reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.27 - Records to be kept by condemnor.

32.27
Records to be kept by condemnor.
(1)
Contents of records. The condemnor shall maintain records for each project requiring a relocation payment plan. The records shall contain such information as are necessary to carry out ss. 32.19 and 32.25 to 32.27. The records shall be preserved by the condemnor for a period of not less than 3 years after conclusion of the project to which the records pertain.
(2)
Costs of relocation payments and services; sharing formula.
(a)
The costs of relocation payments and services shall be computed and paid by the condemnor and included as part of the total project cost.
(b)
If there is a project cost-sharing agreement between the condemnor and another unit or level of government, the costs of relocation payments and services shall be shared in the same proportion as other project costs unless otherwise provided. This direct proportion formula may be changed to take advantage of federal relocation subsidies. It is intended that the payments and services described by ss. 32.19 to 32.27 are required for any project whether or not it is subject to federal regulation under P.L. 91-646; 84 Stat. 1894. The intent of this paragraph is to assure that condemnors take maximum advantage of federal payment or assistance for relocation, and to ensure that in no event will any displaced person receive a combined payment in excess of payments authorized or required by s. 32.19 or by federal law.
History:  1971 c. 103; 1977 c. 418; 1991 a. 189.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.29 - False statements prohibited.

32.29
False statements prohibited.
Any officer, agent, or employee of a governmental body or business entity granted condemnation power under s. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation benefits under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the information required under s. 32.26 (6) shall be fined not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both.
History:  1977 c. 158; 1983 a. 27 s. 879; Stats. 1983 s. 32.29; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.50 - Definitions.

32.50
Definitions.
In this subchapter:
(1)
“Benefit district" means the area benefiting from and assessed for an improvement under this subchapter.
(2)
“Board" means the board of assessment.
(3)
“City" means any 1st class city.
(4)
“Common council" means the common council of the city.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.51 - Exercise of eminent domain.

32.51
Exercise of eminent domain.
(1)
Purposes. In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, any city may condemn or otherwise acquire property under this subchapter for:
(a)
Any purpose stated in article XI, section 3a, of the constitution.
(b)
Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, water systems and water mains.
(c)
Constructing and maintaining sewers.
(d)
Slum elimination.
(e)
Low-income housing.
(f)
Blighted area redevelopment.
(g)
Any other municipal purposes.
(2)
Levying assessments. Any city may levy assessments on property benefited to finance improvements under this subchapter.
History:  1983 a. 236, 538; 1995 a. 378; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.52 - Board of assessment.

32.52
Board of assessment.
(1)
Creation. There is created a board, to which the mayor shall appoint 5 members with the appointments confirmed by the common council. If the common council rejects any appointment, the mayor shall submit a new appointment within 30 days.
(2)
Terms. The terms of the first 5 members of the board are staggered at 1, 2, 3, 4 and 5 years, each term commencing on January 1 of the year of the appointment. Subsequent appointments occur annually in December to succeed the member whose term expires the following January 1. The term of each subsequent appointment is 5 years, commencing on January 1 following the appointment.
(3)
Qualifications of members. One member shall have a general understanding of real estate values in the city and shall be a real estate broker licensed under s. 452.12 with at least 5 years' experience. One member shall be a civil engineer and have a general understanding of building and construction costs. Three members shall own real property in the city. All members shall be residents and electors of the city.
(4)
Organization. The board shall elect a chairperson to preside over all meetings of the board. The common council shall determine the compensation of each board member and of permanent employees of the board and may increase the compensation provided to full-time board members. The board shall determine the compensation of temporary employees. Permanent or temporary technical advisers and experts of the board are not classified under s. 63.23, but all other clerks and employees of the board are classified under s. 63.23.
(5)
Budget process. The board shall annually prepare a budget for its operation on or before September 1. The common council may levy an annual tax to support the board's operations. If the common council appropriates funds to the board, the board may draw from the funds only upon written order signed by a board member and the city comptroller.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.53 - Resolution of necessity.

32.53
Resolution of necessity.
If the common council proposes any public improvement involving the acquisition of private property or the use of public property, it shall pass a resolution by a three-fourths vote of the entire membership of the common council declaring the need to acquire or use certain property for a specified purpose. The common council shall state in its resolution the general nature of the proposed improvement and require the board to submit a report and tentative plan of the proposed improvement to the common council for its approval. The board may require the city engineer to submit to the board a detailed map and description of the property necessary for the proposed improvement plus adjacent property and other surveys, maps, descriptions of property or estimates of cost the board needs to prepare the report and tentative plan.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.54 - Report and tentative plan of improvement.

32.54
Report and tentative plan of improvement.
(1)
Contents. The board shall submit to the common council a report and tentative plan of improvement following passage of a resolution under s. 32.53. The report and tentative plan shall include the following:
(a)
An estimate of the total cost of the improvement.
(b)
A map and description of all property to be taken or used or that may be benefited. The board shall indicate on the map the extent and boundary of the benefit district and a maximum and minimum benefit assessment rate for any representative parcel of property within the benefit district to indicate the estimated amount of the benefits that may be assessed.
(2)
Cost estimate. The board shall include the value of any city property and the cost of any previously completed improvement it incorporates into the report and tentative plan as part of the estimate of the cost of the improvement. The cost of grading, paving or repaving or laying out or improving any curbs, gutters or sidewalks for which benefits have been legally assessed prior to the adoption of the plan of improvement may not be included in the estimate, the determination of benefits or the cost of the proposed improvement.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.55 - Hearing on the report and tentative plan of improvement.

32.55
Hearing on the report and tentative plan of improvement.
(1)
Notice. Upon receiving the report and tentative plan of improvement the common council shall refer the report to a council committee for a public hearing to discuss the tentative plan, the relative costs and benefits and the necessity of the proposed improvement. At least 10 days before the public hearing, the common council shall send notice of the hearing to the last-known mailing address of any owner of property that may be damaged or benefited by the proposed improvement.
(2)
Approval, revision, abandonment.
(a)
After the hearing the common council shall:
1.
Approve the report and tentative plan, if it determines that taking the property mentioned in the plan is necessary, and commence implementation of the plan; or
2.
Remand the report and tentative plan to the board for reconsideration and revision.
(b)
If the common council remands the report and tentative plan, the board shall reconsider the report and tentative plan and submit a revised report and tentative plan to the common council. The common council shall refer the revised report and tentative plan to a council committee for a public hearing as provided in sub. (1). After the hearing, the common council may approve the revised report and tentative plan or revise the report and tentative plan itself and commence implementation of the plan. Instead of approving the original or revised report and tentative plan, the common council may abandon the proposed improvement.
(c)
After approving the report and tentative plan the city may begin purchasing property to implement the plan.
(3)
Records. The city attorney shall record the common council's resolution approving the original or revised report and tentative plan with a description of the property to be condemned plus a map showing the condemned property and the benefit district in the office of the register of deeds of the county in which the property is located.
History:  1983 a. 236; 1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.56 - Altering the plan of improvement.

32.56
Altering the plan of improvement.
(1)
Procedure. The city may alter the plan of improvement after its approval under s. 32.55 (2) at any time prior to the confirmation of the assessment of benefits and damages. The board shall submit to the common council the proposed alteration of the plan plus an amended estimate of the cost and the benefits and an amended map of the proposed improvement. The common council shall approve the alteration by resolution before the alteration is effective. If the city alters the plan while benefits and damages are being assessed under s. 32.57, the board shall reassess benefits and damages based on the altered plan.
(2)
Recording the alteration. The city attorney shall record the common council's resolution approving the alteration under sub. (1) plus a description of the alteration in the office of the register of deeds of the county in which the property is located.
History:  1983 a. 236; 1993 a. 301.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.63 - Completing certain improvements.

32.63
Completing certain improvements.
(1)
Application. This section applies to any plan of improvement that includes the acquisition of property either for the purpose of laying out or improving an alley or street, as defined in s. 340.01 (2) and (64), or for the purpose of establishing any park or memorial ground and that includes any of the following improvements:
(a)
Creating or improving gutters, curbs or sidewalks of the alley or street.
(b)
Improving any park or memorial ground.
(c)
Erecting any bridge or viaduct.
(2)
Performance. After approving the plan of improvement under s. 32.55, the city may complete the improvement without submitting further estimates of the cost of the improvement to the common council. The common council may not revise its assessment of benefits or damages for the improvement.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.66 - Bonding.

32.66
Bonding.
The common council may, by resolution, authorize the issuance of general special improvement bonds or particular special improvement bonds to finance an improvement. The common council may register the bonds as to principal under s. 67.09 and may call the bonds on terms it prescribes.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.68 - Tax delinquent fund.

32.68
Tax delinquent fund.
The city may create a tax delinquent fund to cover delinquent payment of assessments. The common council may authorize payment of deficiencies in the collection of assessments to pay the amount due on bonds issued under s. 32.67.
History:  1983 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.69 - Alternative financing by general obligation bonds, taxation or anticipation notes.

32.69
Alternative financing by general obligation bonds, taxation or anticipation notes.
(1)
Funding. The city may finance any improvement under this subchapter by issuing general obligation bonds, levying a tax or by borrowing on anticipation notes. The city may collect assessments on property that finances bonds under s. 32.67 and apply the assessments to pay the principal and interest of general obligation bonds, or to reduce general taxes if the city levies a tax to finance an improvement. If the city issues no bonds under s. 32.67, the city shall apply all assessments collected to pay the principal and interest of general obligation bonds or to reduce taxes if the city levies a tax to finance an improvement.
(2)
General obligation bonding. The common council may adopt an initial resolution to issue general obligation bonds to pay the cost of laying out or improving any alley or street, as defined in s. 340.01 (2) and (64), without submitting the initial resolution to the electors of the city unless a number of electors equal to or greater than 10 percent of the votes cast for governor in the city at the last general election file a petition conforming to the requirements of s. 8.40 with the city clerk requesting submission. The city shall conduct any referendum for approval of the initial resolution as provided in s. 67.05 (5).
(3)
Anticipation notes. The common council may authorize borrowing on notes signed by the mayor and city comptroller in anticipation of the incoming assessments to pay the cost of any improvement authorized under this subchapter. The city shall pay the notes out of the assessments received in the year of issuance. The city shall pay the notes not later than April 1 following the date of issuance. The city may pay any deficit due to delinquencies in the collection of assessments out of the tax delinquent fund under s. 32.68.
History:  1983 a. 236; 1989 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.70 - Statute of limitations.

32.70
Statute of limitations.
Unless the action commences within one year after January 1 following the date the assessment of benefits is placed on the tax roll under s. 32.58 (2), no person may contest the sale of property or issuance of any tax certificate for nonpayment of an assessment. Commencing an action is subject to s. 32.61 and does not prevent the issuance or payment of any bonds issued under s. 32.67 or 32.69.
History:  1983 a. 236; 1987 a. 378.
2023 Wisconsin Statutes & Annotations › Chapter 32 - Eminent domain. › 32.72 - Approval by the electorate.

32.72
Approval by the electorate.
(1)
Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election and adopted by a majority vote of the electors voting: “Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?". The question shall be filed as provided in s. 8.37.
(2)
Notwithstanding sub. (1), this subchapter is effective in any city that has used chapter 275, laws of 1931, to acquire and condemn property before April 27, 1984.
History:  1983 a. 236; 1983 a. 538 ss. 39, 264; 1999 a. 182.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.001 - Findings and declaration of intent.

33.001
Findings and declaration of intent.
(1)
The legislature finds environmental values, wildlife, public rights in navigable waters, and the public welfare are threatened by the deterioration of public lakes; that the protection and rehabilitation of the public inland lakes of this state are in the best interest of the citizens of this state; that the public health and welfare will be benefited 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 program of lake protection and rehabilitation to fulfill the positive duty of the state as trustee of navigable waters, and protect environmental 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 necessary and desirable and that the districts should be formed by persons 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 financial aids to support protection and rehabilitation projects with benefits to all state citizens.
History:  1973 c. 301; 1985 a. 332; 1989 a. 159, 324, 359; 1995 a. 349; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.02 - Department; powers and duties.

33.02
Department; powers and duties.
(1)
Rules.
(a)
Generally. The department shall promulgate rules necessary to administer this chapter.
(b)
Financial aids. These rules shall provide for the administration of financial aids to districts and shall prescribe data to be secured, methods of analysis and evaluation, duration of data gathering and other technical regulations for the efficient administration of the program and efficient intergovernmental organization.
(c)
Priorities for funding levels. These rules shall establish priorities for different methods utilized in implementing lake protection 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 established 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 implementing 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 prevent sedimentation.
(g)
Algae abatement; nutrient control. These rules shall require that an application for financial assistance for the implementation of any project involving algae or aquatic plant abatement 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 financial 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 clearinghouse 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).
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.03 - Cooperation by state agencies.

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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.11 - Goals.

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. Projects may be undertaken in cooperation with the department, the University of Wisconsin System, and other government agencies, and public and private organizations. Projects shall be divided into study, planning and implementation phases.
History:  1973 c. 301; 1975 c. 197.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.12 - Scope.

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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.13 - Feasibility study.

33.13
Feasibility study.
(1)
Feasibility study work done through government agencies and public or private organizations shall include gathering data on the lake, drainage basin, sources of pollution or nutrients or other information necessary to determine the causes of 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 evaluation, and duration of data-gathering to be used in feasibility studies.
(2)
(a)
The district may contract for feasibility study work with the lowest responsible bidder who submits a bid in the manner 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 department 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 protection 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.14 - Plan preparation and adoption.

33.14
Plan preparation and adoption.
(1)
Proposed plan. If specific lake protection and rehabilitation measures developed under s. 33.13 appear feasible and if financial assistance under s. 33.16 is sought, then the commissioners of the district shall develop a proposed plan based upon the recommendations 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 conservation 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 application 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 hearing 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 conservation committee and regional planning agency, if any; and
(e)
Such other subjects as the department by rule deems necessary 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 modification 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.15 - Implementation.

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 implementation.
(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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.17 - Unfunded application to continue.

33.17
Unfunded application to continue.
(1)
Aid applications approved but unfunded because of a lack of funds remain eligible for future funding, subject to updating as the department may require. A lack of funding under this subchapter does not preclude a district from implementing all or part of an approved plan with funding from any other source but these projects are not eligible 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.21 - Public inland lake protection and rehabilitation districts; purposes.

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 district. Kaiser v. City of Mauston, 99 Wis. 2d 345, 299 N.W.2d 259 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.23 - Municipalities may establish district.

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, “district" 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 presentation 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 commissioners. 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.24 - County board may establish district.

33.24
County board may establish district.
(1)
Notwithstanding s. 33.01 (3), in this section, “district" does not include a restructured district.
(2)
The county board of any county may establish districts within the county if the conditions stated in s. 33.26 are found to exist. 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.25 - Petition.

33.25
Petition.
(1)
Who to make.
(a)
Before a county board may establish a district under s. 33.235 or 33.24, a petition requesting establishment shall be filed with the county clerk, addressed to the board and signed by persons constituting 51 percent of the landowners or the 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 owning lands within the proposed district who are within its jurisdiction, 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;
(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 district 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 proposed 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 considered to have signed the petition under sub. (1) may withdraw from the petition if the landowner files a written notice of the withdrawal 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).
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.265 - Notice, filing and recording requirements.

33.265
Notice, filing and recording requirements.
If a district is created or its boundaries altered, the board of commissioners 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.27 - Initial district board of commissioners.

33.27
Initial district board of commissioners.
(1)
The county board shall, at the time of making the order establishing a district, appoint 3 owners of property within the district, at least one of whom is a resident of the district, to serve as commissioners until the first 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 district board of commissioners.
(2)
Within 30 days following the county board's order establishing 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.285 - Property owning requirements.

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 commissioners 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.29 - Board of commissioners; officers; powers and duties.

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 rehabilitation plans and obtaining any necessary permits therefor;
(e)
Maintaining liaison with those officials of state government involved in lake protection and rehabilitation, and providing the department with the names and addresses of the current commissioners;
(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 revenue 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 unexpended 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 special 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 hearings 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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.305 - Special meetings of district.

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 district.
(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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.31 - Power to finance.

33.31
Power to finance.
(1)
Every district may borrow money and use any other financing method prescribed by law. In utilizing financing powers, the commission shall follow the procedures required by statute for the selected financing methods so far as they are applicable and not 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 consider 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 meeting.
History:  1973 c. 301; 1975 c. 197; 1977 c. 391; 1983 a. 207; 1989 a. 159; 1993 a. 167; 2003 a. 275.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.35 - Dissolution of districts.

33.35
Dissolution of districts.
A petition to dissolve an existing district created under this chapter may not be considered at an annual meeting of the district unless an elector within the district or a property owner within the district notifies the district board of commissioners in writing at least 90 days before the annual meeting that the elector or property owner intends to petition 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 conditioned 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 dissolution proceeding where state money is involved.
History:  1973 c. 301; 1989 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.36 - Alteration of districts.

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 district is incorporated as a city or village, consolidated with a city or village or is annexed to a city or village, the district shall survive, 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 governing 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 determined according to s. 60.79 (2) (d).
History:  1975 c. 197; 1983 a. 532 s. 36; 1989 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.37 - Districts in more than one county.

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.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.41 - Definitions.

33.41
Definitions.
In this subchapter:
(1)
“Board of commissioners" means the board of commissioners of the Dane County Lakes and Watershed Commission.
(1m)
“Commission" means the Dane County Lakes and Watershed Commission created under s. 33.42.
(2)
“County" means Dane County.
(3)
“County board" means the county board of the county.
(5g)
“Municipality" means any city, village or town.
History:  1989 a. 324.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.445 - Board of commissioners; duties.

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.
(3)
The board of commissioners shall develop a public information and education program on issues related to the surface waters and groundwaters of the county.
History:  1989 a. 324; 2003 a. 33.