Section 330.03. Procedure for determining those dams requiring warning signs, portages and portage signs.

 

(1)  The department shall conduct an inspection of all dams on navigable streams with the owner of the dam or the owner's agent to determine the following:

(a) Navigation near the dam or portaging around the dam;

(b) The nature and extent of navigation hazards that exist at the dam;

(c) The need for signs and/or devices to provide warnings and information for boaters;

(d) The need for a portage around the dam for boaters;

(e) Specification of signs and devices as needed to provide warnings and information for boaters;

(f) Specification of a portage and directions, as needed for boaters to use in gaining a safe portage around the dam; and

(g) The period of time during each year during which the signs and devices must be in place.

(2)  The federal energy regulatory commission shall be notified of the time and date of the inspection for each of the dams regulated by that agency. Members of the public interested in the signing and portage requirements for specific dams shall be notified of the time and date of the inspection for such dams, if they have filed in writing with the department a request for such notification and the specific dam or dams in which they are interested.

(3)  After the inspections, the department shall issue an order with completion date to the owner of the dam specifying:

(a) Warning signs and devices required at the dam; and

(b) Portage requirements and signs at the dam.

(4)  As soon as practicable after the completion date set forth in the order, the department shall conduct a follow-up inspection to determine compliance with the order. If the order has been satisfied, the department shall confirm this fact in writing to the owner of the dam. Failure of the dam owner to comply with the order shall be grounds for an appropriate enforcement action.

(5)  Decisions made under this section and s. NR 330.06 may be reviewed pursuant to the provisions of ch. 227 , Stats.

History: Cr. Register, November, 1979, No. 287 , eff. 12-1-79.