CHAPTER30docs.legis.wisconsin.gov/document/statutes/1981/30.pdfCHAPTER30 GENERAL PROVISIONS 3001 Definitions. 30.. 02. General provision for notice and hearing. . 30,025 Optional permitprocedurefor

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NAVIGABLE WATERS, HARBORS AND NAVIGATION

Contracts ; competitive bidding ; exceptions . .Har bor railway belt linesFinancing har bor improvements and operations

generally .Financing harbor improvements through bonds or

notes .Boards of harbor commissioners authorized .Powers and duties of boards of harbor

commissioners .REGULATION OF BOATING

Definitions .Capacity plates on boats.Operation of unnumbered boats prohibited ;

exemptions . .Certificates Of number ; applications ; issuance; re-

newals; fees .Identification number to be displayed on boat ; cer-

tificate to be carried .Transfer of ownership of numbered boatNotice of abandonment or destruction of boat or

change of add ress . .Classification of motorboats .Lighting equipment,Other equipment .Sale an d use of certain outboard motors restricted .Motor-boat prohibitionPatrol boatsTraffic rules. .Speed restrictions.Accidents and accident reports,.Distress signal flag,Prohibited operationWater skiing . .Skin di ving. .Boats equipped with toilets .Watercraft use regulations, lower St . Croix river .Use regulations, B rule river .Additional functions of department. .Limited jurisdiction for administration and en-

forcement of navigation aids by municipalities,Service of process on nonresident .Local regulation of boating .Municipal regulation of seaplanes..Municipal water safety patrols; state aids ..Penalties,Local regulations on icebound inland waters .Public access to Lake Lions ..Recreational boating facilitiesParties to a violation.

306030 6130:. 6230633063530. 6430. : 6530 .6630 .673067530 .683069307030 ..'71 . .30 .: 7230 7330 ..' 7430 ..' 745

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harbor, including transportation facilities of alltypes, terminal and storage facilities of all types,wharves, piers, slips, basins, ferries, docks, bulk-heads and dock walls, and floating and handlingequipment, power stations, transmission linesand other facili ties necessary for- the mainte-nance and operation of such harbor ' facilities , .

(4) "Pier" means any structure extendingchannelward from the shore with water on bothsides, built or maintained for the purpose ofproviding a berthing or mooring place for, water-craft or for loading or unloading cargo or pas-sengers onto or, from watercraft,

(1) "Municipality" means any town, village,city or county in this state . .

(2) "Governing body" means, with referenceto a town, the town board, with reference to avillage, the village board of trustees, with refer-ence to a city, the city council, and with refer-ence to a county, the county board .

(3) "Harbor' facility" means every facilityuseful in the maintenance or, operation of a

30.01 NAVIGABLE WATERS, HARBORS AND NAVIGATION

CHAPTER 30

GENERAL PROVISIONS3001 Definitions ..30.. 02 . General provision for notice and hearing . .30,025 Optional permit procedure for certain electric gen-

erating facilities and high-voltage transmissionlines.

3003 Enforcement of forfeitures ; abatement of nui-sances; infringement of public rights ,

30 , 04 Shore and dock lines not invalidated .30,05 Applicability of chapter to municipally-owned sub-

merged shore lands. .3006 Waiver of certain provisions of this chapter. .

NAVIGABLE WATERS AND NAVIGATION INGENERAL

3010 Declarations of navigability , `'3011 Establishment of bulkhead lines ..30.. 12 Structures and deposits in navigable waters prohib-

ited; exceptions; penalty ,30121 Regulation o f boathouses and houseboats,30122 Unauthorized structures ,30 .123 Municipal br idge construction,30 .125 Cutting weeds in navigable waters a nuisance;

penalty .3013 Regulation of wharves and piers ; establishment of

piet head l ines:30 . 14 Reports of and hearings on violations ,30 15 Penalty for unlawful obstruction of navigable

waters..30. 16 Removal of obstructions to navigation.30..17 Interfering wi th buoy or beacon .30,18 Diversion of water from lakes and streams ,30 . 19 Enlargement and protection of waterways .30. . 195 . . Changing of stream courses ..30.. 196 Enclosure of navigable water s; issuance of permits

to municipalities .30. 20 Removal of mater ial from beds of navigable waters . .30. . 202 Dredge disposal in and near the Mississippi, St .

Croix and Black livers by the U , 8 corps ofengineers.

30,21 Use of beds of Great Lakes by public utilities .3024 Transfer of Fox river facilities30 ..25 . Wolf river protection,30,26 Wild livers .30.27 Lower St .. Croix river preservation ,30.28 Fee for permits and approvals .30.29 Operation of motor vehicles in waters prohibited ..DEVELOPMENT AND OPERATION OF HARBORS

30 .30 Municipal authority to make harborimprovements .

3031 Procedural and other ' requirements to be followedin making harbor improvements..

GENERAL PROVISIONS

30.01 Definitions . In this chapter

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30.. .3 '7.3038

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3052

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305430.:55

Electronically scanned images of the published statutes.

777 NAVIGABLE WATERS, HARBORS AND NAVIGATION 30.03

(5) "Wharf" means any structure extendingalong the shore and generally connected withthe uplands throughout its length, built or main-tained for the purpose of providing a berthing ormooring place for watercraft or for, loading orunloading cargo or passengers onto or fromwateccraft .

(6) "Waterciaft" means any contrivanceused or designed for navigation on water..

(7) "Department" means the department ofnatural resources .

(8) "Secretary" means the secretary of natu-ral resources ..

30 .02 General provision for notice andhear ing. In any proceeding under this chapteror ch 31 where a hearing by the department isrequired and there is no specific provision as tothe time and manner of giving notice thereof', thedepartment shall follow the procedures set forthin s . .31 ..06 ..History: 1973 c . :90; 1981 c . 390:

30.025 Optional permit procedure forcertain electric generating facilities andhigh-voltage transmission lines . (1) Anyelectric utility, as defined in s : 196 . :491 (1),proposing to construct a facility, as defined in s . .196.491 (1), which facility is to be locatedadjacent to a waterway in such a manner as torequire one or more permits to be issued underthis chapter and ch. 31 may, in lieu of'separateapplication for permits under those chapters,submit an engineering plan together with anyadditional information required by the depart-ment. Such plan shall be,f'iled with the depart-ment within 20 days after an application for' acertificate of'public convenience and necessity isfiled with the public service commission under s .f96„491 (3), The department may requiresupplemental information to be furnishedthereafter :

(2) Once electric utilities have met the re-quirements of sub (1), the department shallschedule the matter for public hearing : . Noticeof the hearing shall be given to the applicant andshall be publishedd as a class 1 notice underr ch985. The department may give such furthernotice as it deems proper, and shall give notice topersons requesting same.. One copy of theapplication shall be available for- public inspec-tion at the office of the department, at least onecopy in the district office of'the department andat least one copy at the main public library of'thearea affected .

(3) The department shall grant the neces-sary permits if'; after hearing, it finds that theapplicant has shown that the proposal :

30 .03 Enforcement of forfeitures; abate -ment of nuisances ; infringement of publicrights. (1) The department shall report to thegovernor every forfeiture incurred under andevery nuisance committed in violation of thischapterr or eh ., 31 .

(2) The attorney general, when so requestedby the governor, or a person authorized by thegovernor to act instead of the attorney general,and otherwise the district attorney of the propercounty, shall institute proceedings to recoverany f'orf'eiture incurred or abate any nuisancecommitted under this chapter or ch . .31 ..

(3 ) All forfeitures shall be recovered by civilaction as provided in ch. 778 and when collectedshall be paid directly into the state treasury .

(4) (a) Whenever there comes to the atten-tion of the department a possible violation of thestatutes relating to navigable waters, or, a possi-ble inf'r'ingement ofthe public fights therein, andit appears to the department that the publicinterest may not be adequately served by imposi-tion of penalty or forfeiture, the departmentmay proceed as follows, either in lieu of or inaddition to such other relief as may be providedby law . . The department may, upon at least 10days' notice, conduct a hearing respecting suchviolation or infringement, pursuant to ch . 227and issue an order' directing the parties responsi-ble ther efor to perform or refrain from perform-ing such acts as may be necessary to fully protectand effectuate the interests of the public in thenavigable waters. If any person fails or neglectsto obey such an order while the same is in effect,thee department may request the attorney gen-eral to institute proceedings for the enforcementof the department's order, and it is the duty of theattorney general to conductt such proceedings inthe name of"the state. Such proceedings shall be

(a) Complies with environmental statutesadministered by the department and rulesadopted thereunder, and federal environmentalstandards which the department has authorityto enforce,

(b) Does not unduly affect :1 . . Public rights and interests in navigable

waterways ;2 The effective flood flow capacity of a

stream ;3 . The rights of other riparian owners ; or4 . Water quality .(4) The permit may be issued upon stated

conditions deemed necessary to assure compli-ance with the criteria designated unde r sub. (3) . .The department shall grant or deny the applica-tion within the time limit applicable under s..196 , 491 (3) (f') .

History : 1975 o, 68.


30.03 NAVIGABLE WATERS, HARBORS AND NAVIGATION 778

30 .10 Declarations of navigabil ity. (1)LAKES, All lakes wholly or partly within thisstate which are navigable in fact are declared tobe navigable and public waters, and all personshave the same rights therein and thereto as theyhave in and to any other navigable or publicwaters .

(2) STREAMS, Except as provided under sub . .(4) (c), all streams, sloughs, bayous and marshoutlets, which are navigable in fact for anypurpose whatsoever, are declared navigable tothe extent that no dam, bridge of other obstruc-tion shall be made in or over the same withoutthe permission of the state .

(3) ENLARGEMENTS OR IMPROVEMENTS INNAVIGABLE WATERS . All inner, harbors, turningbasins, waterways, slips and canals created byany municipality to be used by the public forpurposes of navigation, and all outer harborsconnecting interior navigation with lake naviga-tion, are declared navigable waters and aresubject to the same control and regulation thatnavigable streams are subjected to as regardsimprovement, use and bridging .,

(4) INTERPRETATION, . (a) This section doesnot impair the powers granted by law under s . .30,123 or by other law to municipalities toconstruct highway bridges, arches or culvertsover streams . .

(b) The boundaries of lands adjoining watersand the rights of'the state and of individuals withrespect to all such lands and waters shall bedetermined in conformity to the common law sofar as applicable, but in the case of a lake orstream erroneously meandered in the originalU,.S .. government survey, the owner of title tolands adjoining the meandered lake or stream,as shown on such original survey, is conclusivelypresumed to own to the actual shore lines unlessit is first established in a suit in equity, broughtby the U ..S.: government forthat purpose, thatthe government was in fact defrauded by suchsurvey . If the proper claims of adjacent ownersof riparian lots of lands between meander andactual shore lines conflict, each shall have hisproportion of such shore lands .

(c) Notwithstanding any other provision oflaw, farm drainage ditches are not navigablewithin the meaning of this section unless it isshown that the ditches were navigable streamsbefore ditching. For purposes of this paragraph,"farm drainage ditch" means any artificialchannel which drains water from lands whichare used for agricultural purposes .History: 1977 c. 190, 272, 418 ; 1981 c.. 339 .Where there are 2 ownerss of land adjacentt to a disputed

parcel erroneo usly meandered unde r ( 4 ) th e judge is to dividethe parcel proportionately on an equitable, but not necessarily

30.06 Waiver of certain provisions of thischapter. The department, by rule, may waivethe applicability to specified navigable waters ofthe United States of all or part of 'those provi-sions of this chapter' which relate to the estab-lishment of bulkhead or pierhead lines or theplacing of structures or deposits in navigablewaters or the removal of materials from the bedsof navigable waters . . The department may adoptsuch rule only after it has entered into anagreement with the appropriate federal agencywherein it is agreed that the comparable federallaw will be enforced on the waters in question inlieu of the state law which is being waived .. Theobjective of such agreement shall be to avoidduplication of administration with respect tonavigable waters over which this state and theU.S. government have concurrent ,jurisdiction,in those situations wherein administration by asingle governmental . agency willl tend to avoidconfusion and the necessity of obtaining permitsfrom both the state and federal governments bythose who are subject to the law and at the sametime willl adequately protect the public interest ..The agreement may contain such further provi-sions as are designed to achieve this objective..History: 1981 c .. 390 s .. 252.2

brought in the manner and with the effect of'proceedings under s . 1 1 L07 (7)

(b) No penalty may be imposed for violationof an order of the department under this subsec-tion, but violation of a,judgment enforcing theorder' may be punished as contempt of cou r t..

History : 197 9 c . 3 2 s . 9 7(8 ) ; 19'7 9 c 25'7; 1981 c . . .390..Initiation of ' prceeedings under ( 4) discu ssed :. Omernick, .

Dept. of' Natural Re sources, 100 W ( 2d ) 234 , 3 01 NW (2d)437 (1981) .

30 .04 Shore and dock lines not invali-dated . A shore line lawfully established prior toJanuary 1, 1960 is deemed to be a lawfullyestablished bulkhead line subsequent to suchdate . . A dock line lawfully established prior toJanuary 1, 1960 is deemed to be a lawfullyestablished pierhead line subsequent to suchdate.

30 .05 Applicability of chapter to munici-pally-owned submerged shore lands. Noth-ing in this chapter relative to the establishmentof bulkhead or pierhead lines or the placing ofstructures or' deposits in navigable waters or theremoval of materials from the beds of navigablewaters is applicable to submerged shore lands inLake Michigan, the title to which has beengranted by the state to a municipality . .

NAVIGABLE WATERS ANDNAVIGATION IN GENERAL


NAVIGABLE WATERS, HARBORS AND NAVIGATION 30.11779

equal, basis, Kind v . Vitas County, 56 W (2d) 269, 201 NW(2d) 881 .

Th e DNR properly considered the existence of beaverdams and ponds an d the periods of high water caused bys pringg runoffs in determining the navigability of the creek,s ince the dams and pond s w ere n ormal and na tu ra l to thestream, and the periods of high water were of a regularly re-curring ann u al nature . DeGayner & Co . v . DNR, 70 W (2d)9.36, 2.36 NW (2d) 217,Where error in survey results in lot on meandered lake be-

ing divided by lake, common law rule that owner of land onmeandered lake takes only to the actual shoreline controls .Thu s, owner does not have "proper claim" to the isolated par-cel, making (4) (b) inapplicable . Parcels separated by lakeare n ot "a djacent' under (4) ( b ) . Com'rs, of Bd, of PublicLands v.. Thiel, 82 W (2d) 276, 262 NW (2d) 522 . .This c h apter applies to navigable ditches that were origi-

nally naviga ble streams. : If a navigable ditch was originallynonn avigable or had no previous stream history, the depart-ment's j urisdiction depends upon the facts of each situation ..63 Atty.. Gen .. 493 .

Erroneously meandered lakeshore - the status of the law asit affects title and distribution 61 ML R 515 . .

The Muench case : A better test of navigability .. Edwards,1957 WLR 486 ..

30.11 Establishment of bulkhead lines .(1) WHO MAY ESTABLISH, Any municipalitymay, subject to the, approval of the department,by ordinance establish a bulkhead line and fromtime to time reestablish the same along anysection of the shore of any navigable waterswithin its boundaries .

(2) STANDARDS FOR ESTABLISHING, Bulk-head lines shall be established in the publicinterest and shall conform as nearly as practica-ble to the existing shores, except that in the caseof leases under sub (5) and s .. 24 39 (4) bulk-head lines may be approved farther- from theexisting shoreline if they are consistent with anda part of any lease executed by the board ofcommissioners of public lands ..

(3) How ESTABLISHED, Whenever any mu-nicipality proposes to establish a bulkhead lineor to reestablish such à line already in existence,the municipality shah indicate both the existingshore and such proposed bulkhead line upon amapp and shall file with the department for itsapproval 3 copies thereof' together with 3 copiesof the ordinance establishing the bulkhead line .Such map shall use a scale of not less than 100feet to an inch or such other scale as may berequired by the department: Upon: approval bythe department, the municipality shall file thecopies of the map and ordinance as follows : onein the office of the department, one in the officeof the clerk of the municipality, and one in theoffice of the register of deeds of the county innwhich the waters lie . No such lines are legallyestablished until such copies of the map andordinance have been so approved and filed .

(4) RIPARIAN RIGHTS PRESERVED. Establish-ment of a bulkhead line shall not abridge theriparian rights of riparian proprietors ., Riparianproprietors may place solid structures or fill upto such line . violation of such lease .

(5) FINDING OF PUBLIC INTEREST ., (a) Prior-to the execution of any lease by the board ofcommissioners of public lands of rights to sub-merged lands or rights to fill in submerged landsheld in trust for the public under s . 24 .. 39, thedepartment of natural resources shall determineeither, with or without a public healing whetheror not the proposed physical changes in the areacontemplated as a result of the execution of suchlease are consistent with the public interest . .Thirty days before determining whether suchfinding should or should not be made the depart-ment of natural resources shall notify in writingthe clerk of the county and clerk of the city,village or town in which such changes are con-templated, the department of health and socialservices, and the US, Army Corps of Engineers,of the application for the lease . In making itsfinding the department of natural resourcesshall give consideration to all reports submittedto it . . For leases appliedfor, under s.. 24 .. 39 (4)(a) 2, the department shall not approve thelease if it appears to threaten excessive destruc-tion of wildlife habitat .

(b) When considering leases to allow certaininitial improvementss such as, but not restrictedto, filling on submerged lands to create sites for,further facilities, the department may deter-mine whether such initial improvements areconsistent with the public interest in the naviga-ble waters involved even though the exact finaluse to which these improvements will be put isnot known . The department, at the time it findsthat a proposed lease would be consistent withthe public interest in the navigable waters in-volved; may include in its fi ndings such limita-tions upon the use of improvements as it consid-ers necessary to confine their use to functionsprimarily related to water' transportation o rotherwise of public bene fit „ The board of com -missioners of public lands shall include in thelease such limitations on final use as is deter-mined by the department . .

(c) Upon the complaint of any person to thedepartment that current use made of lightsleased under, s. 2439 (4) is inconsistent withboth l .. its original findings, and 2 . . the publicinterest, the department shall hold a publichearing thereon after , the publication of a class 2notice, under ch . 985 ' If the depa rtment findsthat the present use conforms neither to itsoriginal finding nor to the present public inter-est; it shall submit its findings to the governor,and the governor may cause the attorney generalor the district attorney of the p t,oper county tobring action in the name of the state in a court ofcompetent jurisdiction to declare the lease ter-minated and to institute appropriate action for 'removal of ' structures or, cessation of practices in


30. 11 NAVIGABLE WATERS , HARBORS AND NAVIGATION 780

ment for a permit . . The department shall reviewthe application and inspect the location in-volved . The department may disapprove theapplication if it finds the proposed structure ordepositt will materially impair navigation or bedetrimental to the public interest .. The depart-ment shall issue the permit or notify the appli-cant in writing of the disposition of theapplication

(4) DEPARTMENT OF TRANSPORTATION AC-TIVITIES ; EXEMPTION ; INTERDEPARTMENTAL CO-ORDINATION OF ENVIRONMENTAL PROTECTIONMEASURES, (a) Activities affecting waters of thestate as defined in s ,. 144.01 that are carried outunder the direction and supervision of the de-partment of transportation in connection withhighway and bridge design, location, construc-tion, reconstruction, maintenance and repair arenot subject to the prohibitions or permit orapproval requirements specified under this sec-tion or s .. 29. 29, .30 , 11, 30.195, 30 . 20, 59 .. 971,61,351, 62 .231, 87 .. .30 or, ch„ 144 or 147. How-ever, at the earliest practical time prior to thecommencement of these activities, the depart-ment of transportation shall notify the depart-ment of the location, nature and extent of theproposed work that may affect the waters of thestate .

(b) The exemption under par . (a) does notapply unless the activityy is accomplished inaccordance with interdepartmental liaison pro-cedures established by the department and thedepartment of transportation for the purpose ofminimizing the adverse environmental impact,if any, of the activity , .

(c) If the department determines that there isreasonable cause to believe that an activitybeing carried out under this subsection is not incompliance with the environmental protectionrequirements developed through interdepart-mental . liaison procedures, it shall notify thedepartment of transportation. Iff the secretaryandthe secretary of transportation are unable toagree upon the methods or time schedules to beused to correct the alleged noncompliance, thesecretary, notwithstanding the exemption pro-vided in this subsection,, may proceed with en-forcement actions as the secretary deemsappropriate . .

(d) The department of transportation andthe department shall exchange information andcooperate in the planning and carrying out ofsuch activities in order to alleviate, to the extentpractical underr the circumstances, any potentialdetrimental encroachment on the waters of thestate . .

(e) Except as may be required otherwiseunder s ., 1 . . 11, no public notice or hearing isrequired in connection with any interdepart-

30.12 Structures and deposits in naviga-ble waters prohibited ; exceptions ; penalty.(1) GENERAL PROHIBITION, Except as providedunder'r sub . (4), unless a permit has been grantedby the department pursuant to statute or thelegislature has otherwise authorized structuresor deposits in navigable waters, it is unlawful :

(a) To deposit any material or to place anystructure upon the bed of any navigable waterwhere no bulkhead line has been established ; or

(b) To deposit any material or to place anystructure upon the bed of any navigable water,beyond a lawfully established bulkhead line .,

(2) PERMITS 'TO PLACE STRUCTURES OR DE-POSITS IN NAVIGABLE WATERS ; GENERALLY . Thedepartment, upon application and after notice asprovided under s . 31,06 and hearing, may grantto any riparian owner a permit to build ormaintain for the owner's use a structure other-wise prohibited by statute, if the structure doesnot materially obstruct navigation or reduce theeffective flood flow capacity of a stream and isnott detrimental to the public interest, Theprocedures in this subsection do not applyy topermits issued under' sub .. (3) .

(3) PERMITS TO PLACE CERTAIN STRUCTURESOR D EPOSITS IN NAV IGABLE WATERS. (a) Thedepartment, upon application and investigation,may grant to a riparian owner r a permit to :

1„ Place a layer of sand or similar material onthe bed of a lake adjacent to the owner's prop-erty for the purpose of improving recreationaluse.

2. Place a fish crib or, similar device on the bedof a lake for the purpose of improving fishhabitat .

3. Place riprap or similar material on the bedand bank of navigable waters adjacent to anowner'ss property for the purpose of protectingthe bank and adjacent land from erosion.4. Place ; crushed rock or gravel, reinforced

concrete planks, adequately- secured treatedtimbers, cast in place concrete or similar mate-rial on the bedd of a navigable stream for thepurpose of" developing a ford if an equal amountof material is removed from the stream bed . .

(b) A person who seeks to place structures ordeposits under par .. (a) shalll apply to the depart-

A bulkhead line is not merely the natural shoreline but onelegislatively established by a municipality, hence it may differfrom the existing shoreline an d is also distinguishable fromthe low- and high-water marks as heretofore judicially de-fine d . State v,. McFarren, 62 W (2d) 492, 215 NW (2d) 459 . .Where a bulkhead line has been established, a riparian

owner must nonetheless obtain a permit or contract pursuantto 30 20 prior to removing material from the bed of a naviga-b le water landward of the bulkhead line, but within the origi-nal ordinary high water mark . 63 Atty . Gen.. 445 . .A bulkhead line is not legally established until filing re-

quirements of (3) are met, . A bulkhead line established by atown on lands subsequently annexed to a municipality whichhas n ot es ta blished such line, remains in effect. 64 Atty.. Gen . .112,


781 NAVIGABLE WATERS , HARBORS AND NAVIGATION 30 . 125

30 . 121 Regulation of boathouses andhouseboats. (1) DEFINITIONS, In this section :

(a) "Boathouse" means a permanent struc-ture used for the storage of watercraft andassociated materials and includes all structureswhichh are totally enclosed, have roofs or walls or,any combination of structural parts.

(b) "Fixed houseboat" means a structure notactually used for navigation which extends be-yond the ordinary highwater, mark of a naviga-ble waterway and is retained in place either bycables to the shoreline or by anchors orspudpoles attached to the bed of the waterway ..

(2) Pxoxistrioxs. After December 16, 1979no boathouse or fixed houseboat may be con-structed or placed beyond the ordinary high-water mark of any, navigable waterway .

(3) MAINTENANCE, After December 16,1979, the owners of any boathouse or, fixedhouseboatt extending beyond the ordinary high-water mark of any navigable waterway mayrepair and maintain the boathouse or fixedhouseboat : if the cost of the repair or mainte-nance does not exceed 50% of the equalizedassessed value of the boathouse or fixed house-boat or, if the boathouse or fixed houseboat isnot subject to assessment, if the cost of the repairor maintenance does not exceed 50% ofthecurrent fair market value .

(3m) ` ExcEr'r[oty, Notwithstanding .g subs . .(2) and (3), a person may construct, repair ormaintain a single-story boathouse over, a water'enlargement for a boatslip permitted under s ..30 .19 if:

(a) The boathouse does notextend beyondthe ordinary highwater mark as it existed priorto the creation of the enlargement ;

(b) The boathouse covers the entire enlarge-ment; and

30.122 Unauthorized structures. All per-manent alterations, deposits or structures af-fecting navigable waters, other than boathouses,which were constructed before December 9,19777 and which did not require a permit at thetime of construction, shall be presumed in con-formity with the law, unless a written complaintis filed within 180 days of December 9, 1977,Upon: the filing of a complaint, the departmentshall proceed with an action to enforce theapplicable statutes ..History : 1977 c . . 189..

30 .123 Municipal bridge constru ction .Municipalities which construct or reconstructhighway bridges, arches or culverts shall not berequired to obtain permits under s . 30.10, 30 ., 12or .31'..2.3 for such construction or reconstruction .All municipal highway bridges, arches or, cul-verts shall be constructed in accordance withstandards developed under. s . 84,01 (23)History: 1977 c.. 190, 272..

30.125 . Cutting weeds in navigable waters8l1UIS8flCA ; penalty. (1) REMOVAL OF WEEDS

mental consultation and cooperation under' thissubsection ..

(5) PENALTY, Any per-son violating this sec-tion or any term or condition of a permit issuedpursuant thereto shall be fined not more than$1,000 or imprisoned not more than 6 months orboth .

History: 1975 c. 25 0 , 421; 1 91'1 c. . 130, 447 ; 1981 c.. 226 ,330; 1981 c . .390 s 252. .

In a state proceeding to enfo rce a depa r tment o rder requir-ing an owner of land a butting a n aviga ble l ake to remove aquantity of fill , the burden of pro of is on the state to establishthe nonexistence of 'a bulkhead line.. Sta te v. . McFarren; 62 W(2d) 492, 2 15 NW (2 d ) 4 59..

Sub. (I) (a) was not intended to apply to conduct whichonl indirectly and un intention ally result s in deposits on lakebeds. State v. Deetz, 66 W ( 2d) 1 , 224 NW (2d) 407 .

Where DNR decisi on prohibited st ructure under th is sec-tion and riparian owner did not seek r eview under 227. .20,trial court had no jurisdiction to hea r action byowner seekingdeclaration that s tructure was a permitted "pier" under30. 13.. Kosmatka v ,. DNR, 77 W (2d) 558 , 253 NW (2d)8 87 .

See note to 30.11, citing 6.3 Atty.. Gen, 445.

(c) No living quarters or, plumbing fixturesare constructed in the boathouse . .

(4) MAJOR REPAIR, ABANDONED STRUC-TURES AND OBSTRUCTIONS TO NAVIGATION . Theowner of a boathouse or a fixed houseboat whichextends beyond the ordinary highwater mark ofany navigable waterway and which is in a majorstate of disrepair or is a material obstruction tonavigation may be ordered by the department toremove thee structure from the waterway. Thedepartment shall follow the procedures set forthin s . 30 . . 03 . (4) (a) for ordering removal of astructure . If such a structure is abandoned andthe department, after due diligence, cannot lo-cate the owner, the department shall utilize theprocedures set forth ins, 29,04 (1) for removingthe abandoned structure..

(5) APPLICABILITY. Boathouses or fixedhouseboats owned by the state or, by local unitsof government shall comply with this section ..This section does not apply to any structuredesignated as a national, state or local historicallandmark .

(6) RULES. The department may promulgaterules deemed necessary to ca r ry out the purposesof this section :

(7) PErrnL xt E S., Any person who constructs,owns or maintains a boathouse or fixed house-boat in violation of this section or, in violation ofany order issued under this section shall forfeitnot less than $10 nor more than $50 for eachoffense. Each day a structure exists in violationof " this section constitutes a separate offense.

History: . 197 9 c . 101 ; 1981 c .. 117.



(4) UNLAWFUL OBSTRUCTION . (a) Illt@l-feres with public rights . A wharf or pier whichinterferes with public rights in navigable watersconstitutes an unlawful obstruction of navigablewaters unless a permit is issued for the wharf orpier under s .30.. 12 or unless authorization forthe wharf' or pier is expressly provided .

(b) Interferes with riparian rights. A wharf'or pier which interf 'er ' es with rights of otherriparian proprietors constitutes an unlawful ob-struction of navigable waters unless a permit isissued for the wharf or pier ' under s . 30 . 12 orunless authorization for the wharf or pier isexpressly provided .

(c) Extends beyond pierhead lfne, exception..A whar'f ' or pier which extends into navigablewaters beyond any pierhead line establishedunder sub . (3) constitutes an unlawful obstruc-tion of navigable waters unless a valid permit,license or authorization for- the wharf or pier isgranted or unless it is a permissible preexistingwharf or pier„ A wharf or pier is a permissiblepreexisting wharf or pier if it existed prior to theestablishment of the pierhead line, if it is notextended of expanded after, that date and if theownership of ' the land to which it is attached didnot change after' that date except that a wharfofpier continues its status as a permissible preex-isting wharf or pier' for one year, after ' the datethe change of ownershipp is recorded . The sea-sonal removal of a wharf' or pier does not affectits status as a permissible preexisting wharf orpier if it is reestablished in substantially thesame form . Status as a permissible preexistingwharf or pier does not imply that authorizationfor the wharf or pier is provided for the purposesof par . (a) or (b) . The owner of' a wharf or piermay submit evidence to the municipality that itis a permissible preexisting wharf or pier at anytime after the municipality establishes the pier-head line .

(d) Violates regulations. A wharf or pierwhich violates the regulations containedd in sub . .(2) or in any ordinance enacted under sub .. (2)constitutes an unlawful obstruction of navigablewaters . .

(5) REMOVAL OF WHARVES AND PIERS EX-TENDING BEYOND PIERHEAD LINE .. The gov-erning body of a city,, village or town mayremove a wharf or pier which constitutes anunlawful obstruction of navigable water 's under ,ssub,_ (4) as provided under s . . 66 . . 0495 .

History : 1981 c., 252 . .See note to 30.12, citing Kosmatka v DNR, '7 ' 7 W (2d)

558,253 NW (2d) 887 . .

30.14 Reports of and hearings on viola-tions. (1) MUNICIPALITIES TO REPORT VIOLA-

TIONS, The governing body of each municipalityshall promptly repor t to the department every

30.13 Regulation of wharves and piers;establishment of pierhead lines . (1) CON-STRUCTION ALLOWED WITHOUT PERMIT UNDERCERTAIN cixcumsrnrrcES. A riparian proprietormay construct a wharf' or pier in a navigablewater in aid of navigation without obtaining apermit under s30.12 i f all of the followingconditions are met :

(a) The wharf or, pier does not interfere withpublic rights in navigable waters

(b) The wharfor pier does not interfere withrights of other riparian proprietors .

(c) The wharf or pier does not extend beyondany pierhead line which is established under sub . .( :3) ;

(d) The wharf' or pier does not violate theregulations contained in sub . (2) of in anyordinances enacted under sub .. (2) ..

(2) WHARVES AND PIERS REGULATED Anywharf or pier extendingg beyond the naturalshore or, an established bulkhead line shall beconstructed to allow the free movement of waterunderneath and in a manner which will notcausee the formation of land upon the bed of thewater.. A municipality may enact ordinances-notinconsistent with this section regulating the con-struction and location of wharves and pierslocated within or attached to land within thatmunicipality.

(3) ESTABLISHMENT OF PIERHEAD LINES . .

Any municipality authorized by ' s . 30.11 toestablish a bulkhead line may also establish apierhead line in the same manner as it is autho-rized to establish a bulkhead line, except that ifsuch municipality has created a board of harborcommissioners, the municipality must obtainthe approval of such board to the establishmentof the pierhead line in addition to the approval ofthe department Any pier-head line establishedby a municipality shall be established in theinterest of the preservation and protection of itsharbor or of public rights in navigable waters .

Cutting weeds in navigable waters and not re-moving such weeds is a nuisance.: Any personcutting weeds in navigable waters shall removesuch weeds from the water .

(>?j EXCEPTION, This section shall not applyto lakes where the lake property owners haveincorporated under ch . 180 and ope r ate under s .779.70 when a majority of ' the members decideat the annual meeting that every lake propertyowner shall remove the weeds floating to hisshore .

(3) PENALTY, Any person violating this sec-tion may be fined not more than $100 or impris-oned not more than 3 months or both..

History : 19 ' 79 c .32 s . 92 (9) ,



violation of s . 30.12 or 30.13 which occurs orwhich it has reason to believe is likely to occurwithin the municipal boundaries ..

(2) HEARINGS BY DEPARTMENT„ Upon com-plaint by any person to the department that anywharf, pier or other structure exists in navigablewater in violation of s . . .30 . .12 ors 30.13 or thatany wharf, pier or other structure proposed to bebuilt in navigable water will violate s .. 30 . :12 or30 . .13, the department shall hold a hearingthereon to determine whether such structure isor will be in violation of those sections .

30.15 Penalty for unlawful ob struction ofnavigable waters. (1) OBSTRUCTIONS PENAL-IZED. Any person who does any of the followingshall forfeit not more than $50 for each offense :

(a) Unlawfully obstructs any navigable wa-ters and thereby impairs the free navigationthereof.

(b) Unlawfully places in navigable waters orin any tributary thereof"any substance that mayfloat into and obstruct any such waters or im-pede their' free navigation . .

(c) Constructs or maintains in navigablewaters, or aids in the construction or mainte-nance therein, of any boom not authorized bylaw .

(d) Constructs or places any structure ordeposits any material in navigable waters inviolation of s . . .30. .12 or .30 .13 .

(2) ExcErr[orrs . Subsection (1) does notapply to the floating or movement of' logs or,timber' in navigable waters, or the necessary useof temporary booms in the course of such float-ing or movement or the cutting of weeds in suchwaters with the consent of the department ..

(3) EACH DAY A SEPARATE VIOLATION Eachday during which an obstruction exists in viola-tion of sub. . (1) is a separate offense,

(4) OBSTRUCTIONS A RE PUBLIC NUISANCES . .

Every obstruction constructed or maintained inor over any navigable waters of this state inviolation of this chapter and every violation of s .30.12 or 30 . .1 .3 is declared to be a public nui-sance, and the construction thereof'f may beenjoined and the maintenance thereof may beabated by action at the suit of the state or- anycitizen thereof .Where bridg e obstructing navigationn was necessary, rea-

sonable, and existing before plaintiff moved into area, defen d -ant city n eed not abat e the nuisance . Capt.Soma BoatLine vWisconsin Dells, 79 W (2d) 10, 255 NW (2d) 441 .

Ifthe unattended and anchored boat is left on navigablewater for a n unreasonabl e length of time, it constitutes a vio-lation , 63 Atty. . Gen. . 601 .

30.16' Removal of obstructions to naviga-tion. (1) WATERCRAFT AN D FLOATS. (a) Re-moval.The governing body of any city, village orcounty in this state may cause to be removed to a

30.17 Interfering with buoy or beacon.Any person who intentionally removes any buoyor beacon placed in the waters of this state byauthority of the United States or, this state orother governmental authority or who moors orattaches any watercraft to any such buoy orbeacon shall be fined not more than $50 orimprisoned not more than 90 days or both .

30 .18 D iversion of water from lakes andstreams. ( 1 ) WHEN DIVERSION LAWFUL .. (a)It is lawful to temporarily divert the surpluswater of any stream for the purpose of bringingback or, maintaining the normal level of anynavigable lake or for maintaining the normalflow of water in any navigable stream, regard-less of whether such navigable lake or stream islocated within the watershed of the stream fromwhich the surplus water is diverted .

(b) Water other than surplus water may bediverted with the consent of riparian ownersdamaged thereby for the purpose of agricultureor irrigation but no water shall be so diverted tothe injury of public rights in the stream or to theinjury of any riparian located on the stream,unless such riparians consent thereto,

convenient and safe place any wateccraft or floatobstructing or interfering with the free naviga-tion of any river, canal, water channel or slipwithin its harbor after having given reasonablenotice to the master or owner or his agent, if'known and a resident of this state, or to theperson in charge thereof, to so remove suchwater-craft of float .. The governing body of suchcity, village or county by ordinance or, resolutionmay authorize any harbor master or other pub-lic officer over whom it has jurisdiction to re-move such obstruction, and may prescribe hisduties with respect thereto and the modee ofcarrying them into effect and may prescribepenalties for violation of such ordinance orresolution.

(b) Costs of removal. All costs, charges andexpenses of such removal are a first lien on suchwateicraft or float, which lien may be enforcedin the manner provided by law. The owner ofany such water-craft of float is also personallyliable for such costs, charges and expenses, to berecovered by such city, vil lage or county by apersonal action . .

(2) REMOVAL OF OBSTRUCTIONS TO NAVIGA-

TION ; WHARVES . AND PIERS ; ALTERNATIVE . As

an alternative to the proce dure specified undersub .. (I), the governing body of a city, village ortown may remove that portion of' a wharf or pierwhich constitutes an unlawful obstruction tonavigation as provided under s 66 . .0495 . .

History : 1981 c. 252 ..



(2) SURPLUS WATER DEFINED. "Surpluswater" as used in this section means any water ofa stream which is not being beneficially used ..The department may determine how much ofth e flowing water at any point in a stream issurplus water .

(3) APPLICATION FOR PERMIT ., (a) It is un-lawful for any person to divert water for thepurposes set forth in sub . (1) without a permit . .The applicant shall' file an application with thedepartment setting forth the name and post-office address of"the applicant, the name of thestream, the point in the stream from which it isproposed to divert the surplus water-, the name ofthe navigable lake or navigable stream or landsto which such water is to be diverted, the loca-tion and description of'the canal, tunnel or pipesand other works through which the water, is to bediverted, the amount of water to be diverted, theperiods of time when it is proposed to divert suchwater, and the time required-for the completionof the canal and other structures necessary forthe completed project, which shall not be greaterthan 2 years from the filing of the application.

(b) A map shall accompany the applicationon a scale of not less than 4 inches to the mile,showing' the landd topography and the course ofthe proposed diversion canal and other works,and the ownership of all lands upon which willbe located the canal and all other works for thecompleted project .

(c) Plans in duplicate showing cross sectionsand profiles for the canal, showing all tunnels,pipes or other diversion works, the dam andcontrol works at the point of diversion and at thepoint of discharge, must accompany theapplication :

(d) The department mayy require such addi-tional information as may be pertinent .

(4) NOTICE OF HEARING ON APPLICATION .(a) On the receip t of the application, the de-partment shall sett the application .n f'or a publichearing, notice of which shall be given by publi-cation and by mailing a copy of the notice, asprovided in s31 .06, to every person upon whoseland any part of the canal oz' other structures willbe located, to the clerk of the town, village orcity and county in which the diversion will takeplace,, the clerk of the town nextt downstream,and the clerk of any village or city throughwhich the stream runs and which is adjacent tosaid municipalities in which the diversion takesplace .

(b) If a hearing on the applicationn for apermit is conducted as a part of a hearing unders . 1 4 4, 8 .36, the notice and hearing provisions int hat section supersede the notice and hearingprovisions of par.. (a) .

(5) ISSUANCE OF PERMIT At the conclusionof the hearing, if' it appears that the water- to bediverted is surplus water, or if' not surplus waterthe riparians injured by such diversion haveconsented thereto, the department shall so findand shall issue a permit for the diversion of'such:water. No new permit shall issue for diversion ofwater from any trout stream designated as suchby the department in publication 213-57 andsubsequent revisions of said publication withoutprior written approval by the department .. Thedepartment shall determine and fix the quantityof water to be diverted and the time when suchwater may be diverted . When it is determinedthat a riparian permittee is authorized to with-draw a stated flow of water,,-he may use thatwater, on any other land contiguous to his ripa-rian land, but he may not withdraw more waterthan he did prior- to August 1, 1957 .. Thedepartment shall annually review all permits todivert water issued since August 1, 1957 . . Uponmaking such annual review, the departmentmay revoke any permit upon fi nding that thewithdrawal is detrimental to other riparians orto the stream or lake and shall revoke an,y permitissued for- diversion of water from any troutstream designated as aforesaid when it isdeemed desirable to do so for conservationpurposes . .

(6) DEPARTMENT TO HAVE CON TINUING JU-RISDICTION, The quantity of water to be takenand the time or times when it may be taken shallbe under the control of the department, to theend that only surplus water be diverted from itsnatural channel, and that when any water in astream ceases to be surplus water, the diversionof such water shall cease except that the depart-ment may permit the diversion of other thansurplus water with the consent of the riparianowners damaged thereby .

(7) PREREQUISITES. TO PROJECT CONSTRUC-

TION, After an application under this section hasbeen filed with the department, the applicantmay enter any land through which it is proposedto divert the water for the purposes of makingany surveys required for drafting the plans forthe project, but no work shall be commencedd onthe canal, headworks or other, structures neces-sary for the project until the plans for the samehave been approved by the department .. Anyperson having received a permit to divert waterunder' this section may construct upon the landof another the canal and other works authorizedby the permit after the damage which will besustained by the owner or owners of such landhas been satisfied, or' has been determined asprovided for in ch ., 32; and after the final sum sodeterminedd and all costs have been paid to the


NAVIGABLE WATERS , HARBORS AND NAVIGATION 30.19785

existing body of nav i gable water, for navigationor any othe r purpose .

(c) To grade or otherwise remove top soilfrom the bank of any navigable stream, lake orother body of' navigable water where the areaexposed by such grading or removal will exceed10 , 000 square feet .. .

(d) Thiss section shall not apply to the con-str uction and repair of public highways or to anyagriculturall uses of land, nor to any navigablebody of water located wholly or partly in anycounty having a population of 500,000 or more,,

(2) PERMITS FOR WORK OR TO ENLARGE WA-TERWAYS Before any work or connection speci-fied in sub . . (1) is undertaken the applicant shallfile an application with the department settingforth the following :

(a) The name and address of the applicant ..(b) The legall description of the lands in-

cluded in the project(c) A summary statement of the purpose of

the project .(d) A map or diagram showing the proposal

on an adequate scale with contours and c r oss-section profiles of the waterways to be con-structed or grading to be undertaken . .

(e) The name and address of' the secretary ofany property owners' association pertaining tothe bodies of water affected by the project or it 'there is no such association, the names andaddresses of at least 5 persons who own realproperty located adjacent to the bodies of water .If fewer than 5 persons own real property lo-cated adj acent to the bodies of wafer, the namesand addresses of such persons that own realestate so located shall be given ..

(f) Such other information that may be re-quired by the department .

(3) 'NOTICE OF HEARING . . (a) Upon receiptof` the application the department shall mailcopies to the ; department of health and socialservices, clerks of the municipality and county inwhich the p r oject or bodies of water af 'f 'ected arelocated, and to the other persons named in sub ..(2) (e), accompanied by a statement that un-less written objection is f iled with the depart-ment of natural resources within .30 days afterthe mailing- of the application, the departmentmay take action to giant the application withoutpublic : hearing. If the application affects theMilwaukee river' ,, the Menomonee river, theKinnickinnic river, the Root river or any of thetributaries thereof, notice shall also be given tothe metropolitan sewerage district of the countyof Milwaukee. I f timely objection is filed, thedepar tment shall set the application ; for publichearing Notice of such hearing shall be givenby publication and by mailing a copy of thenotice, as provided in s ., 31. .. 06, to the personsnamed in this subsection .

persons entitled thereto or to the clerk of thecircuit court on their account ..

(8) STATE PERMIT When after due examina-tion and investigation, the department deter-mines it to be necessary for conservation pur-poses that water elevations in any navigablestream or lake be raised, the department may,whenever it has funds available fiom any sourceother, than license fees, determine and fix theelevations to which the water may be raised ormaintained, but such water' elevation shall in nocasee be fixed below the normal elevation exceptwhen so stated in the permit . Ifany lands aredamaged by the raising of the water levels abovenormal, pursuant to the permit, and the depart-ment cannot acquire the right to flow such landsby agreement with° the owner, it may acquiresuch lands or the right to flow the same bycondemnation under ch . 32

(9) JUDICIAL REVIEW Any order or deter rrii-nation made by the department is subject tojudicial review as,prescribed in ch . 22'7 . .

(10) PENALTY, Any person violating thissection or any term or condition of a permitissued pursuant thereto shall be f'ined' not morethan $1,0000 or imprisoned not-more than 6months, or both .

Hi story : 1979 c. 221„Note: "Publication 213-57" referred to in sub (5) is a

publ i cation of the department of natural resources entitled"Wisconsin T rout Streams" .

' This section is to be strictly construed and any diversion ofwater lawful at common law is permitte d without a permitunless it is for irrigation, agriculture or to maintain normalwater levels State ex rel. Chain O'Lakes P .. Asso v Moses,5.3 W (2d) 579,193 NW (2d) 708, :

Th e statute applies to diversions from nonnavigable aswell as horn navigable streams, Omernikv State, 64W (2d)6, 2 1 8 NW (2d) 734

Legislature abrogated common law riparian right of irii-ga tion an d su bstituted permit procedure under (3) . .O mernickv: DNR, 71 W (2d) .3'70;238 NW (2d) 114 .

S ection 94,26 exempts cranberry growers from permit re-quirements of 30:18: State v . Zawistowski, 95 W (2d) 250,290 NW (2d) 303 (1980) .

30.19 Enlargement and protection of wa-terways. (1) PERMITS REQ UIRED .. Unless a per-mit has been granted by the department orauthorization has been granted by the legisla-ture, it is unlawful :

(a) To construct, dredge, commence or doany work with respect to any artificial water-way, canal, channel, ditch, lagoon, pond, lake orsimilar waterway where the purpose is ultimateconnection with an existing navigable stream,lake or, other body of navigable water, or whereany part of such artificial waterway is locatedwithin 500 feet of the ordinary high-water markof an existing navigable stream, lake or otherbody of navigable water,

(b) To connect any natural or artificiallyconstructed • waterway, canal, channel, ditch,lagoon, pond, lake or, similar waterway with an


30.19 NAVIGABLE WATERS , . HARBORS AND NAVIGATION 786

(b) If' a hearing on the application for apermit is conducted as a part of a hearing unders. 144.. 8 .36, the notice, comment and hearingprovisions in that section supersede the notice,comment and hearing provisions of par' . . (a) .

(4) ISSUANCE OF rExMir . If the departmentfinds that the project will not injure public rightsor, interest, including fish and game habitat, thatthe project will not cause environmental pollu-tion as defined in s ., 144 01 (3), that the projectconforms to the requirement of laws for theplatting of land and for, sanitation and that nomaterial injury to the rights of any riparianowners on any body of water affected will result,the department shall issue a permit authorizingthe enlargement of the waterways affected .

(5) CONDITIONS OF PERMIT, The permit shallprovide that alll artificial waterways constructedunder this section shall be public waterways..The department may impose such further- condi-tions in the permit that it finds reasonablynecessary to protect public health, safety, wel-fare, rights and interest and to protect privaterights and property .

(6) PENALTY, Any person violating this sec-tion or any term or condition of a permit issuedpursuant thereto shall forfeit not more than$1,000 ,

History: 1971 c. 2 7.3 ; 1979 c . 34 s . . 2102 (39) (g) ; 1979 c. .221 .

See note to 88 .21, citing 63 Atty. . Gen . . 355 . .See note to 30,. 11, citing 63 Atty . . Gen . . 445 ..

30.195 Changing of stream courses. (1)PERMIT REQUIRED, No person shall change thecourse of or straighten a navigable stream with-out a permit therefor having been granted pur-suant to this section or without otherwise beingexpressly authorized by statute to do so .. Anyperson violating this sectionn shall be fined notmore than $1,000 or imprisoned not more than 6months, or both,r

(2) APPLICATIONS Applications for permitsrequired by this section shall be made to thedepartment of natural resources upon formsprescribed by it.. Applications shall contain suchinformation as the department reasonably re-quires to enable it to act on the application .. .

(3) GRANTING OF PERMIT . Upon applicationtherefor, the department shall grant a permit tothe owner of any land to change the course of orstraighten a navigablee stream on such land, ifsuch change or straightening will improve theeconomic or, aesthetic value of the owner's landand will nott adversely affect the flood flowcapacity of the stream or other wise be detrimen-tal to public rights or to the rights of otherriparians located on the stream .. If the depart-ment finds that the rights of such riparians willbe adversely affected, it may grant the permit

only withh their consent.. Such permit may begranted on the department's own motion after'its own investigation or after, public hearing andafter giving prior notice of such investigation or,hearing ..

(4) LIABILITY FOR NEGL IGENCE .. No com-mon law liability, and no statutory liabilitywhich may be provided elsewhere in these stat-utes, for damages resulting from the changing ofthe course of or from the straightening of astream is in any manner affected by this section,nor does this section create any liability on thepart of the state for any such damages, but aperson who changes the course of a stream orstraightens a stream in accordance with a permitgranted pursuant to this section is presumed tohave exercised due care in such changing orstraightening .(5) RESTORATION OF UN LA WFULL Y

STRAIGHTENED STREAM. The department of nat-ural resources, upon its own finding that thecourse of a stream has been changed or thestream straightened in violation of this sectionand that it is in the public interest to restore suchstream to its former course, may order theperson who straightened or changed the courseof the stream in violation of this section torestore such stream to its former course . If theperson fails to comply, or in good faith to beginto comply, with such order within the timespecified therein, or in the case of appeal, within20 days after final judgment, he is subject to aforfeiture of not more than $25 for, each daysuch failure to comply, or begin to comply,continues..

(6) CEASE AND DESIST' ORDER, The depart-ment may order any person violating or threat-ening to violate this section to cease and desistfrom such violation or threatened violation . Ifsuch person fails to comply with such orderwithin 5 days after issuance thereof; the depart-ment may cause an action for injunction to becommenced in a court of competent jurisdictionto have such order enforced . . Such order- is notreviewable under ch . 227 .

(7) APPLICATION OF sECiiorr . This sectionshall not apply to municipal or county ownedlands in counties having a population of 500,400or more,

Elements of proof' require d for conviction under (1) dis-cussed . . 67 Atty . Gen, 265,

30.196 Enclosure of nav igable waters ; is-suance of permits to municipalities. A mu-nicipality may enclose navigable water's or di-rect, place or restrict navigable waters into anenclosed drain, conduit, storm sewer or similarstructure if the department grants the munici-pality apermit,. The department may grant thispermit- to a municipality after followingg the


787 NAVIGABLE WATERS, HARBORS AND NAVIGATION 30.202

30.20 Removal of materiall fromm beds ofnavigable waters . (1) UNLAWFUL REMOVAL,(a) No person shall remove any material fromthe bed of any navigable lake or from the bed ofany outlying waters of this state without firstobta ining a contract therefor as provided in sub. .(2 ) ,

(b) Except as provided underr par . . (c), noperson may remove any material from the bed ofany lake or stream not mentioned under' par . (a)without first obtaining a permit from the depart-ment under sub (2) (c) :

(c) l .. Exceptt as provided under subd . 2, aperson may r •emove ;material from the bed of afarm drainage ditch which was not a navigablestream before ditching . .

2 . The department may require a permitunder' sub , (2) (c) for a removal under subd . 1only if it finds the proposed removal may have along-term adverse effect on cold-wate r fisheryresources or may destroy fish spawning beds ornursery areas .

3 . A person who proposes a removal undersubd . 1 which may have an effect on cold-waterfishery resources or may af 'f'ectt fish spawningbeds or' nursery. areas shall notify the depart-menY at least 10 days priorr to the removal.

(2) CONTRACTS FOR REMOVAL . (a) The de-partment, whenever, consistent with publicrights, may enter into contracts on behalf of thestate for, the removal of any material from thebed of any navigable lake or any of the outlyingwaters, and for the lease or sale of the material .Every contract shall contain such conditions asmay be necessary for the protection of the publicinterest and the interests of the state and shallfix the compensation to be paid to the state formaterial so removed, except that no compensa-tion may be paid for the material if ' the contractis with a municipality as defined in s . 144 .0 (6)and the material is to be used for a municipalpurpose and not for resale. No contract enteredinto under, this paragraph may run for a longerperiod than 5 years ,

(b) The department; , whenever consistentwithpublic rights, may enter into contracts onbehalf of the state fo r the removal of any min-eral, ore and material from beneath the bed ofnavigable lakes and waters, where the waterswould not be disturbed in the removal operationand for the lease and sale of such mineral,material and ore and provide ' thee necessary

30 .202 Dredge disposal in and near theMississippi, St . Croix and flack rivers bythe U.S . corps of engineers . (1) MEMORAN•-nuM OF urrDExsTnxntrrc. The department mayenter into a memorandum of understandingwith the U .S . . corps of engineers concerning thedredging of'the Mississippi, St . Croix and Blackrivers : andd the disposal of these dredge spoils .Any memorandum of understanding shall spec-ify approved sites where dredge spoils may bedeposited and shall specify conditions and stan••dards which are required for use of an approvedsite .. A memorandumm of understanding maycontain recommended or required dredgedisposal methods; equipment and policies .

(2) AUTHORIZATION FOR DREDGING ANDDREDGE SPOIL DISPOSAL . If the department en-ters into a memorandum of understanding withthe U„S, corps of engineers underr sub . . (1), theU,S, corps of engineers may deposit dredgespoils from dredging the Mississippi, St . Croixand Black rivers at approved sites according tospecified conditions and standards including anyspecial conditions and standards establishedunder sub . (4) . .

notice and hearing requirements under s .31 . .06if it finds that granting the permit :

(1) Is in the public interest ;(2) Will not violate public rights ; and(3) Will not endanger life, health or

property . .Hi s tory : 1981 c. 19.

regulations for all acts incident thereto . Everysuch contract shall contain such conditions asmay be necessary for the protection of the publicinterest and thee interests of the state, and shallfix the compensation to be paid to the state forthe material, mineral and ore so removed . Nocontract entered into, pursuant to this para-graph, shall run for a longer period than 75,years. Should any doubt exist as to whether thestate, in fact, owns such lake bed or stream bedsuch contract or lease shall be for such interests,if any, as the state may own .. Title to theroyalties to be paid when mining operations arebegun shall be determined at such future time asroyalties for ores so sold are paid or are due andpayable.

(c) A permit to remove material from the bedof any lake or stream not included in sub.. (1)(a) may be issued by the department i f it f i ndsthat the issuance of such apexpermit wbe consist-ent with the public interest in the wate r involved .The department may adopt rules to enable it toadminister this section ,

(3) OUTLYING WATERS DEFINED.. In this sec-tion, "outlying waters" has the meaning desig-nated ins , 29.01 (4) ..

(4) PENALTY, Any person violating this sec-tion shall forfeit not more than $1,000 for eachsuch violation .

History: 1977 c . .391 ; 19' 79 c . 34 s . 2102 (39) (g) ; 1981 c .330 .

Before proceeding under 88 .90 (3), one must obtain permitunder' 30 . 20. State v . Dwyer, 91 W (2d) 440, 283 NW (2d)448 (Ct . App. . 1979) . .

See note to 30 . . 11, citing 63 Atty .. Gen .. 445..


30 .202 NAVIGABLE WATERS, HARBORS AND NAVIGATION 788

(3) EXEMPTION FROM STATUTES AND RULES .,

Dredge spoil disposal activities authorizedunder sub .. (2) are exempt fromany prohibition,restriction, requirement, permit, license, ap-proval, authorization, fee, notice, hearing, pro-cedure or penalty specified under ss 29 . .29,30 01 to .30 . .20, 30 21 to 30 .99, 59 . .471 or 87 .. .30or ch144 or 147 or specified in any rulepromulgated, order issued or ordinance adoptedunder those sections or chapters .

(4) HAZARDOUS WASTE DREDGE SPOILDISPOSAL, In consultation with the U . .S, corps ofengineers, the department shall establish specialconditions and standards for the disposal ofdredge spoils which are hazardous waste, asdefined under s.. 144,61 (5), These specialconditions and standards shall be established toensure that public health and the environmentare protected .

History: 1981 c 240,NOTE: Chapter 240, laws of 1981, which created this sec-

tion, has "legislative findings" in section 1 .

30.21 Use of bedss of Great Lakes by pub-OBC Utilities. (1) WATER INTAKE FACILITIES ..Upon compliance with such applicable regula-tions as may be .imposed by the government ofthe United States and subject to chs, 196 and197 and rules and orders of the public servicecommission issued pursuant thereto, any publicutility may, pursuant to permit granted by reso-lution of the governing body of any city, villageor town situated on any waters of Lake Michi-gan or Lake Superior or in the Great Lakesbasin, construct, maintain and operate, uponand under, the bed thereof adjoining such city,village or town, all cribs, intakes, basins, pipesand tunnels necessary or convenient for securingan adequate supply of water suitable for, thepurposes of such utility, provided only, thatconcurrently with the construction of facilities4'or, the withdrawal of water from the lakes, thecity, town or village must construct sewagetreatment and disposal works adequate to treatcompletely all sewage of the municipality and toreturn the purified effluent to the Great Lakesbasin. Any city, village or town, the limits ofwhich are within 50 miles of any such waters andany public utility serving the same shall bedeemed to be situated on such waters within themeaning of this section and such municipality or'public utility serving the samee shall, subject tothis section, have authority to acquire and ownor lease sufficient real estate, not to exceed 50miles beyond the corporate limits of such munic-ipality, for the purpose of constructing, main-taining and operating thereon or thereunder,transmission facilities andd structures, includingcribs, intakes, basins, pipes and tunnels, neces-sary or convenient for- securing an adequate

30 .24 . Transfer of Fox river facilities . ( 1)The state of Wisconsin hereby accepts the trans-fer, of the federal project structures, appurte-nances and real property on the upper Fox river,ppursuant to P. L. 85-500, when the departmentdetermines that said structures, appurtenancesand real property have been put in condition bythe federal government as set forth in and inaccordance with the work plan agreed uponbetween the United: States army corps of engi-neers and the department dated September 8,1958 .

30.25 Wolff river protection . No effort toimprove the navigationn on the Wolf river northof the southern boundary of Shawano countyshall be made nor shall any dam be authorized inthat portion of the Wolf river . Any permitissued or, in effect by virtue of or under authorityof'any order or law authorizing the constructionof any dam in the . Wolf liver in Langlade countyis hereby set aside and declared void . Thisdeclaration shall not affect the operation ormaintenance of any existing dam..,

30 .26 Wild rivers . (1) LEGISLATIVE INTENT .In order to afford the people of this state anopportunity to enjoy natural streams, to attract

supply of water' suitable for the purposes of ' suchmunicipality or' utility . Such facilities shall beso constructed, maintained and operated as toavoid material obstruction to existing navigationor the use of private property not owned by suchutility.

(2) HARBOR FACILITIES ; PUBLIC UTILITY

STRUCTURES . Pursuant to the authority and con-ditions specified in sub,. (1 ) ; any such utilitymay also :

(a) Improve the navigability of any of thewater's specified in sub,( 1) and construct uponthe shore and the adj oining bed of such waters,harbor facilities adapted for the reception, dock-ing, unloading and loading of vessels carryingsupplies required for the operation of suchutility..

(b) Place any public utility structure, includ-ing all or part of any plant for the generation ofelectricity and the appurtenances, upon the bedof any of the waters specified in sub . (1),provided the utility first obtains approval under,this chapter and obtains the approval of thepublic service commission as required by s .,196.49 or rules or orderss of the public servicecommission issued pursuant thereto, and alsoobtains the approval of the department to themaking of any payment to be made to themunicipality with respect to the erection of suchstructure.



local zoning ordinances which apply to thebanks, bluffs and bluff ' tops of the lower St ..Croix river , The guidelines shall designate theboundaries of the areas to which they apply . . Indrafting such guidelines and standards, the de-partment shall consult with appropriate officialsof counties, cities, villages and towns lyingwithin: the affected area, The standards speci-fied in the guidelines shall include, but not belimited to : a) the prohibition of new residential,commercial and industriall uses, and the issu-ance of building permits therefor,, where suchuses are inconsistent with the purposes of thissection, and b) the establishment of acreage,frontage and setback requirements where com-pliance with such requirements will result inresidential, commercial or industrial uses whichare consistent with the purposes of ' this section ..Such standards shall be consistent with but maybe more restrictive than any pertinent guidelinesand standards promulgated by the secretary ofthe interior under the wild and scenic rivers act ..I f it appears to the department that the purposesof this section may be thwarted or the wild,scenic or recreational values of the rive t ad-versely affected pr' ior ' to the implementation ofrules under this section, the department mayexercise its emergency rule-making authorityunder s . 227.027, and such rules shall be effec-tive and implemented and enforced under sub .(3) until permanent rules are implementedunder sub . (3) .

(3) IMPLEMENTATION. Counties, cities, vil-lages and towns lying, in whole or in part, withinthe areas affected by the guidelines adoptedunder sub. (2) are empowered to and shalladopt zoning ordinances complying with theguidelines and standards adopted under sub.(2) within 30 days after their effective date, Ifany county, city, village or town does not adoptan ordinance within the time limit p r escribed, or,if the department determines that an adoptedordinance does not satisfy the requirements ofthe guidelines and standards, thee departmentshall immediately adopt such an ordinance Anordinance adoptedd by the department shall be ofthe same effect as if adopted by the county, city,village or town, and the local authorities shalladminister and enforce the ordinance in thesame manner as if the county, city, village ortown had adopted it .. No zoning ordinance soadopted may be modified nor may any variancetherefrom be granted by the county, city, villageor town without the written consent of thedepartment, except nothing in this section shallbe construed to prohibit a county, city, village ortown from adopting an ordinance more restric-tive than that adopted by the department . .

History: 1973 c . . 197

30.27 Lower St . Croix river preservation .(1) 'PURPOSE. The lower St.. Croix river, be-tween the dam near St. Croix Falls and itsconfluence with the Mississippi river', consti-tutes a relatively undeveloped scenic and recrea-tional asset.. The preservation of this uniquescenic and recreational asset is in the publicinterest and will benefit the health and welfareof the citizens of Wisconsin . . . Thee state ofWisconsin is therefore determined that thelower St. Croix river be included in the nationalwild andd scenic rivers system under the wild andscenic rivers act,, as amended (Title 16 USC1271 et seq.) and the lower St . Croix river act of1972 (Pub.. L. No .. 92-560), The purpose ofthis section is to ensure the continued eligibilityof the lower St, Croix riverfor inclusion in thenational wild and scenic rivers system and toguaranteee the protection of the wild, scenic andrecreational qualities of-the river for present andfuture generations,

(2) ZONING GUIDELINES. As soon as possibleafter May 7, 1974, the department shall adopt,by rule, guidelines and specific standards for

out-of-state visitors and assure the well-being ofour, tourist industry, it is in the interest of thisstate to preserve some rivers in a free flowingcondition and to protect them from develop-ment; and for this purpose a system of wild riversis established, but no river shall be designated aswild without legislative act .

(2) DESIGNATION. The Pike river in Mari-nette county, and the Pine river and its tributaryPopple river in Florence and Forest counties aredesignated as wild rivers and shall receive spe-cial management to assure their preservation,protection and enhancement of their naturalbeauty, unique recreational and other inherentvalues in accordance with guidelines outlined inthis section . .

(3) DUTIES OF DEPARTMENT, The depart-ment in connection with wild rivers shall :

(a) Provide active leadership in the develop-ment of a practical management policy .

(b) Consult other state agencies and plan-ning committees .

(c) Collaborate with county and town boardsand local development committees or boards inproducing a mutually acceptable program for,the preservation, protection and enhancement of'the rivers.

(d) Administer ' the management program..(e) Seek the co-operation of' the U.S ,, forest

service, timber companies, county foresters andprivate landowners in implementing land usepractices to accomplish the objectives of themanagement policy .

(f) Act as co-ordinator under this subsection ..


30 .28 NAVIGABLE WATERS, HARBORS AND NAVIGATION 790

30 .28 ... Fee -for permits and approvals . (1)The department shall charge' a permit or ap-proval fee for, carrying out its duties and respon-sibilities under ss : .30..10 to 30,27 except that thedepartment may not charge a fee for an approvalgr anted under s 30 :12( :3) (a)3 : The permit orapproval fee shall accompany the permit appli-cation or request f'or, approval and shall berefunded if' the permit or approval is notgranted.

(2) The basic fee charged for permits andapprovals shall be $10 plus a supplemental feebased upon the estimated project cost as follows :

(a) Five dollars for projects from $1 to $500in value .

(b) Ten dollars for projects from $501 to$2,000 in value .

(c) Twenty dollars for projects from $2,001to $5,000 in value :

(d)' Fifty dollars for projects from $5,001 to$10,000 in value.

(e) Sixty-five dollars for projects in excess of$10,000 in value.

(3) This section does not apply to any federalagency, state agency, county, city, village, town,county utility district, town sanitary district,public inland lake protection and rehabilitationdistrict, metropolitan sewerage district or feder-ally recognized Native American tribal gov-erning body..

History : 1977 a, 29; 1979 c 22 1 ; 1981'c. 226, 34 6..

30 .29 Operation of motor vehicles in wa -ters prohibited . (1 ) DEFINI TION As used inthis section, "motor vehicle" has the meaningdesignated under s, 340 .0 L (35) except that thisterm does not include snowmobiles :

(2) Pxoxisyriorr. Except as provided undersub. (3), no person may operate a : motor vehiclein any navigable waters of the state,. . .

(3) ExcEPrIorrs : This section does not applyto:

(a) Stream crossing . A person operating amotor vehicle ` to cross a stream by use of abridge, culvert, ford or similar structure if thecrossing is in the most direct manner practical, ifthe crossing is from a highway or private road orfrom an established trail and if the personoperates the motor vehicle at the minimumspeed required to maintain controlled forwardmotion of the motor vehicle

(b) Agriculture activities..A person operat-ing a motor vehicle while the person is engagedin agricultural use, as defined under s 91,;010)•

(c) Department activities . The departmentor any agent of the `department operating amotorr vehicle while the person is engaged inactivities authorized by the department.

DEVELOPMENT AND OPERATION OFHARBORS

30.30., Municipal authority to make harborimprovements. Every municipality havingnavigable waters within or adjoining its bounda-ries may exercise the following powers :

( 1) HARBOR IMPROVEMENT . By proper, fill-ing or excavating or dredging and docking,create or improve any inner or outer harbor andsuch turning basins, slips,, canalss and otherwaterways within its boundaries as it determinessare necessary .

(2) REPAIRS AND ALTERATIONS, Keep in re-pair and from time to time alter, extend, enlargeor discontinue any improvement mentioned in

(3) DOCK WALLS AND SHORE PROTECTIONWALLS .: (a) Either by itself or in conjunctionwith another municipality, construct, maintainor repair suitable dock walls or shore protectionwalls along the shore of'any waterway adjoiningor within the limits of such municipality, exclu-sive; of privately owned slips . Such structuresmay be located within or without the municipallimits„

(d) Activities for which a permit is issued. Aperson or agent of a person who is issued apermit by the department while the person oragent is engaged in activities related to thepurpose for which the permit is issued . .

(e) Amphibious vehicles , . A person operatingan amphibious motor vehicle registered as aboat with the department if' the amphibiousvehicle enters the water, at a boat launchh or aford .

(f) Boat launching. A person operating amotor vehicle to launch or load a boat, canoe orother, watercraft .

(g) On frozen waters, A person operating amotor vehicle on the surface of any navigablewater' s which are frozen .

(h) Access to frozen waters . A person operat-ing a motor vehicle to cross the bed or banks of anavigable water in order to reach the surface ofany navigable waters which are frozen if thecrossing is in the most direct manner , practical, if 'the crossing is from a highway or private road orfrom an established trail and if ' the personoperates the motor vehicle at the minimumspeed required to maintain controlled forwardmotion of thee motor vehicle,

(4) PENALTY, A person who violates thissection shall forfeit $50 for the first offense andshall forfeit not more than $100 upon convictionof the same offense a 2nd or subsequent timewithin one year .

History: . 1981 c .. 189 .


NAVIGABLE WATERS, HARBORS AND NAVIGATION 30 .30791

recting the owners of the property to commencethe work and to complete it within a period oftime fixed by the court in such order, or in thealternative provide that the municipality maycomplete such work and charge the cost thereof'to the owners of the property The cost of suchwork in the event it is performed by the munici-pality shall be recovered from the owners of theproperty as special assessments for benefits tolands provided for in s . 66 . .60 .. Either party tothe action may appeal from the determination ofthe circuit court within 30 days following theentry of the order. The appeal to the court ofappeals shall be perfected in the same manner asare other civil actions and shall be given prece-dence„ Only such portion of the cost of the workshall be assessed against the owners which is ofbenefit to their lands .

(4) SPECIAL ASSESSMENTS . Make special as-sessments for benefits to lands on account of anyof thee improvements specified in sub . . (3) andalso in those cases where the owners of theproperty to be benefited by improvements innavigable waters consent in advance to suchassessments, and in no other' case, but the cost ofprotecting thee ends of public streets and high-ways and other public grounds shall be paidwholly by the municipality .

(5) ACQUISITION OF LAND . Acquire suchlands or, interests therein as it deems necessaryfor' properly carrying out its powers under thischapter, including such lands outside the munic-ipal limits as are necessary to protect its prop-erty or to carry out its powers under sub.. (3) .Such acquisition may be by condemnationproceedings ..

(6) CO-OPERATION WITH FEDERAL GOVERN-MENT IN HARBOR IMPROVEMENTS. Prepare thenecessary plats and otherwise co-operate withthe federal government when it indicates itsintention to aid. -in the improvement of anyharbor over which the municipality has,jurisdic-tion, including the authority granted by s . 66 . .45 ..If the municipality has established a board ofharbor commissioners, such board shall havecharge of the preparation of the plats and othernecessary co-operation, The title to any landsacquired for the purpose of such harbor im-provement may be transferred to the U .S .. gov-einment for, use in improving the harbor of themunicipality, .

(7) DOING OF woxx . Contract for the doingof the work authorized by this section orpurchase the necessary equipment for the doingof the work itself, but if the municipality hasestablished a board of harbor commissionerssuch board shall have charge of the letting ofcontracts and shall supervise the doing of the

(b) Whenever an improvement, alteration,repair or extension of a dock wall or shoreprotection wall along the bank or shore of anywaterway adjoining or within the limits of amunicipality is required in order to eliminatemenaces to navigation, or to promote the publichealth, safety or welfare, or to eliminate dilapi-dation, blight or obsolescence of such dock wallor shore protection wall, the board of harborcommissioners, if ' such board has been estab-lished within the municipality, or, the local legis-lative body if no such board has been created,shall make a determination by r esolution that itis essential that such dock wall or shore protec-tion wall be improved, altered, repaired or, ex-tended.. A certified copy of ' such resolution shallbe served on the owners of the property of whichsuch dock wall or shore protection wall is a part,by either forwarding such certified copy of " theresolution by registered mail to the owners or byserving a certified copy of such resolution per-sonally upon such owners if they can be foundwithin the municipality . The resolution shallalso specify a period of 90 days within which theowners shall be required to commence work forthe improvement, alteration, repair or extensionof the dock wall or shore protection wall , .

(c) In the event the owners of ' the property onwhich such dock wall or shore protection wall islocated fail to notify the board of harbor com-missioners or , the local legislative body, as thecase may be, within such 90-day - period thatsuch work will be commenced as specified in theresolution, the board of harbor commissioners orthe local legislative body shall request the cityattorney, district attorney or corporation coun-sel for the commencement of an action in thecircuit court in the county in which such prop-erty is located for determination of whether ornot such improvement, alteration, repair or ex-tension of the dock wall or shore protection wallis required and for - the fixing of the time by thecourt within which time the work must be com-menced and completed „ The action shall beentitled in the name of the state and the munici-pality, and the attorney general shall participateon behalf ' of the state . . The complaint shall recitethe type of improvement, alteration, repair orextension which is required, the approximatecost thereof', the need for, such work as related tothe reasons stated in par . (b), and such otherallegations as may be pertinent The owners ofthe property within which such dock wall or,shore protection wall is located shalll be nameddefendants ; they shall be permitted to plead asprovided for in civil actions .. The action shall bebrought to trial in the circuit court as promptlyas possible .. If the circui t court determines thatthe work shall be performed, ' it shall make afinding to that effect and enter an order ' di-



har'bor' channels at federal expense, subject tothe proviso that the local interests save thefederal government harmless from all liabilityand claims f'or, damages resulting from suchproject or dredging, the governing body of suchmunicipality may, by resolution, assume liabil-ity for- and on behalf of both public and privateownership adjacent to, within, under and overthe channels, land area and construction worksin flood control projects, involved in such federalprojects. . Such municipality may provide ade-quate insurance coverage, indemnifying suchmunicipality for all damage resulting f'r'om suchproject of dredging .

(4) ACQUISITION OF [ .ArrD . In acquiring landby condemnation for any of the purposes speci-fied in this chapter, a municipality shall begoverned by the law relating to condemnation ofland for public grounds, or street purposes .Whenever land is acquired through a landd con-tract arrangement, such contract may create alien on such lands forr the purchase price andinterest thereon bu t shal l not create any l iabili t ytherefor on the part of'the municipality .

(5) CO-OPERATION AMONG MUNICIPALITIES .

Whenever 2 or, more .municipalities .s propose tocooperate in erecting, maintaining or repairinga dock wall or shore protection wall, their gov-erning bodies shall first meet and adopt amethod of proceeding and a plan of apportioningto eachh itss share of the entire cost . Such methodof proceeding and plan of apportionment shallbe embodiedd in a, resolution adopted by thegoverning bodies of the co-operating municipali-ties acting jointly and later such resolution shallbe adopted by each of" the governing bodiesacting .separately.. Municipalities acting underthis section shall have the powers conferred by s:.66 ., 30.

(6) SPECIAL ASSESSMENT ' S . Special assess-ments for benefits to lands, when authorized bys . : .30 . .30 (4), sha ll be made and enforced asprovided by's .: 66 ..60, except that at any timewithin the 90-day periodd immediately followingthe publication of the final resolution as re-quired by s : 66.60 (8) (d), the owner of anyproperty along which such improvement is to bemade may elect to make the improvementt alonghis property at his own expense in accordancewithh the approved plans and specifications or ina manner, which conforms to good engineeringpractice and which provides for materials anddesigns which, with respect to strength andpermanence, are at least equal to the require-ments of the approve d plans and specifications .If' such owner makes such improvement at hisown expense, no assessment of benefits shall bemade therefor.. If such owner' fails to commencethe work within the 90-day period specifie d

30.31 Procedure l and other requirementsto be followed in making harbor improve-ments. (1) SUPERVISION OF WORK. In CX O I'C1 S-ing the powers granted by s. 30 : .30 (1) to (3) amunicipality shall be governed by the law gov-erning the laying out, improvement and repair ofstreets and bridges in such municipality, so far -as applicable, except that go petition of'pi-oper-tyowners for, doing any such work is necessary ifthe municipality has established a board ofharbor commissioners,, such board shall be incharge of the work unless the board determinesthat it is not equipped to supervise the work andby resolution delegates such function to theagency which ordinarily performs such functionfor the municipality If the,municipality doesnot havee a board of harborr commissioners, themun i cipa lity's board of public wor ks or-, i n theevent there is no such board, the municipality'sgoverning body shall be in charge of'the work . .

('1 ) WORK REQUIRING APPROVAL OF STATEOR FEDERAL GOVERNMENT. No work f01' whichthe approval of the department or of the Unite dStates is required shall be commenced unless theplans and specifications for such work have beensubmitted to and approved by the department or,the proper officer of the United States, as thecase may be . When the plans and specificationshavee been so approved, the work shall be doneonly% in accordance with such plans andspecifications . :

(3) GOVERNMENT' AID IN DREDGING OF HAR-

BOR CHANNELS AND FLOOD CONTROL PROJEC7S t

Whenever- the U .S . government indicates itsintention to aid in any flood control project grinthe improvement of any harbor by dredging of

work, except as provided in ss 30 .31 (1) and30.32 (2) .

(8) LEASE OF WHARFING PRIVILEGES , Leasethe wharfing privileges of navigable waters atthe ends of'streets, giving preference to owner'sof adjoining land, and prescribe or regulate thefees to be charged for wharf age at such placesNo buildings shall be erected on the ends ofstreets, and a free passage over, the same for allpersons with their baggage shall be reserved ; butnothing herein shall be construed to prohibit theerection of public buildings by a municipalitywithin a filled in area of a lake or river wheresuch municipality has been granted specificautho`rit,y therefor by the legislature, of in con-junction therewith, in any street end or ap-proaches thereto . No such construction on anystreet end or, approaches shall prevent access tothe navigable water If the municipality hasestablished à board of harbor commissioners,the municipality may delegate to such board thepowers conferred by this subsection

History: 19'1'7 c 18'7 s 1 3 4 ,


NAVIGABLE WATERS, HARBORS AND NAVIGATION 30 .32793

tive bidding and in such manner as the officer oragency in charge of the work or acquisition maydirect :

(a) The work to be done or equipment,supplies or materials to be acquired will cost lessthan $7,500 . .

(b) The work . to be done or equipment,supplies or materials to be acquired involvemarine construction or repair work requiring theuse of floating scows, pile drivers or other float-ing equipment and will involve an expenditure of'less than $15,000 ..

(c) The equipment, supplies or materials tobe acquired is a patented article or process or anarticle or processs made by one partyy only.

(d) The work to be done or equipment,supplies or, materials to be acquired involves anemergency repair as set forth in sub .. (4) ..

(4) EMERGENCY REPAIRS, Whenever repairsbecome necessary to any harbor, facility which,in the judgment of the official having executivecharge of such facility, constitutes an emer-gency in that it interrupts the ordinary use andoperation of such facility, such official mayorder such repairs to be made by some compe-tent party without compliance with sub . . (1) orthe intervention of a formal contract . I n allcases ofsuch emergency repairs the officialcausing the repairs to be made shall report thecircumstances thereof, including the agreedprice or estimated costs of the repairs, to theofficer or agency in charge of the operation ofthe harbor and shall also forthwith send a copyof such report to the clerk of the municipality or,in the case of:a city, to the chief' auditing of'f'icerWhenever any party is liable, under a lease orotherwise, to reimburse such municipality forrepairs or' cost of maintenance of such harbor,facility, the official causing the repairs to bemade shall also send a copy of such report to theparty so liab le.

(5) COMPETENCY AND RELIABI LITY OF BID-

DERS . Whenever any bidder for any work to belet by an officer or agency in charge of'a hat-boxis, in the judgment of suchh officer or agency,incompetent or otherwise unreliable for the per-formance of the work for which he bids, theofficer 'or agency may accept the bid of theperson who, in its Judgment, is the lowest compe-tent and reliable bidder for such work, stating itsreasons therefor, or, may relet the same anew . .Such officer or agency may permit a sum ofmoney or a certified check payable to its order, tobe filed with any bid or- proposal in such anamount as in its judgment will save the munici-pality from any loss if the bidder fails to executea contract pursuant to law, in case his bid isaccepted and the contract awarded to him,

herein or, fails to carry on and complete the workwith due diligence, the work may be done orcompleted by the municipality and assessmentof benefits made therefor :

(7) BUILDING PERMITS FOR MARI NE SHIP-PING STRUCTURES. Before any permit for build-ing or, improving a n y structu re directl y affectingmarine shipping is issued by a municipality or,any of its departments, the plans therefor shallbe submitted to the municipality's board ofharbor, commissioners, if any . . If the board findsthat the location or design of the structure willadversely affect the orderly development of theharbor or' the orderly movement of traffic to orwithin the harbor, the board may disapprove theplans, giving its specific reasons for such disap-proval . No permit f'or, building or improving anysuch structure shall be issued until the planstherefor have been approved by the board ofharbor commissioners The governing body ofthe municipality may delegate to the board ofharbor, commissioners the power to issue permitsfor construction of dock walls,

30.32 Contract; competitive bidding ;exceptions . (1) COMPETITIVE BIDDING RE-QUIRED Except as otherwise provided in thissection, all work to be let relative to the con-struction, repair or maintenance of a harbor orharbor facility and all purchases of equipment,supplies or materials relative to carrying out thepurposes of the statutes relating to harbors shallbe by contract awarded to the lowest competentand reliable bidder in accordance with the lawsof this state and ordinances then applicable tosuch municipality with reference to the letting ofpublic work .

(2) BOARD OF HARBOR COMMISSIONERS TO

HAVE CHARGE OF LETTING CONTRACTS . I f a mu-

nicipality has established a board of harborcommissioner's, such board shall be in charge ofthe letting of contracts relative to construction,repair or, maintenance of a harbor or harborfacilityy or, the purchase of equipment, supplies ormaterials relative to carrying out the purposes ofthe statutes relating to harbors, in lieu of theofficer, or agency which otherwisee would be incharge of the letting of public work, except thatif the board determines that it is not equipped tohandle' the contracting formalities requiredunder this section, it may by resolution delegateall or- part of its functions under, this section tothe agency which ordinarily performs such func-tions for the municipality.

(3) EXCEPTIONS TO COMPETITIVE BIDDING ..

Subsection (1) does not apply in any of thefollowing cases, and work to be done or equip-ment, supplies or' materials to be acquired maybe contracted for or acquired without competi-


(6) CONTRACTS TO PROVIDE FOR caQuc- contract may insert in the specifications of theDATED DAMAGES , Every contract executed pur- '` work reasonable and lawful conditions as tosuant to sub . (1) shall contain either of the hours of labor and the residence and characterfollowing agreements on the part of the contrac- of workers to be employed by the contractor andfor and his sureties: especially, so far as is practicable in the judg-

(a) An agreement that in case such contrac- ment of such officer or agency, such reasonablefor fails to fully and completely perform his and lawful conditions as will tend to confinecontract within the time therein limited for the employment on such work, in whole or in part, toperformance thereof, the contractor shall pay to permanent and bona ode residents of this state .ethe municipality as liquidated damages for such The officer or agency may do any part of suchdefault, a fixed sum to be named in the contract, work by day labor under such conditions as itwhich shall be such a sum as in the judgment of prescribes, The officer or agency may demandthe officer or agency in charge of letting the of such bidders and contractorss that all con-contract will save the municipality harmless on tracts shall be let subject to chs 101, 102 andaccount of such default and insure the prompt 105, to the end that the officer or agency andcompletion of the contract ; or municipality shall be held harmless .. The officer

(b) An agreement that in case such contrac- or agency may reject any or all bids or partsfor fails to fully and completely perform his part thereof' f'or, any such work or supplies orof the contract within the time therein limited materials,for the performance thereof', the contractor shall (10) CONFLICTS WITH FEDERAL REGULA-

pay to the municipality as liquidated damages TIONS Contracts f'or, projects involving federalfor such default, a definite sum to -be named in funds shall be let under such regulations andthe contract for each day's delay in completing conditions as aree prescribed by the federalsuch contract after the time therein limited for agency controlling such funds, so f'ar, as suchits completion, which daily sum shall be such an regulations andd conditions conflict with thisamount as in the judgment of the officer, or, section .,

,agency in charge of'letting the contract will save History: 1979c . 89 ;1981c 208

the -municipality harmless on account of suchdefault and insure the prompt completion of the 30 .33 Harbor railway belt lines . (1)

contract,, BOARD TO HAVE POWERS OF RAILROAD CORPO-RATION, Any municipality operating a public

(7) CONTRACTS TO BE EXECUTED BY SURE - harbor, through a board of harbor, commission-TIES., Every contract executed pursuant to sub . ers may, through such board, construct, main-(1)shall also be executed by at least 2 sufficient tain or operate railway facilities or a harbor beltsureties, or a surety company, to be approved by line connecting various ha r bor facilities with onethe officer or, agency letting the contract . Such another or with other' railroads within the mu-sureties or surety company shall guarantee the nicipality or its vicinity . The board of harbozfull performance of the contract by the contras- commissioners is granted all the rights, powerstor to the satisfaction of such officer or agency, and privileges conferred upon railroad corpora-according to the plans and specifications of'such tions by s .. 190..02, except such rights, powersofficer of agency, and shall be liable for such and privileges as are conferred upon railroadperformance of the contract, as sureties, in an corporations by s :. 190 02 (9) Such facilities oramount equal to s uch officer's or agency's es t i- b e lt line may be cons t ru c t e d, maintained ormate of the aggregate cost of the work . operated partly outside the corporate limits of

(8) PAYMENT BEFORE COMPLETION OF CON - the municipality, In constructing, maintaining` TRACT, Whenn a contractor proceeds properly or operatingsuch facilities or belt line, the boardand with due diligence to per form a contract, the of harborcommissioners has the powers andofficer or, agency which let the contract may, in privileges of railroad corporations an d shall beits discretion, from time to time as the work subject to the same restrictions as railroad cor-progresses, grant to the contractor an estimate _ porations and to the supervision of the office ofof the amount already earned for the work done, the commissioner of transportation, except as towithholding in all cases until final completion the system of accounting and the paymentt ofand acceptance of the contract 15% of' such wages to eznployes .estimate when such estimate is less than (2)' MURICIPALIIY MAY ORGANIZE HARBOR$100,000, and 10% of such estimate when such RAILWAY CORPORATION, Any municipalityestimate is $100,000 or over,: which shall entitle mentioned in sub . . (1) may, with the consent ofthe contractor, to receive such estimate less the its board of' har'bor' commissioners, organize aamount withheld, railroad corporation for the purpose of con-

(9) OPTIONAL CONTRACT PROVISIONS.. The structing, maintaining or operating a har'bor'officer or agency in charge of negotiating the belt line or may subscribe for stock in an existing

30.32 NAVIGABLE WATERS, HARBORS AND NAVIGATION 794Electronically scanned images of the published statutes.


(3) FINANCING BY MEANS OF NOTES , BONDS,MORTGAGE CERTIFICATES OR ASSIGNMENTS OFNET PROFITS, (a) Any municipality may, withthe consent of its board of harbor commission-ers, finance the cos t of acquisition, construction,alteration or repair of any harbor facility byissuing evidences of indebtedness payable onlyout of the revenue obtained from the publicharbor facilities . . Such evidences of indebted-ness may be revenue bonds, refunding bonds orbond anticipation notes issued under s . 30 .35 or66 521 or may be mortgage certificates orpledges or, assignments of net profits, issuedpursuant to s 66 .066 (3) or (4) as if'the harborfacility were a public utility .

(b) The moneyss received from the sale ofsuch evidences of indebtedness shall be usedsolely for the specific purpose for which theywere issued .: The municipality issuing themshall not be deemed obligated or indebtedthereon, and no funds or money of such munici-pality, except the revenues from the public har-bor facilities, shall ever be used for payment orredemption of the evidences of indebtedness,except that the municipality issuing such evi-dences of"indebtedness may at any time, with theconsent of its auditing officer or committee, andby a votee of two-thirds of its governing body,assume the obligation of paying the principaland interest of'such evidences of indebtedness asare then outstanding .. Thereafter, such evi-dences shall in every respect be held to beoutstanding in debtedness of such municipality, .The governing body of any municipality assum-ing an indebtedness under this paragraph shalllevy an annual irrepealable tax to pay interestthereon and discharge the principal thereof asrequired by Article X I, section 3, Wisconsinconstitution .

(c) The holders of evidences of indebtednessissued as authorized by this subsection shallhave the rights accorded by s„ 66 .066 (2) (b) toholders of mortgage bonds issued pursuant to s .66 . .066, but in case of sale by orderr of any court,there shall: be sold only the facility itself withoutthe land on which it is erected; The purchaser atsuch sale may either remove such facilityy or maycontinue to operate the same and collect therevenue thereof, in a fair and businesslike man-ner, under the supervision of'the court; until theoutstan ding evidences of in debtedness, togetherwith interest until payment, have been paid,together with all costs and charges as deter-mined by the court ..,

(4) EMERGENCY REPAIR F UND .. Any munici-pality having established a board of harborcommissioners to operate its harbor facilitiesmay create a contingent fund for the purpose ofpermitting the secretary of the board to pay forrepairs to harbor facilities which constitute

railroad corporation organized for such purpose..If the municipality decides to organize a rail-road corporation for such purpose, the gov-erning body thereof may, by resolution, autho-rize the chief' executive officer or presidingofficer' of such municipality to act, together with4 citizens to be designated by the officer, asincorporators of such company .. Such incorpo-rators shall proceed to incorporate the railroadcorporation in accordance with chs . 190 to 192,so far as applicable.. Such harbor railroadcorporation is subject to the supervisory andregulatory powers of the office of the commis-sioner of transportation to the same extent asother railroad corporations, The municipalitymay subscribe to the stock of such harbor rail-road corporation and may pay for such stock outof any funds it may lawfully have available forthat purpose, including the proceeds ofharborimprovement bonds ..

Histor y: 1977 c. . 29 s . 1654 (9) (f) ; 19'77 c . 2'73 ; 1981 c .347s . 80 (2) .NOTE: This section is shown as affected b y cL,. 34 7, laws of

1981 , s. 80 ( 2), eff. 7-1=83, which substitutes "office of thecommissioner of transportation" for "transportationcommission".

30 .34 Financing harbor improvementsand operations generally . . (1) HARBOR FUND'ro BE CRSnrED . All municipalities operating apublic harbor through a board of harbor com-missioners shall establish in the municipal trea-sury a revolving fund to be known as the "harborfund", Moneys for such fund may be raised byappropriation from the general fund or by taxa-tion "or, loan as other' moneys in the general fundare raised. Moneys in such fund may be ex-pended only as provided in s . . .30 3$ (13) .

(2) FINANCING DOCK WALLS AND SHOREPROTECTION WALLS À municipality may payeither or both the assessable and nonassessableparts of the cost of the construction, mainte-nance or, repair, of any dock wall or shore protec-tion wall, authorized by s, .30.:.30 (3), out of itsgeneral fund or other available funds, or it mayfinance such work through the issuancee of itsnegotiable bonds as provided in ch . 67, exceptthat it is not necessary to include such bonds inthe municipal budget or to submit the questionof their issuance to a referendum vote of theelectors . The bonds shall be serial bonds, pay-able at any time within 10 years and shall bearinterest payable either annually of semiannuallyas the governing body determines . The bondsshall be, a direct obligation of the municipalityand the full faith and credit of the municipalityshall be pledged for., their payment : . No suchbonds shall be issued unless at or before the timeof their issuance the governing body levies adirect annual tax sufficient to pay the principaland interest thereon as they fall due . . .


30 .34 NAVIGABLE WATERS , HARBORS AND NAVIGATION 796

(b) The establishment of a debt amortizationand interest fund sufficient to provide for thepayment of the principal of, and interest on, thebonds or notes authorized by the ordinance .

(c) The establishment of the bond proceedsfunds and reserve funds that the governing bodybelieves necessary or, desirable f'or the security ofthe bondholders and noteholders .

(2a), MUNICIPALITY TO FIX ADEQUATExnras. The municipality shall fix rates andcharges for the use of the harbor, facilities suffi-cient for the payment of the cost of operationand maintenance of such facilities, for the pay-ment of principal of and interest on any indebt-edness incurred for such harbor facilities, and toprovide revenues sufficient to comply with anycovenants or agreements made by the munici-pality in any ordinance providing for the issu-ance of obligations to pay the cost of the acquisi-tion, construction, alteration or repair of suchharbor facilities .

(2m) TERMS OF THE BONDS AND NOTES, Theprovisions applicable to mortgage bonds under s . .66.066 (2) (i) and (m) apply to revenue bonds,refunding bonds and bond anticipation notesunder this section, . Thee provisions applicable tomortgage bonds under s . 66 .066 (2) (a) shallapply to revenue bonds, refunding bonds andbond anticipation notes under this section exceptthat the ordinance or resolution authorizing thebondss or notes may specify the time they ma-ture, the amounts : in which they mature, theconditions of redemption, the number of timesthey are issuable and the ranking of the issues..

(3) FORM OF THE BONDS OR NOTES . Revenuebonds,, refunding bonds and bond anticipationnotes shall be in the form designated by thegoverning body and shall be signed by thosepersons who regularly execute instruments ofindebtedness on behalf of'the municipality Anyof such signatures may be in facsimile form,except that at least one shall be a manualsignature . .

(4) BONDS AND NOTES NOT AN OBLIGATIONOF- THE MUNICIPALITY . Bonds and notes issuedpursuant to this section shall not be the generalobligation of the municipality and shall ex-pressly so state on their face .. Any indebtednesscreated pursuant to this section is deemed to beincurred for a public utility, and shall not beincluded in indebtedness subject to any debtlimitation,

(5) SALE OF THE BONDS OR NOTES,, The gov-erning body may authorize the purchase of apart or, all of such revenue bonds, refundingbonds or bond anticipation notes out of moneysaccruing to or held in the debt amortization andinterest fund or any other municipal funds notimmediately needed, and such funds may be

30.35 Financing harbor improvementsthrough bonds or notes . (1) ISSUANCE OF

BONDS OR NOTES TO BE A U THORIZED BY ORDI-NANCE, Whenever the governing body of a mu-nicipality, after having obtained the consent oft he board of" harbor commissioners, determinesto finance the acquisition, construction, altec•a-tion or repair of a harbor facility through reve-nue bonds, refunding bonds or bond anticipationnotes, the governing body shall proceed by ordi-nance to authorize the issuance and sale of suchbonds or notes . The ordinance shall set forth thepurposes for which the bonds or notes are to beissued and shall state either the amount of suchiss ue or an amount which such issue shall notexceed : . The ordinance shall be offered and readat a regular meeting of'the governing body and anotice of the amount and purposes of such bondsor notes shall be published as a class 1 notice,under ch .. 985, not less than 10 days prior to themeeting at which such ordinance is to be consid-ered for final passage . . Thee ordinance is not validunless supported by the affirmative vote of atleast thc•ee-fourths of all of the members of thegoverning body taken at a regular meeting heldafter such publication . No referendum is re-quired before such revenue bonds, refundingbonds or bond anticipation notes are issued ..

(2) CONTENTS OF ORDINANCE AU THORIZING

BOND OR NOTE tssuE .. The ordinance authorizingthe issuance of revenue bonds, refunding bondsor bond anticipation notes "constitutes a contractwith the holder of'such bonds or notes and shallinclude covenants and provisions for the secu r ityof the bondholders and noteholders and thepayment of the bonds or notes as the governingbody deems necessa ry or desirable for the secur-ity of the bondholders and noteholdeis, includ-ing, but not limited to, provisions for the estab-lishment of'adequate rates or charges for the useof the public harbor facilities, insurance againstloss and covenants against the sale or alienationof such facilities and establishment of budgetsrel ating to operation of such facilities.. Anysuchordinance shall contain provisions fo r :

(a) Maintenance and operation of"the publicharbor facilities..

emergency repair's within the meaning of s . ..30 ,. .32 (4) . The secretary may pay for suchrepairss out of such fund on his signatu r e alone .

(5) OTHER FINANCING . Nothing in this sec-tion is intended to prevent a municipality notoperating its harbor as a commercial enterprisefrom raising and appropriating funds for con-struction, improvement, alteration or repair ofits harbor and harbor facilities in the samemanner as it may raise and appropriate funds forother legitimate municipal purposes .

History: 1973 c . 172 ; 1981 c. . 238 ..



may not create a board of harbor commissionersif' there exists an active town, village or cityboard of harbor commissioners within thecounty.

(2) How CREATED, Boards of harbor com-missioners shall be created by resolution of thegoverning body of the municipality . Such reso-lution shall state whether the board is to becomposed of .3, 5, 7 or 9 members and shall fixthe date of commencement of the original termof office . . Such resolution also shall state thelength of the' term of each member of the firstboard to be appointed, so that the term of one ormore will expire in one year, one or more in 2years, and one or more in 3 years .

(3) APPOINTMENTS, TERMS , QUALIFI CATIONAND COMPENSATION OF MEMBERS.. As soon aspossible after the passage of the resolution creat-ing such board, the chiefexecutive officer of themunicipality, in the case of a city or villageboard of harbor commissioners, or the chairmanof the town or county board, in the case of a townor co unty board of harbor commissioners, sha llappoint the members of the board and designatethe lengthh of the term of each member thereof inaccordance with the resolution creating theboard. Thereafter, at the expiration of'the termof any member, he shall appoint a successor for a3-year' 'term . All appointments are subject toconfirmation by the governing body of" the mu-nicipality : No person shall be appointed to theboard unless he is a qualified elector of themunicipality which created the board and hasbeen a resident of'the municipality for, at least 3years.. Not more than one member of thegoverning body of such municipality is eligiblefor appointment to the board . A person ap-pointed to the board shall serve until his succes-sor has been appointed and qualifies Membersof the board shall receive no compensation fortheir services but they shall be reimbursed forexpenses ac tua lly and necessaril y incu rred in t h eperformance of their duties.

(4) ORGANIZATION ; OFFICERS.. As soon aspossible after the appointment and confirmationof'the members of the board, they shall meet andorganize by electing from among their membersa president and a vice president . The board shallhold meetingss at such times and places as itdeterminesand may adopt such bylaws consist-ent withh laww as seem practicable for itsgovernment,, .

(5) EMrLOYES. The board shall employ asecretary, not a member of the board, and fix hissalary, and may employ such other persons,including a harbor master, as it deems necessaryfor, the proper performance of its functions, andfix their duties and compensation . If the munic-ipality which created the board has a civil ser-

in vested in such bonds or notes . . Ifthe munici-pality does not purchase such bonds or notes, asauthorized by this subsection, or determines tosel l such bonds or notes after having sopurchased them, the bonds or notes shall beoffered at sale in the manner and at the time andplace that the governing body dete rmines . Inc i ties of the 1st class, such bonds or, notes shallbe sold under the direction of the public debtcommission .

(6) BONDHOLDERS AND NOTEHOLDERS HAVE

LIEN. Title to all of' the harbor facilities forwhich revenue bonds, refunding bonds or bondanticipation notes are issued remains in themunicipality, but a statutory lien exists in favorof the bondholders and noteholders against thefacilities whichh have been acquired, constructed,altered or remodeled and thee cost of which hasbeen financed with funds obtained through theissuance of such bonds and notes . . To providefurther security for the bondholders and note-holders, the ordinance or resolution authorizingthe issuance of revenue bonds,, refunding bondsor bond anticipation notes may provide f'or, apledge of the revenues of the facilities, includ-ing, if the facilities are leased under sub . . (6), anassignment of all or part of the municipality'srights as lessor .'

(7) BONDS AND NOTES MAY BE PURCHASEDBY FIDUCIARIES, Bonds and notes issued pursu-ant to this section are hereby made securities inwhich any of the following may legally investany funds, including capital, belonging to themor within their control :

(a) State and municipal officers and bodies ..(b) Banks,, bankers, trust companies, savings

banks, b uilding and loan associations, savingsand loan associations, investment companiesand other persons carrying on a bankingbusiness .

(d) Administrators, executors, guardians,trustees and other fiduciaries ..

(e) Persons authorized to invest in bonds orother, obligations of the state ..

(8) BONDS AND NOTES MAY BE ACCEPTED BYSTATE OR MUNICIPAL. OFFICER, The bonds and

!notes issued pursuant to this section are madesecurities which may properly and legally bedeposited with and shall be received by any stateor municipal officer or agency for which. thedeposit of bonds or other obligations of the stateis a uthorized .'

History: 1973 c.; 172; 19 7 9 c 2 1 9; 19 8 1 c. . 2 .3 8 . .

30.37 Boardss of harbor commissionersauthorized . (1) WHO MAY CREATE. Any mu-nicipality situated on a navigable waterway maycreate a board of harborcommissioners to exer-cise the powers and perform the duties conferredupon such boards by law, except that a county


79830.37 NAVIGABLE WATERS , HARBORS AND NAVIGATION

formed bysuch of'f 'ices or agency and the assist-ance will not substantially affect the budget ofsuch officer or agency . . If a difference arisesbetween the officer or, agency and the board asto whether' such officer or agency is required torender the requested assistance, the ruling of thegoverning body. of the municipality with respectthereto shall be final .

(3) CONTRACT PROCEDURES . In the lettingof work relative to the construction, repair ormaintenance of a harbor or harbor facility or inthe purchase of equipment, supplies or materialsrelative to carrying out its powers and duties, aboard of harbor commissioners shall be gov-erned by the procedures and requirements setforth in s, :30 , 32,.

(4) TITLE TO LANDS AND FACILITIES, Title toharbor lands and facilities shall vest in themunicipality ..

(5) PLANNING AND EFFECTUATING HARBORIMPROVEMENTS . A board of harbor, commission-ers shall make suchh plans as it deems necessaryfor the improvement of ' the harbo r over which ithas , jurisdiction, so as to adequately provide forthe needs of commerce and shipping, includingthee efficient handling of fr eight and passenger 'traffic between the waterways of' the harbor andair and land transportation terminals . Amongother, things, such planning may include plansfor the acquisition of land for harbor purposes,including industrial sites, plans for laying outservice roads, plans for the construction andacquisition of harbor facilities designed to en-large or improve harbor operations, and plansfor the improvement of publicly-owned harborfacilities . In planning for service roads theboard shall seek the advice and co-ope r ation of'the local highwayy authorities and in all casesshall seek the advice and co-operation of' themunicipal planning agency, if any . . The boardshall not carry out any such plans until they havebeen submitted to and approvedd by the gov-erning body of the municipality,. When suchplans have been so approved, either as submittedor in modified form, the board shall be in chargeof carrying such plans into effect . ..

(6) LEASING HARBOR LANDS AND FACILITIES,,A board of ha rbor commissioners may lease toany party, either for exclusive or common use,such parcels of publicly-owned harbor lands orsuch publicly-owned harbor facilities as it deemsexpedient, provided such leasebis for any purposeor- use requiring, involving or connected with theconstruction, operation, maintenance or, use ofany harbor facility , Suchh board may also lease,for revenue purposes, any of the publicly-ownedharbor, lands under its jurisdiction; not actuallyin use for harbor purposes, to be used for anypurpose deemed satisfactory to the board . . No

vice system for its employes, all appointmentsshall be made pursuant to such system . .

(6) EFFECT OF REVISION ON EXISTING HAR-BOR sonxns . Boards of harbor commissioners,ha4bor, commissions or dock and harbor boardsin existence on January 1, 1960 are deemed to bevalid boards of harbor commissioners as if" cre-ated pursuant to this section and are vested withall the powers and duties conferred upon boardsof harbor commissioners by this chapter . . Themember's of such boards may continue to holdoffice until their terms expire, notwithstandingany provision of this section which would other-wise disqualify them, but appointments madeafter January 1, 1960 shall be made only inaccordance with this section Nothing in thissubsection is intended to prevent a municipalityby resolution from abolishing its board of harborcommissioners, harbor commission or dock andharbor board ..

30.38 Powers and duties of boards of. har-bOC commissioners . , (1) RELATIONSHIP TOMUNICIPALITY ' S GOVERNING BODY. (a) Exceptas otherwise expressly provided, a board ofharbor commissioners may exercise its powersand perform its duties without first obtainingthe consent of'the governing body of the munici-pality which created it, but in no event is theboard empowered to financially obligate in anymanner' this state without the consent of thestate legislature, or the municipality in which itoperates without the consent of the governingbody of such municipality .

(b) I t is the public policy of'this state that, sofar as possible, the board of'harbor, commission-ers shall have exclusive control of the commer-cial aspects of the day-to-day operation of thepublic harbor and public harbor facilities, as setforth in sub.. (8), and the governing body of themunicipality shall have exclusive control of thegovernmental aspects re lating to publ icc health ,order and saf"et,y . No municipality may exercisethe powers set forth in subs .. (8) (a) or (9),e xcept through a board of harborcommissioners..

(c) Insofar as consistent with the principleset forth in par. (b), all powers not expresslyconferred upon the board of harbor commission-ers are reserved to the governing body of themunicipality.

(2) MUNICIPAL DEPARTMENTS TO ASSISTBOARD OF HARBOR COMMISSIONERS . A board ofharbor commissioners may makee written re-quests to any other, officer or agency of themunicipality for assistance in the performanceof its duties and such officer or agency shallcomply with such request if the requested assist-ance involves: the type of work normally per-


799 NAVIGABLE WATERS, HARBORS AND NAVIGATION 30 .38

leases of municipally-owned harbor ' lands orharbor facilities made pursuant to this subsec-tion are valid until approved by the governingbody of the municipality, unless such governingbody has authorized the board to make suchleases without its approval .

(7) MAINTENANCE OF HARBOR FACILITIESThe board of harbor commissioners shall be incharge of the maintenance of the public harborfacilities To the extent thatt funds, includingrevenue from harbor operations, are availablefor such purpose, the board may make repairs toharbor facilities without first obtaining the con-sent of the governing body of the municipality , .

(8) HARBOR OPERATION.. (a) A board ofharbor commissioners shall have exclusive con-trol over, the commercial aspects of the day-to-day operation of the public harbor and publichar'bor' facilities , . Among other things the boardmay :

1 . Operate publicly-owned or leased whar'f'and terminal facilities and handling equipment .

2. Operate publicly-owned rail road beltlinesor other essential railroad facilities, or leaserailroad facilities,

3. Assign berths at publicly-owned or leasedharbor facilities

4. Maintain guards at publicly-owned orleased harbor, facilities.

(b) When so authorized by the municipalgoverning body, a board of harbor commission-ers also may :

L Operate airport faci lities owned . or leasedby the municipality and located on or contiguousto the harbor lands .

2. Operate municipal harbor craft, such asfireboats, tugs, dredges, barges, lighters andinspection boats.

(c) In lieu of operating the publicly-ownedharbor facilities, a board of harbor commission-ers may lease such facilities for operation by thelessee, but the board shall retain such controlover the lessee as will enable it to make certainthat the harbor is operated in accordance withthe public policy set forth in par ' (e) : No leaseof municipally-owned facilities is valid untilapproved by the governing body of the munici-pality, unless such governing body has autho-rized the board to make such lease without itsapproval ,

( d) ' A board of harbor commissioners mayadopt rules to facilitate the exercise of its power sand duties under this subsection . Copies of suchrules shall ` be made available to interested per-sops upon request.

(e) In exercising its powers underthis subsec-tion, a board of harbor commissioners shall beguided by a policy designed to maintain theoperation of' the harbor in a continuous, peacefuland efficient manner and shall maintain its

services so as to effectuate this policy and shallhandle without discrimination, any valid andlegitimate cargo .. B ut nothing in this subsectionshall prevent the board or its lessees from adopt-ing reasonable rules regarding noxious cargo orexplosives .

(f) A board of harbor commissioners shallhavee no,jurisdiction over public bridges .

(9) FIXING FEES. A board of harbor commis-sioners; shall fix and regulate all fees and chargesfor use of the publicly owned and operatedharbor facilities and for other services rendered .All such fees and charges are subject to theapproval of the governing body of the municipal-ity, Equal fees shall be charged for equalservices„ Copies of the schedule of fees andcharges shall be made available to interestedpersons upon request :

( 10) ACCOUNTS AND STATISTICS.A board ofharbor commissioners shall maintain an ade-quate system of accounts with respect to itsoperations, which system of accounts shall be inconformity with the system used by the munici-pality . The board also shall maintain statisticswith r espect to the traffic an d finances of theport"

(11) PROMOTION ACiYVITIES . A board ofharbor, commissioners may engage in activitiesdesigned to promote tra de and traffic throughthe port and for' this purpose may, among otherthings, make representations before officialpublic bodies and intervene in rate caseproceedings .

(12) RESPONSIBILITIES RELATIVE TO JOINTHARBORS., If a boar d of harbor commissioners isin charge of a harbor which lies partly in thisstate and partly in another state, the board shallbe the official body representing the interests ofthe Wisconsin part of such joint harbor and itsharbor facilities and shipping interests . Theboard shall study the needs of the harbord and itsharbor facilities and shipping interests, withr'efer'ence to both its separate Wisconsin aspectsand its joint aspects, and from time to time shallmake such recommendations to the proper a u-thorities for the proper maintenance, impt•ove-ment and betterment of the harbor, and espe-cially the Wisconsin part of such joint harborand its harbor facilities and shipping interests,as seems needful and practical: The board maytake steps within itss power as seem practicableto cause such recommendations to be carriedinto effect, The board may also meet and act,jointly with the agency having charge of theoperation of'that part of the joint harbor locate din the other state, on matters of common interestand which affect the joint harbor, and its harborfacilities . It may join with such agency inadopting a general plan fo r the development of


30.38 NAVIGABLE WATERS , HARBORS AND NAVIGATION 800

the joint harbor and in making such otherrecommendations as seem advisable and mayact joi ntly with such agency in doing a l l th in gswithin its power to cause such plans and recom-mendations to be carried into effect,

(13) FUNDS; DISBURSEMENTS ; NET REVENUE . .(a) Alll moneys appropriated to a board ofharbor commissioners, all revenues derived fromthe operation of'the public harbor except (in thecase of a ,joint harbor) revenue from ,joint im-provements before division thereof ; and all otherrevenues of the board shall be paid into themunicipall treasury and credited to thee harborfund, except that revenues assigned or pledgedunder s. .30 . .35 :(6) or 66.521 shall be paid intothe fund or, funds provided for in the ordinanceor resolution authorizing the issuance of thebonds and shall be applied in accordance withthat ordinance or resolution .,

(b) Subject to the limitations and conditionsotherwise expressed in this section and to abudget approved by the municipal governingbody, moneys in the harbor fund may be used forthe acquisition, construction, improvement, re-pair, maintenance, operation and administra-tion of the public harbor and harbor facilities .Except as provided in s 30,34 (4), such moneysshall be paid out of the harbor fund only onorders signed by the president and secretary ofthe board, or some other official authorized bythe board, after the allowance of claims by theboard or on orders entered in the minutes of theboard . Disbursements from the harbor, fundshall be audited as other municipal disburse-ments are .e audited; however, the board maydetermine on some other-, it deemsappropriate for the consideration of claims andthe reporting thereof notwithstanding the provi-sions of this paragraph If' a procedure otherthan that set forth in this paragraph is pre-scribed by the board, the approval of the chief'auditing officer shall be obtained .

(c) At the end of each fiscal year, the boardshall compute its net revenue , if any, afterpaying the costs of operating, maintaining andimproving the harbor . Thereupon, the boardshall certify the amount of such net revenue, ifany, to the municipal treasurer who shall causesuch amount to be transferred from the harborfund to the general fund,of'the municipality,

((14) REPOR TS OF EXPENDI TURES. A board ofharbor commissioners shall, on or before Octo-ber 1 of each ,year, file.e withh the clerk of themunicipality which created the board, a detailedstatement of the amountt of money that will berequired to meet its expenses and needs for theensuing year, and the clerk shall place suchstatement before the governing body in duecourse so that it may levy such taxes and makesuch appropriations as it deems practical to

30 .50 Definitions . In ss. 30 .50 to 30,80 :(1) "Boat" or "vessel" means every descrip-

tion of watercraft, other than a seaplane on thewater; used or capable of being used as a meansof transportation on water .

(2) "`Motorboat" means any boat equippedwith propulsion machinery, whether' or not themachinery is the principal source of propulsion .

( 3) "Owner" means the person who haslawful possession of 'a boat by virtue of legal titleor equitable interest therein which entitles himto such possession .

(4) "Waters of this state" means any waterswithin the territorial limits of this state, includ-ing the Wisconsin portion of boundary waters .,.

(5) "Operate" or "use" when used withreference to a motorboat, boat or vessel means tonavigate or otherwise employ .

(6) "Employ" means to make use off 'or' anypurpose other than maintenance .

(7), "Associated equipment" means any sys-tem, part or component of 'a boat as. originallymanufactured or any similar system, part or,.component manufactured or sold for replace-ment, repair or, improvement of the system, partor, component ; any accessory or equipment for,or appurtenance to, a boat and any marinesafety article, accessory or equipmentt intendedfor or used by a person on board a boat exceptradio equipment . .

(8) "Manufacturer" means any person en-gaged in the manufacture, construction or as-sembly of boats or associated equipment ; the:manufacture or constructionn of components for.boats and associated equipment to be sold forsubsequent assembly and the importation intothis state f'or, sale of boats, associated equipmentor components for boats . .

(9) "State of" principal use" means the statewhere the boat is used or is to be used mostduring the year,,

defray the expenses and meet the needs andrequirements of'the boardd in the performance ofits functions .

(15) ANNUAL REPORTS.. A board ofhatborcommissioners shall make a report annually tothe governing body of the municipality whichcreated it, giving an account of its activities andan account of its revenues and expenditures inthe preceding calendar year Such report maycontain such other matters as the board deemsof interest, including such recommendations asit deems to be for thee best interestt of themunicipality and its harbor, harbor facilitiesand shipping interests . .

History: 198 1 c 238

REGULATION OF BOATING



scribed by rule adopted by the department . Inprescribing such methods and formulas, thedepartment shall be guided by and give dueregard to the necessity for uniformity in meth-ods and formulas lawful for use in determiningsmall vessel capacity in the several states and toany methods and formulas which may be recog-nized or recommended by the U .S, coast guard . .

(4) Any vessel to which thiss section appliesnot having a capacity plate, meeting the require-ments of law, affixed thereto by the manuf'ac-turerthereof may have such affixed by any otherperson in accordance with such rules as thedepartment prescribes, and may thereafter beoffered for sale in this state, but no action takenpursuant to this subsection, or as describedherein, shall relieve any manufacturer fromliability for failure to comply with this section ..

(5) The information appearing on a capacityplate shall be deemed to warrant that the manu-factuter, or the person affixing the capacityplate as permitted by sub . . (4), has correctly andfaithfully employed a method and formula forthe calculation of maximum weight capacityprescribed by the department and that the infor-mation appearing on the capacity plate withrespect to maximum weight capacity and rec-ommended number of persons is the result of theapplication of such method and formula, andwith respect-to information concerning horse-power limitations that such information is not adeliberate or negligent misrepresentation .

(6) If any vessel required by this section tohave a capacity plate affixed thereto is of" suchdesign or- construction as to make it impractica-ble or undesirable to affix such plate, the manu-facturer-, or other person having the responsibil-ity for affixing the plate, may represent suchimpracticability or undesirability to the depart-ment' in writing. Upon determination by thedepartment that such representation has meritand that a proper and effective substitute for thecapacity plate which will serve the same purposeis feasible, the department may authorize suchalter-native compliancee and such alternativecompliance shall thereafter be deemed compli-ance with the capacity plate requirements of thissection ..

(7) The department may by rule exemptfrom the requirements of this section vesselswhich it finds to be of such unconventionaldesign or' construction that the information re-quired on capacity plates would not assist inpromoting safety or is nott reasonablyobtainable .

(8) The department may issue rules to carryout the purposesof' this section, but rules onvessel: capacity requirements shall conform withappropriate federall regulations .

30.501 Capacity plates on boats . (1)Every vessel less than 26 feet in length designedto carry 2 or more persons and to be propelled bymachinery as its principal source of power ordesigned to be propelled by oars shall, if ' manu-factured or offered for sale in this state, haveaffixed permanently thereto by the manufac-turer a capacity plate as required by this section ..As used in this section "manufacture" means toconstruct or assemble a vessel or alter- a vessel soas to change its weight capacity .

(2) A capacity plate shall bear the followinginformation permanently marked thereon so asto be clearly visible and legible from the positiondesigned or, normally intended to be occupied bythe operator of the vessel when under way :

(a) For all vessels designed for or representedby the manufacturer as , being suitable for usewith outboard motor:

1 .: The total weight of' persons, motor, gearand other articles placed aboard which the ves-sel is capable of carrying with safety under-normal : conditions .:

2 . The recommended number of persons com-mensurate with the weight capacity of the vesseland the presumed weight in pounds of each suchperson . In no instance shall such presumedweight per person be less than 150 pounds . .

3 . Clear notice that the information appear-ing on the capacity plate is applicable undernormal conditions and that the weightt of theoutboard motor and associated equipment isconsidered to be part of total . weight capacity...4 . The maximum horsepower of the motor the

vessel is designed or intended to accommodate ..(b) For alll other- vessels to which this section

applies :1 .. The total weight of persons, gear and other

articles placed aboard which the vessel is capa-ble of carrying with safety under normalconditions .

2 . The recommended number of persons com-mensurate withh the weight capacity of ' the vesseland the presumed weight in pounds of each suchperson.. In no instancee shall such presumedweight per person be less than 150 pounds .:

3 . Clear notice that the information appear-ing on the capacity plate is applicable under 'normal conditions.

(3) The information relating to maximumcapacity required to appear on capacity platesby sub , (2) shall be determined in accordancewith such methods and formulas as are pre-

(10) "Slow-no-wake" means that speed atwhich a boat moves as slowly as possible whilestill maintaining steerage control .

xis toiy: 1979 c. 27s .Recreational boating law in Wisconsin Whipp1e.61MLR

425 ..


30.501 NAVIGABLE WATERS, HARBORS AND`NAVIGATION 802

cafe of number' issued under' federal law or thefederally approved numbering system of an-other state is used in this state in excess of 60consecutive days or, to the extent that this statebecomes the state of principal use, the owner ofthe boat shall immediately apply for, a certifi-cate of number under this section . .

(2) NUMBERING PERIODS. NUItlb Oi'lIIg peri-ods shall Tun for, 2 years, commencing April 1 ofthe year in which the certificate is issued and,unless sooner terminated or discontinued in ac-cordance with this chapter, expiring on March31 of the 2nd year thereafter..

(3) FEES, (a) A fee shall be paid to thedepartment for the issuance of a certificate ofnumber' or renewal of such a certificate valid forthe whole or any part of a numbering period .Except as provided under pars, (b) and (c), thefee is $5 .

(b) For issuance of a certificate of number tothe new owner upon transfer of ownership of aboat numbered in this state, the fee shall be $2 if,the certificate is issued for the remainder of thenumbering period for which the previous certifi-cate was issued„

(c) A person owning or otherwise holding 3or more boats ready for hire generally or readyto let in connection with the operation of resortfacilities or' guide services may, at the person'soption, pay a flat fee of $7 .50 plus $1 . .50 per, boatfor' obtaining or renewing certificates of numberfor such boats in lieu of the fee which otherwisewould be payable .

(4) ISSUANCE OF CERTIFICATE OF NUMBERS .(a) Upon receipt of a proper application accom-panied by the required fee and payment of thesales and use tax due under s . . 77 .61 (1), thedepartment shall issue to the applicant a certifi-cate of number, stating the number awarded, thename and address of the owner and other infor-mation the department deems necessary .. Thecertificate of number shall be pocket size and ofdurable water resistant material„ A number'shall be awarded to a particular boat unless theowner is a manufacturer- of or, dealer in boats,motors or trailers, and desires to use the number'on his or ,'her, boats only while being tested ordemonstrated or, while being used for the pur-pose of testing or demonstrating a motor ortrailer.

(b) The department shall issue 2 registrationstickers or decals per boat except that only onesticker or decal shall be issued per sailboat .Such stickers or decals shall bear the year ofexpiration of the cur rent numbering period .

(5) NUMBERING SYSTEM TO CONFORM TOFEDERAL SYSTEM . The numbering system em-ployed by the department shall be in conformitywith the over-all system of identification num-

30 .51 Operation of unnumbered boatsprohibited ; exemptions. (1) CERTIFICATE OFNUMBER REQUIRED. No person may operate, andno owner may give permissionfor the operationof, any boat on the water's of this state unless theboat is covered by a valid certificate of numberissued underthis chapter or is exempt from thenumbering requirements of this chapter„

(2) EXEMPTIONS, A boat is exempt from thenumbering requirements of this chapter if it is:

(a) Manually propelled and is not equippedwith propulsion machinery or sail.

(b) A sailboat 12 feet in length or' less :(c) Covered by a valid certificate of number

issued under' federal law or' a federally approvednumbering system of another state, with theidentification number, properly displayed oneach side of the forward half, but this exemptiondoes not apply if the boat has been within thisstate for a period in excess of 60 consecutivedays or if this state is the state of principal use ofthe boat.

(d) Operated within a period of 15 days afterapplication for a certificate of number has beenmade and the required fee has been paid, if proofof applicationn is carried on board ..

(e) From a country other' than the UnitedStates temporarily using the waters of this state .

(f) A military or public boat of the UnitedStates, except recreational-type public vessels.,

(g) A boat whose owner, is a state or subdivi-sion of a state, which is used principally forgovernmental purposes, and which is clearlyidentifiable .

(h) A ship's lifeboat .(i) Present in this state, for a period of not to

exceed. 10 days, for thee express purpose of'competing in a race conducted undera a permitfrom a municipality or, an authorized agency ofthe U .S. government ..

History: 1973 c . 302; 1919 c. . 2'15 ..See note toArt. IX, sec . 1, cit ingS tate v. . .Jack man, 60 W

(2d) 700, 211 NW (2d) 480 .

30 .52 Certificates of number; applica -tions; issuance ; renewals; fees. (1) WHATBOATS TO BE NUMBERED IN THISSTATE. . Any boatrequired to be numbered under' this chapter andprincipally used in this state shall be numberedin this state under this section . If a boatotherwise' subject to the numbering require-ments of this chapter covered by a valid certifi-

(9) This section applies to vessels manufac-tured after January 1, 1966 and prior to Novem-ber 1, 1972. All vessels manufactured afterNovember 1, 1972, shall comply with appropri-ate federal regulations andthe capacity infor-mation shall be displayed as required„

History: 1979 c . 275,


NAVIGABLE WATERS , HARBORS AND NAVIGATION 30 .6080 .3 .

Bering for motorboats established by the U .S,,government. The department shall adopt suchrules as are necessary to bring the state number-ing system into conformity with such federalsystem . .

(6) DUPLICATE CERTIFICATES . If 'a certifi-cate of number or sticker or decal is lost ordestroyed the owner may apply for a duplicate, .Such application shall be made upon a formdesignated by the department and shall be ac-companied by a fee of $2 . .00 for each duplicatecertificate of number or sticker or decal appliedfor. Upon receipt of a proper application andthe required fee, the department shall issue aduplicate certificate or'a sticker or decal to theowner..

(7) DEPARTM ENT TO DISTRIBUTE SAFETY

rnMrxLErs. The department shall furnish toeach person obtaining a certificate of number' acopy of the state laws pertaining to operation ofboats or informational material based on suchlaws :

(8)` SALES AND USE TAXES The departmentshall collect saless and use taxess due under s ..77 ..61 . (1) on any boat for which a certificate ofnumber is issued.. The department shall usecollection and accountingg methods approved bythe department of'revenue .

' . .Histor y : 1971c.. 215;1973c '302 ;1977c. . 29,418 ;1979c3 4, 221, 275

30.53 Identification number to be dis-played on boat ; certificate to be carried.(1) DISPLAY OF IDENTIFICATION NUMBER . .Upon beingg issued a certificate of number andstickers or decals under this chapter, the ownerof the . boat shall paint on or attach the identifi-cation number and attach or affix the stickers or,decals to eachh side of the forward half in themanner prescribed by rules of the department inorder that they may be clearly visible and shallmaintain the number and stickers or decals inlegible condition at all times : The departmentshall furnish the owner with instructions relativeto painting or attaching the awarded numberand stickers or decals to the boat . A manufac-turer or dealer in boats,, motors of trailers mayhave the awarded number printed upon, or, at-tached to removable signs to be temporarily butfirmly mounted upon or attached to the boatwhile, being tested or demonstrated or whilebeing used in connection with the testing ordemonstt,ating of a motor, or trailer„ Nonumberother' than the number awarded and no stickersor decals other than those provided by thedepartment or granted reciprocity under thischapter may be painted, attached, or otherwisedisplayed on either side of the forward half of aboat .

30 .54 Transfer of ownership of numberedboat. (1) DUTY OF SELLER .. If the owner of aboat covered by a valid of expired certificate ofnumber issued by this state transfers all or anypart of his or her interest in the boat, other thanby the creation of 'a security interest, he or sheshall notify the department of the transfer- andshall at the same time return the certificate ofnumber to the department .

(2) DUTY OF' PURCHASER, Transfer of theownership of a boat terminates the certificate ofnumber for the boat,, except in the case of atransfer Of a part interest which does not affectthe transferor's right to operate the boat . . Thetransferee shall make application for- a newcertificate of number as prescribed by the de-partment . . Upon receipt of the application ac-companied by the required fee, the departmentshall issue a new certificate for the boat but shallnot assign a new number to the boat unlesscompliance with federal numbering regulationsrequire otherwise..History: .19'79 c. 275,i

30 .55 Notice of abandonment or destruc-tion of boat or change of address . (1)DESTRUCTION' O R ABANDONMENT ., If2 boat cov-ered by a certificate of number issued by thisstate is destroyed or abandoned, the owner shallnotify the department of such fact within 15days after the destruction or abandonment andshall at the same time return the certificate ofnumber to the department for cancellation ..

(2) CHANGE OF nDnxESS . Whenever any per-son, after applying for or receiving a certificateof number, moves from the address given in suchapplication or certificate ; he shall within 15 daysthereafter notify the department in writing ofboth his old and new address and of'the numbersawarded by any certificates held by him .

History:. 1973 c . 302.

30 .60 Classification of motorboats . Forthe purposes of ss . 30, 61 and 30..62, motorboatsare divided on the basis of their length into 4classes as follows :

(1) Class A-those less than 16 feet(2) Class 1-those 16 feett or over but less

than 26 feet . . .

(2) CERTIFICATE OF NUMBER TO BE AVAIL-ABLE FOR INSPECTION . The certificate ofnumber required under this chapter shall beavailable at all times for inspection on the boatfor- which issued, whenever the boat is in use,unless the department determines the boat is ofthe use, size of type as to make the retention ofthe certificate of' number, on the boatimpractical .

History: 1973c ' .. 302 ;1979c. 275 . .



(3) Class 2-those 26 feet or over but lessthan 40 feet . ;

(4) Class 3-those 40 feet or over . .

30.61 Lighting equipment . ( 1 ) WHENLIGHTS REQUIRED; PROHIBITED LIGHTS . (a) Noperson shall operate any motorboat at any timefrom sunset to sunrise unless such motorboatcarries the lighting equipment required by thissection and unless such equipment is lightedwhen and as required by this section ..

(b) No owner shall give permission for theoperation of a motorboat at any time fromsunset to sunrise unless such motorboat isequipped as required by this section .

(c) No person shall exhibit from oz on anymotorboat when under way at any time fromsunset to sunrise any light which may be mis-taken for those required by this section ..

(2) LIGHT 'S FOR MOTORBOATS OF CLASSES AAND 1 .. All motorboats of classes A and 1 whenunder way at any time from sunset to sunrisesha ll carry and have lighted the fo l lowing lamps:

(a) One lamp aft showing a bright white lightall around the horizon .

(b) One combined lamp in the fore part of themotorboatt and lower than the white light aft,showing green to starboard and red : to port andso fixed that each side of the combined lampthrows a light from directly ahead to 2 pointsabaft the beam on itss respective side .

(3) LIGHTS FOR MOTORBOAT 'S OF CLASSES 2

AND .3 . All motorboats of"classes 2 and 3 whenunder way at any time from sunset to sunriseshall carry and have lighted the following lamps :

(a) One lamp in the fore part of the boat asnear the stem as practicable, so constructed as toshow an unbroken bright white light over an arcof the horizon of 20 points of the, compass and sofixed as to throw the light from directly ahead to2 points abaft the beam on either side .

(b) One lamp aft showing a bright white lightall around the horizon and higher than the whitelight forward:

(c) On the starboard side, one lamp showinga green light, and on the port side, one lampshowing a red light, both fitted with inboardscreens of sufficient height and so set as toprevent these lights from being seen across thebow .. Each such side lamp shall be so con-structed as to show an unbroken light over an arcof the horizon of 10 points of the compass andshall be so fixed as to throw the light fromdirectly ahead to 2 points abaft the beam on itsrespective side .:

(4) SAILBOATS WITH Moroxs. Sailboatsequipped with motors and being propelled inwhole or in part by such motor must comply withsub. (2) or (3), whichever is applicable . . When-

ever such a sailboat is being propelled entirelyby sail at any time from sunset to sunrise, it shallhave lighted the lamps showing the coloredlights specified in sub .. (2) or (3), but not thelamps showing the white lights, and shall carryready at hand a lantern or flashlight showing awhite light which shall be exhibited in sufficienttime to avert collision .

(5) SAILBOATS WITHOUT MOTORS AND ROW-BOATS (a) Every boat propelled by muscularpower and every sailboat not equipped with amotor, when under way at any time from sunsetto sunrise, shall carry ready at hand a lantern orflashlight showing a white light which shall beexhibited in sufficient time to avert collision .,

(b) Moored, anchored and drifting boats andother fixed and floating structures, except duckblinds constructed in emergent vegetation,outside of designated anchorages or beyond 200feet from the shoreline shall be lighted fromsunset to sunrise by a white light visible allaround the horizon . "Designated anchorage"means that area of water established andmarked as an anchorage by lawful authority

(6) PERFORMANCE SPECIFICATIONS FORLAMPS Every whitee light prescribed by thissection shall be of' such character as to be visibleat a distance of at least 2 miles on a dark nightwith clear atmosphere Every colored lightprescribed by this section shall be of' such char-acter as to be visible at a distance of at least onemile on a dark night with clear atmosphere . .

(7 ) OPTIONAL LIGHTING REQUIREMENTS .,Any boat may carry and exhibit the lightsrequired by the federal regulations for prevent-ing collisions at sea, 1948, federal act of October11, 1951, (33 USC 143-147d) as amended, inlieu of the lights required by subs . . (2) and ( .3) .

(8) DEPARTMENT 'TO ADOPT' RULES . . The de-partment shall adopt rules modifying or supple-mentingthe lighting requirements of this sectionas may be necessary to keep those requirementsin conformity with the lighting rules adopted bythe U . S . coast guard .

History : 19 7.3 a, 302 ; 19 79 c.. 2'75 ..

30.62 Other equipment. (1) WHEN EQUIP-MENT REQUIRED, . No person shall operate anyboat on the waters of this state unless such boatis equipped as required by this section and therules of ' the department issued pursuant thereto . .No owner of a boat shall rent such boat to anyother person for, use upon the waters of this stateunlesssuch boat is equipped at the time of ' rentalas required by this section and the rules of thedepartment issued pursuant thereto.. If suchboat is properly equipped at the time of rentalfor conditions then existing, the responsibility of'the owner under this section is met, notwith-standing a subsequent change in the number, of


NAVIGABLE WATERS , HARBORS AND NAVIGATION 30 .65805

passengers or a change in time from daylight todark .

(2) MUFFLERS The engine of every motor-boat propelled by an internal combustion engineshall be equipped with a muffler which is soconstructedd and kept in constant operationn thatit prevents excessive or unusual noise at all timeswhile the engine is in operation .

(3) PERSONAL FLOTATION DEVICES .; Everyboat shall carry at least one personal flotationdevice prescribed by federal regulations for eachperson on board or being attended by the boat,so placed as to be readily accessible and avail-able to the persons :

(4) FIRE EXTINGUISHERS, Every motorboat,except outboards of open construction, shall beprovi ded with such number, size and type of Erieextinguishers, capable of promptly and effec-tively extinguishing burning gasoline, as pre-scribed by rules of the department . . Such fireextinguishers shall be at all times kept in condi-tion for immediate and effective use and shall beso placed as to be readily accessi ble.. "Openconstruction" means construction which will notpermit the entrapment of explosive or- flamma-ble gases or vapors . .

(5) BACKFIRE FLAME ARRESTERS, Every boatequipped with an inboard motor' using gasolineas a fuel shall have the carburetors of everyinboard gasoline motor fitted with an efficientdevice for arresting backfire flames .. The deviceshall meet the specifications prescribed by fed-eral regulations . .

(6) BILGE, ENGINE AND FUEL COMPARTMENTVENTILATORS, Every boat, except open boats,using as fuel any liquid of a volatile nature, shallbe provided with an efficient natural or mechan-ical ventilation system which is capable of re-moving resulting inflammable or, explosivegases . .

(7) EXCEPTIONS, Subsections (2) and (4)do not apply to a motorboat while competing in arace conducted pursuant to a permit from atown, village of city or from an authorizedagency of the U :S .;governmerit, nor does it applyto a boat designed and intended solely for rac-ing, while such boat is operated incidentally toth e t uning up of the boat and engine for the race .

(8) BATTERY COVER. Every motorboatequipped with storage batteries shall be pro-vided with suitable supports and secured againstshifting with the motion of the boat.. Suchstorage batteries shall be equipped with anon-conductive: shielding means to prevent acciden-tal shorting of battery terminals ..

(9) DEPARTMENT MAY ADOPT' RULES„ The de-partment shall adopt such rules modifying orsupplementing the associated equipment re-qu i rements of this section as are necessary to

30 .65' Traffic rules . (1) MEETING; OVER-TAKING ; RIGHT OF WAY . Every per-son operatinga boat shall comply with the following trafficrules, except when deviation therefrom is neces-sary to comply with federal pilot rules whileoperating on the navigable waters of the UnitedStates:

keep those requirements in conformity with fed-eral regulations,

History: 1973 c .. 302; 19'79 c . 2'15 . .

30.63 Sale and use of certain outboardmotors restricted . (1) SALE. Beginning Janu-ary 1, 1976, no person may sell any neww out-board motor for, use in the waters of this stateunless such motor is equipped with a crankcaseeffectively sealed to prevent the drainage of rawfuel into the waters in which thee motor' isoperated . .

(2) USE, Beginning January 1, 1990, noperson may operate an outboard motor in thewaters of this state unless such motor isequipped with a crankcase effectively sealed toprevent the drainage of raw fuel into the watersin which such motor is operated ..History: 1973 c 125 . :

30 .635 Motorboat prohibition . On lakes 50acres or less having public access, motorboatsmay not be operated in excess of slow-no-wakespeed, except when such lakes serve as thor-oughfares between 2 or more navigable lakes„The departmentt by rule may modify or waivethee requirements of this section as to particular,lakes, if it finds that public safety is not impairedby such modification or waiver,

Hi story : 1973 c.. 302, 336..

30.64 Patrol boats ., . (1) The operator of adully authorized patrol boat, when responding toan emergency call or when in pursuit of anactual or suspected violator of the law, need notcomply with state or local regulations fixingmaximum speed limits when a siren is beingsounded and if due regard is given to the safetyof other, persons in the vicinity . If a light is usedin conjunction with a siren it shall be the oscillat-ing or flashing type and be fitted with a bluelens .

(2) Upon the approach of a duly authorizedpatrol boat givingg an audio or visual signal theoperator of a boat shall reduce the boat speed tothat speed necessary to maintain steerage con-trol and yield the right-of-way to the patrol boatuntil it has passed ..

(3) No person operating a boat may refuse tostop after being requested of signaled to do so bya law enforcement officer .History: 1979 c . 2'75 . .


30.65 NAVIGABLE WATERS , HARBORS AND NAVIGATION 806

to save them from or minimize any danger,caused by the accident and shall give his nameand address and identification of his boat to anyperson injured and to the owner of'any propertydamaged in the accident .

(2) DUTY ro REPORT., (a) If a boating acci-dent results in death or injury to any person, thedisappearance of any person from a boat undercircumstances indicating death or injury, orproperty damage,, every operator of'a boat in-volved in an accident shall, without delay and bythe quickest means available, give notice of theaccident to a conservation warden or local lawenforcement officer and shall file a writtenreport with the department on the form pre-scribed by it . The department shall adopt rulesnecessary to keep accident reporting require-ments in conformity with rules adopted by theU.S. coast guard .

(b) If thee operator of a boat is physicallyincapable of making the report required by thissubsection and there was another, occupant inthe boat at the time of the accident capable ofmaking the report he shall make such report .

(3) TERMS DEFINED, In this section:(a) "Boating accident" means a collision,

accident or other casualty involving a boat . . :(b) ".Injury" means any injury of a physical

nature resulting in medical treatment, disabilityfor more than 24 hours or loss of consciousness ..

(c) "Total property damage" means the sumtotal cost of putting the property damaged in thecondition it was in before the accident, if repairthereof is practical, and if not practical, the sumtotal cost of replacing the property .

(4) REPORTS CONFIDENTIAL,, No report re-quired by this section to be filed with the depart-ment shall be used as evidence in any trial, civilor criminal, arising out of an accident, exceptthat the department shall furnish upon demandof any person who has or claims to have madesuch:a report, or upon demand of any court, acertificate showing that a specified accidentreport has or has not been made to the depart-ment solely to prove a compliance or a failure tocomply with the requirement that such a reportbe made ..

(5) TRANSMITTAL OF INFORMATION TO FED-ERAL AND STATE AUTHORITIES, If any requestfor information available on the basis of reportsfiled pursuantto this section is duly made by anauthorized official or agency of the U .S .. govern-ment or of thee state which registered the boattinvolved or thee state where the accident oc-curred, the department shall compile and fur-nish such information in accordance with suchrequest.. .

(6) CORONERS AND MEDICAL EXAMINERS TOREPORT ; REQUIRE BLOOD SPECIMEN. (a) Every

30.67 . Acc idents and accident reports .(1) DurY ro RENDER AID > Insofar as he can doso without serious danger to his own boat or, topersons on board, the operator of a boat involvedin a boating accident shall stop his boat and shallrender to other' persons affected thereby suchassistance as may be practicable and necessary

(a) When 2 motorboats are approachingeach other' "head and head, " or so nearly so as toinvolve risk of collision, each boat shall bear tothe right and pass the other boat on its left side . .

(b) When 2 motorboats are approachingeach other obliquely or, at right angles, the boatwhich has the other on her right shall yield therightt of way to the other. "Right" means fromdead ahead, clockwise to 2 points abaft thestarboard beam .

(d) When a motorboat and a boat propelledentirely by sail or muscular power' are proceed-ing in such a direction as to involve risk ofcollision,, the motorboat shall yield the right ofway to the other boat..

(e) A boat may overtake and pass anotherboat on either side if it can be done with safetybut the boat doing the overtaking shall yield theright of way to the boat being overtaken, not-withstanding any other rule in this section to thecontrary .

(f) A boatt granted the right of way by thissection shall maintain her course and speed,unless to do so would probably result in acollision .

(2) ADDITIONAL TRAFFIC RULES ,. The de-partment may adopt such additional trafficrules as it deems necessary in the interest ofpublic safety. Such rules shall conform as nearlyas possible to the federal pilot rules .

30.66 Speed restrictions. (1) SPEED TO BEREASONABLE A ND PRUDENT, No person shall op-erate a motorboat at a speed greater than isreasonable and prudent under' the conditionsand having regard for the actual and potentialhazards then existing . . The speed of 'a motorboatshall be so controlled as to avoid colliding withany object lawfully in or on the water or withany person, boat or other conveyance in or on thewater' in compliance with legal requirementsand exercising due care . .

(2) FIXED LIMITS, In addition to complyingwith sub (1), no person may operate a motor-boat at a speed in excess of the posted notice asestablished by regulatory markers

(3) PROHIBITED OPERATION, Except under- s ..30..69 (3), no person may operate a motorboatwithin 100 feet of'any dock, raft, pier or buoyedrestricted area on any lake at a speed in excess ofslow-no-wake speed ..

History: 1973 c 302; 1981 c . 303..


NAVIGABLE WATER; HARBORS AND NAVIGATION 30.68807

under the influence of an intoxicant or a con-trolled substance as defined in s ., 161,01 (4) .

(2) NEGLIGENT OPERATION . No person mayoperate or use any boat, or manipulate anywater skis, aquaplane or similar device upon thewaters of this state in a careless, negligent orreckless manner so as to endanger his life,property or person or the life, pr'oper'ty or personof another,

(3) OPERATION BY INCAPACITATED PERSONOR MINOR. (a) No per-son in charge or control ofa boat shall authorize or knowingly permit theboat to be operated by any person who by reasonof physical or mental disability is incapable ofoperating such boat under the prevailingcircumstances.

(b) No person under the age of 10 years mayoperate a motorboat . Persons at least 10 andless than 12 year's of age may operate a motor ..boat only if they are either accompanied in theboat by a parent or guardian or a person at least18 years of age designated by a parent orguardian . Persons at least 12 and less than 16years of age may operate a motor, of any horse-power, but only if they are either accompaniedby a parent or, guardian or a person at least 18years of age designated by a parent or guar dian,or, in possession of a certificate issued under s ..30,74 (1) . Violations of this paragraph donewith the knowledge of 'a parent or guardian shallbe deemed a violation by the parent or guardian,and punishable under s . 30 .:80 .

(4) CREATING HAZARDOUS WAKE OR WASH ..(a) No person shall operate a motorboat so as toapproach or pass another boat in such a manneras to create a hazardous wake or wash,

(b) An operator of a motorboat is liable forany damage caused to the person or property ofanother by the wake or wash from such motor-boat unless the negligence of such other' personwas the primary cause of the damage . .

(5 ) OPERATING IN CIRCULAR COURSE, No

person may operate..a motorboat repeatedly in acircuitous course around any other' boat, oraround any person who is swimming, if suchcircuitous course is within 200 feet of such boator swimmer; nor shall any boat or water skieroperate or, approach closer than 100 feet to anyskin diver's flag or any swimmer unless the boatis part of the skin diving operation or, is accom-panying the swimmer, or unless physical con di-tions make compliance impossible.

(6,) RIDING ON DECKS AND GUNWALES, Noperson operating a motorboat shall allow anyperson to ride or' sit on the gunwales, tops of seatbacks or sides or on the decking over the bow ofthe boat while under way, unless such person isinboard of guards or, railings provided on theboat to prevent passengers from being lost over-

coroner or medical examiner shall on or, beforethe 10th day of eachh month report in writing tothe department the death of'an,y person withinhis or her jurisdiction during the precedingcalendar month as the result of an accidentinvolving a boat and the circumstances of theaccident.

(b) In cases of death involving a boat inwhich the person diedd within 6 hour's of the timeof the accident, a blood specimen of at least 10cc.. shall be withdrawn from the body of thedecedent within 12 hours after his or her death,by the coroner or, medical examiner or, by aphysician so designated by the coroner' or medi-cal examinerr or by a qualified person at thedirection of the physician .. All morticians shallobtain a release 'from the coroner, or medicalexaminer prior to proceeding' with embalmingany body coming under the scope of this section .The blood so drawn shall be forwarded to alaboratory approved by the state health officer-for analysis of the alcoholic content of the bloodspecimen: The coroner or, medical examinercausing the blood to be withdrawn shall benotified of the results of each analysis made andshall forward the results of each analysis to thestate health officer„ The state health officer shallkeeper record of all examinations to be used forstatistical purposes only The cumulative resultsof the examinations, without identifying theindividuals involved, shall be disseminated andmade public by the state health officer. Thedepartment shall reimburse coroners and medi-cal examiners for the costs incurred in submit-ting reports and taking blood specimens andlaboratories for, the costs incur'r'ed in analyzingblood specimens under this section .,

History: 1973 c . 302; 1 979 c . 275 .

30.675 Distress signal flag . The display ona boat or, by a person of an orange flag approxi-mately 18 by 30 inches in size shall indicate thatsuch boat or person is in need of help .

(1) Insofar as is possible' without seriousdanger to his own boat or persons on board, theoperator of a boat observing such distress signalshall render to the boat or person displaying thesignal such assistance as may be practicable andnecessary to save the boat or person or to mini-mize any danger to them ..

(2) No person shally display a flag like thatdescribed in sub„ (1) unless such person is inneed of assistance to prevent bodily injury ordestruction of property .

30.68 Prohibited operation. (1) INTOXI-CATED OPERATION. No pet-son may operate aboat upon the waters of this state or use water'skis, ; an aquaplane, or, a similar device while



board . . Nothing in this section shall be con-strued to prohibit entry upon the decking overthe bow of the boat for the purpose of'anchoring,mooring or casting of'f' or other necessarypurpose.

(7) RESTRICTED AREAS . . No person shall op-erate a boat within a water area which has beenclearly marked by buoys or some other distin-guishing device as a bathing or swimming area ;nor operate a boat in restricted use areas con-trary to regulatory notice pursuant to s . . 30 .74(2) . This subsection does not apply in the caseof an emergency, or to patrol or rescue craft

(8) ANCHORING IN TRAFFIC LANES . . No per-son may anchor, place, affix or abandon anyunattended boat, raft, float or similar structurein the traveled portion of any river or channel orin any traffic lane established and legallymarked, so as to prevent, impede or interferewith the safe passage of any other boat throughthe same . .

(9) OVERLOADING No boat shall be loadedwith passengers or cargo beyond its safe carry-ing capacity, taking into consideration weather'and otherr existing operating conditions .

(10) OVERPOWERING,, No boat shall beequipped with any motor or other propulsionmachinery beyond its safe power capacity, tak-ing into consideration the type and constructionof such watercraft and other existing operatingconditions . .

(1 1 ) UNNECESSARILY SOUNDING WHISTLES

No person shall unnecessarily sound a horn,whistle or other sound-producing device on anyboat while at anchor or under way .. The use of 'asiren on any except duly authorized patrol boatson patrol or rescue duty is prohibited,.

(12) MOLESTING OR DESTROYING AIDS IONAVIGATION AND REGULATORY MARKERS . . Nounauthor ized person shall move, remove, mo-lest, tamper with, destroy or attempt to destroy,or moor or fasten a boat (except to mooringbuoys) to any navigation aids or regulatorymarkers, signs or other devices established andmaintained to aid boaters ..

History: 197 1 c . 40 s . 9 3 ; 19 7 1 c . . 2 19 ; 1973 c 302; 19 75 c ...22,39

30.69 Water skiing. (1) PROHIBITED ATCERTAIN TIMES; EXCEPTIONS, (a) Except as pro-vided in par, (b), no person may operate amotorboat towing a person on water skis, aqua-plane or similar device unless there is in the boata competent person in addition to the operator ina position to observe the progress of the personbeing towed . An observer shall be consideredcompetent if" he can in fact observe the personbeing towed and relay any signals to the opera-tor. This obser'ver' requirement does not apply tomotorboats classified as Class A motorboats by

30.70 Skin diving. No person may engage inunderwater diving or swimming with the use ofswimming fins or skin diving in wate r s otherthan marked swimming areas or within 150 feetof shoreline, and no person may engage inunderwater diving or swimming with the use ofself-contained underwater breathing apparatusin waters other than marked swimming areas,unless the location of ' such diving or swimming isdistinctly marked by diver's flag, not less than12 inches high and. 15 inches long, displayingone diagonal white stripe 3 inches wide on a redbackground, and of height above the water so asto be clearly apparent at a distance of 100 yardsunder normal conditions, and so designed anddisplayed as to be visible from any point on thehorizon .. Except in case of emergency, anyoneengaging in such diving or swimming shall notrise to the surface outside of a radius of S0 feetf'r'om such flag,; No person engaged in suchdiving or swimming shall interfere with theoperation of anyone fishing nor engage in suchdiving or swimming in established traffic lanes;nor shall any such person alone or with another,intentionally or unintentionally, block or ob-struct any boat in any manner' from proceedingto its destination where a reasonable alternativeis unavailable . A reasonable alternative route isavailable when the otherwise unobstructed boatcan proceed to its destination without reducing

the department actually operated by the personsbeing towed and so constructed as to be incapa-ble of carrying the operator in or on the motor-boat . No person may engage in water skiing,aquaplaning of similar activity, at any time fromsunset to sunrise This restriction of ' the hour ' s ofwater skiing does not prevent restrictions of thehours of water skiing between sunrise and sunsetby local ordinancess enacted pursuant to s .. 30, 77( .3) .

(b) Paragraph (a) does not apply to dulyauthorized water ski tournaments, competitions,exhibitions or trials therefor, where adequatelighting is p r ovided . .

(2) CAREFUL AND PRUDENT OPERATION,, A

person operating a motorboat having in tow aperson on water skis, aquaplane of similar de-vice shall operate such boat in a careful andprudent manner and at a reasonable distancefrom persons and property so as not to endangerthe life or property of any person .

(3) RESTRICTION, No boat towing personsengaged in water skiing, aquaplaning or similaractivity on any lake shall engage in such activitywithin 100 feet of any occupi ed anchored boat ormarked swimming area or public boat landing,except where pickup and drop areas are estab-lished and marked with regulatory markers . .

History: 1973 c 302 . .


809 NAVIGABLE WATERS, HARBORS AND NAVIGA TION 30.74

30 .73 Use regulations, Brule river. (1)PROHIBITED USES, No person may operate, oc-cupy or use any motorboat or any pneumaticinner tube, inflatable raft or similar device onthe Brule river or any of its stream tributaries inDouglas county .. This subsection does not pro-hibit a person fromm operating,, occupyingg orusing a noninflatable nonmotoiized boat, canoeor kayak., .

(2) EXCEPTIONS Subsection (1) does notapply to : _

(a) Peace officers or rescue units engaged inemergency operations .

(b) Agents of the department while engagedin fish management or law enforcementactivities.,

(c) Persons on the Brule river within one mileof its mouth . .

(3) ENFORCEMENT; LITTERING, The depart-ment shall enforce this section and restrictionson littering in the area of the Brule river and itsstream tributa r ies in Douglas county..

(4) PENALTY, A person who violates thissection is subject to the penalties provided unders . . 30.80" (1) .

History: 1981 c , .so3.

30.74 Additional functions of depart-ment. In addition to other powers and dutiesconferred upon the department relative to boat-ing safety and the regulation of boating, thedepartment shall :

( 1 ) BOATING SAFETY PROGRAMS .. (a) Create

comprehensive courses on boating safety andoperation. These' courses shall be offered incooperation with schools, private clubs and or-ganizations ; and may be offered by the depart-ment in areas where requested and where othersponsorship is unavailable . The departmentshall issue certificates to persons 10 year's of ageor older successfully completing such courses .

(b) The department shall prescribe thecourse content, : the form of the certificate andmay collect $2 from each person who enrolls i nthe course, The department may authorize

30.72 Watercraft use regulations , lowerSt. Croix river.. (1) WATER SURFACE USERULES., (a) The department shalll promulgaterules to govern the operation of' boats on thelower: St . Croix river. The regulations mayr estrict anyy or all of the following.

1 . The type of boats whichh may be used on thewaters af'f'ected, by the regulations ;

2 . The areas of water which mayy be used byboats ;

3, Speed of boats ; or4 . The hours during which boating is

permitted(b) In promulgating the rules required under

.par . . (a), the department shalll consider thephysicall characteristics of the waters affected,their' historical uses, shoreland uses and classifi-cation, 'the classification of river segments underthe lower St . Croix national scenic riverwaymaster plan,, and any other features unique tothe lower St . . Croix river, as well as the views ofappropriate officials of counties, cities, villagesand towns lying within the affected area, and ofappropriate officials of agencies of the federalgovernment and the state of Minnesotaa whichhave jurisdiction over the waters of the lower St .Croix rivet .

(2) CONCURRENT REGULATIONS REQUIRED ..Rules promulgated under this section are effec-tive upon adoption of laws, rules or regulationsproviding for similar limitations or prohibitionson the operation and use of boats on the samesegments of the lower St.. Croix river by the stateof Minnesota or its agencies . In exercising theauthority granted by this section, the depart-ment may enter into necessary agreements withthe federal government and its agencies, or withthestate of Minnesota and its agencies under s . .66.30 (5)

(S )i ENFORCEMENT. In addition to the en-forcement powers granted to the departmentunder s. .30 .74. (3), the rules promulgated under'

its lawful speed, by passing to the right or to thel eft of a marked diving operation . .

History: 1973c,302' . .

30 .71 Boats equipped with toilets. No per-son may, whi le mainta ining or operating anyboat equipped with toilets on inland waters oroutlying waters of this state, as defined in s .29.01 (4), dispose of any toilet wastes in anymanner into the inland or outlying waters of thisstate : The department of industry, labor andhuman relations may adopt rules necessary tocarry out the purposes of thiss section . .

History : 1977 c . 395 ; . 19 '79 c 22 1 . .Mississ i ppi River is an inland water o f Wiscon sin a nd the

boat toilet law may be enforced on the e nt ire w i dth of'the Mis-sissippi bor dering Minnesot a and up t o the ce nt er of th e mainchannel b order ing Iowa. . 6 1 Atty. . Gen . . 16' 7 .7

this section may be enforceable by officers ofmunicipal water patrols having jurisdiction onwaters of'the lower St . Croix river under s . . 30 ..'79(3 ) .. All officers so empowered by this sectionmay exercise reciprocal powers which may beconferred upon them by the state of Minnesotaof its agencies of political subdivisions relatingto enforcement of'regulations governing the useor operation of" boats on the lower St Croixriver .His tory : 1975 c . 208 . .Note: Chapter 208 , laws of 1975, which created this sec-

tion , contains a s tatement of legislativ e purpo se in sec tion 1 .See the 1975 s ession law volume.


30.74 . NAVIGABLE WATERS, HARBORS AND NAVIGATION 810

instructors conducting such courses meetingstandards establishedd by it to retain $1 of the feeto defray expenses incurred locally to operatethe program .. The remaining $1 of the fee shallbe retained by the department for, the purpose ofdefraying a part of its expenses incurred tooperate the program ..

(c) Valid cer'tif'icates issued by other states orprovinces held by persons between the ages of 10and 16 years will be honored if the coursecontent substantially meets that established bythe department .

(d) The department shall also prepare anddisseminate information on water safety to thepublic, including : the informational pamphletsspecified in s . 30,52 (7) .

(2) UNIFORM NAVIGATION AIDS. (a) By ruleestablish uniform marking of the water areas ofthis state through the placement of aids tonavigation andregulatory markers . Such rulesshall establish a marking system compatiblewith the system of aids to navigation prescribedby the U;S, coast guard and shall give dueregard to the system of uniform waterway mark-ers approved by the advisory panel of stateofficials to the merchant marine council, U .SScoast guard .. After January 1, 1968, no munici-pality or person shall mark the waters of thisstate in any manner in conflict with the markingsystem prescribed by the department. Anymarker which does not comply with such mark-ing system by January 1, 1968, is deemed anunlawful obstruction to navigable waters andmay be removed in accordance with laws

(b) For purposes of this section "aids tonavigation" means buoys, beacons and otherfixed objects in the water which are used to markobstructions to navigation or' to direct naviga-tion through safe channels ; "regulatory mark-ers" means any anchored or fixed marker in thewater or anchored platform on the surface of thewater, other than aids to navigation, and shallinclude but not be limited to bathing beachmarkers, speed zone' markers, informationmarkers, mooring buoys, fishing buoys and re-stricted activity area markers :

(3) ENFORCEMENT Assist in the enforce-ment of ss . 30.50 to 30.80 and in connectiontherewith maintain patrol boats and operatesuch patrol boats at such times and places as thedepartment deems necessary in the interest ofboating safety and the effective enforcement ofboating laws .

History: 1973 c. 3 02.

30 .745 Limited jurisdiction for adminis-tration and enforcement of navigation aidsby municipalities . (1) DEFINITIONS . As usedin this section:

30 .75 Service of process on nonresident .(1) How SERVED,, Service of process upon anonresident defendant in any action claiminginjuryy to person or property arising out of theoperation of a boat in this state may be either bypersonal service within or without this state or,by registered mail as provided in sub .. (2) .

(2) SERV ICE BY REGISIERED -MAIL , I f serviceof process is to be by registered mail, the originaland necessary copies of the summons shall beleft with the clerk of the court in which theaction is to be brought, together, with a sum of 75cents to cover the cost of mailing . The clerkshall mail a copy to the defendant at his lastaddress as known to the plaintiff or clerk, withthe return receipt signed by the addressee re-quested. Service of such summons is deemedcompleted when it is mailed. The clerk shallenter upon the docket the date when the sum-mons is mailed and the name of the person towhom mailed„

30 .77 - ' Local regulation of boating. (1) LaCAL REGULATION PROHIBITED; EXCEPTIONS.Sections 30.50 to 30 .71 shall be uniform inoperation throughout the state No municipal-itymay: ,

(a) Enact any local regulation requiring localnumbering, registration or licensing of boats orany local regulation charging fees for inspection,except as provided in sub . (3) (b) ; or

(a) "Adjacent outlying waters" means theoutlying waters adjacent to the boundaries of amunicipality and extending outward for- a dis-tance of one-half mile .

(b) "Municipality" means any town, villageor city ..

(c) "Outlying waters" has the meaning pro-vided under s, 29 .01 (4) (a) .

(2) EXERCISE OF LIMITED JURISDICTION. (a)Authority to enact ordinances. A municipalitymay enact by ordinance a navigation aids sys-tem and regulations affecting moorings, mark-ers and buoys in adjacent outlying waters if thesystem an d regulations are not in conflict withthe uniform navigation aids system establishedby the department under s . .30 .74 (2) or withany county ordinance.

(b) Conflicts. Any municipal ordinance en-acted under this section which conflicts with theuniform navigation aids system established bythe department under s .. 30,74 (2) or with anycounty ordinance is void,

(c) Administration and enforcement: A'mu-nicipality may exercise jurisdiction over, adja-cent outlying waters for the purpose of adminis-tering and enforcing an ordinance enacted under,this section,

History: 1981 c . 222 .



(b) Except as provided in subs . . (2) and (3),enact any local regulation which in any mannerexcludes any boat from the free use of ' the watersof this state or which pertains to the use, opera-tion or equipment of boats or which gove rns anyactivity regulated by ss „ .30.. 50 to 30 . . 71 ..

(2) ORDINANCES CONFORMING TO STATELAW, Any municipality may enact ordinanceswhich are in strict conformity with ss . .30 . . 50 to30 71 or rules of ' the department enacted pursu-ant thereto..

(3) LOCAL REGULATIONS. (a) Any town,village or city may, in the interest of publichealth, safety or welfare, adopt local regulationsnot contrary to or inconsistent with this chapter,relative to the equipment, use or operation ofboats or relative to any activity regulated by ss30.60 to .30 . 71, but no such local regulationwhich in any manner' pertains to the equipment,use or operation of a boat on an inland lake isvalid unless all towns, cities and villages having

,jurisdiction on the waters of the lake have en-acted an identical localregulation .: If' anycounty operates any marina development adja-cent to any waters or lake, the authority con-ferred upon any ; town, village or city by thisparagraph shall exclusively vest in said county inrespect to adoption of such local regulationsinsofar as they relate to the development, opera-tion and use of said facility and its adjoiningwaters. Local regulations pertaining to equip-ment, use or operation of boats on inland lakesshall be subject to advisory review by the depart-ment. Within 60 days after June 19, 1974, theclerk of eac h town, village or city which hasenacted such regulations shall submit a copy ofsuch local regulations to the department . Localregulations proposed subsequent to this dateshall be submitted by the clerk to the depart-ment at least 60 days prior to final actionthereon by the town, village or city governingbody. Advisory reports as to town, village or cityregulation of equipment, use or operationn ofboats on inland lakes shall be based on consider-ation of the effect of the local regulation on thestate ' from the standpoint of uniformity andenforcement and on the affected town, village orcity in view of pertinent local conditions ; shallstate in what regard such regulations aredeemed consistent or inconsistent with thischapter as to public health, safety or welfare;and shall be accompanied by suggested changes ;if any. '. No later than one year after June 19,1974 as to the town, village or city regulations ineffect on this date and no later than 20 days afterreceipt by the department of local regulationsproposed after - this date, the department shalladvise the town,, village or city in writing, ad-dressed to the clerk, as to the resultss of itsadvisory review heceunder . .

30.78 Municipal regulation of seap lanes . .(1) REGULATION AUTHORIZED .. Any city, vil-lage or town adjoining or surrounding any wa-ters may, after' public hearing, by ordinance :

(a) Prescribe reasonable safety regulationssrelating to the operation on the surface of suchwaters of any aircraft capable of landing onwater.

(b) Prescribe the areas which may be used asa landing and take-off strip for such aircraft or'prohibit such use of the waters altogether . Thedepartment of transportation shall receivetimely noticeof the public hearing requiredunder this subsection and shall have an opportu-nity to present testimonyy on the proposed ordi-nance, Any ordinance adopted under this para-graph shall be filed with the department of'transportation..

(c) Provide proper and reasonable penaltiesfor the violation of any such ordinance . .

(2) MARKING OF REGULATED OR RE-STRICTED AREAS., Every such ordinance shalldirect that the regulated or prohibited areas bedesignated by standard marking devices ..

(3) CONFLICT OF .IURISDICTION, Any conflictin jurisdiction arising from the enactment ofordinances by 2 or more municipalities shall beresolved under s . 66 .32,:

. History: . 1975 c. . 269 :

30.79 Municipal waterr safety patrols ;state aids. (1) DEFINITIONS . In this section :

(b) Notwithstanding the prohibition in sub . .(1) against local regula t ions which exclude anyboat from the free use of the waters of the state,any municipality may charge reasonable fees for:the use of public boatlaunching facilities ownedor operated by it and any town, village or citymay regulate the operation, equipment, use andinspection of-'those boats carrying passengers f'or'hire which operate from a base within its ,juris-diction and charge reasonable fees for suchinspection .

(4) PUBLICIZING LOCAL REGULATIONS. All

local regulations adopted under sub . (3) shall beprominently posted by the local authority whichenacted them at all public access points withinthe local authority's jurisdiction and also shallbe fi led with the department.History: 1973 ' c.. 302 .Sub.. (3) is an exception to sub. (2 ) A local ordinance

prohibiting operation of a motor boat on a lake on Sunday willnot be held invalid pending determination of whether it is inthe interest of public health or safety. Menzer v ElkhartLake, 51 W (2d) 70,186 NW (2d ) 290. .

Village was authorized under 30 .77 ( 3) a nd 6134 (1) toenact o rdinance which granted exclusive tempo ra ry use ofportion of lake for public wa ter exhibition licensees . State v.Village of Lake . Delton, 93 W (2d) 78, 286 NW (2d) 622(Ct . App. . 1979) ..

See note to 29..50, citing 6 8 Atty. . Gen. . 23 3 ..



(a) "State aid" means payment by the stateto a municipality for ': or' toward the costt of theoperation or maintenance of a water safetypatrol unit .

(b) "Water safety patrol unit" means a unitwithin an existing municipal law enforcementagency or a separate municipal agency, createdby a municipality or by a number of municipali-ties riparian to a single body of water for thepurpose of enforcing ss 30 : 50 to 30,80 and anyrules and ordinances enacted under ss . 30 50 to30„ 80 and for conducting search and rescueoperations..

(2) STATE AID . In order to protect publicrights in navigable waters and to promote publichealth, safety and welfare and the prudent andequitable use of the navigable waters of thestate, a system of state aids for local enforce-ment of ss . 30 . 50 to 30,80 and ordinances en-acted under ss . 30,50 to 30 . . 800 and for con-ducting search and rescue , operations isestablished .. Aid shall be granted under thissection to those municipalities, which establish,maintain and operate water safety patrol unitsin accordance with this chapter .

(3) ENFORCEMENT POWERS . . Officer's patrol-ling the waters as part of a water safety patrolunit may stop and board any boat for, the pur-pose of enforcing ss . 30 .50 to 30 . 80 or any rulesor ordinances enacted under ss . .30 . . 50 to .30.. 80and for conducting search and rescue opera-tions, if ' the officerss have reasonable cause tobelieve there is a violation of the sections, rulesor ordinances or the stopping and boarding ofany.y boat is essential to conduct a search andrescue operation ,

(4) JURISDICTION, Upon petition by anymunicipality or groupp of municipalities operat-ing or intending to operate a water safety patrolunit, the department shall, i f itfinds that it is inthe interest of efficient and effective enforce-ment to do so, by rule define the waters whichmay be pat r olled by the unit, including waterslying within the territorial jurisdiction of someother town, village or city if the town, village or,city consents to the patrol of its waters . Suchconsent is not required if' the petitioner is amunicipality containing a population of 5,000 ormore, bordering upon the waters to be affectedby the rule in counties having a population ofless than 500,000 . .. Officers patrolling thewatersas part of the water safety patrol unit shall havethe powers of sheriff in enforcing ss . 30,50 to30.80, or rules or ordinances enacted under ss .30.50 to 30.80 and in conducting search andrescue operations, on any of the waters so de-fined, whether or, not the waters are within themunicipality's , jui • isdiction for other purposes ..

30.80 Penalties. (1) Any person violatingany provision of ss , . 30 50 to 30 . 80 forwhich apenalty is not provided by sub . . (2), (3) or (4)shall forfeit not more than $50 for the firstoffense and shall forfeit not more than $100upon conviction of the same offense a 2nd orsubsequent time within one year .

(2) Any person violating s .. 30,67 (1) or,30..68 (1) or (2) shall be fined not more than$200 or imprisoned not more than 6 months orboth . . Any person violating s . . 30,68 shall berequired to obtain a certificate of" satisfactorycompletion of a safety course under s .. .30 . .74 (1) .Any person violating s . 30 , 67 (2) shall forfeitnot more than $200 ,.

(3) Any person violating s . 30 . . 711 or any rulepromulgated under that section shall: forfeit notmore than $100 for the first offense and shallforfeit- not more than $200 upon conviction ofthe same offense a - 2nd or subsequent timewithin one year .

(4) Any person violating any provision of s .30.72 or the rules adopted pursuant thereto shallbe fined not more than $100 or imprisoned fornot more than 30 days, or both, for thee firstoffense, and fined not more than $200 or, impxis-

(5) PAYMENT OF AIDS, On or before January31 of the year following the year, in which amunicipality operated a water safety patrol unit,it shall file with the department on the formsprescribed by it a detailed statement of the costsincurred by the municipality in the operation ofthe water safety patrol unit during the pastcalendar year and of the receipts resulting fromfines or forfeituress imposed upon persons con-victed of' violations of" ordinances enacted unders .. 30 .. 77 . . The department shall audit the state-ment and determine the net costs, after deduc-tion of any fines or' forfeitures imposed uponpersons convicted of' violations of ordinancesenacted under s . .30.77, which are directly attrib-utable to the operation and maintenance of thewater safety patrol unit, including a reasonableamountt for depreciation of equipment . . The de-partment shall computee the state aids on thebasis of 75 % of the nett costs directly attributa-ble to the operationn and maintenance of thewater safety patrol unit and shall cause the aidsto be paid . on or before April 1 of the year inwhich the statements are filed If the state aidspayable to municipalities exceed the moneysavailable for- such purpose, the department shallprorate the payments . No county or municipal-ity shall receive state aid amounting to morethan 20% of the funds available .

History : 19 73 c. 302 ; 19 ' 1'7 a . 29, 294 .Water patrol officers in county patrol have sheriff's powers

when directly enforcing 30 50 to 30, 80; deputization of suchofficers by the sheriff is not necessary but desirable . 65 Atty. .Gen . 169,



oned for not more than 90 days, or both, upon tion over Lake Lions, and may enact and enforceconviction of the same of'f'ense a 2nd or, subse- suchh ordinances necessary to prevent any deter i-quent time within one year- oration of the said waters or, any nuisances

History: .19'73 c . 302; 1975 c. 208, :365, 422 ;1979 c .296 ss which would adversely affect the health or,1 to 33 safety of the people.

30.92 Recreational boating facilities . . (1)DEFINITIONS, In this section :

(a) "Commission" means the Wisconsin wa-terways commission established under' s ,. 15,345(1) „

(b) "Recreational boati ng facilities" meansplaces where the public has access to the waterby means of breakwaters and other similarphysical structures, either naturally or artifi-cially constructed, which provide safety andconvenience for operators of recreational water-craft . . Recreational boating facilities on theGreat Lakes are commonly referred to asharbors of refuge . Recreational boating facili-ties on inland waters are commonly referred toas public accesses or launching ramps

(2) STUDIES,, (a) The commission may causeto be conducted appropriate studies, includingfeasibility studies, and inventories to aid inassessing the need for recreational boatingfacilities ..

(b) Feasibility studies shall be used to deter-mine whether' the construction of recreationalboating facilities is feasible from environmental,economic and engineering viewpoints .. The com-mission may conduct feasibility studies or coop-eiate with other state agencies in conductingfeasibility studies . . Feasibility studies conductedby state agencies or private persons shall bereviewed by the commission to ensure that ap-propriatedata have been collected and analyzedin detail to substantiate the recommendationsmade in the feasibility study ..

(c) Feasibility studies may be conductedupon the request of' the affected municipalityFeasibility studies shall be of sufficient detail toallow affected municipalities to decide if a recre-ational boating facility construction projectshould be supported .

(d) The following factors shall be consideredby the commission in assigning priorities forfeasibility studies:

1 . Estimated cost of the study ..2 . Available funds ..3 , Expression ' of municipality support ..4 . . Distance the area to be studied is from

other ' recreational boating facilities ,5 . Work previously completed .(e) A municipality's decision to support a

recreational boating facility feasibility studyshall be made by a resolution indicating support

-for a more detailed inquiry into the engineering,environmental and economic feasibility of aproject. Support of a recreational boating facil-

30.90 Publ ic access to Lake Lions .Neither the county,or town may provide, norshall any subdivides be required or, permitted toprovide, public access to Lions lake in the townof Alban, Portage county, if'such public accesswill in any way interfere with the use of'the lakeas a recreational area for, the physically handi-capped as ions as such use is .continued . . . Thedepartment may stock said lake with fish as longas such use is continued, any provision in chi 29to the contrary notwithstanding .. The townboard of the town of Alban shall°have,jurisdic-

30.81 Local regulations on "icebound in-land waters. (1 ) LOCAL ORDINANCES .. Anytown, village or, cityy may by ordinance, in theinterest of public health or safety, adopt localregulationss not inconsistent with this chapter,relative to the use or operation of boats andother craft, including snowmobiles and othermotor vehicles, on icebound inland lakes, but nosuch local regulation is valid unless each town,village and city having jurisdiction over anyportion of the lake has enacted an identical localregulation . When such identical local regula-tions have been enacted, the regulation of anyindividual town, village or city is in effect on theentire lake, and any law enforcement of'f'icer ofany such town, village or city shall have thepowers of sheriffin enforcing such regulation onany :portion of the lake, whether, or not suchportion of the lake is within the municipality'sJurisdiction for other purposes .

(2)'- COUNTY ORDINANCES, Any county mayby ordinance, in the interest of public health orsafety, adopt local regulations not inconsistentwith this chapte r , relative to the use or operationof boats and other, craft, including snowmobilesand other, motor vehicles, on any of'the iceboundinland waters over which it has jurisdiction,except inland icebound lakes which are regu-lated by valid local ordinances enacted pursuantto sub ... (1) ..

(3) LIABILITY OF LOCAL GOVERNMENT .. All

traffic on icebound, inland waters shall be at therisk of the traveler . An ordinance by anymunicipal ity or, county enacted under' this sec-t ion permitting traffic on icebound inland wa-ters subject to regulations which may be im-posed in accordance with this section shall notrender the municipality or county adopting suchordinance liable for any accident to those en-gaged in per mitted traffic while said ordinanceis in effect,



ity feasibility study does not commit the affectedmunicipality to cost-sharing in the constructionof a proposed facility .

(3) PROJECT PRIORITY LIST, (a) Only thoseproposed recreational boating facility projectsfound to be feasible and supported by the af-fected municipality and approved by the com-mission shall be placed on a priority list by thecommission.. The department shall maintain thelist of prior ity projects .. Annually, the depart-ment shall inform all affected municipalities of"their position on the priority list ..

(b) The following factors shall be consideredin establishing priorities for projects:

1 . Distance the proposed project is from otherrecreational boating facilities .

2, Demand for safe boating facilities.3 Expression of municipality support .4 . Existing facilities .5 . Projects underway .6 . . Commitment of funds . .(4) Arvs . (a) The department shall develop

and administer, with the approval of the com-mission, a financial assistance program for mu-nicipalities in the construction and maintenanceof capital improvements related to recreationalboating facilities

(b) The following standards shall apply tothe state funding of all recreational boatingfacilities projects :

1 . To the greatest extent possible, state fundsshall be used to match other funding sources . .Other ' funding sources may include, but are notlimited to, the federal land and water conserva-tion fund, the U .S.. army corps of engineers, U .S ,economic development administration, upperGreat Lakes regional commission and generalrevenue sharing , .

2 . The department may cost-share, with theapproval of the commission, with the affectedmunicipality at a rate- of up to 50% of thefeasibility study or construction costs, or both, ofthe recreational boating facility . The depart-ment may pay, with the approval of the commis-sion, an additional 10% of the costs of theconstruction project where the municipalityconducts a boating safety enforcement and edu-cation program approved by the department..

3 .. No more than 10% of the state fundsavailable for recreational boating facilities aidsunder this section may be expended fox feasibil-ity studies in one year'„ No more than onepercent of thee state funds availablee for recrea-tional boating facilities aids under this sectionmay be expended for any one feasibility study inone ,year,,.

4. No funds may be used for the purchase ofland or the construction of facilities commonlyused to berth boats .:

30 .99 Parties to a violation . ( 1) Whoever isconcerned in the commission of a violation ofthis chapter for which a forfeiture is. imposed is aprincipal and may be charged with and con-victed of the violation although he or, she did notdirectly commit it and although the person who

6 . Thirty percent of the state funds availablefor- recreational boating facilities aids under thissection shall be expended for Great Lakes (in-cluding Chequamegon Bay and Green Bay)projects . . Thirty percent of the state fundsavailable for recreational boatingg facilities aidsunder this section shall be expended for inlandwaters, as classified under s , 29, 01 (4), projects,Forty percent of the state funds available forrecreational boating facilities aids under thissection shall be expended for projects deemednecessary by the commission without regard tolocation.. Any moneys not obligated by the endof the 3rd quarter of the fiscal year for whichthey were allocated may be used by the depart-ment, with the approval ofthe commission, forpurposes of funding other recreational boatingfacilities projects . .

7 , Projects qualifying for funds available forrecreational boating facilities aids under thissection include, but are not limited to, construc-tion and improvement of harbors of refuge onthe Great `Lakes; accommodation of motor-powered recreational watercraft ; and construc-tion - and improvement of public access and re-lated facilities on inland waters where motor-powered recreational watercraf 't are permitted .

(5) RULES, The commission shall recom-mend rules for promulgation by the departmentas necessary to implement the recreational boat-ing facilities program under, this section . . Thecommission shall recommend rules relating tothe type and content of " studies to be conducted,cost-sharing arrangements for studies and capi-tal improvements and liaison arrangements be-tween the state and federal agencies, othe r stateagencies, municipalities and other persons .

(6) COOPERATION AND ASSISTANCE .. (a) Thedepartment shall provide municipalities withtechnical assistance in alll phases of implement-ing the boating facilities program under thissection . The department shall also coordinatethe boating facilities program with all otherrelated state and federal programs : .

(b) The department shall assign staf'f ' to thecommission for program management purposes . .All staff activities, including but not limited tobudgeting, program coordination and relatedadministrative management functions, shall beconsistent with the policies of the departmentand the natural resources board,

History: 1977c.274; 1979c . 34s 2102 (39) (a) ; 1979c .154,221 ; 1981 c:, 20 ,



directly committed it has not been convicted of (b) Aids and abets the commission of it ; orthe violation . (c) Is a party to a conspiracy with another to

(2) A person is concerned in the commission commit it or advises, hires or counsels or other-of the violation if the person: wisee procures another to commit it,

(a) Directly commits the violation; History: 1975 c .s65 .


Documents

CHAPTER30docs.legis.wisconsin.gov/document/statutes/1981/30.pdfCHAPTER30 GENERAL PROVISIONS 3001 Definitions. 30.. 02. General provision for notice and hearing. . 30,025 Optional permitprocedurefor