Public Inland Waters (Wisconsin Statutes: Chapter 33)

PUBLIC INLAND WATERS 33.011 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) CHAPTER 33 PUBLIC INLAND WATERS SUBCHAPTER I INTENT; DEFINITIONS; AND DEPARTMENTAL POWERS 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 adoption. 33.15 Implementation. 33.16 Financial assistance program. 33.17 Unfunded application to continue. 33.18 Use of tax incremental financing prohibited. SUBCHAPTER IV PUBLIC INLAND LAKE PROTECTION AND REHABILITATION DISTRICTS 33.21 Public inland lake protection and rehabilitation districts; purposes. 33.22 District; powers. 33.23 Municipalities may establish district. 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. 33.265 Notice, filing and recording requirements. 33.27 Initial district board of commissioners. 33.28 District board of commissioners. 33.285 Property owning requirements. 33.29 Board of commissioners; officers; powers and duties. 33.30 Annual meeting of district. 33.305 Special meetings of district. 33.31 Power to finance. 33.32 Special assessments and special charges. 33.33 Merger, attachment, detachment. 33.35 Dissolution of districts. 33.36 Alteration of districts. 33.37 Districts in more than one county. SUBCHAPTER V DANE COUNTY LAKES AND WATERSHED COMMISSION 33.41 Definitions. 33.42 Creation. 33.44 Board of commissioners; composition. 33.445 Board of commissioners; duties. 33.45 Board of commissioners; powers. 33.455 Regulation proposed by board of commissioners. 33.457 Implementation plan. 33.46 Budget proposals. 33.47 Special assessments and special charges. 33.475 Boating fees. 33.48 Continued expenditure level by county and municipalities. SUBCHAPTER VI SOUTHEASTERN WISCONSIN FOX RIVER COMMISSION 33.53 Definitions. 33.54 Creation, funding. 33.55 Board of commissioners; composition. 33.56 Board of commissioners; duties. 33.57 Board of commissioners; powers. 33.58 Regulation proposed by board of commissioners. 33.59 Implementation plan. 33.60 Budget proposals. Cross−reference: See also ch. NR 60, Wis. adm. code. SUBCHAPTER I INTENT; DEFINITIONS; AND DEPARTMENTAL POWERS 33.001 Findings and declaration of intent. (1) The leg islature finds environmental values, wildlife, public rights in navi gable waters, and the public welfare are threatened by the deterio ration of public lakes; that the protection and rehabilitation of the public inland lakes of this state are in the best interest of the citi zens of this state; that the public health and welfare will be bene fited thereby; that the current state effort to abate water pollution will not undo the eutrophic and other deteriorated conditions of many lakes; that current efforts to protect and rehabilitate the water quality of the navigable waters in Dane County, which receive intense urban, recreational and agricultural usage, are seriously handicapped by the fact that numerous governmental bodies have jurisdiction over the management of the watersheds in Dane County; that lakes form an important basis of the state’s recreation industry; that the increasing recreational usage of the waters of this state justifies state action to enhance and restore the potential of our inland lakes to satisfy the needs of the citizenry; and that the positive public duty of this state as trustee of waters requires affirmative steps to protect and enhance this resource and protect environmental values. (2) In accordance with sub. (1), the legislature declares all the following: (a) It is necessary to embark upon a program of lake protection and rehabilitation, to authorize a conjunctive state and local pro gram of lake protection and rehabilitation to fulfill the positive duty of the state as trustee of navigable waters, and protect envi ronmental values. (b) A state effort of research, analysis, planning and financing, and a local effort undertaken by districts, the Dane County Lakes and Watershed Commission and the Southeastern Wisconsin Fox River Commission of Planning and Plan Implementation are nec essary and desirable and that the districts should be formed by per sons directly affected by the deteriorated condition of inland waters and willing to assist financially, or through other means, in remedying lake problems. (c) State efforts are needed to aid and assist local efforts, to ensure that projects are undertaken only if they promote the public rights in navigable waters, environmental values and the public welfare. (d) State efforts are needed to administer a program of finan cial aids to support protection and rehabilitation projects with ben efits to all state citizens. History: 1973 c. 301; 1985 a. 332; 1989 a. 159, 324, 359; 1995 a. 349; 1997 a. 27. 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 under taken under ss. 33.001 to 33.37, except capital costs. (2) “Department” means the department of natural resources. (3) “District” means a public inland lake protection and reha bilitation district. (4) “Lake rehabilitation” means the improvement or restora tion of lakes from an undesirable or degraded condition to a for mer, less deteriorated condition or to a condition of greater useful ness. (5) “Municipality” means any city, village or town. (6) “Program” means measures to effect lake protection and rehabilitation, including surveys of sources of degradation, treat https://docs.legis.wisconsin.gov/document/statutes/33.001 https://docs.legis.wisconsin.gov/document/statutes/33.01 https://docs.legis.wisconsin.gov/document/statutes/33.02 https://docs.legis.wisconsin.gov/document/statutes/33.03 https://docs.legis.wisconsin.gov/document/statutes/33.11 https://docs.legis.wisconsin.gov/document/statutes/33.12 https://docs.legis.wisconsin.gov/document/statutes/33.13 https://docs.legis.wisconsin.gov/document/statutes/33.14 https://docs.legis.wisconsin.gov/document/statutes/33.15 https://docs.legis.wisconsin.gov/document/statutes/33.16 https://docs.legis.wisconsin.gov/document/statutes/33.17 https://docs.legis.wisconsin.gov/document/statutes/33.18 https://docs.legis.wisconsin.gov/document/statutes/33.21 https://docs.legis.wisconsin.gov/document/statutes/33.22 https://docs.legis.wisconsin.gov/document/statutes/33.23 https://docs.legis.wisconsin.gov/document/statutes/33.235 https://docs.legis.wisconsin.gov/document/statutes/33.24 https://docs.legis.wisconsin.gov/document/statutes/33.25 https://docs.legis.wisconsin.gov/document/statutes/33.26 https://docs.legis.wisconsin.gov/document/statutes/33.265 https://docs.legis.wisconsin.gov/document/statutes/33.27 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/33.285 https://docs.legis.wisconsin.gov/document/statutes/33.29 https://docs.legis.wisconsin.gov/document/statutes/33.30 https://docs.legis.wisconsin.gov/document/statutes/33.305 https://docs.legis.wisconsin.gov/document/statutes/33.31 https://docs.legis.wisconsin.gov/document/statutes/33.32 https://docs.legis.wisconsin.gov/document/statutes/33.33 https://docs.legis.wisconsin.gov/document/statutes/33.35 https://docs.legis.wisconsin.gov/document/statutes/33.36 https://docs.legis.wisconsin.gov/document/statutes/33.37 https://docs.legis.wisconsin.gov/document/statutes/33.41 https://docs.legis.wisconsin.gov/document/statutes/33.42 https://docs.legis.wisconsin.gov/document/statutes/33.44 https://docs.legis.wisconsin.gov/document/statutes/33.445 https://docs.legis.wisconsin.gov/document/statutes/33.45 https://docs.legis.wisconsin.gov/document/statutes/33.455 https://docs.legis.wisconsin.gov/document/statutes/33.457 https://docs.legis.wisconsin.gov/document/statutes/33.46 https://docs.legis.wisconsin.gov/document/statutes/33.47 https://docs.legis.wisconsin.gov/document/statutes/33.475 https://docs.legis.wisconsin.gov/document/statutes/33.48 https://docs.legis.wisconsin.gov/document/statutes/33.53 https://docs.legis.wisconsin.gov/document/statutes/33.54 https://docs.legis.wisconsin.gov/document/statutes/33.55 https://docs.legis.wisconsin.gov/document/statutes/33.56 https://docs.legis.wisconsin.gov/document/statutes/33.57 https://docs.legis.wisconsin.gov/document/statutes/33.58 https://docs.legis.wisconsin.gov/document/statutes/33.59 https://docs.legis.wisconsin.gov/document/statutes/33.60 https://docs.legis.wisconsin.gov/document/administrativecode/ch.%20NR%2060 https://docs.legis.wisconsin.gov/document/statutes/33.001(1) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1985/332 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1989/359 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/statutes/33.001 https://docs.legis.wisconsin.gov/document/statutes/33.37 https://docs.legis.wisconsin.gov/document/statutes/33.001 https://docs.legis.wisconsin.gov/document/statutes/33.37 https://docs.legis.wisconsin.gov/document/statutes/33.001 https://docs.legis.wisconsin.gov/document/statutes/33.37 Updated 17−18 Wis. Stats. 2 33.01 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) ment of aquatic nuisances, securing cooperation of units of gen eral purpose government to enact necessary ordinances, undertak ing of projects as defined in sub. (7) and any other necessary measures. (7) “Project” means activities or works such as are described in s. 33.15 (4) which are subject to the procedures of subch. III. (8) “Public inland lake” or “lake” means a lake, reservoir or flowage within the boundaries of the state that is accessible to the public via contiguous public lands or easements giving public access. “Lake” also includes any lake, reservoir or flowage within the boundaries of the state that is under the jurisdiction of a restructured district. (9) “Owner”, “property owner” or “landowner” means: (a) For the purpose of receiving notice under this chapter, a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year. (am) For the purpose of petitioning under this chapter, any of the following: 1. A person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year. 2. The spouse of a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year if the spouse is referred to on that tax roll. (ar) For the purpose of voting at meetings of the district, a per son who is a U.S. citizen and 18 years of age or older and who meets any of the following requirements: 1. The person’s name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year. 2. The person owns title to real property but the person’s name does not appear as an owner of real property on the tax roll speci fied in subd. 1. 3. The person is the official representative, officer or employee who is authorized to vote on behalf of a trust, founda tion, corporation, association or organization that owns real prop erty in the district. (b) For the purpose of holding office in the district, a person who is a U.S. citizen and 18 years of age or older and either: 1. Whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year; or 2. Who owns title to real property but whose name does not appear as an owner of real property on the tax roll specified in subd. 1. (9g) “Restructured district” means a district for a lake that results from a conversion under s. 33.235 (1m), a formation under s. 33.235 (2) or a merger under s. 33.235 (3). (9m) “Sewerage system capital costs” has the meaning given for capital costs in s. 200.21 (1). (10) “Valuation” or “equalized full value” means the assessed value of the property adjusted to reflect full value as determined by the department of revenue under s. 70.57. History: 1973 c. 301, 336; 1975 c. 197, 198, 422; 1977 c. 391; 1979 c. 299; 1989 a. 159, 324; 1991 a. 39; 1993 a. 167; 1995 a. 349; 1997 a. 27; 1999 a. 150 s. 672. 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 adminis tration of financial aids to districts and shall prescribe data to be secured, methods of analysis and evaluation, duration of data gathering and other technical regulations for the efficient adminis tration of the program and efficient intergovernmental organiza tion. (c) Priorities for funding levels. These rules shall establish pri orities for different methods utilized in implementing lake protec tion and for lake rehabilitation based on cost−effectiveness and factors considered under s. 33.16 (4) especially s. 33.16 (4) (f). (d) Funding levels for different methods. These rules shall establish differing levels for the share of state funds to be provided for financial assistance for implementation work depending on the methods to be utilized on the projects based on priorities estab lished under par. (c). (e) Priorities when inadequate funds. If the department does not have adequate appropriations to provide financial assistance under s. 33.16 for eligible projects, it shall establish priorities based on the type of project and methods to be utilized in imple menting the projects and these priorities shall rank dredging, other than dredging to provide public access, as a low priority. (f) Dredging; sedimentation control. These rules shall require that an application for financial assistance for the implementation of any project involving dredging include the identification of long−term controls which are being or will be undertaken to pre vent sedimentation. (g) Algae abatement; nutrient control. These rules shall require that an application for financial assistance for the imple mentation of any project involving algae or aquatic plant abate ment programs include the identification of long−term controls which are being or will be undertaken to reduce or prevent nutrient pollution. (h) Guidelines for feasibility and implementation grants. These rules shall establish guidelines for providing financial assistance for feasibility studies and implementation costs. (2) STUDIES, INVENTORIES. The department shall undertake studies and inventories to assist the council in carrying out its duties. (3) AIDS. The department shall administer a program of finan cial assistance to districts, using such funds as are appropriated by the legislature or made available from other sources. (4) ASSISTANCE. The department shall assist districts seeking technical aid in any phase of lake protection or rehabilitation activity. (5) CLEARINGHOUSE. The department shall serve as a clearing house for scientific data on lakes and information on accepted and experimental lake protection or rehabilitation techniques. 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). 33.03 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. 1977 s. 33.03. SUBCHAPTER III LAKE PROTECTION AND REHABILITATION PROJECTS 33.11 Goals. The primary goal of activity under this chapter shall be to improve or protect the quality of public inland lakes. In addition, compilation of basic scientific data on lakes of this state and assessment of experimental and innovative techniques of lake rehabilitation and protection shall be goals of the program. Districts may undertake protection and rehabilitation projects to achieve the purposes of such districts specified in s. 33.21. Proj ects may be undertaken in cooperation with the department, the University of Wisconsin System, and other government agencies, https://docs.legis.wisconsin.gov/document/statutes/33.01(7) https://docs.legis.wisconsin.gov/document/statutes/33.15(4) https://docs.legis.wisconsin.gov/document/statutes/subch.%20III%20of%20ch.%2033 https://docs.legis.wisconsin.gov/document/statutes/70.65(2)(a)1. https://docs.legis.wisconsin.gov/document/statutes/74.03 https://docs.legis.wisconsin.gov/document/statutes/70.65(2)(a)1. https://docs.legis.wisconsin.gov/document/statutes/74.03 https://docs.legis.wisconsin.gov/document/statutes/70.65(2)(a)1. https://docs.legis.wisconsin.gov/document/statutes/74.03 https://docs.legis.wisconsin.gov/document/statutes/70.65(2)(a)1. https://docs.legis.wisconsin.gov/document/statutes/74.03 https://docs.legis.wisconsin.gov/document/statutes/33.01(9)(ar)1. https://docs.legis.wisconsin.gov/document/statutes/70.65(2)(a)1. https://docs.legis.wisconsin.gov/document/statutes/74.03 https://docs.legis.wisconsin.gov/document/statutes/33.01(9)(b)1. https://docs.legis.wisconsin.gov/document/statutes/33.235(1m) https://docs.legis.wisconsin.gov/document/statutes/33.235(2) https://docs.legis.wisconsin.gov/document/statutes/33.235(3) https://docs.legis.wisconsin.gov/document/statutes/200.21(1) https://docs.legis.wisconsin.gov/document/statutes/70.57 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1973/336 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1975/198 https://docs.legis.wisconsin.gov/document/acts/1975/422 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1991/39 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/1999/150 https://docs.legis.wisconsin.gov/document/acts/1999/150,%20s.%20672 https://docs.legis.wisconsin.gov/document/statutes/33.16(4) https://docs.legis.wisconsin.gov/document/statutes/33.16(4)(f) https://docs.legis.wisconsin.gov/document/statutes/33.02(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.16 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/26 https://docs.legis.wisconsin.gov/document/acts/1977/325 https://docs.legis.wisconsin.gov/document/acts/1979/154 https://docs.legis.wisconsin.gov/document/acts/1979/154 https://docs.legis.wisconsin.gov/document/acts/1981/317 https://docs.legis.wisconsin.gov/document/acts/1985/332 https://docs.legis.wisconsin.gov/document/acts/1985/332,%20s.%20251 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1977/26 https://docs.legis.wisconsin.gov/document/statutes/33.21 PUBLIC INLAND WATERS 33.163 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) and public and private organizations. Projects shall be divided into study, planning and implementation phases. History: 1973 c. 301; 1975 c. 197. 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 activity by a district involves an application for a ch. 30 permit, subch. III shall apply only if the department determines that the activity requiring the permit is an integral part of a lake rehabilitation project. History: 1973 c. 301. 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 deter mine the causes of degradation and remedial courses of action to prevent continued degradation or to determine potential causes of degradation and preventive courses of action. The department shall prescribe data to be secured, methods of analysis and evalua tion, and duration of data−gathering to be used in feasibility stud ies. (2) (a) The district may contract for feasibility study work with the lowest responsible bidder who submits a bid in the man ner the district commissioners prescribe. (b) In order to receive financial assistance for feasibility study work the district shall obtain the advice and approval of the depart ment before entering a contract for feasibility study work and the department shall be made a party to the contract. (3) Data gathered shall be forwarded to the department, which shall analyze it on an interdisciplinary basis. (4) The department shall formulate suggested alternative methods, including cost estimates, of protecting or rehabilitating the water quality of the lake or portions thereof. Alternative pro tection schemes shall include steps necessary to maintain the water quality of the lake. Alternative rehabilitative schemes shall include steps necessary to abate continued degradation of the lake following implementation of a given rehabilitative plan. History: 1973 c. 301; 1975 c. 197; 1981 c. 317. 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 assist ance under s. 33.16 is sought, then the commissioners of the dis trict shall develop a proposed plan based upon the recommenda tions of the department and the formulated alternatives or upon other technically valid bases. (2) SUBMISSION OF PROPOSED PLAN. Prior to adopting a plan by formal resolution under s. 33.15, the commissioners shall: (a) Forward a copy of the proposed plan to the department; (b) Refer the proposed plan to the appropriate county land con servation committee and to the appropriate regional planning agency for the area, if any, for review and comment within 60 days of receipt; and (c) Make application for any required permits and file an appli cation for financial aid. (3) DEPARTMENT REVIEW. Within 21 days after receipt of the proposed plan and applications the department shall advise the district if additional information is needed to conduct its technical and environmental review of the proposal. If an environmental impact statement is required, the department shall complete its environmental impact review before taking final action on the proposed plan. (3m) NOTICE; HEARING. The department shall schedule a hear ing on the proposed plan or follow the notice procedures under s. 31.06 (1). (4) CONSIDERATIONS AT HEARING. If a hearing is conducted, the department shall consider the following: (a) Compliance with s. 1.11; (b) The issuance of permits which have been applied for; (c) Whether the implementation of the plan is likely to cause long−range environmental pollution as defined in s. 299.01 (4); (d) Comments made by the reviewing county land conserva tion committee and regional planning agency, if any; and (e) Such other subjects as the department by rule deems neces sary for making the order required by sub. (5). (5) APPROVAL. Within 60 days following the hearing, the department shall by order either approve, approve with modifica tion or disapprove the plan. The department shall concurrently rule on all permit applications. History: 1973 c. 301; 1975 c. 197; 1979 c. 34 s. 2102 (39) (g); 1981 c. 20, 317; 1981 c. 346 s. 38; 1995 a. 227, 349. 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 department modifies an application by order, it shall clearly explain reasons why the modifications are being made. (2) Following receipt of the department’s order, the district may adopt the approved plan by resolution, in which case it shall forward a copy of the resolution and plan to the department. (3) The district may then carry out the adopted plan of imple mentation. (4) Implementation work may consist of any work in the lake or its watershed which will protect or enhance the opportunities for public enjoyment of the lake. History: 1973 c. 301; 1975 c. 197; 1981 c. 20. 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 depart ment for funding feasibility studies. Receipt of financial assist ance for feasibility work does not guarantee financial assistance for implementation costs and the department may not make this type of commitment for future financial assistance. (3) A district desiring financial assistance shall apply to the department on forms provided by it and prescribing the informa tion to be submitted. (4) The department shall review all applications for financial assistance under this section. In the course of review of applica tions for financial assistance for implementation work the depart ment shall consider, without limitation because of enumeration, the following factors where appropriate: (a) Whether the citizens of the state will reasonably benefit from any improvements made or information obtained, and the degree of benefit; (b) Whether sufficient long− and short−term benefits will be derived from the project, in relation to its cost; (c) Whether the project is financially viable, given the resources of the district and the possibility of financial and non monetary aid; (d) Whether adequate steps have been or will be taken to ensure that the improved conditions resulting from the project will be sustained by adequate controls over potential sources of lake degradation including, where appropriate, control of sediments as suggested by the county land conservation committee; (e) Whether experimental techniques involving a high risk of failure are being undertaken; (f) Whether contamination from deleterious substances emit ted by residential, municipal or industrial sources, sedimentation, siltation and nutrient fertilization from uncontrolled agricultural sources or septic tanks, groundwater, municipal and industrial https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/statutes/ch.%2030 https://docs.legis.wisconsin.gov/document/statutes/subch.%20III%20of%20ch.%2033 https://docs.legis.wisconsin.gov/document/statutes/subch.%20III%20of%20ch.%2033 https://docs.legis.wisconsin.gov/document/statutes/ch.%2030 https://docs.legis.wisconsin.gov/document/statutes/subch.%20III%20of%20ch.%2033 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1981/317 https://docs.legis.wisconsin.gov/document/statutes/33.13 https://docs.legis.wisconsin.gov/document/statutes/33.16 https://docs.legis.wisconsin.gov/document/statutes/33.15 https://docs.legis.wisconsin.gov/document/statutes/31.06(1) https://docs.legis.wisconsin.gov/document/statutes/1.11 https://docs.legis.wisconsin.gov/document/statutes/299.01(4) https://docs.legis.wisconsin.gov/document/statutes/33.14(5) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1979/34 https://docs.legis.wisconsin.gov/document/acts/1979/34,%20s.%202102 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1981/317 https://docs.legis.wisconsin.gov/document/acts/1981/346 https://docs.legis.wisconsin.gov/document/acts/1981/346,%20s.%2038 https://docs.legis.wisconsin.gov/document/acts/1995/227 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/statutes/33.16 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/statutes/33.13(2)(b) Updated 17−18 Wis. Stats. 4 33.16 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) wastes and other drainage sources, and any other sources respon sible for lake degradation, are or will be substantially eliminated as a source of lake degradation, in order that any lake rehabilitated under this chapter may be protected or maintained in its protected or rehabilitated state; (g) Whether the project involves dredging and, if it does, the expected useful duration of the proposed dredging, whether other techniques are available to provide relief from the problem to be solved by dredging and whether long−term controls are or will be undertaken to prevent sedimentation; and (h) Whether the project involves algae or aquatic plant abate ment programs and, if it does, whether long−term controls are or will be undertaken to reduce or prevent nutrient pollution. (5) The department may not approve any application for financial assistance for the implementation of any project which involves dredging if the expected useful duration of the dredging is less than 50 years. The department may not approve any appli cation for financial assistance for the implementation of any proj ect which involves dredging if the state funding provided by the department under the financial assistance program would provide more than 50 percent of the funding necessary for dredging other than dredging to provide public access. The department may not approve any application for financial assistance for the imple mentation of dredging if the amount of the financial assistance to be provided for dredging for a single project exceeds 10 percent of the funds available for all projects in the biennium. The depart ment may not approve any application for financial assistance for the implementation of dredging unless no other reasonable alter native is available to provide relief from the problem to be solved by dredging. (6) The department shall act upon each application for finan cial assistance within 60 days following plan approval and issuance of permits unless lack of adequate funding or the need to invoke a priority system dictates a delay in determination. Plan disapproval, delay in funding or other action not approving the application shall be explained by the department to the district in writing. (7) (a) District share. The department may not grant financial assistance for implementation work in an amount which reduces a district’s share of the project cost to less than 10 percent, except that up to 100 percent funding may be allowed on high−risk exper imental projects where eventual results are highly uncertain. (b) Grant limit. No grant for financial assistance under this section may exceed 25 percent of state funds available in the bien nium. (c) Dredging limit. No grant for financial assistance under this section may provide for funding for dredging in an amount which exceeds 10 percent of the funds available in the biennium. (d) Renewal. The department may not renew a grant for finan cial assistance under this section in future bienniums unless the council finds that a special situation exists and recommends renewal of the grant. (e) North−south split. The department shall grant financial assistance under this section so that not less than 25 percent of the moneys granted in any fiscal year are granted to districts north of a line running east−west across the state and commencing at the southernmost point on the southern boundary of the city of Ste vens Point, except that this subsection does not preclude the full utilization of available funds if all applications north of this line aggregate less than 25 percent of the annual appropriations. (f) Level of funding; priorities. The department shall grant financial assistance under this section with the appropriate level of state funding based upon rules promulgated under s. 33.02 (1) (d). The department may deny financial assistance under this sec tion based upon priorities promulgated by rule under s. 33.02 (1) (e). (8) The department may evaluate or contract with the Univer sity of Wisconsin System to evaluate projects receiving financial assistance under this section. History: 1973 c. 301; 1975 c. 197; 1981 c. 20, 317; 1981 c. 346 s. 38; 1981 c. 391; 1987 a. 27. 33.17 Unfunded application to continue. (1) Aid appli cations 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 pre clude a district from implementing all or part of an approved plan with funding from any other source but these projects are not eligi ble for retroactive financial assistance. (2) The department shall return rejected applications to the district with a concise statement of the reasons for rejection. History: 1973 c. 301; 1975 c. 197; 1981 c. 20. 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 proj ect. History: 1981 c. 317. SUBCHAPTER IV PUBLIC INLAND LAKE PROTECTION AND REHABILITATION DISTRICTS 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 rehabilitate part of a lake only if the entire lake lies within the dis trict. Kaiser v. City of Mauston, 99 Wis. 2d 345, 299 N.W.2d 259 (Ct. App. 1980). 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 other acts necessary to carry out a pro gram of lake protection and rehabilitation. All contracts in excess of $2,500 for the performance of any work or the purchase of any materials shall be let by the commissioners to the lowest responsi ble bidder in the manner they prescribe. (2) The district may require that a contracting party give ade quate security to assure performance of the contract and to pay all damages which may arise from inadequate performance. (2m) Any district may create, operate and maintain a water safety patrol unit, as defined in s. 30.79 (1) (b) 2. (3) (a) 1. Except as provided in par. (b) 1., any district orga nized under this chapter may have the powers of a town sanitary district under ss. 60.77 and 60.78, other than the power under s. 60.77 (6) (b), that are authorized by resolution of the board of the town having the largest portion by valuation of the district. 2. The board of commissioners of a district that has the pow ers of a sanitary district under subd. 1. shall possess the powers of town sanitary district commissioners under s. 60.77 that are autho rized by resolution of the town board that adopts the resolution under subd. 1. (b) 1. Beginning on April 9, 1994, any district organized under this chapter may assume the powers of a town sanitary district under ss. 60.77 and 60.78, other than the power under s. 60.77 (6) (b), that are authorized by resolution by the annual meeting of the district. 2. The board of commissioners of a district that assumes the powers of a sanitary district under subd. 1. shall possess the pow https://docs.legis.wisconsin.gov/document/statutes/33.02(1)(d) https://docs.legis.wisconsin.gov/document/statutes/33.02(1)(d) https://docs.legis.wisconsin.gov/document/statutes/33.02(1)(e) https://docs.legis.wisconsin.gov/document/statutes/33.02(1)(e) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1981/317 https://docs.legis.wisconsin.gov/document/acts/1981/346 https://docs.legis.wisconsin.gov/document/acts/1981/346,%20s.%2038 https://docs.legis.wisconsin.gov/document/acts/1981/391 https://docs.legis.wisconsin.gov/document/acts/1987/27 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1981/317 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/courts/99%20Wis.%202d%20345 https://docs.legis.wisconsin.gov/document/courts/299%20N.W.2d%20259 https://docs.legis.wisconsin.gov/document/statutes/30.79(1)(b)2. https://docs.legis.wisconsin.gov/document/statutes/33.22(3)(b)1. https://docs.legis.wisconsin.gov/document/statutes/60.77 https://docs.legis.wisconsin.gov/document/statutes/60.78 https://docs.legis.wisconsin.gov/document/statutes/60.77(6)(b) https://docs.legis.wisconsin.gov/document/statutes/33.22(3)(a)1. https://docs.legis.wisconsin.gov/document/statutes/60.77 https://docs.legis.wisconsin.gov/document/statutes/33.22(3)(a)1. https://docs.legis.wisconsin.gov/document/statutes/60.77 https://docs.legis.wisconsin.gov/document/statutes/60.78 https://docs.legis.wisconsin.gov/document/statutes/60.77(6)(b) https://docs.legis.wisconsin.gov/document/statutes/60.77(6)(b) https://docs.legis.wisconsin.gov/document/statutes/33.22(3)(b)1. PUBLIC INLAND WATERS 33.255 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) ers of town sanitary district commissioners that are authorized by resolution by the annual meeting of the district. (4) Districts shall not exercise the town sanitary district pow ers authorized under sub. (3) within the boundaries of an incorpo rated municipality unless the governing body of the municipality consents. In addition, districts shall not exercise town sanitary district powers in any territory included in an existing town sani tary district except by contract under s. 66.0301 or unless the sani tary district merges under s. 33.235 (3). (4m) A district may undertake projects to enhance the recre ational uses of a lake within its jurisdiction, including recreational boating facilities as defined under s. 30.92 (1) (c). (4r) If authorized by an annual meeting of a district, the dis trict may appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the district or benefi cial to the district. (5) Nothing in this chapter shall limit the authority of the department to establish town sanitary districts under s. 60.72. History: 1973 c. 301; 1975 c. 197; 1977 c. 391; 1983 a. 532 s. 36; 1989 a. 159; 1991 a. 316; 1993 a. 167; 1995 a. 349; 1999 a. 150 s. 672. A low bidder under s. 33.22 who is apparently a “responsible” bidder has standing to seek a permanent injunction against the award of a contract to any other bidder. Aqua−Tech v. Como Lake Protection & Rehabilitation District, 71 Wis. 2d 541, 239 N.W.2d 25 (1976). 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 governing body of the municipality which establishes the district shall perform the function of the board of commissioners. For purposes of this subsection, “dis trict” does not include a restructured district. (2) Establishment of districts by towns under this section shall conform to the procedures of ss. 33.25 and 33.26 except that the town clerk shall perform the functions of the county clerk and the town board shall perform the functions of the county board and in addition shall hold the hearing. (3) Districts established by municipalities under this section may adopt the form of governance provided under s. 33.28 by petition to the governing body of the municipality. Upon presen tation of a petition conforming to the requirements of s. 8.40 requesting the change and signed by at least 20 percent of the property owners within the district, the governing body of the municipality shall provide for the necessary election of commis sioners. The election shall be held by secret ballot at the next annual or special meeting, whichever occurs first, of the district and the change becomes effective at that time unless a challenge to the results of that election is initiated in circuit court within 14 days after the election. The court shall stay the change pending the decision on the challenge. History: 1973 c. 301; 1975 c. 197; 1977 c. 141, 391; 1981 c. 18, 229; 1989 a. 159, 192, 359; 1995 a. 349. 33.235 Restructured districts; conversion and merger of town sanitary districts. (1) In this section: (a) “Lake” means a lake, reservoir or flowage within the boundaries of the state. (b) “Lake district” means a public inland lake protection and rehabilitation district that does not include a restructured district. (1m) A town board by resolution may convert a town sanitary district which encompasses all the frontage of a lake within its boundaries into a restructured district. The town sanitary district commissioners shall serve as the initial board of commissioners until the first annual meeting of the restructured district, at which time the commissioners shall be selected under s. 33.28. Conver sion shall not affect any preexisting rights or liabilities of the town sanitary district. All such rights or liabilities shall be assumed automatically by the restructured district. (2) The commissioners of a town sanitary district that does not encompass all the frontage of a lake within its boundaries may, with approval of the town board, petition under s. 33.25 for the for mation of a restructured district to include the territory of the exist ing sanitary district and any additional frontage on the lake that is deemed appropriate by the commissioners. The commissioners may sign the petition for the landowners in the sanitary district. If necessary to meet the requirements of s. 33.25, signatures of owners of land lying outside the sanitary district shall be obtained. Formation of a restructured district that includes such additional territory shall not affect any preexisting rights or liabilities of the town sanitary district, and all these rights and liabilities shall be assumed automatically by the restructured district. The method by which these rights and liabilities are apportioned within the restructured district shall be determined by the county board, and set out in the order issued under s. 33.26 (3) forming the restruc tured district. (3) A town sanitary district having boundaries coterminous or contiguous to a lake district may merge into the lake district. Merger is effected by approval of an identical merger resolution by a two−thirds vote of the commissioners of the town sanitary district and the lake district, followed by ratification by a majority of those voting at an annual or special meeting of the lake district and a majority of those voting in a referendum of the town sanitary district under s. 60.785 (2). Merger may not become effective unless the town board which created the sanitary district approves the merger. The commissioners of the town sanitary district and the district shall act jointly until the next annual or special meet ing, whichever occurs first, of the restructured district at which time the board of the restructured district shall be created subject to the requirements under s. 33.28. Merger does not affect the pre existing rights or liabilities of the town sanitary district or the lake district. All these rights and liabilities are assumed automatically by the restructured district, but the method of discharging these rights or obligations shall be set out in the merger resolution. (4) Any restructured district shall have all powers granted to districts under this chapter and to town sanitary districts under ch. 60, except the taxation power under s. 60.77 (6) (b). Such powers shall be exercised using the procedures and methods set out in this chapter. History: 1975 c. 197; 1979 c. 299; 1983 a. 532 s. 36; 1989 a. 159; 1995 a. 349. 33.24 County board may establish district. (1) Not withstanding 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. Before a district that includes any portion of a city or village may be formed under authority of this section, the city council or village board must have previously approved the inclusion of its territory within the boundaries of a proposed district. History: 1973 c. 301; 1995 a. 349. 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 per cent of the landowners or the owners of 51 percent of the lands within the proposed district. Governmental subdivisions, other than the state or federal governments, owning lands within the proposed district are eligible to sign such petition. A city council or village or town board may by resolution represent persons own ing lands within the proposed district who are within its jurisdic tion, and sign for all such landowners. (b) For a landowner that is a trust, foundation, corporation, association or organization, a petition under par. (a) shall be signed by an official representative, officer or employee who is authorized to do so by that landowner. (2) CONTENTS. The petition shall set forth: (a) The proposed name of the district; https://docs.legis.wisconsin.gov/document/statutes/33.22(3) https://docs.legis.wisconsin.gov/document/statutes/66.0301 https://docs.legis.wisconsin.gov/document/statutes/33.235(3) https://docs.legis.wisconsin.gov/document/statutes/30.92(1)(c) https://docs.legis.wisconsin.gov/document/statutes/60.72 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1983/532 https://docs.legis.wisconsin.gov/document/acts/1983/532,%20s.%2036 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1991/316 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/acts/1999/150 https://docs.legis.wisconsin.gov/document/acts/1999/150,%20s.%20672 https://docs.legis.wisconsin.gov/document/courts/71%20Wis.%202d%20541 https://docs.legis.wisconsin.gov/document/courts/239%20N.W.2d%2025 https://docs.legis.wisconsin.gov/document/courts/239%20N.W.2d%2025 https://docs.legis.wisconsin.gov/document/statutes/33.23(3) https://docs.legis.wisconsin.gov/document/statutes/33.25 https://docs.legis.wisconsin.gov/document/statutes/33.26 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/8.40 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/141 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1981/18 https://docs.legis.wisconsin.gov/document/acts/1981/229 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/192 https://docs.legis.wisconsin.gov/document/acts/1989/359 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/33.25 https://docs.legis.wisconsin.gov/document/statutes/33.25 https://docs.legis.wisconsin.gov/document/statutes/33.26(3) https://docs.legis.wisconsin.gov/document/statutes/60.785(2) https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/ch.%2060 https://docs.legis.wisconsin.gov/document/statutes/60.77(6)(b) https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1983/532 https://docs.legis.wisconsin.gov/document/acts/1983/532,%20s.%2036 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/statutes/33.01(3) https://docs.legis.wisconsin.gov/document/statutes/33.26 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/statutes/33.235 https://docs.legis.wisconsin.gov/document/statutes/33.24 https://docs.legis.wisconsin.gov/document/statutes/33.25(1)(a) Updated 17−18 Wis. Stats. 6 33.25 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (b) The necessity for the proposed district; (c) That the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the dis trict and that the lands to be included therein will be benefited by such establishment; and (d) The boundaries of the territory to be included in the pro posed district. (3) VERIFICATION, PLAT. The petition shall be verified by one of the petitioners, and shall be accompanied by a plat or sketch indicating the approximate area and boundaries of the district. (4) PRESUMPTION. Every petition is presumed to have been signed by the persons whose signatures appear thereon, until proved otherwise. (5) WITHDRAWING FROM PETITION. Any landowner who is con sidered to have signed the petition under sub. (1) may withdraw from the petition if the landowner files a written notice of the with drawal with the county clerk at least 10 days before the date of the hearing under s. 33.26. History: 1973 c. 301; 1975 c. 197; 1993 a. 167, 246; 1995 a. 349. The requirements for a verification under sub. (3) are that it is made under oath and carries the jurat of a notary public. Every person giving the oath is considered to have been lawfully sworn. Use of the word “certify” rather than “verify” is irrelevant. Nielsen v. Waukesha County Board of Supervisors, 178 Wis. 2d 498, 504 N.W.2d 621 (Ct. App. 1993). 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 hearing all interested persons may offer objections, criticisms or suggestions as to the necessity of the proposed district as outlined and to the question of whether their property will be benefited by the establishment of such district. Any person wishing to object to the organization of such district may, before the date set for the hearing, file objections to the for mation of such district with the county clerk. (2) Notice announcing the hearing and stating the boundaries of the proposed district shall be published in a paper of general cir culation in the county in which the proposed district is located as a class 1 notice, under ch. 985, and shall be mailed by the county board to the last−known address of each landowner within the pro posed district. (3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this sub section. If the board finds, after consideration of the committee’s report and any other evidence submitted to the board, that the peti tion is signed by the requisite owners as provided in s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, and that the property to be included in the district will be benefited by the establishment of the pro posed district, the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. There upon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chap ter. If the board does not so find, the board, by order, shall declare its findings and deny the petition. (5) The department shall be notified in writing of the hearing for the creation of the district at the time the hearing date is set. (6) In establishing the district, the county board may change the boundaries from those originally proposed. However, lands not originally proposed for inclusion may not be included until a public hearing is held under this section. (7) Any person aggrieved by the action of the board may peti tion the circuit court for judicial review. A verified petition shall be presented to the court not more than 30 days after the decision of the board, and shall specify the grounds upon which the appeal is based. History: 1973 c. 301; 1979 c. 34 s. 2102 (39) (g); 1981 c. 20; 1991 a. 316; 1993 a. 167; 1995 a. 227; 2003 a. 275. Although not specified, the right to review under sub. (7) is by statutory certiorari. Donaldson v. Board of Commissioners of Rock−Koshkonong Lake District, 2004 WI 67, 272 Wis. 2d 146, 680 N.W.2d 762, 01−3396. 33.265 Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commis sioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources and the department of revenue. History: 1981 c. 20; 1993 a. 301. 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 annual meeting of the district, and shall also make the appointment required under s. 33.28 (2). (1m) If no resident is willing to serve as required under sub. (1), the residency requirement shall be waived for the initial dis trict board of commissioners. (2) Within 30 days following the county board’s order estab lishing the district, the governing body of the town, city or village having the largest portion by valuation within the district shall appoint one of its members to the district board under s. 33.28 (2). (3) At any time following the making of the order establishing a district, but no later than 60 days following the expiration of time for appeal to the circuit court, or, if appealed, no later than 60 days following the final judgment in any appeal, the district board shall hold an organizational meeting, shall select officers to serve until the first annual meeting, and may commence conducting the affairs of the district. (4) The board may make an initial assessment of all taxable property within the district to raise funds to pay organizational costs and operate the district until the receipt of the tax voted by the first annual meeting. The manner of making the assessment shall be within the discretion of the board. History: 1973 c. 301; 1975 c. 197; 1979 c. 299; 1993 a. 167. 33.28 District board of commissioners. (1) Manage ment 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 commis sioners shall consist of all of the following: (a) One person appointed by the county board who is a member of the county land conservation committee or who is nominated by the county land conservation committee and appointed by the county board. (b) One person who is appointed by the governing body of the town, village, or city within which the largest portion by valuation of the district lies. The person appointed under this paragraph shall be a resident of the district who owns property within the dis trict if possible or shall be a member of the governing body of the town, village, or city within which the largest portion of the valua tion of the district lies. (c) Three electors or owners of property within the district elected by secret ballot by the qualified electors and property own ers within the district, for staggered 3−year terms. At least one of the elected commissioners shall be a resident of the district. (d) If the district includes a lake that is controlled by a dam, if the dam is not located in the town, village, or city within which the largest portion by valuation of the district lies, and if the governing body of the town, village, or city within which the largest portion by valuation of the district lies elects not to make an appointment https://docs.legis.wisconsin.gov/document/statutes/33.25(1) https://docs.legis.wisconsin.gov/document/statutes/33.26 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1993/246 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/courts/178%20Wis.%202d%20498 https://docs.legis.wisconsin.gov/document/courts/504%20N.W.2d%20621 https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/33.25 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1979/34 https://docs.legis.wisconsin.gov/document/acts/1979/34,%20s.%202102 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1991/316 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1995/227 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/courts/2004%20WI%2067 https://docs.legis.wisconsin.gov/document/courts/2004%20WI%2067 https://docs.legis.wisconsin.gov/document/courts/272%20Wis.%202d%20146 https://docs.legis.wisconsin.gov/document/courts/680%20N.W.2d%20762 https://docs.legis.wisconsin.gov/document/wisupremecourt/01-3396 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1993/301 https://docs.legis.wisconsin.gov/document/statutes/33.28(2) https://docs.legis.wisconsin.gov/document/statutes/33.27(1) https://docs.legis.wisconsin.gov/document/statutes/33.28(2) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/statutes/33.28(2m)(c) PUBLIC INLAND WATERS 33.307 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) under par. (b), as provided in sub. (2m) (c), one person who is appointed by the governing body of the town, village, or city within which the dam is located. The person appointed under this paragraph shall be a resident of the district who owns property within the district if possible or shall be a member of the governing body of the town, village, or city within which the dam is located. (2m) (a) An annual meeting may permanently increase the number of members of the board of commissioners to be elected under sub. (2) (c) from 3 to 5. (b) If no resident is willing to be elected as required under sub. (2) (c) for a given term, the residency requirement shall be waived until the end of that term. (c) If the district includes a lake that is controlled by a dam and if the dam is not located in the town, village, or city within which the largest portion by valuation of the district lies, the governing body of the town, village, or city within which the largest portion by valuation of the district lies may elect not to make an appoint ment under sub. (2) (b). (3) Three commissioners shall constitute a quorum for the transaction of business. (4) The board shall select a chairperson, secretary and trea surer from among its members. (5) Commissioners shall be paid actual and necessary expen ses incurred while conducting business of the district, plus such compensation as may be established by the annual meeting. (6) The board shall meet at least quarterly, and at other times on the call of the chairperson or the petition of 3 of the members. (7) If a vacancy occurs in the membership of the board under sub. (2) (a) or (d), the appointing authority shall appoint a person to fill the vacancy. If a vacancy occurs in the membership of the board under sub. (2) (b) that is not a result of the appointing body electing not to make an appointment under sub. (2m) (c), the appointing authority shall appoint a person to fill the vacancy. If a vacancy occurs in the membership of the board under sub. (2) (c), the chairperson of the board shall appoint a person to fill the remainder of the unexpired term, subject to approval by a majority vote of the board. History: 1973 c. 301; 1975 c. 197; 1977 c. 391; 1979 c. 299; 1981 c. 18, 346; 1989 a. 159, 359; 1991 a. 32; 1993 a. 167; 2015 a. 25, 140. Sub. (2) (a) provides that the county representative upon a public inland lake pro tection and rehabilitation board is to be a person appointed by the county board. By operation of s. 59.17 (2) (c), the power of appointing the county representative to a public inland lake protection and rehabilitation district is therefore transferred from the county board to the county executive once the office of county executive is cre ated, subject to confirmation by the board. OAG 2−09. 33.285 Property owning requirements. Any requirement under s. 33.27 (1) or 33.28 that a person own property within the district to be eligible for membership on the board of commission ers is satisfied if a person is an official representative, officer or employee of any trust, foundation, corporation, association or organization which is an owner of property within the district. History: 1975 c. 197; 1979 c. 299. 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 rehabilitation projects; (c) Contacting and attempting to secure the cooperation of officials of units of general purpose government in the area for the purpose of enacting ordinances deemed necessary by the board as furthering the objectives of the district; (d) Adopting and carrying out lake protection and rehabilita tion plans and obtaining any necessary permits therefor; (e) Maintaining liaison with those officials of state govern ment involved in lake protection and rehabilitation, and providing the department with the names and addresses of the current com missioners; (f) Scheduling the annual meeting of the district; and (g) Preparing the proposed annual budget for presentation at the annual meeting of the district. The proposed annual budget shall include all of the following: 1. A list of all existing indebtedness and all anticipated reve nue from all sources during the ensuing year. 2. A list of all proposed appropriations for each department, activity, and reserve account during the ensuing year. 3. The actual revenues and expenditures for the preceding year. 4. The actual revenues and expenditures for not less than the first 6 months of the current year. 5. The estimated revenues and expenditures for the balance of the current year. 6. For informational purposes by fund, all anticipated unex pended or unappropriated balances and surpluses. (2) The board shall have control over the fiscal matters of the district, subject to the powers and directives of the annual or a spe cial meeting. The board shall annually at the close of the fiscal year cause an audit to be made of the financial transactions of the district, which shall be submitted to the annual meeting. (3) The board, immediately after each annual meeting, shall elect a chairperson, secretary and treasurer, whose duties shall be as follows: (a) The chairperson shall preside at the annual meeting, at all special meetings and meetings of the board and at all public hear ings held by the board. (b) The secretary shall keep minutes of all meetings of the board and hearings held by it. The secretary shall prepare and send the notices required for the annual meeting, any special meeting, and any meeting of the board. (c) The treasurer shall receive and take charge of all moneys of the district, and pay out the same only on order of the board. History: 1973 c. 301; 1989 a. 159, 359; 2003 a. 275; 2015 a. 197 s. 51. 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 meeting shall be preceded by written notice mailed at least 14 days in advance of the meeting to all electors within the district whose address is known or can be ascertained with reasonable diligence, to all owners of property within the dis trict at the owner’s address as listed in the tax roll, and to the department. The district board of commissioners may substitute a class 2 notice, under ch. 985, in lieu of sending written notice to electors residing within the district. (b) No absentee ballots or proxies are permitted at the annual meeting. (2m) The notice of the annual meeting under sub. (2) shall include all of the following: (a) The proposed annual budget required under s. 33.29 (1) (g). (b) A list of each item proposed for consideration at the annual meeting in addition to the proposed annual budget. (c) A list of any items proposed for consideration at the annual meeting by persons eligible to vote at the annual meeting if all of the following conditions are met: 1. The item relates to an issue that is within the district’s authority. 2. Each item is submitted by a petition to the board at least 30 days before the annual meeting. 3. The petition is signed by persons who are eligible to vote at the annual meeting. 4. The number of persons signing the petition equals or exceeds 20 percent of the number of parcels located in the district that are subject to the property tax. (3) At the annual meeting, electors and property owners who attend the meeting shall do all of the following: https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(b) https://docs.legis.wisconsin.gov/document/statutes/33.28(2m)(c) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(c) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(c) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(b) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(a) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(d) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(b) https://docs.legis.wisconsin.gov/document/statutes/33.28(2m)(c) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(c) https://docs.legis.wisconsin.gov/document/statutes/33.28(2)(c) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1981/18 https://docs.legis.wisconsin.gov/document/acts/1981/346 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/359 https://docs.legis.wisconsin.gov/document/acts/1991/32 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/2015/25 https://docs.legis.wisconsin.gov/document/acts/2015/140 https://docs.legis.wisconsin.gov/document/oag/oag2-09 https://docs.legis.wisconsin.gov/document/statutes/33.27(1) https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/359 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/acts/2015/197 https://docs.legis.wisconsin.gov/document/acts/2015/197,%20s.%2051 https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/33.30(2) https://docs.legis.wisconsin.gov/document/statutes/33.29(1)(g) Updated 17−18 Wis. Stats. 8 33.30 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (a) Elect by secret ballot one or more commissioners to fill vacancies occurring in the elected membership of the district board. (b) Approve a budget for the coming year. The electors and property owners may consider and vote on amendments to the budget before approving that budget. The budget shall separately identify the capital costs and the costs of operation of the district, shall conform with the applicable requirements under s. 33.29 (1) (g) and shall specify any item that has a cost to the district in excess of $10,000. (4) At the annual meeting, electors and property owners may do any of the following: (a) Vote by majority a tax upon all taxable property within the district. That portion of the tax that is for the costs of operation for the coming year may not exceed a rate of 2.5 mills of equalized valuation as determined by the department of revenue and reported to the district board. The tax shall be apportioned among the municipalities having property within the district on the basis of equalized full value, and a report shall be delivered by the trea surer, by November 1, by certified statement to the clerk of each municipality having property within the district for collection. (b) Take up and consider such other business as comes before it. (c) Establish compensation to be paid the district board com missioners. (d) Create a nonlapsible fund to finance specifically identified capital costs and for maintenance of capital equipment. History: 1973 c. 301; 1975 c. 197; 1977 c. 142, 391, 447; 1979 c. 299; 1981 c. 18, 20; 1989 a. 159; 1993 a. 167; 1995 a. 349; 2003 a. 275, 327. 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 property owners in the district. (2) Written notice of a special meeting shall be given to the same persons and in the same manner required under s. 33.30 (2) (a). (3) At a special meeting, electors and property owners may take any action that is required or allowed to be taken at an annual meeting, except they may not do any of the following: (a) Approve an annual budget but they may consider and vote on amendments to the annual budget. (c) Consider the dissolution of the district or dissolve the dis trict. (d) Consider a matter that was resolved during another special meeting that was held since the previous annual meeting. (4) No absentee ballots or proxies are permitted at a special meeting. History: 1989 a. 159; 1995 a. 349; 2003 a. 275. 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 pro cedures required by statute for the selected financing methods so far as they are applicable and not in conflict with this subchapter. (2) Any district, when in temporary need, may borrow money under s. 67.12. (3) The district shall levy an annual, irrepealable tax to pay the principal and interest of the indebtedness incurred under subs. (1) and (2) when they are due. The district shall levy this tax without limitation as to rate or amount on all taxable property within the district. The tax shall be reported in accordance with s. 33.30 (4) (a) and may not be included nor includable in the operations tax limit of s. 33.30 (4) (a). (4) At an annual or special meeting, the district may not con sider or approve any borrowing or any tax to pay the indebtedness incurred under sub. (1) or (2) unless the meeting notice under s. 33.30 (2) (a) or 33.305 (2) includes a statement that borrowing or a tax levy to pay the indebtedness will be considered at the meet ing. History: 1973 c. 301; 1975 c. 197; 1977 c. 391; 1983 a. 207; 1989 a. 159; 1993 a. 167; 2003 a. 275. 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 manage ment or sanitary service activities undertaken by the district, may be levied by the commissioners as an exercise of the district’s police powers in the following manner: (a) Upon approval of plans for any work by the annual or by a special meeting of the district, the commissioners shall deter mine the entire cost to the district of the work to be done. (b) The commissioners shall then apportion the special assess ment within the district, other than state or federal lands, on a rea sonable basis. In apportioning the special assessment, the com missioners shall examine each parcel and determine the benefits to each parcel from the project, considering such factors as size, proximity to the lake and present and potential use of the parcel, including applicable zoning regulations. After benefits to each parcel are determined, assessments shall be made in an aggregate amount equal to the cost to the district of the project. Such assess ments shall be made in accordance with s. 66.0703, so far as it is applicable and not in conflict with this subchapter. (c) The commissioners shall file in the office of the county clerk a report of the assessments made. Notice shall be given to each owner, mortgagee, lessee or other person having an interest in an affected parcel that the report is open for review at a specified place within the district for 30 days after the date of the notice and that on a day named therein, which shall not be more than 3 days after the expiration of the 30 days, the commissioners will hear objections that may be made to the report. Notice shall be by mail to each person whose post−office address is known or can be ascertained with reasonable diligence, accompanied by a state ment of the assessment, and shall also be published as a class 2 notice, under ch. 985, in a newspaper having general circulation within the district. (d) At the time specified for hearing objections to the report, the commissioners shall hear parties interested who may appear for that purpose and may review, modify and correct the report as they deem just and at the conclusion of the hearing shall make a final determination of assessments. No assessment may be increased without additional notice to affected persons and provi sions for hearing objections to such increases. (e) When a final determination of assessments has been made, the secretary shall publish a class 1 notice, under ch. 985, within the district that a final determination has been made, and shall notify by mail each person entitled to notice under par. (c) of the amount assessed against the affected parcel. (f) An owner, mortgagee, lessee or other person having an interest in any parcel affected by the determination who feels aggrieved thereby may, within 40 days after the date of mailing of notice, appeal therefrom to the circuit court of the county in which the district is located by causing a written notice of appeal to be served upon the secretary of the district. The secretary in case such appeal is taken shall make a brief statement of the proceed ings had in the matter and shall transmit the same with all papers in the matter to the clerk of the circuit court. Such appeal shall be tried and determined in the same manner as cases originally com menced in said court. (2) The commissioners of any district may provide that spe cial assessments levied may be paid in annual installments, not more than 10 in number, in the manner provided in s. 66.0715 (3). (2m) Any delinquent special assessment or special charge that is collected under s. 66.0627 (4) or 66.0703 (13) shall be lev ied without limitation as to rate or amount on all taxable property within the district, shall be reported in accordance with s. 33.30 (4) (a) and shall not be included or includable in the operations tax limit of s. 33.30 (4) (a). https://docs.legis.wisconsin.gov/document/statutes/33.29(1)(g) https://docs.legis.wisconsin.gov/document/statutes/33.29(1)(g) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/142 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1977/447 https://docs.legis.wisconsin.gov/document/acts/1979/299 https://docs.legis.wisconsin.gov/document/acts/1981/18 https://docs.legis.wisconsin.gov/document/acts/1981/18 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/acts/2003/327 https://docs.legis.wisconsin.gov/document/statutes/33.30(2)(a) https://docs.legis.wisconsin.gov/document/statutes/33.30(2)(a) https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1995/349 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/statutes/67.12 https://docs.legis.wisconsin.gov/document/statutes/33.31(1) https://docs.legis.wisconsin.gov/document/statutes/33.31(2) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) https://docs.legis.wisconsin.gov/document/statutes/33.31(1) https://docs.legis.wisconsin.gov/document/statutes/33.31(2) https://docs.legis.wisconsin.gov/document/statutes/33.30(2)(a) https://docs.legis.wisconsin.gov/document/statutes/33.305(2) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1983/207 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/statutes/66.0703 https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/33.32(1)(c) https://docs.legis.wisconsin.gov/document/statutes/66.0715(3) https://docs.legis.wisconsin.gov/document/statutes/66.0627(4) https://docs.legis.wisconsin.gov/document/statutes/66.0703(13) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) https://docs.legis.wisconsin.gov/document/statutes/33.30(4)(a) PUBLIC INLAND WATERS 33.419 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (3) (a) County and municipally owned real estate within a dis trict shall be subject to special assessments. (b) If a county or municipality fails to pay a special assessment levied by a district, the clerk of the district may certify this fact to the department of administration, and shall state the amount due. The department, at the time of making the next scheduled distribu tion under s. 79.035, shall deduct the amount claimed from the payment due the county or municipality, and shall forward it to the district. (4) Outstanding unpaid assessments on privately owned lands shall be paid in full by any public body, including the state, which purchases such lands. (5) Sewerage system service charges imposed by districts with town sanitary district powers shall be in conformance with s. 66.0821. Special charges may be imposed for other services identified in the annual budget adopted under s. 33.30 (3) (b). The special charges may not exceed the rate of $2.50 per $1,000 of assessed valuation. The special charges may be certified by the district secretary to the clerk of each municipality having property within the district for collection and settlement in the same manner as provided under ch. 74. The commissioners shall allocate the charges to the property served in a manner prescribed by them unless the manner is specified by a resolution of the annual or of a special meeting. Delinquent special charges shall be governed by s. 66.0627 (4). History: 1973 c. 301; 1975 c. 197; 1977 c. 391; 1983 a. 27 s. 2202 (45); 1989 a. 159; 1991 a. 316; 1993 a. 167; 1997 a. 35; 1999 a. 150 s. 672; 2001 a. 30; 2003 a. 275; 2011 a. 32. 33.33 Merger, attachment, detachment. (1) MERGER. Any district may be merged with a contiguous district by resolu tion passed by a four−fifths vote of all the members of each board of commissioners. At the next annual or special meeting, which ever occurs first, the electors and property owners shall vote on whether to ratify the merger. If a majority of the electors and prop erty owners present and voting in each district endorse the merger, it takes effect. Following ratification, the boards of commission ers of merging districts shall act jointly until the next annual or special meeting whichever occurs first, at which time the board of the merged district shall be conformed to the requirements speci fied in s. 33.28. The governing body of the county, town, village or city having the largest portion by valuation within the district shall make the appointments under s. 33.28 (2). (2) ATTACHMENT. Contiguous territory may be attached to a district upon petition by the owner or motion of the commission ers. (a) Petition. A petition by an owner, directed to the district and requesting attachment, may be accepted by majority vote of the commissioners, upon which the attachment shall become effec tive. (b) Motion. If the commissioners by motion initiate attach ment proceedings, they shall notify the owners of the territory contemplated for attachment and the county board. The county board shall schedule a hearing on the motion, using the procedure of s. 33.26 as far as is applicable. Following the hearing, the board shall make a finding on the necessity of attachment of territory, using the standards of s. 33.26 (3), and shall declare the territory to be either attached or not. Appeals of the board’s decision shall be taken under s. 33.26 (7). (3) DETACHMENT. Territory may be detached from the district following petition of the owner or motion of the commissioners. Proposals for detachment shall be considered by the commission ers, and territory may be detached upon a finding that such terri tory is not benefited by continued inclusion in the district. Appeals of the commissioners’ decision may be taken under s. 33.26 (7). History: 1973 c. 301; 1975 c. 197; 1981 c. 20; 1989 a. 159; 2003 a. 275. It is not always necessary for the petitioner in a detachment proceeding to prove that there has been a change in circumstances since the district was created. The find ing of benefit to property required under s. 33.26 (3) in forming a district is not the same as the finding that the property is not benefited as required under s. 33.33 (3) to detach a property form the district. The s. 33.26 (3) finding is general and predic tive. Section 33.33 (3) requires an individualized evaluation of property under pres ent circumstances. Donaldson v. Board of Commissioners of Rock−Koshkonong Lake District, 2004 WI 67, 272 Wis. 2d 146, 680 N.W.2d 762, 01−3396. Although not specified, the right to review under sub. (3) is by statutory certiorari. Donaldson v. Board of Commissioners of Rock−Koshkonong Lake District, 2004 WI 67, 272 Wis. 2d 146, 680 N.W.2d 762, 01−3396. 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 dis trict or a property owner within the district notifies the district board of commissioners in writing at least 90 days before the annual meeting that the elector or property owner intends to peti tion for dissolution at that annual meeting. The notice of the annual meeting must include a statement that a petition to dissolve the district will be considered. The district may be dissolved upon a two−thirds vote of the electors and property owners present at the annual meeting. The county board shall by order dissolve the district following receipt of the petition if the county board finds that one or more of the standards for the creation of a district under s. 33.26 (3) are not met. The order for dissolution shall be condi tioned upon proper petition to the circuit court and appointment of a receiver to administer the winding up of the district under the supervision of the court and a final order of the court. The attorney general shall represent the state and shall be a party to every dis solution proceeding where state money is involved. History: 1973 c. 301; 1989 a. 159. 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 territory containing less than an entire dis trict is incorporated as a city or village, consolidated with a city or village or is annexed to a city or village, the district shall sur vive, and the district shall continue to operate under this chapter, subject to the following modifications: (a) The district shall exercise only those powers granted under this chapter. Sanitary district powers shall not be exercised unless consent for such exercise is obtained in advance from the govern ing body of the city or village. (b) The governing body of the city, village or town having the largest portion by valuation of the district within its jurisdiction shall make the appointment under s. 33.28. (c) Ownership of any water or sewerage system shall be deter mined according to s. 60.79 (2) (d). History: 1975 c. 197; 1983 a. 532 s. 36; 1989 a. 159. 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 within which the largest portion, by valuation, of a district lies shall have jurisdiction on motions for attachment under s. 33.33 (2) (b) and on petitions for dissolution under s. 33.35. History: 1977 c. 391. SUBCHAPTER V DANE COUNTY LAKES AND WATERSHED COMMISSION 33.41 Definitions. In this subchapter: (1) “Board of commissioners” means the board of commis sioners 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. https://docs.legis.wisconsin.gov/document/statutes/79.035 https://docs.legis.wisconsin.gov/document/statutes/66.0821 https://docs.legis.wisconsin.gov/document/statutes/33.30(3)(b) https://docs.legis.wisconsin.gov/document/statutes/ch.%2074 https://docs.legis.wisconsin.gov/document/statutes/66.0627(4) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/acts/1983/27 https://docs.legis.wisconsin.gov/document/acts/1983/27,%20s.%202202 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/1991/316 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1997/35 https://docs.legis.wisconsin.gov/document/acts/1999/150 https://docs.legis.wisconsin.gov/document/acts/1999/150,%20s.%20672 https://docs.legis.wisconsin.gov/document/acts/2001/30 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/acts/2011/32 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/33.28(2) https://docs.legis.wisconsin.gov/document/statutes/33.26 https://docs.legis.wisconsin.gov/document/statutes/33.26(3) https://docs.legis.wisconsin.gov/document/statutes/33.26(7) https://docs.legis.wisconsin.gov/document/statutes/33.26(7) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1981/20 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/acts/2003/275 https://docs.legis.wisconsin.gov/document/courts/2004%20WI%2067 https://docs.legis.wisconsin.gov/document/courts/272%20Wis.%202d%20146 https://docs.legis.wisconsin.gov/document/courts/680%20N.W.2d%20762 https://docs.legis.wisconsin.gov/document/wisupremecourt/01-3396 https://docs.legis.wisconsin.gov/document/courts/2004%20WI%2067 https://docs.legis.wisconsin.gov/document/courts/2004%20WI%2067 https://docs.legis.wisconsin.gov/document/courts/272%20Wis.%202d%20146 https://docs.legis.wisconsin.gov/document/courts/680%20N.W.2d%20762 https://docs.legis.wisconsin.gov/document/wisupremecourt/01-3396 https://docs.legis.wisconsin.gov/document/statutes/33.26(3) https://docs.legis.wisconsin.gov/document/acts/1973/301 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/statutes/33.23 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/60.79(2)(d) https://docs.legis.wisconsin.gov/document/acts/1975/197 https://docs.legis.wisconsin.gov/document/acts/1983/532 https://docs.legis.wisconsin.gov/document/acts/1983/532,%20s.%2036 https://docs.legis.wisconsin.gov/document/acts/1989/159 https://docs.legis.wisconsin.gov/document/statutes/33.24 https://docs.legis.wisconsin.gov/document/statutes/33.28 https://docs.legis.wisconsin.gov/document/statutes/33.33(2)(b) https://docs.legis.wisconsin.gov/document/statutes/33.35 https://docs.legis.wisconsin.gov/document/acts/1977/391 https://docs.legis.wisconsin.gov/document/statutes/33.42 Updated 17−18 Wis. Stats. 10 33.41 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (3) “County board” means the county board of the county. (5g) “Municipality” means any city, village or town. History: 1989 a. 324. 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 designee. (c) Two members who are supervisors on the county board and who represent supervisory districts located entirely outside the city of Madison. (d) Two members who are supervisors on the county board and who represent supervisory districts located entirely within the city of Madison. (dm) One member who is a member of the Yahara Lakes Asso ciation. (e) 1. Except as provided in subd. 2., one member who is not a supervisor on the county board, who resides in the city of Madi son and whose name is on a list of at least 2 nominees submitted to the county executive by the mayor of the city of Madison. 2. If the list of nominees required under this paragraph is not submitted at least 60 days before the term of the member appointed under this paragraph expires or at least 60 days before the county executive must fill a vacancy under this paragraph, the county executive shall appoint a member who is not a supervisor on the county board and who resides in the city of Madison. (f) 1. Except as provided in subds. 2. and 3., one member who is not a supervisor on the county board, who resides outside the city of Madison and whose name is on a list of at least 2 nominees submitted to the county executive by the Dane County Towns Association. 2. For terms subsequent to the initial term, the person appointed under this paragraph must reside outside the city of Madison and the person’s name must be on a list of at least 2 nomi nees submitted to the county executive by the Dane County Towns Association. Unless the person has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, the person may not be a supervisor on the county board. 3. If the list of nominees required under this paragraph is not submitted at least 60 days before the term of the member appointed under this paragraph expires or at least 60 days before the county executive must fill a vacancy under this paragraph, the county executive shall appoint a member who resides outside the city of Madison and who either has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, or who is not a supervisor on the county board. (g) 1. Except as provided in subds. 2. and 3., one member who is not a supervisor on the county board, whose name is on a list of at least 2 nominees submitted to the county executive by a major ity of the chief executives of the villages and cities, except the city of Madison, that are located at least partially in the county, and who is a resident of such a village or city. 2. For terms subsequent to the initial term, the person appointed under this paragraph must not be a supervisor on the county board. Unless the person has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, the name of the person must be on a list submitted to the county executive by a majority of the chief execu tives of the villages and cities, except the city of Madison, that are located at least partially in the county, and the person must be a resident of such a village or city. 3. If the list of nominees, when required under this paragraph, is not submitted at least 60 days before the term of the member appointed under this paragraph expires or at least 60 days before the county executive must fill a vacancy under this paragraph, the county executive shall appoint a member who is not a supervisor on the county board and who either has served continuously as the member appointed under this paragraph for all previous terms, including the initial term, or who is a resident of a village or city, except the city of Madison, that is located at least partially within the county. (2) The county executive shall appoint the members listed under sub. (1) (c) to (g) subject to confirmation by the county board. (2g) In making the appointments under sub. (1) (c) and (d), the county executive shall appoint persons who will represent the diverse interests of the urban and rural communities in improving the water quality and the scenic and environmental value of the county surface waters and groundwaters. (2m) The term of a member appointed under sub. (1) (c) to (g) begins on the 3rd Tuesday in April of the year in which the mem ber is appointed and ends on the 3rd Tuesday in April in the 3rd year following the year in which the member is appointed. (3) Six commissioners shall constitute a quorum for the trans action of business. (5) Commissioners shall be paid actual and necessary expen ses incurred while conducting business of the commission and shall be paid the same per diem as members of county board com mittees. (6) (a) If a commissioner appointed under sub. (1) (c) or (d) is not reelected to be a supervisor on the county board during his or her term on the commission, he or she may continue to serve on the commission until the position is filled as provided in par. (b). (b) Vacancies occurring during the term of any commissioner appointed under sub. (1) (c) to (g) shall be filled within 90 days in the manner provided in s. 17.27 (1n). A commissioner appointed to fill a vacancy may be reappointed for subsequent full terms. (7) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 6 of the members. (8) Any action by the board of commissioners requires the affirmative vote of the majority of members present and voting. (9) The board of commissioners shall elect a chairperson, vice chairperson and secretary from its members each year, and these officers shall have the following duties: (a) The chairperson shall preside at all meetings and all public hearings held by the board of commissioners. (b) The vice chairperson shall preside at any meeting or any public hearing held by the board of commissioners at which the chairperson is unable to preside. (c) The secretary shall keep minutes of all meetings of the board of commissioners and hearings held by it. History: 1989 a. 324; 1999 a. 9; 2001 a. 103. 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 liaison with agencies of the federal, state and local governments and other organizations that are involved in programs or projects designed to protect, rehabilitate and manage water resources. https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(e)2. https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(f)2. https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(f)3. https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(g)2. https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(g)3. https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(g) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(d) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(g) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(d) https://docs.legis.wisconsin.gov/document/statutes/33.44(6)(b) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.44(1)(g) https://docs.legis.wisconsin.gov/document/statutes/17.27(1n) https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1999/9 https://docs.legis.wisconsin.gov/document/acts/2001/103 PUBLIC INLAND WATERS 33.4611 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (3) The board of commissioners shall develop a public infor mation and education program on issues related to the surface waters and groundwaters of the county. History: 1989 a. 324; 2003 a. 33. 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 of the county. (b) Protect or enhance the recreational use of the navigable waters of the county. (c) Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the county that relate to any of the following: 1. Surface water and groundwater quality. 2. The recreational use of and public access to navigable waters. 3. Water safety and boating regulations. 4. Algae and aquatic plant management. (d) Reduce soil erosion and bring cropland soil erosion loss into conformance with s. 92.025. (2) The board of commissioners may develop and propose to the county board programs or projects to make improvements to the navigable waters in the county including, but not limited to, constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navi gable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways. (3) The board of commissioners may create advisory commit tees as it considers necessary to apprise the board of commission ers of the information necessary to implement its duties and pow ers. The advisory committees may include, but are not limited to, representatives of the following: fishing groups; farmers; busi nesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; sci entists; conservationists; hunters; and water skiing, diving and other sports clubs. (4) The board of commissioners may promulgate any rules necessary to implement the duties and powers granted to the board of commissioners. History: 1989 a. 324. 33.455 Regulation proposed by board of commission ers. (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 navigable waters of the county. (2) MINIMUM STANDARDS. The board of commissioners may propose to the county board minimum standards for local regula tions and ordinances for municipalities and the county to protect and rehabilitate the water quality of the surface waters and groundwaters of the county that relate to any of the following: (a) The environmental control of land surfaces, which includes, but is not limited to, one or more of the following: 1. Erosion control. 2. Construction site control. 3. Zoning of shorelands, wetlands and floodplains. 4. Subdivision of land under ch. 236. 5. Environmental control of agricultural land. 6. Other conservation programs or projects that relate to the environmental control of land surfaces. (b) The maintenance of property owned or maintained by a municipality, including public ways and shorelands. (3) ADOPTION BY COUNTY BOARD. (a) Subject to the require ments under s. 281.33 (3m), the county board may adopt a mini mum standard, an ordinance or a local regulation, or a modifi cation to or rescission of an ordinance or a local regulation, as proposed by the board of commissioners under sub. (1) or (2). (b) Notwithstanding s. 30.77 (3) (a), an ordinance, local regu lation or minimum standard as adopted by the county board under this section shall apply to the county and to any municipality par tially or totally within the county and shall supersede any less restrictive and conflicting provision of a minimum standard, ordi nance or local regulation adopted by a municipality. History: 1989 a. 324; 2013 a. 20. 33.457 Implementation plan. (1) The board of commis sioners shall develop an implementation plan, with the advice of the Dane County Regional Planning Commission, and shall sub mit the plan to the presiding officers of each house of the legisla ture, the chairperson of the county board and the county executive of the county by July 1, 1992. (2) The implementation plan shall include all of the following: (a) Minimum standards for shoreland, floodplain and wetland zoning ordinances to control polluting activities. (b) Storm drainage system plans that incorporate water quality protection measures to the maximum extent feasible. (c) Minimum standards in urban areas for street sweeping, salt usage reduction, shoreline maintenance and leaf collection. (d) Plans for bringing cropland soil erosion loss into confor mance with the standards in s. 92.025. (e) Barnyard and feedlot runoff and waste management control plans. (f) Minimum standards for construction site erosion control ordinances. Minimum standards under this paragraph that are applicable to activities regulated under s. 281.33 (3) shall strictly conform with applicable uniform statewide standards established under s. 281.33 (3). (g) Standards for algae and aquatic plant management. (h) Proposals to finance the effectuation of the implementation plan. (3) The implementation plan may include recommendations for any of the following: (a) Dredging and maintenance of navigability of waterways. (b) Operation of navigation locks and control of water levels and flow. (c) Maintenance, protection and improvement of shorelines, banks and beds of navigable waters. (cm) Protection of banks of nonnavigable streams, wetlands, groundwater recharge areas and other areas significant to environ mental quality. (d) Access to shoreline recreational areas and facilities. (e) Water safety, navigational and boating regulations. (f) Research activities and feasibility studies. (4) Within 3 months after the implementation plan is devel oped and submitted under sub. (1), the department and the desig nated planning agency under s. 281.51 that covers the county shall evaluate the implementation plan to determine whether it is con sistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to: (a) Protect and rehabilitate the water quality of the surface waters and the groundwaters of the county. (b) Protect and enhance the recreational use of the navigable waters of the county. (c) Increase water and boating safety on the navigable waters of the county. History: 1989 a. 324; 1995 a. 227; 1997 a. 252; 2013 a. 20. 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: https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/2003/33 https://docs.legis.wisconsin.gov/document/statutes/92.025 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/statutes/ch.%20236 https://docs.legis.wisconsin.gov/document/statutes/281.33(3m) https://docs.legis.wisconsin.gov/document/statutes/33.455(1) https://docs.legis.wisconsin.gov/document/statutes/33.455(2) https://docs.legis.wisconsin.gov/document/statutes/30.77(3)(a) https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/2013/20 https://docs.legis.wisconsin.gov/document/statutes/92.025 https://docs.legis.wisconsin.gov/document/statutes/281.33(3) https://docs.legis.wisconsin.gov/document/statutes/281.33(3) https://docs.legis.wisconsin.gov/document/statutes/33.457(1) https://docs.legis.wisconsin.gov/document/statutes/281.51 https://docs.legis.wisconsin.gov/document/statutes/281.51 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1995/227 https://docs.legis.wisconsin.gov/document/acts/1997/252 https://docs.legis.wisconsin.gov/document/acts/2013/20 Updated 17−18 Wis. Stats. 12 33.46 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) 1. The budget shall list all anticipated revenue from all sources during the ensuing year and shall list all proposed appro priations for each activity and reserve account for the ensuing year. The budget shall also show actual revenues and expendi tures for the preceding year, if applicable, actual revenue and expenditures for the current year and estimated revenues and expenditures for the balance of the current year. The budget shall also show for informational purposes by fund all anticipated unex pended or unappropriated balances and all surpluses. 2. A summary of the budget, a notice of the place where a copy of the budget is located for public inspection and a notice of the time and place for a public hearing on the budget shall be pub lished as a class 1 notice under ch. 985 in the county at least 15 days before the public hearing. 3. The summary required under subd. 2. shall include all of the following for the proposed budget, for the budget in effect and for the budget of the preceding year, if applicable: a. All expenditures, by major expenditure category. b. All revenues by major revenue source. c. Any financing source and use not included under subd. 3. a. and b. d. All beginning and year−end fund balances. (b) Not less than 15 days after the publication of the summary of the budget and of the notices required under par. (a) 2., the board of commissioners shall hold a public hearing at the time and place specified in the notice. At the hearing, any resident or taxpayer of the county shall have the opportunity to be heard on the proposed budget. The budget hearing may be adjourned from time to time. At the hearing, the board of commissioners may adopt changes to the budget. (c) After the public hearing, the board of commissioners shall submit the proposed budget to the county for incorporation in the county’s budget to be subject to any review procedures that apply to the county budget under ss. 59.60 and 65.90. (2) TAXES; SPECIAL ASSESSMENTS; SPECIAL CHARGES; FEES. As part of the commission’s budget, the board of commissioners may propose that the county board levy or impose any of the following: (a) A tax upon all taxable real property in the county for the costs of operation of the commission for each fiscal year. (b) Special assessments or special charges under s. 33.47. (c) Fees that the county is empowered to charge under ss. 30.77 (3) (e), 33.475 and 59.54 (2). History: 1989 a. 324; 1995 a. 201. 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 of any area within which any special assessment or special charge will be levied. (2) The county board shall determine the total amount of any special assessment or special charge to be levied. (3) The board of commissioners shall make a recommenda tion to the county board regarding the manner in which any special assessment or a special charge to be levied will be apportioned to real property that is benefited within the area determined under sub. (1m). (4) The county board shall apportion any special assessment or special charge it levies to real property within the county on a reasonable basis. (5) Any special assessment or special charge levied shall be in accordance with ss. 66.0627 and 66.0703 to the extent that those sections are applicable to and not in conflict with this subsection. (6) The county board may allow annual installment payments of special assessments, but not to exceed 10 in number. (7) Real property located in the county that is owned by any county or a municipality is subject to special assessments and spe cial charges. The procedure for collecting special assessments under s. 33.32 (3) (b) shall apply to collections of special assess ments and special charges under this subsection. (8) Outstanding unpaid assessments on privately owned real property shall be paid in full by any public body, including the state, that purchases the real property. History: 1989 a. 324; 1999 a. 150. 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 charge boat operators reasonable fees for the costs of providing other recreational boating services not speci fied in ss. 30.77 (3) (e) and 59.54 (2). History: 1989 a. 324; 1993 a. 167; 1995 a. 201. The delegation of authority to local governments to collect boater fees for miscella neous “recreational boating services” under ss. 30.77 (3) (e) 1. c. and 33.475 is uncon stitutional. 79 Atty. Gen. 185. 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 envi ronmental control of land surfaces below the expenditures it made in the fiscal year ending in 1990 if the county or the municipality makes the expenditures for the purposes of protecting or rehabili tating the quality of the surface waters and the groundwaters of the county. These expenditures include, but are not limited to, spend ing for erosion control, for construction site control, for environ mental control of agricultural land and for conservation programs or projects but do not include extraordinary or nonrecurring expenses for these purposes. History: 1989 a. 324. SUBCHAPTER VI SOUTHEASTERN WISCONSIN FOX RIVER COMMISSION 33.53 Definitions. In this subchapter: (1) “Board of commissioners” means the board of commis sioners 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 com missioners. (5) “County board” means the county board of a river county. (6) “Municipality” means any city, village or town. (6m) “River county” means Kenosha County, Racine County or Waukesha County or any county in the Illinois Fox River basin that is designated by the commission under s. 33.57 (5). (7) “River municipality” means any of the following munici palities that is located in a river county: (a) The city of Waukesha. (b) The town of Waukesha. (c) The village of Waterford. (d) The town of Waterford. (e) The village of Big Bend. (f) The town of Vernon. (g) The town of Mukwonago. (h) The village of Mukwonago. (i) The village of Rochester. (j) The town of Burlington. (k) The city of Burlington. (L) The town of Wheatland. (m) The town of Salem. (n) The village of Silver Lake. https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/33.46(1)(a)2. https://docs.legis.wisconsin.gov/document/statutes/33.46(1)(a)3.a. https://docs.legis.wisconsin.gov/document/statutes/33.46(1)(a)3.a. https://docs.legis.wisconsin.gov/document/statutes/33.46(1)(a)3.b. https://docs.legis.wisconsin.gov/document/statutes/33.46(1)(a)2. https://docs.legis.wisconsin.gov/document/statutes/59.60 https://docs.legis.wisconsin.gov/document/statutes/65.90 https://docs.legis.wisconsin.gov/document/statutes/33.47 https://docs.legis.wisconsin.gov/document/statutes/30.77(3)(e) https://docs.legis.wisconsin.gov/document/statutes/30.77(3)(e) https://docs.legis.wisconsin.gov/document/statutes/33.475 https://docs.legis.wisconsin.gov/document/statutes/59.54(2) https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1995/201 https://docs.legis.wisconsin.gov/document/statutes/33.47(1m) https://docs.legis.wisconsin.gov/document/statutes/66.0627 https://docs.legis.wisconsin.gov/document/statutes/66.0703 https://docs.legis.wisconsin.gov/document/statutes/33.32(3)(b) https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1999/150 https://docs.legis.wisconsin.gov/document/statutes/30.77(1) https://docs.legis.wisconsin.gov/document/statutes/30.77(3)(e) https://docs.legis.wisconsin.gov/document/statutes/59.54(2) https://docs.legis.wisconsin.gov/document/statutes/59.54(2) https://docs.legis.wisconsin.gov/document/statutes/30.77(3)(e) https://docs.legis.wisconsin.gov/document/statutes/59.54(2) https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/acts/1993/167 https://docs.legis.wisconsin.gov/document/acts/1995/201 https://docs.legis.wisconsin.gov/document/oag/vol79-185 https://docs.legis.wisconsin.gov/document/acts/1989/324 https://docs.legis.wisconsin.gov/document/statutes/33.54 https://docs.legis.wisconsin.gov/document/statutes/33.57(5) PUBLIC INLAND WATERS 33.5613 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) (o) Any city, village, or town in a river county that is desig nated by the commission under s. 33.57 (5). (8) “Surface waters” include surface water in drainage ditches. History: 1997 a. 27; 2015 a. 226. 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−Illinois border, except that the commission may extend this area by an affirmative vote of the majority of voting commissioners. The board of commissioners shall govern the commission. A county or river municipality may appropriate money to the commission. The commission, a river county or a river municipality may solicit gifts, grants, and other aid for the commission to enable the commission to perform the functions in this subchapter. History: 1997 a. 27; 2015 a. 226. 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 desig nee. (b) The county executive of Waukesha County or his or her designee. (bg) The county executive of Kenosha County or his or her designee. (br) The county executive of any county admitted to the com mission under s. 33.53 (7) (o) or his or her designee. (c) The mayor of the city of Waukesha or his or her designee. (d) The town board chairperson of the town of Waukesha or his or her designee. (e) The village president of the village of Waterford or his or her designee. (f) The town board chairperson of the town of Waterford or his or her designee. (g) The village president of the village of Big Bend or his or her designee. (h) The town board chairperson of the town of Vernon or his or her designee. (i) The town board chairperson of the town of Mukwonago or his or her designee. (j) The village president of the village of Mukwonago or his or her designee. (p) The village president of the village of Rochester or his or her designee. (q) The town board chairperson of the town of Burlington or his or her designee. (r) The mayor of the city of Burlington or his or her designee. (s) The town board chairperson of the town of Wheatland or his or her designee. (t) The town board chairperson of the town of Salem or his or her designee. (u) The village president of the village of Silver Lake or his or her designee. (v) The mayor, village president, or town board chairperson of any city, village, or town, respectively, designated as a river municipality by the commission under s. 33.53 (7) (o) or his or her designee. (w) One nonvoting representative from the Southeastern Wis consin Regional Planning Commission, who shall be appointed by the chairperson of the Southeastern Wisconsin Regional Plan ning Commission. (x) One nonvoting representative from the department of natu ral resources, who shall be appointed by the secretary of natural resources. (1m) If an elected official who is a member of the commission or his or her designee, if designated, is unable to attend a meeting of the commission, the elected official may authorize another resi dent of the river county to attend the meeting and exercise the duties of the member. (2) (a) If a commissioner listed under sub. (1) (a) to (j) is an elected official, his or her term on the commission runs concur rently with his or her term in office. If the elected official resigns from the commission during his or her term in office, the elected official shall appoint a designee to take his or her place on the com mission within 90 days of his or her resignation. (b) If a commissioner listed under sub. (1) (a) to (v) is appointed to the commission by an elected official, as the designee of an elected official, his or her term on the commission begins and ends on dates determined by the appointing river county or river municipality. Vacancies occurring during the term of the designee of an elected official shall be filled within 90 days of the vacancy by another designee who is appointed by the elected official, or the elected official may become the commissioner. The river county or river municipality shall inform the board of commissioners in writing that a new designee is appointed no more than 90 days after the appointment. (d) The term of a commissioner appointed under sub. (1) (w) or (x) begins and ends on dates determined by the appointing authority. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy. The appointing authority shall inform the board of com missioners in writing that a new commissioner is appointed no more than 90 days after the appointment. (3) A number equal to a majority of voting commissioners shall constitute a quorum for the transaction of business. If an elected official under sub. (1) (a) to (v) notifies the board of com missioners in writing that he or she will not participate in the com mission and will not appoint a designee or authorize an alternate under sub. (1m), that person may not be included in the number of voting commissioners for purposes of determining the number that constitutes a quorum for the transaction of business. (4) The board of commissioners shall meet at least quarterly, and at other times on the call of the chairperson or on the petition of 5 commissioners. (5) Any action by the board of commissioners requires the affirmative vote of a majority of the members present and voting. (6) Annually, the board of commissioners shall elect a chair person, vice chairperson and secretary from its members, and these officers shall have the following duties: (a) The chairperson shall preside at all meetings and all public hearings held by the board of commissioners. (b) The vice chairperson shall preside at any meeting or any public hearing held by the board of commissioners at which the chairperson is unable to preside. (c) The secretary shall keep minutes of all meetings of the board of commissioners and hearings held by it. History: 1997 a. 27, 252; 2015 a. 226; 2017 a. 365. 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 located in a river municipality. (2) Maintain a liaison with agencies of the federal, state and local governments and other organizations that are involved in programs or projects designed to protect, rehabilitate and manage water resources. (3) Develop a public information and education program on issues related to the surface waters and groundwaters of the Illi nois Fox River basin that are located in a river municipality. History: 1997 a. 27; 2003 a. 33. https://docs.legis.wisconsin.gov/document/statutes/33.57(5) https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/2015/226 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/2015/226 https://docs.legis.wisconsin.gov/document/statutes/33.53(7)(o) https://docs.legis.wisconsin.gov/document/statutes/33.53(7)(o) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(a) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(j) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(a) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(v) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(w) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(x) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(a) https://docs.legis.wisconsin.gov/document/statutes/33.55(1)(v) https://docs.legis.wisconsin.gov/document/statutes/33.55(1m) https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/1997/252 https://docs.legis.wisconsin.gov/document/acts/2015/226 https://docs.legis.wisconsin.gov/document/acts/2017/365 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/2003/33 Updated 17−18 Wis. Stats. 14 33.57 PUBLIC INLAND WATERS Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) 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 the groundwaters of the Illinois Fox River basin that are located in a river municipal ity. (b) Protect or enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality. (c) Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the river county that relate to any of the following: 1. Surface water and groundwater quality of the Illinois Fox River basin that is located in a river municipality. 2. The recreational use of and public access to navigable waters of the Illinois Fox River basin that is located in a river municipality. 3. Water safety and boating regulations for the Illinois Fox River basin that is located in a river municipality. (2) Develop and propose to the county board programs or projects to make improvements to the navigable waters in the Illi nois Fox River basin that is located in a river municipality, includ ing constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navi gable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways. (3) Create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; envi ronmentalists; scientists; conservationists; hunters; and water ski ing, diving and other sports clubs. (4) Adopt any rules necessary to implement the duties and powers granted to the board of commissioners. (5) Designate as a river municipality or river county, by an affirmative vote of the majority of voting commissioners, a town, village, city, or county that requests through a resolution adopted by its governing body to be designated as being under the commis sion’s jurisdiction. History: 1997 a. 27; 2015 a. 226. 33.58 Regulation proposed by board of commission ers. (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 ordi nance or local regulation relating to boating, recreation or safety upon the navigable waters of the Illinois Fox River basin that is located in a river municipality. (2) MINIMUM STANDARDS. The board of commissioners may propose to the governing body of a river municipality minimum standards for local regulations and ordinances for municipalities to protect and rehabilitate the water quality of the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality. History: 1997 a. 27. 33.59 Implementation plan. (1) The board of commission ers 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 county by April 1, 1998. (2) With regard to the Illinois Fox River basin that is located in a river municipality, the implementation plan shall include all of the following: (a) A plan for, including the method of payment for, an engi neering study to determine areas for selective dredging, including the dredging of selective shallow areas of the impoundment area in Waterford. (b) A plan for clearing channels of fallen trees and other debris. (c) A water use plan. (d) A plan for operating the Waterford Dam with a winter drawdown level. (e) A plan for streambank erosion protection. (f) A plan for automating the Waterford Dam with upstream sensors. (g) A plan for maintenance, protection and improvement of shorelines, banks and beds of navigable waters. (h) A plan for access to shoreline recreational areas and facili ties. (i) Water safety, navigational and boating regulations. (3) Within 3 months after the implementation plan is devel oped and submitted under sub. (1), the department and the desig nated planning agencies under s. 281.51 that cover each river county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to: (a) Protect and rehabilitate the water quality of the surface waters and the groundwaters of the Illinois Fox River basin that are located in a river municipality. (b) Protect and enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality. (c) Increase water and boating safety on the navigable waters of the Illinois Fox River basin that are located in a river municipal ity. History: 1997 a. 27; 2015 a. 226. 33.60 Budget proposals. (1) (a) The commission’s fiscal year shall commence July 1 of each year and end June 30 of the following year. Annually, the board of commissioners shall pre pare a proposed budget for the commission’s activities, plans, pro grams, or projects under this subchapter. (b) The budget shall include all of the following elements: 1. A list of all anticipated revenue from all sources during the upcoming year. 2. A list of all proposed appropriations for each activity and reserve account for the upcoming year. 3. Actual revenues and expenditures for the preceding year, if applicable. 4. Actual revenue and expenditures for the current year. 5. Estimated revenues and expenditures for the balance of the current year. 6. A list, by fund, of all anticipated unexpended or unappro priated balances and all surpluses. (c) The commission shall publish as a class 1 notice under ch. 985 in Racine County and in Waukesha County, at least 15 days before the public hearing, a summary of the budget, a notice of the place where a copy of the budget is located for public inspection and a notice of the time and place for a public hearing on the bud get. (d) The summary required under par. (c) shall include all of the following for the proposed budget, for the budget in effect and for the budget of the preceding year, if applicable: 1. All expenditures, by major expenditure category. 2. All revenues, by major revenue source. 3. Any financing source and use not included under subds. 1. and 2. 4. All beginning and year−end fund balances. (2) Not less than 15 days after publication of the summary of the budget and of the notices required under sub. (1) (c), the board of commissioners shall hold a public hearing at the time and place https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/2015/226 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/statutes/33.59(1) https://docs.legis.wisconsin.gov/document/statutes/281.51 https://docs.legis.wisconsin.gov/document/statutes/281.51 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/2015/226 https://docs.legis.wisconsin.gov/document/statutes/ch.%20985 https://docs.legis.wisconsin.gov/document/statutes/33.60(1)(c) https://docs.legis.wisconsin.gov/document/statutes/33.60(1)(d)1. https://docs.legis.wisconsin.gov/document/statutes/33.60(1)(d)2. https://docs.legis.wisconsin.gov/document/statutes/33.60(1)(c) PUBLIC INLAND WATERS 33.6015 Updated 17−18 Wis. Stats. Updated 2017−18 Wis. Stats. Published and certified under s. 35.18. July 1, 2019. 2017−18 Wisconsin Statutes updated through 2019 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2019. Published and certified under s. 35.18. Changes effective after July 1, 2019, are designated by NOTES. (Published 7−1−19) specified in the notice. At the hearing, any resident or taxpayer of a river county shall have the opportunity to be heard on the pro posed budget. The budget hearing may be adjourned from time to time. At the hearing, the board of commissioners may adopt changes to the budget. (3) After the public hearing, the board of commissioners shall submit the proposed budget to Racine County, Waukesha County, and Kenosha County for incorporation into each river county’s budget to be subject to any review procedures that apply to a county budget under ss. 59.60 and 65.90. History: 1997 a. 27, 252; 2015 a. 226. https://docs.legis.wisconsin.gov/document/statutes/59.60 https://docs.legis.wisconsin.gov/document/statutes/65.90 https://docs.legis.wisconsin.gov/document/acts/1997/27 https://docs.legis.wisconsin.gov/document/acts/1997/252 https://docs.legis.wisconsin.gov/document/acts/2015/226