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2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.64 - Patrol boats.

30.64
Patrol boats.
(1)
The operator of a patrol boat, including a commission warden, as defined in s. 939.22 (5), when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, need not comply with this subchapter or ordinances under s. 30.77 when a siren or emergency light is activated or, if the patrol boat is equipped with a siren and an emergency light, when both the siren and emergency light are activated, and if due regard is given to the safety of other persons in the vicinity. If an emergency light is used, it shall be of a type and design specified under 33 CFR 88.11 or 88.12.
(2)
Upon the approach of a patrol boat, including a patrol boat operated by a commission warden, as defined in s. 939.22 (5), giving an audio or visual signal, the operator of a boat shall reduce the boat speed to slow-no-wake and yield the right-of-way to the patrol boat until it has passed.
(3)
No person operating a boat may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).
History:  1979 c. 275; 1993 a. 167; 2005 a. 308; 2007 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.65 - Traffic rules.

30.65
Traffic rules.
(1)
Meeting; overtaking; right-of-way. Every person operating a boat shall comply with the following traffic rules, except when deviation therefrom is necessary to comply with federal pilot rules while operating on the navigable waters of the United States:
(a)
When 2 motorboats are approaching each other “head and head," or so nearly so as to involve risk of collision, each boat shall bear to the right and pass the other boat on its left side.
(b)
When 2 motorboats are approaching each other obliquely or at right angles, the boat which has the other on her right shall yield the right-of-way to the other. “Right" means from dead ahead, clockwise to 2 points abaft the starboard beam.
(d)
When a motorboat and a boat propelled entirely by sail or muscular power are proceeding in such a direction as to involve risk of collision, the motorboat shall yield the right-of-way to the other boat.
(e)
A boat may overtake and pass another boat on either side if it can be done with safety but the boat doing the overtaking shall yield the right-of-way to the boat being overtaken, notwithstanding any other rule in this section to the contrary.
(f)
A boat granted the right-of-way by this section shall maintain her course and speed, unless to do so would probably result in a collision.
(2)
Additional traffic rules. The department may promulgate such additional traffic rules as it deems necessary in the interest of public safety. Such rules shall conform as nearly as possible to the federal pilot rules.
History:  1985 a. 332 s. 251 (1); 1993 a. 490.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.66 - Speed restrictions.

30.66
Speed restrictions.
(1)
Speed to be reasonable and prudent. No person shall operate a motorboat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any object lawfully in or on the water or with any person, boat or other conveyance in or on the water in compliance with legal requirements and exercising due care.
(2)
Fixed limits. In addition to complying with sub. (1), no person may operate a motorboat at a speed in excess of the posted notice as established by regulatory markers.
(3)
Prohibited operation.
(a)
No person may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed restricted area on any lake at a speed in excess of slow-no-wake.
(ag)
1.
Except as provided in subd. 2., no person may operate a motorboat, other than a personal watercraft, at a speed in excess of slow-no-wake within 100 feet of the shoreline of any lake.
2.
In its ordinances enacted under s. 30.77, a city, village, town, public inland lake protection and rehabilitation district, or a town sanitary district may provide an exemption from the prohibition in subd. 1. or may substitute a lesser number of feet.
3.
This paragraph does not affect any of the following:
a.
The authority of a local governmental unit specified in subd. 2. to enact more restrictive ordinances under s. 30.77.
b.
The authority of the Dane County board to enact more restrictive ordinances under s. 33.455 (3).
(ar)
No person may operate a personal watercraft at a speed in excess of slow-no-wake within 200 feet of the shoreline of any lake.
(b)
No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat.
(c)
Paragraphs (a) to (b) do not apply to pickup or drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to persons and motorboats engaged in water skiing or similar activity.
History:  1973 c. 302; 1981 c. 303; 1991 a. 257; 1997 a. 198; 2009 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.675 - Distress signal flag.

30.675
Distress signal flag.
The display on a boat or by a person of an orange flag approximately 18 by 30 inches in size shall indicate that such boat or person is in need of help.
(1)
Insofar as is possible without serious danger to the operator's boat or persons on board, the operator of a boat observing a distress signal shall render to the boat or person displaying the signal such assistance as may be practicable and necessary to save the boat or person or to minimize any danger to them.
(2)
No person shall display a flag like that described in sub. (1) unless such person is in need of assistance to prevent bodily injury or destruction of property.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.682 - Preliminary breath screening test.

30.682
Preliminary breath screening test.
(1)
Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated boating law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
(2)
Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated boating law or for the purpose of deciding whether or not to request a chemical test under s. 30.684. Following the preliminary breath screening test, chemical tests may be required of the person under s. 30.684.
(3)
Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under s. 30.684.
(4)
Refusal. There is no penalty for a violation of sub. (1). Section 30.80 (1) and the general penalty provision under s. 939.61 do not apply to that violation.
History:  1985 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.683 - Implied consent.

30.683
Implied consent.
Any person who engages in the operation of a motorboat upon the waters of this state is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under s. 30.684. Any person who engages in the operation of a motorboat upon the waters of this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under s. 30.684.
History:  1985 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.686 - Report arrest to department.

30.686
Report arrest to department.
If a law enforcement officer arrests a person for a violation of the intoxicated boating law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
History:  1985 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.687 - Officer's action after arrest for violating intoxicated boating law.

30.687
Officer's action after arrest for violating intoxicated boating law.
A person arrested for a violation of the intoxicating boating law, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 30.684 (1) (a) shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
History:  1985 a. 331; 1995 a. 436.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.70 - Skin diving.

30.70
Skin diving.
No person may engage in underwater diving or swimming with the use of swimming fins or skin diving in waters other than marked swimming areas or within 150 feet of shoreline, and no person may engage in underwater diving or swimming with the use of self-contained underwater breathing apparatus in waters other than marked swimming areas, unless the location of such diving or swimming is distinctly marked by diver's flag, not less than 12 inches high and 15 inches long, displaying one diagonal white stripe 3 inches wide on a red background, and of height above the water so as to be clearly apparent at a distance of 100 yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone engaging in such diving or swimming shall not rise to the surface outside of a radius of 50 feet from such flag. No person engaged in such diving or swimming shall interfere with the operation of anyone fishing nor engage in such diving or swimming in established traffic lanes; nor shall any such person alone or with another, intentionally or unintentionally, block or obstruct any boat in any manner from proceeding to its destination where a reasonable alternative is unavailable. A reasonable alternative route is available when the otherwise unobstructed boat can proceed to its destination without reducing its lawful speed, by passing to the right or to the left of a marked diving operation.
History:  1973 c. 302.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.71 - Disposal of waste from boats equipped with toilets.

30.71
Disposal of waste from boats equipped with toilets.
(1)
In this section, “outlying waters" has the meaning given in s. 29.001 (63).
(2)
No person may, while maintaining or operating any boat equipped with toilets on the waters of this state, dispose of any toilet wastes in any manner into the water.
(3)
No person may operate for compensation or reward an establishment that has the capacity of providing berths or moorings to 5 or more boats that are equipped with toilets and that is located on an outlying water of this state unless the establishment provides adequate fixed onshore disposal facilities for disposal of toilet wastes from the boats for which the establishment provides berths or moorings. If the establishment is unable to provide fixed onshore disposal facilities due to problems of accessibility to the boats, the establishment shall provide adequate portable disposal facilities for these toilet wastes.
(4)
Any rules necessary to carry out the purposes of this section shall be promulgated jointly by the department of safety and professional services and the department of natural resources.
History:  1977 c. 395; 1979 c. 221; 1983 a. 27 s. 2202 (38); 1985 a. 332 s. 251 (1); 1995 a. 27 ss. 1691, 9116 (5); 1997 a. 248, 330; 1999 a. 32; 2011 a. 32.
The Mississippi River is an inland water of Wisconsin. The boat toilet law may be enforced on the entire width of the river bordering Minnesota and up to the center of the main channel bordering Iowa. 61 Atty. Gen. 167.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.72 - Watercraft use rules, Lower St. Croix River.

30.72
Watercraft use rules, Lower St. Croix River.
(1)
Water surface use rules.
(a)
The department shall promulgate rules to govern the operation of boats on the Lower St. Croix River. The rules may restrict any or all of the following:
1.
The type of boats which may be used on the waters affected by the rules;
2.
The areas of water which may be used by boats;
3.
Speed of boats; or
4.
The hours during which boating is permitted.
(b)
In promulgating the rules required under par. (a), the department shall consider the physical characteristics of the waters affected, their historical uses, shoreland uses and classification, the classification of river segments under the Lower St. Croix national scenic riverway master plan, and any other features unique to the Lower St. Croix River, as well as the views of appropriate officials of counties, cities, villages and towns lying within the affected area, and of appropriate officials of agencies of the federal government and the state of Minnesota which have jurisdiction over the waters of the Lower St. Croix River.
(2)
Concurrent regulations required. Rules promulgated under this section are effective upon adoption of laws, rules or regulations providing for similar limitations or prohibitions on the operation and use of boats on the same segments of the Lower St. Croix River by the state of Minnesota or its agencies. In exercising the authority granted by this section, the department may enter into necessary agreements with the federal government and its agencies, or with the state of Minnesota and its agencies under s. 66.0303.
(3)
Enforcement. In addition to the enforcement powers granted to the department under s. 30.74 (3), the rules promulgated under this section may be enforceable by officers of water safety patrol units having jurisdiction on waters of the Lower St. Croix River under s. 30.79 (3). All officers so empowered by this section may exercise reciprocal powers which may be conferred upon them by the state of Minnesota or its agencies or political subdivisions relating to enforcement of regulations governing the use or operation of boats on the Lower St. Croix River.
History:  1975 c. 208; 1985 a. 332 s. 251 (7); 1989 a. 159; 1999 a. 150 s. 672.
NOTE:  Chapter 208, laws of 1975, which created this section, contains a statement of legislative purpose in section 1. See the 1975 session law volume.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.73 - Use regulations, Brule River.

30.73
Use regulations, Brule River.
(1)
Prohibited uses. No person may operate, occupy or use any motorboat or any pneumatic inner tube, inflatable raft or similar device on the Brule River or any of its stream tributaries in Douglas County. This subsection does not prohibit a person from operating, occupying or using a noninflatable nonmotorized boat, canoe or kayak.
(2)
Exceptions. Subsection (1) does not apply to:
(a)
Peace officers or rescue units engaged in emergency operations.
(b)
Agents of the department while engaged in fish management or law enforcement activities.
(c)
Persons on the Brule River within one mile of its mouth.
(3)
Enforcement; littering. The department shall enforce this section and restrictions on littering in the area of the Brule River and its stream tributaries in Douglas County.
(4)
Penalty. A person who violates this section is subject to the penalties provided under s. 30.80 (1).
History:  1981 c. 303.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.742 - Water exhibitions and races; rules.

30.742
Water exhibitions and races; rules.
For water exhibitions or races, the department may promulgate rules that provide exemptions from any of the requirements or restrictions under s. 30.61, 30.62, 30.65, 30.66, 30.678, 30.68 or 30.69.
History:  1991 a. 257; 2005 a. 356.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.745 - Limited jurisdiction for administration and enforcement of navigation aids by municipalities.

30.745
Limited jurisdiction for administration and enforcement of navigation aids by municipalities.
(1)
Definitions. As used in this section:
(a)
“Adjacent outlying waters" means the outlying waters adjacent to the boundaries of a municipality and extending outward for a distance of one-half mile.
(b)
“Municipality" means any town, village or city.
(2)
Exercise of limited jurisdiction.
(a)
Authority to enact ordinances. A municipality may enact by ordinance a navigation aids system and regulations affecting moorings, markers and buoys in adjacent outlying waters if the system and regulations are not in conflict with the uniform navigation aids system established by the department under s. 30.74 (2) or with any county ordinance.
(b)
Conflicts. Any municipal ordinance enacted under this section which conflicts with the uniform navigation aids system established by the department under s. 30.74 (2) or with any county ordinance is void.
(c)
Administration and enforcement. Except as provided under s. 62.23 (7a) (am), a municipality may exercise jurisdiction over adjacent outlying waters for the purpose of administering and enforcing an ordinance enacted under this section.
History:  1981 c. 222; 1983 a. 27 s. 2202 (38); 1997 a. 248; 2021 a. 198.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.75 - Service of process on nonresident.

30.75
Service of process on nonresident.
(1)
How served. Service of process upon a nonresident defendant in any action claiming injury to person or property arising out of the operation of a boat in this state may be either by personal service within or without this state or by registered mail as provided in sub. (2).
(2)
Service by registered mail. If service of process is to be by registered mail, the original and necessary copies of the summons shall be left with the clerk of circuit court in which the action is to be brought, together with a sum of 75 cents to cover the cost of mailing. The clerk of circuit court shall mail a copy to the defendant at the defendant's last address as known to the plaintiff or clerk of circuit court, with the return receipt signed by the addressee requested. Service of the summons is considered completed when it is mailed. The clerk of circuit court shall enter upon the court record the date when the summons is mailed and the name of the person to whom mailed.
History:  1991 a. 316; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.773 - Designated mooring areas.

30.773
Designated mooring areas.
(1)
Establishment of designated mooring areas. Subject to department approval, a municipality with jurisdiction over navigable waters may establish designated mooring areas as provided in this section.
(2)
Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that if the municipality created a board of harbor commissioners, the municipality is required to obtain the approval of that board in addition to the approval of the department.
(3)
Standards for approval. In addition to requiring compliance with standards and procedures under s. 30.11 and sub. (2), the department shall grant an approval for the establishment of a designated mooring area only if:
(a)
The designated mooring area is more than 150 feet from the ordinary high-water mark.
(b)
The establishment and operation of the mooring area does not materially obstruct navigation.
(c)
The establishment and operation of the mooring area is not detrimental to public rights or interest in the waterway.
(d)
The mooring area is not within and does not adversely affect a critical or significant fish or wildlife habitat area.
(e)
The establishment and operation of the mooring area complies with all applicable zoning requirements.
(f)
The riparian owners agree in writing to the establishment of the mooring area and the area is to be used by the riparian owners or by others with the written consent of the riparian owners.
(g)
Use of the mooring area is not unfairly restricted or used to assert exclusive privileges for use of the navigable waters.
(h)
The mooring area is marked in a manner which notifies the public of the boundaries of the mooring area and assists in navigation near the mooring area. These markers shall be consistent with the uniform aids to navigation established under s. 30.74 (2).
(4)
Permits and regulations.
(a)
Department permits under s. 30.772 (4) or department approval of municipal permits under s. 30.772 (3) (c) are not required for moorings placed within a designated mooring area.
(b)
A municipality may regulate the placement and use of moorings within designated mooring areas in the manner provided under s. 30.772 (3).
(5)
Exception. The restrictions under this section do not apply to the fleeting of barges on the Mississippi River and its tributaries.
History:  1985 a. 243.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.78 - Local regulation of seaplanes.

30.78
Local regulation of seaplanes.
(1)
City, village and town ordinances. Any city, village or town adjoining or surrounding any waters may, after public hearing, by ordinance:
(a)
Prescribe reasonable safety regulations relating to the operation on the surface of such waters of any aircraft capable of landing on water.
(b)
Prescribe the areas which may be used as a landing and take-off strip for the aircraft or prohibit the use of the waters altogether.
(c)
Provide proper and reasonable penalties for the violation of any such ordinance.
(1g)
Lake district ordinances.
(a)
A public inland lake protection and rehabilitation district, after public hearing, may enact and enforce local ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.
(b)
Ordinances authorized under par. (a) are limited to the type of ordinances authorized under sub. (1) (a) to (c).
(c)
If any town, village or city having jurisdiction on the lake rescinds the resolution authorizing the public inland lake protection and rehabilitation district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.
(1r)
Notice to department of transportation. The department of transportation shall receive timely notice of the public hearing required under subs. (1) and (1g) and shall have an opportunity to present testimony on the proposed ordinance. An ordinance under sub. (1) (b) or (1g) that regulates or restricts an area of surface waters for landing or take-off purposes shall be filed with the department of transportation.
(2)
Marking of regulated or restricted areas. Any ordinance that regulates or restricts an area of surface waters under sub. (1) or (1g) shall direct that the area be marked by standard marking devices.
(3)
Conflicting ordinances.
(a)
If a public inland lake protection and rehabilitation district enacts an ordinance under sub. (1g), the lake district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to that lake.
(b)
Any conflict in jurisdiction arising from the enactment of ordinances by 2 or more municipalities shall be resolved under s. 66.0105.
History:  1975 c. 269; 1989 a. 159; 1993 a. 167; 1999 a. 150 s. 672.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.81 - Local regulations on icebound inland waters.

30.81
Local regulations on icebound inland waters.
(1)
Town, village and city ordinances. Any town, village or city, in the interest of public health or safety, may enact ordinances that are not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland lakes, but an ordinance is not valid unless each town, village and city having jurisdiction over any portion of the lake has enacted an identical ordinance. When the identical ordinances have been enacted, the ordinance of any individual town, village or city is in effect on the entire lake.
(1m)
Lake district ordinances.
(a)
A public inland lake protection and rehabilitation district, in the interest of public health or safety, may enact and enforce ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.
(b)
An ordinance enacted under par. (a) must be consistent with this chapter and must relate to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on icebound inland lakes.
(c)
If a public inland lake protection and rehabilitation district enacts an ordinance under this subsection, the district ordinance supersedes all conflicting provisions of a town, village or city ordinance enacted under sub. (1) that are applicable to the lake.
(d)
If a town, village or city having jurisdiction on the lake rescinds the resolution authorizing the public inland lake protection and rehabilitation district to enact and enforce ordinances under this paragraph, the lake district ordinances are void.
(2)
County ordinances. Any county, in the interest of public health or safety, may enact ordinances not inconsistent with this chapter, relative to the use or operation of boats and other craft, including snowmobiles and other motor vehicles, on any of the icebound inland waters over which it has jurisdiction, except inland icebound lakes that are regulated by valid local ordinances enacted pursuant to sub. (1) or (1m).
(3)
Liability of local government. All traffic on icebound, inland waters shall be at the risk of the traveler. An ordinance by any municipality or any public inland lake protection and rehabilitation district that is enacted under this section permitting traffic on icebound inland waters shall not render the municipality or lake district enacting the ordinance liable for any accident to those engaged in permitted traffic while the ordinance is in effect.
(4)
Enforcement. A law enforcement officer of a town, village or city that is subject to an ordinance enacted under sub. (1) or (1m) has the powers of sheriff in enforcing the ordinance on any portion of the lake, whether or not that portion of the lake is within the jurisdiction of the town, village or city for other purposes.
History:  1989 a. 159; 1993 a. 167.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.90 - Public access to Lake Lions.

30.90
Public access to Lake Lions.
(1)
As long as Lake Lions in the town of Alban, Portage County, continues to be used as a recreational area for the physically handicapped, all of the following shall apply:
(a)
Neither the county or town may provide, nor shall any subdivider be required or permitted to provide, public access to Lake Lions, if the public access will in any way interfere with the use of the lake as a recreational area for the physically handicapped.
(b)
The department may stock Lake Lions with fish, any provision in ch. 29 to the contrary notwithstanding.
(2)
The town board of the town of Alban shall have jurisdiction over Lake Lions and may enact and enforce any ordinances necessary to prevent any deterioration of the waters of Lake Lions or any nuisances that would adversely affect the health or safety of the people.
History:  2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.99 - Parties to a violation.

30.99
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person:
(a)
Directly commits the violation;
(b)
Aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
History:  1975 c. 365.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.01 - Definitions.

31.01
Definitions.
Terms used in this chapter are defined as follows:
(1)
“Corporation" means a private corporation organized under the laws of this state.
(2)
“Department" means the department of natural resources.
(3)
“Grantee" means the person, firm, corporation or municipality to whom a permit is granted, and all subsequent owners of the grant.
(4)
“Municipality" means any town, village, city or county in the state.
(5)
“Navigable waters" means all waters declared navigable by ch. 30.
(6)
“Permit", unless the context otherwise requires, means legislative permission granted under s. 31.06 to construct, operate and maintain a dam in or across navigable waters, or under s. 31.08 to continue the operation and maintenance of any dam so situated which was constructed before such legislative permits were required.
History:  1983 a. 189.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.03 - Permits for the Lower Wisconsin State Riverway.

31.03
Permits for the Lower Wisconsin State Riverway.
For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15), no person obtaining a permit under this chapter may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44 or 30.445.
History:  1989 a. 31, 359.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.045 - Permits for dams that affect drained lands.

31.045
Permits for dams that affect drained lands.
(1)
For the construction, raising or enlarging of a dam that will affect the water level in a drainage district organized under ch. 88, no person who obtains a permit under this chapter may construct, raise or enlarge the dam unless the person obtains the approval of the drainage board with jurisdiction of the drainage district.
(2)
For the construction, raising or enlarging of a dam that will affect the water level in a drain, for an individual landowner, that is constructed under an order issued under s. 88.94, no person who obtains a permit under this chapter may construct, raise or enlarge the dam unless the person obtains the approval of the landowner.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.05 - Applications for permits to construct.

31.05
Applications for permits to construct.
Any person, firm, corporation or municipality desiring a permit to construct, operate and maintain a dam shall file with the department a written application therefor, setting forth:
(1)
The name of the navigable waters in or across which a dam is proposed to be constructed and a specific description of the site for the proposed dam.
(2)
The purpose or purposes for which the proposed dam is to be constructed, operated and maintained.
(3)
In case the application is for a permit to construct, operate and maintain a dam for a private purpose, proof satisfactory to the department that the applicant owns or has an enforceable option to purchase the described dam site and at least 65 percent of the land to be flowed, or the flowage rights on at least 65 percent of such land. This subsection shall not apply to a person who has the power of eminent domain.
(4)
A general description of the proposed dam, of the material to be used in the construction thereof, and a general description of all booms, piers, and other protection works to be constructed in connection therewith.
(5)
The approximate amount of hydraulic power that the proposed dam is capable of developing.
(6)
The name of the city, village or town in which the site of the proposed dam will be located and the name of the nearest existing dam above and below the site of the proposed dam.
(7)
A map on the scale of not less than one inch per 1,000 feet showing the lands that may be affected by the construction, operation or maintenance of the proposed dam, or by any flowage that may be caused thereby and approximately the outline of such flowage, which map shall indicate the ownership of each tract of land within the flowage.
(8)
Such additional information of any nature that may be required by the department.
History:  1975 c. 349; 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.07 - Applications for permits to operate and maintain existing dams.

31.07
Applications for permits to operate and maintain existing dams.
Any person, firm, corporation or municipality desiring a permit to operate and maintain a dam constructed in or across navigable waters without legislative permission prior to July 10, 1915, shall file with the department a written application therefor setting forth:
(1)
The name of the navigable waters in or across which such dam was constructed and a specific description of the dam site.
(2)
The year in which the construction of the dam was completed, and a detailed description of the dam and equipment, including the maximum height or head of water that may be maintained thereby and the kind and character of material of which the dam is constructed.
(3)
The purpose for which the dam was theretofore operated and is operated at the time application hereunder is made, and the purpose for which it is proposed to operate and maintain the dam.
(4)
The approximate amount of hydraulic power developed thereby.
(5)
The name of the city, village or town in which the dam site is located and the name of the nearest existing dam above and below the dam site.
(6)
Such additional information of any nature whatsoever as may be required by the department.
History:  1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.08 - Hearing.

31.08
Hearing.
Upon receipt of an application under s. 31.07 procedure shall be had substantially as required by s. 31.06, and if the department finds that such operation and maintenance does not materially obstruct existing navigation or violate other public rights and will not endanger life, health or property, a permit is hereby granted to the applicant, provided the department also finds that the applicant has complied with s. 31.14 (2) or (3).
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.09 - Proposals to accompany applications.

31.09
Proposals to accompany applications.
Each applicant for a permit to construct, operate and maintain a dam for the purpose of developing power or for the purpose of aiding in the development of power by other dams through the creation of reservoirs or otherwise, and each applicant for a permit to construct, operate and maintain a dam for any other purpose whatsoever, which is capable of developing 50 theoretical horsepower or more available for 50 percent of the time throughout the year, shall file with an application for a permit, in addition to the requirements of s. 31.05 or s. 31.07, as the case may be, the following proposals:
(1)
That the department prior to the time the permit is granted shall value the dam site and all flowage rights and other property necessary for the purposes set forth in the application for the permit, whether the same or any part thereof are owned by the applicant or not.
(2)
That the department shall audit all outlays for property and for the construction of the dam, buildings, and other structures and works constructed, maintained, and operated and used and useful under the permit.
(3)
That the permit, if granted, shall be granted and accepted subject to the express condition that the state of Wisconsin, if it shall have the constitutional power, or any municipality, on not less than one year's notice, at any time after the expiration of 30 years after the permit becomes effective, may acquire all of the property of the grantee, used and useful under the permit, by paying therefor, the cost of reproduction in their then existing condition of all dams, works, buildings, or other structures or equipment, used and useful under the permit, as determined by the department, and by paying in addition thereto the value of the dam site and all flowage rights and other property as determined by the department prior to the time the permit was granted, as provided in sub. (1), plus the amounts paid out for additional flowage rights, if any, acquired after the valuation made by the department as provided in sub. (1); and that the applicant waives all right to any further compensation.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.095 - Water power permits, condition precedent.

31.095
Water power permits, condition precedent.
(1)
Except where the stream to be improved forms a boundary line between this and another state, no permit shall be granted or transferred in accordance with this chapter until the applicant has filed with both the department and the public service commission, in addition to all other things required by law to be filed, an agreement setting forth:
(a)
That, in the event any electric energy generated under said permit shall be transmitted or conveyed beyond the confines of this state to be there sold, the applicant will furnish to any resident of this state or any corporation domiciled therein electric energy at reasonable rates to be determined by the commission, provided that the commission after public hearing shall find that public convenience and necessity require such service.
(b)
That the rate as determined by the commission shall in no event exceed the rate charged by applicant for similar service supplied under like conditions for the energy so transmitted outside the state.
(2)
The commission may hold hearings, fix rates and do all things necessary and convenient to carry out the purposes of sub. (1).
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.10 - Permit not to be valued.

31.10
Permit not to be valued.
Each and every permit is granted, and shall be conclusively deemed to be accepted, subject to the condition that no element of value whatever shall ever attach to or be allowed for such permit in and of itself in the sale or acquisition of the property used and useful under such permit or otherwise.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.11 - Certificate of terms and forfeiture of permits.

31.11
Certificate of terms and forfeiture of permits.
The department shall issue to every grantee of a permit a certificate evidencing a grant of the permit allowed by law. Every permit, and every franchise heretofore granted by the legislature, to construct, maintain and operate a dam shall become null and void, unless the dam thereby authorized be completed within 5 years from the time when the permit or the franchise was granted; but the department, for good cause, may extend such time for a period not exceeding 2 years.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.13 - Raising or enlarging existing dams.

31.13
Raising or enlarging existing dams.
(1)
If the owner of any existing dam wishes to raise or enlarge the same, the owner may apply to the department for permission so to do, but the permission granted under this section shall be in amendment of any existing franchise, license, or permit previously granted authorizing the construction or maintenance of such dam only to the extent of giving the right so to raise or enlarge such dam, and shall in no way enlarge, alter, abridge or nullify property rights, privileges or obligations as to such dam, or the maintenance or operation thereof theretofore acquired or incurred. In addition to the requirements of s. 31.05 (1), (6) and (7), the owner's application shall state:
(a)
The year in which the dam was completed.
(b)
If constructed by legislative permission, a statement of the act of the legislature authorizing the same.
(c)
A detailed description of the dam, including the maximum height or head of water that may be maintained thereby and the kind and character of material of which the same is constructed.
(d)
The purpose for which such dam has been and is now used and the purpose for which it is proposed to use the same.
(e)
The approximate amount of hydraulic power developed thereby.
(f)
Such additional information of any nature whatsoever as the department may require.
(2)
Upon receipt of an application under this section procedure shall be had substantially as required by s. 31.06; and if the department finds that the dam, raised or enlarged or rebuilt, or rebuilt, enlarged and raised in accordance with the application, will not materially obstruct existing navigation or violate other public rights, and will not endanger life, health or property, and that the applicant has complied with s. 31.14 (2) or (3), permission is hereby granted to raise or enlarge or rebuild, or rebuild, enlarge and raise the same in accordance with the application.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.18 - Obligations of owners of bridges and dams.

31.18
Obligations of owners of bridges and dams.
(1)
The grantee of any permit, the owner of any dam constructed before permits were required by law, and the owner of any bridge at the city of Portage or at any point above that city, over the Wisconsin River, shall maintain and operate all such dams, slides, chutes, piers, booms, guide booms, weirs, tunnels, races, flumes, sluices, pits, fishways, locks, boat hoists, marine railways and all other equipment required by the department for the protection of public rights in such waters, and for the preservation of life, health and property, in good repair and condition, and shall not willfully, or otherwise, injure, remove or destroy the same, or any part thereof, unless the department shall have approved such removal or destruction in writing. In the event of emergency the department shall have power, pending investigation and hearing, to order the repair of any dam without notice and hearing.
(2)
The owner of any such dam shall open such slide or chute for the passage of any craft or material lawfully navigating the stream, whenever requested so to do by the person in charge of such navigation, without charge or toll therefor. But such owner shall be under no obligation to otherwise aid passage through the slide or chute.
(3)
Except when emergency shall require the same for the protection of life, health or property, no substantial alteration or addition shall be made to any dam heretofore or hereafter constructed without obtaining an order therefor from the department, which order may be issued only after an investigation and upon a finding that the proposed alterations or additions will not impair the sufficiency of such dam or any existing public rights in such waters.
(4)
The department shall in the interest of public rights in navigable waters, or to promote safety and protect life, health and property, require the grantee of any permit, under this chapter, or of any permit or authorization heretofore provided for by legislative enactment, prior to flowing any lands by the construction of a dam thereunder, to remove from such lands all or any portion of the standing and fallen timber and all or any portion of the brush. Provided that in cases where the application for permit proposes construction of a dam for water reservoir or water storage purposes, and not for the purpose of operating a hydroelectric generating plant, the nature, extent and time for such removal shall be determined prior to the granting of a permit, except that subsequent to the granting of a permit the department may make such modification in the removal requirements as may be in the public interest and which will not materially alter the economics of the project; and in making such original determination or any modification thereof the economic need for the project shall be considered.
2023 Wisconsin Statutes & Annotations › Chapter 31 - Regulation of dams and bridges affecting navigable waters. › 31.185 - Permits to abandon dams.

31.185
Permits to abandon dams.
(1)
No owner of any dam may abandon or remove or alter the dam without first obtaining a permit from the department. No person may transfer ownership of a dam or the ownership of the specific piece of land on which a dam is physically located without first obtaining a permit from the department.
(2)
An application for a permit to abandon, remove or alter a dam or an application for a permit to transfer ownership of a dam or the ownership of a specific piece of land on which a dam is physically located shall be made to the department upon forms prescribed by it and shall contain the owner's name and address, a brief description of the dam and its location and other information as the department requires for the purpose of enabling it to act on the application.
(3)
Section 31.06 governs procedure upon all applications hereunder.
(4)
Prior to the hearing the department shall have its staff make its own investigation of the dam and, on the basis of such investigation, shall make recommendations as to the type of requirements, if any, which it would impose on the applicant under sub. (5) as a condition to granting the permit. Such recommendations shall be presented at the hearing. If no one registers opposition to the application at the hearing, the department shall grant the permit, subject to such conditions as it deems necessary under sub. (5). If someone registers opposition to the abandonment at the hearing and such opposition is not withdrawn, the department shall defer action on the application for a period of 120 days after the hearing. Within a reasonable time after the expiration of such period, the department shall deny the permit, or grant the permit, subject to such conditions as it imposes under sub. (5), unless, within such 120-day period, one or more municipalities or other persons or associations have agreed to acquire ownership of the dam and have furnished satisfactory proof of intent to comply with s. 31.14 (2) or (3).
(5)
As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health, property, property values, and economic values.
History:  1973 c. 90; 1981 c. 246; 2015 a. 387.
Sub. (5) is not directed to the removal of a dam by the DNR. It creates a different procedure for a private party who seeks to remove a dam. Froebel v. DNR, 217 Wis. 2d 652, 579 N.W.2d 774 (Ct. App. 1998), 97-0844.