281.31(3)(a)(a) The department shall coordinate the activities of the several state agencies in managing and regulating water resources.
281.31(3)(b)
(b) The department shall make studies, establish policies and make plans for the efficient use, conservation, development and protection of the state's water resources and:
281.31(3)(b)1.
1. On the basis of these studies and plans make recommendations to existing state agencies relative to their water resource activities.
281.31(3)(b)2.
2. Locate and maintain information relating to the state's water resources. The department shall collect pertinent data available from state, regional and federal agencies, the University of Wisconsin, local units of government and other sources.
281.31(3)(b)3.
3. Serve as a clearinghouse for information relating to water resources including referring citizens and local units of government to the appropriate sources for advice and assistance in connection with particular water use problems.
281.31(5)(a)(a) The department shall prepare a comprehensive plan as a guide for the application of municipal ordinances regulating navigable waters and their shorelands as defined in this section for the preventive control of pollution. The plan shall be based on a use classification of navigable waters and their shorelands throughout the state or within counties and shall be governed by the following general standards:
281.31(5)(a)2.
2. Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source.
281.31(5)(a)3.
3. Areas in which the existing or potential economic value of public, recreational or similar uses exceeds the existing or potential economic value of any other use shall be classified primarily on the basis of the higher economic use value.
281.31(5)(a)4.
4. Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.
281.31(5)(a)5.
5. Use dispersions within an area shall be preferred over concentrations of uses or their undue proximity to each other.
281.31(5)(b)
(b) The department shall apply to the plan the standards and criteria set forth in
sub. (6).
281.31(6)
(6) Within the purposes of
sub. (1) the department shall prepare and provide to municipalities general recommended standards and criteria for navigable water protection studies and planning and for navigable water protection regulations and their administration. Such standards and criteria shall give particular attention to safe and healthful conditions for the enjoyment of aquatic recreation; the demands of water traffic, boating and water sports; the capability of the water resource; requirements necessary to assure proper operation of septic tank disposal fields near navigable waters; building setbacks from the water; preservation of shore growth and cover; conservancy uses for low lying lands; shoreland layout for residential and commercial development; suggested regulations and suggestions for the effective administration and enforcement of such regulations.
281.31(7)
(7) The department, the municipalities and all state agencies shall mutually cooperate to accomplish the objective of this section. To that end, the department shall consult with the governing bodies of municipalities to secure voluntary uniformity of regulations, so far as practicable, and shall extend all possible assistance therefor.
281.31(8)
(8) This section and
ss. 59.692,
61.351 and
62.231 shall be construed together to accomplish the purposes and objective of this section.
281.31(10)
(10) A person aggrieved by an order or decision of the department under this section may cause its review under
ch. 227.
281.31 Annotation
A prohibition against filling in wetlands pursuant to an ordinance adopted under ss. 59.971 and 144.26 [now 59.692 and 281.31] does not amount to a taking of property unconstitutionally. Police powers vs. eminent domain discussed. Just v. Marinette County,
56 Wis. 2d 7,
201 N.W.2d 761.
281.31 Annotation
The concept that an owner of real property can, in all cases, do as he pleases with his property is no longer in harmony with the realities of society. The supreme court herein adopts the "reasonable use" rule codified in the second Restatement of the Law of Torts. State v. Deetz,
66 Wis. 2d 1,
224 N.W.2d 407.
281.31 Annotation
The powers of a drainage board are not superseded by a shoreline zoning board or the department; however, drainage ditches which are navigable are within the jurisdiction of the department under s. 144.26 (2) (d) [now s. 281.31 (2) (d)]. 63 Atty. Gen. 355.
281.31 Annotation
The necessity of zoning variance or amendments notice to the Wisconsin department of natural resources under the shoreland zoning and navigable waters protection acts. Whipple, 57 MLR 25.
281.31 Annotation
The public trust doctrine. 59 MLR 787.
281.31 Annotation
Water quality protection for inland lakes in Wisconsin; a comprehensive approach to water pollution. Kusler, 1970 WLR 35.
281.31 Annotation
Land as property; changing concepts. Large, 1973 WLR 1039.
281.31 Annotation
Wisconsin's Shoreland Management Program: An Assessment With Implications for Effective Natural Resources Management and Protection. Kuczeski. 1999 WLR 273.
281.33
281.33
Construction site erosion control and storm water management.