Section 30.92. Recreational boating projects.

 

(1)   Definitions. In this section:

(a) “Commission" means the Wisconsin waterways commission established under s. 15.345 (1) .

(b) “Governmental unit" means the department, a municipality, a lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33 , the Lower Wisconsin State Riverway board, or any other local governmental unit, as defined in s. 66.0131 (1) (a) , that is established for the purpose of lake management.

(bg) “Great Lakes" means Lake Superior and Lake Michigan and includes Chequamegon Bay and Green Bay.

(bk) “Inland lake" means an inland water that is a lake.

(bn) “Inland water" has the meaning given in s. 29.001 (45) .

(br) “Qualified lake association" means an association that meets the qualifications under s. 281.68 (3m) (a) .

(c) “Recreational boating facilities" means places where the public has access to the water by means of breakwaters and other similar physical structures, either naturally or artificially constructed, that provide safety and convenience for operators of recreational boats. “Recreational boating facilities" includes harbors of refuge, public accesses, launching ramps and locks and facilities that provide access between waterways for operators of recreational boats.

(2)   Studies.

(a) The commission may cause to be conducted appropriate studies, including feasibility studies, and inventories to aid in assessing the need for recreational boating projects.

(b) Feasibility studies shall be used to determine whether the construction of recreational boating facilities is feasible from environmental, economic and engineering viewpoints. The commission may conduct feasibility studies or cooperate with other state agencies in conducting feasibility studies. Feasibility studies conducted by state agencies or private persons shall be reviewed by the commission to ensure that appropriate data have been collected and analyzed in detail to substantiate the recommendations made in the feasibility study.

(c) Feasibility studies may be conducted upon the request of the affected governmental unit or qualified lake association. Feasibility studies shall be of sufficient detail to allow affected governmental units or qualified lake associations to decide if a recreational boating facility construction project should be supported.

(d) The following factors shall be considered by the commission in assigning priorities for feasibility studies:

1. Estimated cost of the study.

2. Available funds.

3. Expression of support by the governmental unit or qualified lake association.

4. For a recreational boating facility, the distance of the site of the proposed facility from other recreational boating facilities.

5. Work previously completed.

(e) A decision by a governmental unit or a qualified lake association to support a recreational boating project feasibility study shall be made by a resolution indicating support for a more detailed inquiry into the engineering, environmental and economic feasibility of a project. Support of a recreational boating project feasibility study does not commit the affected governmental unit or qualified lake association to cost-sharing in the project.

(3)   Project priority list.

(a) Only those proposed recreational boating projects found to be feasible and supported by the affected governmental unit or qualified lake association and approved by the commission shall be placed on a priority list by the commission. The department shall maintain the list of priority projects. Annually, the department shall inform all affected governmental units, except itself, and all qualified lake associations of their positions on the priority list.

(b) The following factors shall be considered in establishing priorities for projects:

1. For a recreational boating facility, the distance of the site of the proposed facility from other recreational boating facilities.

2. Demand for safe recreational boating facilities.

3. Expression of support by the governmental unit or qualified lake association.

4. Existing recreational boating projects.

5. Projects underway.

6. Commitment of funds.

7. Location of the proposed project within the region identified in s. 25.29 (7) (a) .

(4)   Aids.

(a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and rehabilitation of capital improvements related to recreational boating facilities, for the improvement of locks and facilities which provide access between waterways and for the projects specified in par. (b) 8. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.

(b) The following standards shall apply to the state funding of all recreational boating projects:

1. To the greatest extent possible, state funds shall be used to match other funding sources. Other funding sources may include, but are not limited to, the federal land and water conservation fund, the U.S. army corps of engineers, U.S. economic development administration, general revenue sharing, gifts, grants and contributions and user fees.

2.

a. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50 percent of any construction, acquisition, rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section.

b. The department, with the approval of the commission, may increase the maximum cost-share rate under subd. 2. a. from 50 percent to 80 percent if the commission determines that the recreational boating project is a project of statewide or regional significance.

c. The department may pay, with the approval of the commission, an additional 10 percent of the costs of a construction project if the municipality conducts a boating safety enforcement and education program approved by the department.

2m. The qualified lake association or governmental unit that cost-shares under subd. 2. may make its contribution in matching funds or in-kind contributions or both.

3. No more than 10 percent of the state funds available for recreational boating aids under this section may be expended for feasibility studies in one year. No more than 1 percent of the state funds available for recreational boating aids under this section may be expended for any one feasibility study in one year.

4. No funds may be used for the purchase of land or the construction of facilities commonly used to berth boats.

6. Forty percent of the state funds available for recreational boating aids under this section shall be expended for Great Lakes projects. Forty percent of the state funds available for recreational boating aids under this section shall be expended for inland water projects. The commission may designate recreational boating aids for locks and facilities that provide access between the Great Lakes and inland waters as aids expended for inland waters, as aids expended for projects deemed necessary by the commission without regard to location or as aids under a combination of these 2 types of projects. Twenty percent of the state funds available for recreational boating aids under this section shall be expended for projects deemed necessary by the commission without regard to location.

6m. Notwithstanding subd. 6. , the department, with the approval of the commission, may reallocate for expenditure for recreational boating aids without complying with the percentages under subd. 6. any state funds that are not encumbered for expenditure for a fiscal year before the first day of the 4th quarter of that fiscal year.

7. Projects qualifying for funds available for recreational boating aids under this section include, but are not limited to, construction, rehabilitation and improvement of harbors of refuge on the Great Lakes; accommodation of motor-powered recreational watercraft; construction, rehabilitation and improvement of public access and related facilities on inland waters where motor-powered recreational watercraft are permitted; and improvement of locks and facilities that provide access between waterways for the operators of recreational watercraft.

8. In addition to those projects specified under subd. 7. , the following projects qualify for funds available for recreational boating aids under this section:

a. A project for the dredging of a channel in a waterway to the degree that is necessary to accommodate recreational watercraft.

am. A project that uses chemicals to remove Eurasian water milfoil.

b. Acquisition of capital equipment that is necessary to cut and remove aquatic plants that are detrimental to fish habitat if the acquisition is pursuant to a plan to cut and remove aquatic plants that is approved by the department.

bn. Acquisition of capital equipment that is necessary to collect and remove floating trash and debris from a waterway.

bp. Acquisition of capital equipment that is necessary to control and remove invasive aquatic plants, as defined in s. 23.24 (1) (g) , if the equipment will be used to control and remove them as authorized by an aquatic plant management permit issued under s. 23.24 (3) .

c. Acquisition of aids to navigation, as defined in s. 30.74 (2) (b) .

d. Acquisition of regulatory markers, as defined in s. 30.74 (2) (b) .

9. A governmental unit or a qualified lake association may not receive funds under subd. 8. a. for the same waterway more than once every 10 years.

10. Funds for a project under subd. 8. b. for capital equipment that will be used on the Great Lakes may only be expended from the 40 percent allocation of state funds that is available for Great Lake projects under subd. 6.

11. Not more than $75,000 in each fiscal year may be expended for projects under subd. 8. am.

(4r)   Chair Factory Dam. Of the amounts appropriated under s. 20.370 (5) (cq) , and before applying the percentages under sub. (4) (b) 6. , the department shall expend the amount that is necessary for the renovation and repair or the removal of the Chair Factory Dam in Grafton, but the amount shall not exceed $264,000. Notwithstanding sub. (1) (c) , the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this section. This project need not be placed on the priority list under sub. (3) (a) .

(4t)   Linnie Lac Dam. Of the amounts appropriated under s. 20.370 (5) (cq) and before applying the percentages under sub. (4) (b) 6. , the department shall provide to the Linnie Lac Management District the amount that is necessary for the repair, removal or reconstruction of the Linnie Lac Dam, but the amount shall not exceed $250,000. The Linnie Lac Management District need not assume ownership of the Linnie Lac Dam and, notwithstanding sub. (4) (b) 2. , the Linnie Lac Management District need not contribute any moneys to match the amount expended from the appropriation under s. 20.370 (5) (cq) . Notwithstanding sub. (1) (c) , the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this section. This project need not be placed on the priority list under sub. (3) (a) .

(5)   Rules.

(a) The commission shall recommend rules for promulgation by the department as necessary to implement this section. The commission shall recommend rules relating to the type and content of studies to be conducted, cost-sharing arrangements under sub. (4) and liaison arrangements between the state and federal agencies, other state agencies, governmental units, qualified lake associations and other persons.

(b) For purposes of sub. (4) (b) 2. b. , the department shall promulgate rules to be used to determine whether a recreational boating project is a recreational boating project of statewide or regional significance.

(6)   Cooperation and assistance.

(a) The department shall provide governmental units and qualified lake associations with technical assistance in all phases of implementing or participating in the program under this section. The department shall also coordinate the program under this section with all other related state and federal programs.

(b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination and related administrative management functions, shall be consistent with the policies of the department and the natural resources board.

1977 c. 274 ; 1979 c. 34 s. 2102 (39) (a) ; 1979 c. 154 , 221 ; 1981 c. 20 ; 1983 a. 27 ss. 870 , 2202 (38) ; 1985 a. 29 , 332 ; 1989 a. 31 , 160 ; 1991 a. 39 , 269 ; 1995 a. 8 , 27 , 349 ; 1997 a. 27 ss. 1144q , 1144r , 1144s , 1145 , 1146 , 1146d , 1146g , 1146h , 5503g ; 1997 a. 79 , 248 ; 1999 a. 9 ; 1999 a. 150 s. 672 ; 2001 a. 16 ; 2003 a. 33 ; 2005 a. 25 ; 2015 a. 55 . Cross-reference: See also ch. NR 7 , Wis. adm. code.