281.31 Navigable waters protection law.

546 words·~2 min read·/wi/chapter-281/281-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)To aid in the fulfillment of the state’s role as trustee of its navigable waters and to promote public health, safety, convenience and general welfare, it is declared to be in the public interest to make studies, establish policies, make plans and authorize municipal shoreland zoning regulations for the efficient use, conservation, development and protection of this state’s water resources. The regulations shall relate to lands under, abutting or lying close to navigable waters. The purposes of the regulations shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses and reserve shore cover and natural beauty.

(2)In this section, unless the context clearly requires otherwise:

(c)“Municipality” or “municipal” means a county, village or city.

(d)“Navigable water” or “navigable waters” means Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.

(e)“Regulation” means ordinances enacted under ss. 59.692 , 61.351 , 61.353 , 62.23

(7), 62.231 , and 62.233 and refers to subdivision and zoning regulations which include control of uses of lands under, abutting, or lying close to navigable waters for the purposes specified in sub.

(1), pursuant to any of the zoning and subdivision control powers delegated by law to cities, villages, and counties.

(f)“Shorelands” means the lands specified under par.

(e)and s. 59.692

(b).

(g)“Water resources,” where the term is used in reference to studies, plans, collection of publications on water and inquiries about water, means all water whether in the air, on the earth’s surface or under the earth’s surface. “Water resources” as used in connection with the regulatory functions under this section means navigable waters.

(2m)Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692 , a construction site erosion control and storm water management zoning ordinance authorized under s. 59.693 , 60.627 , 61.354 , or 62.234 , or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to any of the following:

(a)Lands adjacent to farm drainage ditches if all of the following apply:

1. The lands are not adjacent to a natural navigable stream or river.

2. Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching.

(bg)Lands adjacent to artificially constructed drainage ditches, ponds, or storm water retention basins that are not hydrologically connected to a natural navigable water body.

(c)Lands adjacent to an impoundment described under s. 30.10

(b)that does not discharge directly into a natural navigable waterway.

(a)The department shall coordinate the activities of the several state agencies in managing and regulating water resources.

(b)The department shall make studies, establish policies and make plans for the efficient use, conservation, development and protection of the state’s water resources and:

1. On the basis of these studies and plans make recommendations to existing state agencies relative to their water resource activities.