Chapter 30, NAVIGABLE WATERS, HARBORS AND NAVIGATION

30.205 Water resources development projects. The department may cooperate with and enter into agreements with the appropriate federal agencies for the purpose of constructing, maintaining and operating water resources development projects. Such agreements may contain any indemnif…

30.206 General permits. (1) PROCEDURE FOR ISSUING GENERAL PERMITS. (a) The department shall issue the statewide general permits required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a) and (3). (ag) To ensure that the cumulative adverse environmental i…

30.2065 General permit for certain wetland restoration activities. (1) The department may issue a general permit to a person wishing to proceed with a wetland restoration activity sponsored by a federal agency. (1g) (a) The department shall issue a general permit that authorizes …

30.207 General permit pilot program. (1) GEOGRAPHICAL AREA. For purposes of this section and s. 30.2023, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of …

30.208 Applications for individual permits and contracts; department determinations. (1) APPLICATION REQUIRED. A person who seeks to obtain or modify an individual permit under this subchapter or to enter into a contract under s. 30.20 shall submit an application to the departmen…

30.209 Contracts and individual permits; administrative and judicial review. (1) DEFINITION. In this section, “applicant” means any person applying to receive a permit or contract under this subchapter or any person who has received a permit or contract under this subchapter. (1m…

30.2095 Limits and conditions for permits and contracts. (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years afte…

30.21 Use of beds of Great Lakes by public utilities. (1) WATER INTAKE FACILITIES. Upon compliance with such applicable regulations as may be imposed by the government of the United States and subject to chs. 196 and 197 and rules and orders of the public service commission issue…

30.24 Bluff protection. (1) DEFINITIONS. In this section: (a) “Obligate” has the meaning given in s. 23.0917 (1) (e). (b) “Protect” includes to restore. 30.26 (2) AUTHORIZATION. For the purposes of protecting bluff land, the department may expend money from the appropriation unde…

30.25 Wolf River protection. (1) Except as provided under sub. (2), no person may make any effort to improve the navigation on the Wolf River north of the southern boundary of Shawano County nor shall any dam be authorized for construction in that portion of the Wolf River. Any p…

30.255 Florence Wild Rivers Interpretive Center. Beginning with fiscal year 2007-08, the department shall provide a grant in the amount of $27,000 in each fiscal year to the Florence Wild Rivers Interpretive Center to be used for park and recreation uses, forestry education, and …

30.26 Wild rivers. (1) LEGISLATIVE INTENT. In order to afford the people of this state an opportunity to enjoy natural streams, to attract out-of-state visitors and assure the well-being of our tourist industry, it is in the interest of this state to preserve some rivers in a fre…

30.265 Adopt a river program. The department shall establish an adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. Th…

30.27 Lower St. Croix River preservation. (1) PURPOSE. The Lower St. Croix River, between the dam near St. Croix Falls and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and recreational asset. The preservation of this unique scenic and rec…

30.275 Scenic urban waterways. (1) LEGISLATIVE INTENT. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state’s tourist indu…

30.277 Urban rivers grant program. (1b) DEFINITION. In this section: (a) “Governmental unit” means a city, village, town, county or the Kickapoo reserve management board. (b) “Nature-based outdoor recreation” has the meaning given by the department by rule under s. 23.0917 (4) (f…

30.28 Fees for permits, other approvals, and determinations. (1) FEES REQUIRED. The department shall charge a fee for reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under thi…

30.285 Records of exemptions and permitted activities. (1) On an annual basis, the department shall keep records of all of the following: (a) The number of exempted activities that are conducted under ss. 30.12 (1g) and (1k), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the de…

30.29 Operation of motor vehicles in waters prohibited. (1) DEFINITIONS. In this section: (a) “Control” has the meaning given in s. 23.22 (1) (a). (b) “Motor vehicle” includes a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an all-terrain vehicle, as defined in s. 340…

30.291 Inspections for certain exemptions and permitted activities. (1) For purposes of determining whether an exemption is appropriate under s. 30.12 (1k), (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is appropriate under s. 30.206 (3), or w…

30.292 Parties to a violation. (1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person w…

30.294 Nuisances, abatement. Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person. History: 1987 a. 374. A citizen may bring suit under this section, pursuant to the public …

30.298 Penalties. (1) Any person who violates any provision of ss. 30.12 to 30.21 for which a penalty is not provided under the applicable section or by sub. (2) or (3) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $5…

30.30 Municipal authority to make harbor improvements. Every municipality having navigable waters within or adjoining its boundaries may exercise the following powers: (1) HARBOR IMPROVEMENT. By proper filling or excavating or dredging and docking, create or improve any inner or …

30.31 Procedural and other requirements to be followed in making harbor improvements. (1) SUPERVISION OF WORK. In exercising the powers granted by s. 30.30 (1) to (3) a municipality shall be governed by the law governing the laying out, improvement and repair of streets and bridg…

30.32 Contracts; competitive bidding; exceptions. (1) COMPETITIVE BIDDING REQUIRED. Except as otherwise provided in this section, all work to be let relative to the construction, repair or maintenance of a harbor or harbor facility and all purchases of equipment, supplies or mate…

30.33 Harbor railway belt lines. (1) BOARD TO HAVE POWERS OF RAILROAD CORPORATION. Any municipality operating a public harbor through a board of harbor commissioners may, through such board, construct, maintain or operate railway facilities or a harbor belt line connecting variou…

30.34 Financing harbor improvements and operations generally. (1) HARBOR FUND TO BE CREATED. All municipalities operating a public harbor through a board of harbor commissioners shall establish in the municipal treasury a revolving fund to be known as the “harbor fund”. Moneys fo…

30.35 Financing harbor improvements through bonds or notes. (1) ISSUANCE OF BONDS OR NOTES TO BE AUTHORIZED BY ORDINANCE. Whenever the governing body of a municipality, after having obtained the consent of the board of harbor commissioners, determines to finance the acquisition, …

30.37 Boards of harbor commissioners authorized. (1) WHO MAY CREATE. (a) Except as provided in par. (b), a municipality situated on a navigable waterway may create a board of harbor commissioners to exercise the powers and perform the duties conferred upon such boards by law. (b)…

30.38 Powers and duties of boards of harbor commissioners. (1) RELATIONSHIP TO MUNICIPALITY’S GOVERNING BODY. (a) Except as otherwise expressly provided, a board of harbor commissioners may exercise its powers and perform its duties without first obtaining the consent of the gove…

30.40 Definitions. In ss. 30.40 to 30.49: (1) “Agricultural use” means aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops;…

30.41 Creation. (1) There is created a Lower Wisconsin State Riverway consisting of land as designated by the natural resources board. (2) The department shall publish as an appendix to ch. NR 45, Wis. adm. code, a map and a description of the riverway. History: 1989 a. 31.

30.42 Departmental duties, powers, prohibitions. (1) The department shall: (a) Manage the land in the riverway under its ownership, supervision, management or control in conformity with ss. 30.40 to 30.49. (b) Promote to the recreational users of the riverway an appreciation of t…

30.43 Board duties. The board shall: (1) Review applications for permits under s. 30.44 (1) to (5) and issue permits for activities that comply with their applicable performance standards. (3) Promulgate rules establishing procedures for the cutting or harvesting of timber or the…

30.435 Board powers. The board may: (1) Grant waivers under s. 30.44 (8) (c) and (f) and impose conditions under s. 30.44 (7). (2) Issue general permits under s. 30.44 (1) (f). (2m) Promulgate rules and otherwise act under s. 30.443. (3) Enter into contracts to carry out its duti…

30.44 Permits and waivers; board procedures. (1) STRUCTURES; MOBILE HOMES. (a) For purposes of this subsection, notwithstanding s. 30.40 (18), “structure” excludes boat shelters, boathouses, bridges, dams, fishing rafts, fixed houseboats, piers, public access sites, stairways, sw…

30.443 Erosion prevention and control. (1) For activities under s. 30.44 (1) (b), the board may do any of the following: (a) Promulgate rules establishing standards for erosion prevention or control at sites in the riverway that are not subject to the standards established under …

30.445 Piers. (1) No person may construct, relocate or modify a pier or reconstruct a destroyed pier in the riverway. (2) No person may have or maintain a pier in the riverway after November 30, 1990, unless the board has issued a permit for the pier under sub. (3) and the board …

30.45 Prohibited and restricted activities in the riverway. In the riverway: (1) No person may start or engage in an activity under s. 30.44 (1) to (5) or 30.445 without having any permit that is required under s. 30.44 or 30.445. (1g) No person may cut or harvest timber unless p…

30.452 Prohibited activities in the river. In the river, no person may: (1) Construct, relocate, replace or reconstruct a swimming raft. (2) Have or maintain a swimming raft after November 15, 1990. History: 1991 a. 76, s. 42; Stats. 1991 s. 30.452.

30.455 Department of transportation activities. (1) Construction, reconstruction, design, maintenance, modification or repair activities, or nonmetallic mining activities in the riverway, that are carried out under the direction and supervision of the department of transportation…

30.46 Agricultural use. (1) A person may develop or use land in the riverway for agricultural use that is not in agricultural use on October 31, 1989, if: (a) The development and use comply with the rules for the soil and water resource management program promulgated by the depar…

30.47 Restrictions on recreational use. (1) No natural person may operate a boat on public waters in the riverway without having an adequately sized waterproof container in the boat in which to place refuse. (2) No person may leave refuse on land in the riverway owned, managed, s…

30.48 Applicability. (1) Sections 30.44 to 30.47 are in addition to and are not superseded by any law, rule, ordinance or other regulation governing an activity that occurs in the riverway. (2) Sections 30.44 to 30.47 do not apply to land that is located in a city or village on O…

30.49 Enforcement. (1) FORFEITURES. (a) Any person who knowingly violates ss. 30.44 to 30.455 or 30.46 (1) shall forfeit not more than $1,000 for each violation. (b) Each day that a violation under par. (a) continues is a separate violation. (c) Any person who violates ss. 30.44 …

30.50 Definitions. In ss. 30.50 to 30.80: (1e) “Alcohol beverage” has the meaning specified under s. 125.02 (1). (1g) “Alcohol concentration” has the meaning given in s. 340.01 (1v). (1j) “Application” includes the form designated by the department and any supporting document or …

30.501 Capacity plates on boats. (1) Every vessel less than 20 feet in length designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have a…

30.505 Certificate of number system to conform to federal system. The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for boats established by the U.S. go…

30.51 Certificate of number and registration; requirements; exemptions. (1) REQUIREMENTS. (a) Certificate of number. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a certificate of n…