Chapter 33, PUBLIC INLAND WATERS

33.001 Findings and declaration of intent. 33.01 Definitions. 33.02 Department; powers and duties. 33.03 Cooperation by state agencies. SUBCHAPTER III LAKE PROTECTION AND REHABILITATION PROJECTS 33.11 Goals. 33.12 Scope. 33.13 Feasibility study. 33.14 Plan preparation and adoptio…

33.01 Definitions. In ss. 33.001 to 33.37: (1c) “Capital costs” means the cost of acquiring equipment and other capital assets, including sewerage system capital costs, for a program undertaken under ss. 33.001 to 33.37. (1g) “Costs of operation” means all costs of a program unde…

33.02 Department; powers and duties. (1) RULES. (a) Generally. The department shall promulgate rules necessary to administer this chapter. (b) Financial aids. These rules shall provide for the administration of financial aids to districts and shall prescribe data to be secured, m…

33.03 Cooperation by state agencies. All departments and agencies of state government shall make available to the department such information and assistance as may be necessary to enable it to carry out its functions under this chapter. History: 1973 c. 301; 1977 c. 26; Stats. 19…

33.11 Goals. The primary goal of activity under this chapter shall be to improve or protect the quality of public inland lakes. History: 1973 c. 301; 1975 c. 197; 1977 c. 26, 325; Stats. 1977 s. 33.02; 1979 c. 154; 1981 c. 317; 1985 a. 332 s. 251 (1).

33.12 Scope. Any proposed activity by a district which does not involve an application for state aids or an application for a ch. 30 permit is exempt from subch. III. If a proposed activity by a district involves an application for state aids, subch. III applies. If a proposed ac…

33.13 Feasibility study. (1) Feasibility study work done through government agencies and public or private organizations shall include gathering data on the lake, drainage basin, sources of pollution or nutrients or other information necessary to determine the causes of degradati…

33.14 Plan preparation and adoption. (1) PROPOSED PLAN. If specific lake protection and rehabilitation measures developed under s. 33.13 appear feasible and if financial assistance under s. 33.16 is sought, then the commissioners of the district shall develop a proposed plan base…

33.15 Implementation. (1) No plan developed under this subchapter which involves financial assistance under s. 33.16 may be formally adopted for implementation by the district until the department approves the plans or whatever modifications it finds appropriate. If the departmen…

33.16 Financial assistance program. (1) Feasibility work contracted under s. 33.13 (2) (b) is eligible for financial assistance subject to guidelines established by rule by the department for funding feasibility studies. Receipt of financial assistance for feasibility work does n…

33.17 Unfunded application to continue. (1) Aid applications approved but unfunded because of a lack of funds remain eligible for future funding, subject to updating as the department may require. A lack of funding under this subchapter does not preclude a district from implement…

33.18 Use of tax incremental financing prohibited. A district may not apply for or utilize tax incremental financing to fund an inland lake protection and rehabilitation program or project. History: 1981 c. 317. SUBCHAPTER IV PUBLIC INLAND LAKE PROTECTION AND REHABILITATION DISTR…

33.21 Public inland lake protection and rehabilitation districts; purposes. Districts may be created for the purpose of undertaking a program of lake protection and rehabilitation of a lake or parts thereof within the district. History: 1973 c. 301; 1995 a. 349. A district may re…

33.22 District; powers. (1) Any district organized under this chapter may select a name for the district, sue and be sued, make contracts, accept gifts, purchase, lease, devise or otherwise acquire, hold, maintain or dispose of property, disburse money, contract debt and do any o…

33.23 Municipalities may establish district. (1) The governing body of a municipality may by resolution establish a district if the municipality encompasses within its boundaries all the frontage of the public inland lake within this state. Except as provided under sub. (3), the …

33.235 Restructured districts; conversion and merger of town sanitary districts. 33.24 County board may establish district. 33.25 Petition. 33.26 Hearings, time, notice, boundaries, approval, limitations.

33.24 County board may establish district. (1) Notwithstanding s. 33.01 (3), in this section, “district” does not include a restructured district. (2) The county board of any county may establish districts within the county if the conditions stated in s. 33.26 are found to exist.…

33.25 Petition. (1) WHO TO MAKE. (a) Before a county board may establish a district under s. 33.235 or 33.24, a petition requesting establishment shall be filed with the county clerk, addressed to the board and signed by persons constituting 51 percent of the landowners or the ow…

33.26 Hearings, time, notice, boundaries, approval, limitations. (1) Upon receipt of the petition the county board shall arrange a hearing to be held not later than 30 days from the date of presentation of the petition, and shall appoint a committee to conduct the hearing. At the…

33.265 Notice, filing and recording requirements. 33.27 Initial district board of commissioners. 33.28 District board of commissioners.

33.27 Initial district board of commissioners. (1) The county board shall, at the time of making the order establishing a district, appoint 3 owners of property within the district, at least one of whom is a resident of the district, to serve as commissioners until the first annu…

33.28 District board of commissioners. (1) Management of the affairs of the district shall be delegated to a board of commissioners. (2) Except as provided in sub. (2m) (c), the board of commissioners shall consist of all of the following: (a) One person appointed by the county b…

33.285 Property owning requirements. 33.29 Board of commissioners; officers; powers and duties. 33.30 Annual meeting of district. Cross-reference: See also ch. NR 60, Wis. adm. code. SUBCHAPTER I INTENT; DEFINITIONS; AND DEPARTMENTAL POWERS 33.001 Findings and declaration of inte…

33.29 Board of commissioners; officers; powers and duties. (1) The board shall be responsible for: (a) Initiating and coordinating research and surveys for the purpose of gathering data on the lake, related shorelands and the drainage basin; (b) Planning lake protection and rehab…

33.30 Annual meeting of district. (1) Every district shall have an annual meeting. Each annual meeting shall be scheduled during the time period between May 22 and September 8 unless scheduled outside those dates by majority vote of the previous annual meeting. (2) (a) The annual…

33.305 Special meetings of district. (1) The board of commissioners of a district may schedule a special meeting of the district at any time. The board of commissioners shall schedule a special meeting upon receipt of a petition signed by at least 10 percent of the electors and p…

33.31 Power to finance. (1) Every district may borrow money and use any other financing method prescribed by law. In utilizing financing powers, the commission shall follow the procedures required by statute for the selected financing methods so far as they are applicable and not…

33.32 Special assessments and special charges. (1) Special assessments for the purpose of carrying out district protection and rehabilitation projects, or for other lake management or sanitary service activities undertaken by the district, may be levied by the commissioners as an…

33.33 Merger, attachment, detachment. (1) MERGER. Any district may be merged with a contiguous district by resolution passed by a four-fifths vote of all the members of each board of commissioners. At the next annual or special meeting, whichever occurs first, the electors and pr…

33.35 Dissolution of districts. A petition to dissolve an existing district created under this chapter may not be considered at an annual meeting of the district unless an elector within the district or a property owner within the district notifies the district board of commissio…

33.36 Alteration of districts. (1) Whenever any territory that contains an entire district is incorporated as a city or village, consolidated with a city or village or annexed to a city or village, the district shall survive and shall be subject to s. 33.23. (2) Whenever any terr…

33.37 Districts in more than one county. (1) Where the proposed district is in more than one county, the county board of the county within which the largest portion, by valuation, of the proposed district lies shall have jurisdiction under ss. 33.24 to 33.28. (2) The county withi…

33.41 Definitions. In this subchapter: (1) “Board of commissioners” means the board of commissioners of the Dane County Lakes and Watershed Commission. (1m) “Commission” means the Dane County Lakes and Watershed Commission created under s. 33.42. (2) “County” means Dane County. (…

33.42 Creation. There is created a Dane County Lakes and Watershed Commission as part of county government. The board of commissioners shall govern the commission. History: 1989 a. 324.

33.44 Board of commissioners; composition. (1) The board of commissioners shall consist of the following persons, all of whom shall be residents of the county: (a) The county executive of the county or his or her designee. (b) The mayor of the city of Madison or his or her design…

33.445 Board of commissioners; duties. (1) The board of commissioners shall initiate and coordinate surveys and research projects for the purpose of gathering data relating to the surface waters and groundwaters of the county. (2) The board of commissioners shall maintain a liais…

33.45 Board of commissioners; powers. (1) The board of commissioners may develop and implement plans, projects or programs to do any or all of the following: (a) Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters …

33.455 Regulation proposed by board of commissioners. (1) ORDINANCES AND LOCAL REGULATIONS. The board of commissioners may propose to the county board the adoption, modification or rescission of any ordinance or local regulation relating to boating, recreation or safety upon the …

33.457 Implementation plan. (1) The board of commissioners shall develop an implementation plan, with the advice of the Dane County Regional Planning Commission, and shall submit the plan to the presiding officers of each house of the legislature, the chairperson of the county bo…

33.46 Budget proposals. (1) PROCEDURES. (a) Annually, the board of commissioners shall prepare a proposed budget for the commission’s activities for plans, programs or projects under this subchapter as follows: 1. The budget shall list all anticipated revenue from all sources dur…

33.47 Special assessments and special charges. (1) The county board may levy special assessments or special charges to implement programs or projects undertaken under this subchapter as an exercise of the county’s police power. (1m) The county board shall determine the boundaries…

33.475 Boating fees. Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state, and in addition to the powers granted the county under ss. 30.77 (3) (e) and 59.54 (2), the county may…

33.48 Continued expenditure level by county and municipalities. The county or a municipality within the county may not reduce in any fiscal year its expenditures relating to environmental control of land surfaces below the expenditures it made in the fiscal year ending in 1990 if…

33.53 Definitions. In this subchapter: (1) “Board of commissioners” means the board of commissioners of the commission. (2) “Commission” means the Southeastern Wisconsin Fox River Commission created under s. 33.54. (3) “Commissioner” means a member of the board of commissioners. …

33.54 Creation, funding. There is created a Southeastern Wisconsin Fox River Commission for the Illinois Fox River basin. For the purposes of this subchapter, the Illinois Fox River basin extends from the northern boundary of the city of Waukesha downstream to the Wisconsin-Illin…

33.55 Board of commissioners; composition. (1) The board of commissioners shall consist of the following persons, all of whom shall be residents of the river county: (a) The county executive of Racine County or his or her designee. (b) The county executive of Waukesha County or h…

33.56 Board of commissioners; duties. The board of commissioners shall do all of the following: (1) Initiate and coordinate surveys and research projects for the purpose of gathering data relating to the surface waters and groundwaters of the Illinois Fox River basin that are loc…

33.57 Board of commissioners; powers. The board of commissioners may do all of the following: (1) Develop and implement plans, projects or programs to do any of the following: (a) Improve the water quality and the scenic, economic and environmental value of the surface waters and…

33.58 Regulation proposed by board of commissioners. (1) ORDINANCES AND LOCAL REGULATIONS. The board of commissioners may propose to the governing body of a river municipality the adoption, modification or rescission of any ordinance or local regulation relating to boating, recre…

33.59 Implementation plan. (1) The board of commissioners shall develop an implementation plan by April 1, 1998, and shall submit the plan to the department of natural resources, the county planning agency, the chairperson of the county board and the county executive of the river…