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), (ab), (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)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) or (ab) 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-referenceCross-reference: See also ss. NR 1.91, 5.15, and 5.19, Wis. adm. code. 30.77 AnnotationSub. (3) is an exception to sub. (2). A local ordinance prohibiting the operation of a motorboat on a lake on Sunday will not be held invalid pending determination of whether it is in the interest of public health or safety. Menzer v. Elkhart Lake, 51 Wis. 2d 70, 186 N.W.2d 290 (1971). 30.77 AnnotationA village was authorized under ss. 30.77 (3) and 61.34 (1) to enact an ordinance that granted exclusive temporary use of a portion of a lake for a public water exhibition. State v. Village of Lake Delton, 93 Wis. 2d 78, 286 N.W.2d 622 (Ct. App. 1979). 30.77 AnnotationReasonable fees under sub. (3) (e) 1. are discussed. Town of LaGrange v. Martin, 169 Wis. 2d 482, 485 N.W.2d 287 (Ct. App. 1992). 30.77 AnnotationDepartment of natural resources authority to insure free access to the state’s waters implicitly extends to the shore and public access facilities. Ordinances limiting nonresident parking at boating facilities and prohibiting boat trailer parking on streets were invalid. State v. Town of Linn, 205 Wis. 2d 426, 556 N.W.2d 394 (Ct. App. 1996), 95-3242. 30.77 AnnotationThe delegation of authority to local governments to collect boater fees for miscellaneous “recreational boating services” under ss. 30.77 (3) (e) 1. c. and 33.475 is unconstitutional. 79 Atty. Gen. 185. 30.77230.772 Placement and use of moorings; restrictions; permits. 30.772(1)(1) Authority. The department is authorized to regulate the placement and use of moorings. 30.772(2)(2) Restrictions. No mooring may be placed or used in any navigable waters if: 30.772(2)(a)(a) The mooring obstructs or interferes with public rights or interest in the navigable waters. 30.772(2)(b)(b) The riparian owner does not give written permission for the placement and use of the mooring. 30.772(2)(c)(c) The mooring or use of the mooring interferes with the rights of other riparian owners. 30.772(2)(d)(d) The mooring or use of the mooring adversely affects critical or significant fish or wildlife habitat. 30.772(2)(e)(e) The mooring anchor is placed more than 150 feet from the ordinary high-water mark, or more than 200 feet from the ordinary high-water mark if sub. (3) (a) 5. applies, unless one of the following occurs: 30.772(2)(e)1.1. A permit is obtained from the appropriate municipality and approved by the department. 30.772(2)(e)3.3. The mooring is properly within a designated mooring area. 30.772(2)(f)(f) The placement or use of the mooring violates a condition or restriction on a permit issued under sub. (4) or violates department rules. 30.772(3)(3) Municipal regulation of moorings; municipal permits; procedure. 30.772(3)(a)(a) Subject to department approval, the governing body of a municipality with jurisdiction over navigable waters may, by ordinance, adopt local regulations relative to the placement and use of moorings, including but not limited to regulations governing: 30.772(3)(a)1.1. The number of moorings for a specific distance of frontage or within a specific area. 30.772(3)(a)4.4. The safe distance of moored boats from any other moored boats, properly marked and established traffic lanes, properly marked swimming or bathing areas, or structures, including piers, rafts, docks and wharves. 30.772(3)(a)5.5. The placement or use of moorings up to 200 feet from the ordinary high-water mark, subject to all of the requirements of this section and s. 30.773, if applicable. 30.772(3)(am)(am) If the governing body of a municipality adopts an ordinance under par. (a) 5., any boat moored or anchored to a mooring placed within 200 feet of the ordinary high-water mark or within a designated mooring area is not required to be lighted, as provided in s. 30.61 (6) (a), regardless of whether the moored or anchored boat drifts beyond 200 feet from the ordinary high-water mark or outside of the designated mooring area, unless the local regulations require the boat to be so lighted. 30.772(3)(b)(b) The regulations shall not conflict with the uniform navigation aids system established by the department under s. 30.74 (2) or any rules adopted by the department under s. 30.74 (2). 30.772(3)(c)(c) A municipality shall submit local regulations proposed under this subsection to the department at least 30 days before the municipality votes to adopt the regulations. The department shall advise the municipality in writing of its approval or disapproval of each such regulation. No regulation disapproved by the department may be adopted by the municipality. Permits issued for moorings more than 150 feet from the ordinary high-water mark, or more than 200 feet from the ordinary high-water mark if par. (a) 5. applies, shall be submitted to the department for approval unless the permit is for a mooring within a designated mooring area. 30.772(3)(d)(d) The governing body of a municipality may, by ordinance, require a permit authorizing the placement and use of moorings, subject to all of the following: 30.772(3)(d)1.1. Mooring permits shall be issued only after the governing body, or a person designated by the governing body, determines that the mooring conforms to the provisions of this section and all applicable local regulations adopted under this section. 30.772(3)(d)2.2. Except as provided under subd. 4., if a mooring permit is issued under this section, no subsequent permit may be required unless the mooring location is changed. 30.772(3)(d)3.3. After a mooring permit is issued, the governing body of a municipality may revoke the mooring permit if the mooring subsequently violates any provision of this section or any local regulation adopted under this section. 30.772(3)(d)4.4. The provisions and procedures of ch. 68 shall apply to the grant, denial or revocation of a mooring permit by a municipality. 30.772(3)(e)(e) Any mooring, mooring anchor or mooring buoy which is placed or used in any navigable water in violation of this section or any local regulation adopted by a municipality under this subsection constitutes a public nuisance subject to s. 30.294. A municipality may, by ordinance, provide that any person who violates any local regulation adopted under this subsection is subject to a forfeiture not to exceed $50 for each such violation. The ordinance may also provide that each day during which the violation exists is a separate offense. 30.772(3)(f)(f) In addition to, or as an alternative to, the penalties specified in par. (e), the governing body of a municipality may remove unlawful moorings as provided under and pursuant to the procedures of s. 30.13 (5m). 30.772(4)(4) Department permits. The department may issue a permit authorizing the placement or use of a mooring beyond 150 feet from the ordinary high-water mark if the municipality does not have an established permit procedure, or more than 200 feet from the ordinary high-water mark if sub. (3) (a) 5. applies. The department may place conditions or restrictions on any permit issued under this subsection. 30.772(5)(5) Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries. 30.77330.773 Designated mooring areas. 30.773(1)(1) Establishment of designated mooring areas. Subject to department approval, a municipality with jurisdiction over navigable waters may establish designated mooring areas as provided in this section. 30.773(2)(2) Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that if the municipality created a board of harbor commissioners, the municipality is required to obtain the approval of that board in addition to the approval of the department. 30.773(3)(3) Standards for approval. In addition to requiring compliance with standards and procedures under s. 30.11 and sub. (2), the department shall grant an approval for the establishment of a designated mooring area only if: 30.773(3)(a)(a) The designated mooring area is more than 150 feet from the ordinary high-water mark. 30.773(3)(b)(b) The establishment and operation of the mooring area does not materially obstruct navigation. 30.773(3)(c)(c) The establishment and operation of the mooring area is not detrimental to public rights or interest in the waterway. 30.773(3)(d)(d) The mooring area is not within and does not adversely affect a critical or significant fish or wildlife habitat area. 30.773(3)(e)(e) The establishment and operation of the mooring area complies with all applicable zoning requirements. 30.773(3)(f)(f) The riparian owners agree in writing to the establishment of the mooring area and the area is to be used by the riparian owners or by others with the written consent of the riparian owners. 30.773(3)(g)(g) Use of the mooring area is not unfairly restricted or used to assert exclusive privileges for use of the navigable waters.
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Chs. 23-34, Public Domain and the Trust Funds
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