. 66-85

The requirements of sec. 236.16(3), Stats., requiring subdivisions on navigable lakes or streams to provide public access does not apply to navigable lakes created by artificially enlarging a previously nonnavigable water course. The Department of Local Affairs and Development is not required by Executive Order No. 67 to object to a subdivision plat based on information supplied by the Department of Natural Resources that the plat is not in compliance with section NR 115 or section NR 116 Wis. Adm. Code. 64-146

Public trust

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

State lands

State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207

State responsibilities

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

Surveys

The duties of the head of the planning function in the Department of Local Affairs and Development in administering and coordinating plat proposal reviews under sec. 236.12, Stats., in checking for compliance with the minimum survey layout and format requirements set forth in secs. 236.15, 236.16, 236.20 and 236.21(1) and (2), Stats., do not trigger environmental assessment under sec. 1.11, Stats. The Department of Local Affairs and Development and the Department of Natural Resources are not required to undertake an environmental assessment in instances where a variance in the public access to navigable waters requirements of sec. 236.16(3), Stats., is proposed since such a review is impossible. (Unpub.). 93-1977

Tax, impost or duty impermissible

Water safety patrol officers

Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by Sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169

Waterway to alleviate periodic flooding

Dredging a navigable waterway to alleviate periodic flooding is not a prohibited "work of internal improvement" within the meaning of Wis. Const. art. VIII, sec. 10. 69-176

Zoning ordinances, local

NEIGHBORHOOD YOUTH CORPS

See LABOR, Child labor

NET PROCEEDS OCCUPATION TAX

See TAXATION, Indians

NEWSPAPERS

Legal notice

A county board may direct supplemental publication of legal notices in a newspaper other than the official newspaper, provided that the supplemental publication is in a newspaper meeting the requirements of sec. 985.03, Stats. However, only the publication in the official newspaper constitutes official publication of a legal notice. (Unpub.). 15-1976

A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in sec. 985.03(1)(a), Stats. 71-177

A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a), Stats. 71 Op. Att'y Gen. 177 (1982) discussed and adhered to. (Unpub.). 29-1986

News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for the communication of such notices. 77-312

Under section 120.11(4), Stats., a school district in which no newspaper is published may print legal notices of the proceedings of school board meetings in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a). Other legal notices required to be published by law may not be printed in such a shopper paper. 75-269

Medical Examining Board

Investigative hearings or meetings conducted by the Medical Examining Board must be given public notice whether conducted in closed session or open session. (Unpub.). 93-1976

Open Meeting

News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for the communication of such notices. 77-312

Open Meetings of Governmental Bodies Law, subch. IV of ch. 19, Stats., does not require that notice of a meeting be given by a legal notice of paid publication. Method of giving notice pursuant to sec. 19.84(1), Stats., discussed. 65-250

Public notice under sec. 19.84(2), Stats., for meeting of governmental body should be as specific as possible but a governmental body can discuss matters not specifically set forth in the notice and not known to chief presiding officer when the notice was given if the notice contains items similar to "such other matters as are authorized by law." Such procedure should be utilized with restraint. 66-143

Requirements of notice given to newspapers under sec. 19.84(1)(b) and (3), Stats., discussed. 66-230

Where a governmental body has convened in open session on proper notice, it can convene in closed session for proper purposes to discuss an element of subject matter for which the meeting was called, and which is proper to discuss in closed session, upon motion made and adopted with vote of each member recorded, if proper public announcement is made to those present at the meeting and if such closed session was not contemplated at the time notice for the open session was given. 66-106

Written request pursuant to sec. 19.84(1)(b), Stats., by news media for notice of meetings of governmental body should be filed with chief presiding officer or his designee and separate written request should be filed with each specific governmental body. 65-166