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% 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% 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: