30.38(13)(b)(b) Subject to the limitations and conditions otherwise expressed in this section and to a budget approved by the municipal governing body, moneys in the harbor fund may be used for the acquisition, construction, improvement, repair, maintenance, operation and administration of the public harbor and harbor facilities and for the acquisition, chartering and operation of vessels under sub. (8) (b) 3. Except as provided in s. 30.34 (4), such moneys shall be paid out of the harbor fund only on orders signed by the president and secretary of the board, or some other official authorized by the board, after the allowance of claims by the board or on orders entered in the minutes of the board. Disbursements from the harbor fund shall be audited as other municipal disbursements are audited; however, the board may determine on some other procedure it deems appropriate for the consideration of claims and the reporting thereof notwithstanding the provisions of this paragraph. If a procedure other than that set forth in this paragraph is prescribed by the board, the approval of the chief auditing officer shall be obtained.
30.38(13)(c)(c) At the end of each fiscal year, the board shall compute its net revenue, if any, after paying the costs of operating, maintaining and improving the harbor. Thereupon, the board shall certify the amount of such net revenue, if any, to the municipal treasurer who shall cause such amount to be transferred from the harbor fund to the general fund of the municipality.
30.38(14)(14)Reports of expenditures. A board of harbor commissioners shall, on or before October 1 of each year, file with the clerk of the municipality which created the board, a detailed statement of the amount of money that will be required to meet its expenses and needs for the ensuing year, and the clerk shall place such statement before the governing body in due course so that it may levy such taxes and make such appropriations as it deems practical to defray the expenses and meet the needs and requirements of the board in the performance of its functions.
30.38(15)(15)Annual reports. A board of harbor commissioners shall make a report annually to the governing body of the municipality which created it, giving an account of its activities and an account of its revenues and expenditures in the preceding calendar year. Such report may contain such other matters as the board deems of interest, including such recommendations as it deems to be for the best interest of the municipality and its harbor, harbor facilities and shipping interests.
30.38 HistoryHistory: 1981 c. 238; 1985 a. 29; 1987 a. 27; 1991 a. 39; 1995 a. 130, 225; 1999 a. 150 s. 672; 2001 a. 16.
30.38 AnnotationA fee assessed for revenue purposes, which bears no relation to the costs of maintaining harbor facilities, is a tax that is not authorized under sub. (9). Racine Marina Associates v. City of Racine, 175 Wis. 2d 614, 499 N.W.2d 715 (Ct. App. 1993).
subch. IV of ch. 30SUBCHAPTER IV
LOWER WISCONSIN STATE RIVERWAY
Subch. IV of ch. 30 Cross-referenceCross-reference: See also RB and s. NR 103.04, Wis. adm. code.
30.4030.40Definitions. In ss. 30.40 to 30.49:
30.40(1)(1)“Agricultural use” means aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming.
30.40(1r)(1r)“Bluff zone” means land in the riverway in the areas that are 200 feet in width from behind the bluff line to 100 feet below the bluff line.
30.40(2)(2)“Board” means the Lower Wisconsin State Riverway board.
30.40(3)(3)“Boat” has the meaning given in s. 30.50 (2).
30.40(3g)(3g)“Forester” means a person who is employed by the department to carry out assigned forest management responsibilities or who has received a bachelor’s or higher degree from a school of forestry with curriculum accredited by the society of American foresters in the management of forest resources.
30.40(3r)(3r)“High-voltage transmission line” means a conductor of electric energy exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more, together with associated facilities or structures.
30.40(4)(4)“Highway” means a way or thoroughfare, except a waterway, that is used for vehicular travel by the public.
30.40(6)(6)“Mobile home” has the meaning given in s. 101.91 (10).
30.40(7)(7)“Modify” means to renovate, remodel, expand in size or otherwise change a structure that is not damaged or destroyed.
30.40(7m)(7m)“Nonmetallic mining” has the meaning given in s. 295.11 (3).
30.40(8)(8)“Pedestrian” has the meaning given in s. 340.01 (43).
30.40(9)(9)“Person” means a natural person, corporation, limited liability company, partnership, association, cooperative, unincorporated cooperative association, municipality or other local governmental unit, private or public utility, municipal power district, estate or trust, the United States, a federal agency, the state of Wisconsin or a state agency.
30.40(10)(10)Notwithstanding s. 30.01 (5), “pier” means a structure extending into the river from the shore with water on both sides.
30.40(10m)(10m)“Private drive” means a way in private ownership that is used for vehicular travel upon a single parcel of real property.
30.40(11)(11)“Private road” means a way or thoroughfare in private ownership and used for vehicular travel between 2 or more parcels of real property, not under common ownership, and a highway.
30.40(12)(12)“Public access site” means a site owned by the state or a municipality and that provides public access to the river for boats and for recreational users. “Public access site” includes a structure in conjunction with the site that is necessary for the operation and use by the public of the site.
30.40(12m)(12m)“Recreational trail” means an unpaved trail or pathway that is used for recreational purposes and is not necessary for access to the river due to the difficulty of the terrain.
30.40(13)(13)“Refuse” means combustible and noncombustible rubbish, including, but not limited to, ashes, paper, glass, cloth, wood, metal and litter.
30.40(14)(14)“River” means the Wisconsin River downstream from the dam at Prairie du Sac.