Section 5.09. Uniform aids to navigation.

 

(2)   Waterway markers used on the waters of this state.

(a) State aids to navigation.

1. A red buoy or sign shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main water body or when proceeding upstream.

2. A green buoy or sign shall indicate that side of a channel to be kept to the left of a vessel when entering the channel from the main water body or when proceeding upstream.

3. Buoys or signs in subds. 1. and 2. shall normally be used in pairs and only for the purpose of marking a clearly defined channel.

4. A black and white vertically striped buoy or sign shall indicate the center of a navigable waterway.

5. Aids to navigation shall be numbered or lettered for identification. Red buoys and signs marking channels shall be identified with even numbers, and green buoys and signs marking channels shall be identified with odd numbers, the numbers increasing from the main body or proceeding upstream. Buoys and signs indicating the center of a waterway shall be identified by letters of the alphabet. All numbers and letters used to identify state aids to navigation shall be preceded by the letters "WS", as indicated by the following samples: WS-1, WS-A.

6. Letters and numerals used with aids to navigation shall be white, in block characters of good proportion and spaced in a manner which will provide maximum legibility. Such letters and numerals shall be at least 3 inches in height.

7. The shapes of aids to navigation shall be compatible with the shapes established by coast guard regulations for the equivalent coast guard aids to navigation.

8. Where reflectorized materials are used, a red reflector shall be used on a red buoy, and a green reflector on a green buoy.

(b) Regulatory markers.

1. A diamond shape of international orange with white center shall indicate danger. The nature of the danger may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background.

2. A diamond shape of international orange with a cross of the same color within it against a white center without qualifying explanation shall indicate a zone from which all vessels are excluded.

3. A circle of international orange with white center will indicate a control or restriction. The nature of the control or restriction shall be indicated by words, numerals, and/or well-known abbreviations in black letters inside the circle. Additional explanations may be given above and/or below it in black letters on white background.

4. A rectangular shape of international orange with white center will indicate information, other than a danger, control or restriction, which may contribute to health, safety or well-being. The message will be presented with the rectangle in black letters.

5. Letters or numerals used with regulatory markers shall be black, in block characters of good proportion, spaced in a manner which will provide maximum legibility, and of a size which will provide the necessary degree of visibility.

(3)   Authority to place markers.

(a) No waterway marker may be placed on, in, or near the waters of the state unless such placement is authorized by a political subdivision of the state except that the provisions of this section do not apply to waterway markers placed by the department or an authorized agency of the federal government.

(b) Such political subdivision of the state shall, prior to authorizing placement, obtain the approval of the department. The political subdivision shall complete a waterway marker application form, indicating their approval or disapproval and submit the application to the department. The department shall review the application and approve or disapprove placement of the waterway markers. The department shall distribute a copy of the permit to the political subdivision, the applicant and the property owner. A copy of the permit will remain on file with the department. Mooring buoys placed within the boundaries of a state or federally approved mooring area are exempt from this section when such placement is authorized by the unit of government having jurisdiction. Approved waterway markers shall be labelled with a department assigned identification number. Waterway markers for which department approval was not obtained may be removed by the department.

(c) The political subdivisions of the state authorizing the placement of a waterway marker shall inform the department of the following:

1. Exact location of the marker, expressed in latitude and longitude, or in distance and direction from one or more fixed objects whose precise location is known.

2. The description and purpose of the marker, including its identifying number, if any, as required by sub. (2) (a)

(4)   Maintenance of waterway markers. Waterway markers shall be maintained in proper condition, or be replaced or removed, by the applicant.

(5)   Display of waterway markers.

(a) A waterway marker may be displayed as a sign on a fixed support, as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy.

(b) When a buoy is used to carry a symbol on its surface, it will be white, with a band of international orange on the top and a band of international orange above the waterline at the bottom.

(c) A buoy whose sole purpose is to carry a sign above it will be marked with 3 bands of international orange alternating with 2 bands of white, each band occupying approximately one-fifth of the total area of the buoy above the waterline, except where the sign itself carries orange bands; however nothing in these regulations will be construed to prohibit the mounting of a sign on a buoy which has been placed for a purpose other than that of carrying a sign.

(d) When symbols are placed on signs, a suitable white background may be used outside the symbol.

(6)   Specifications for waterways markers.

(a) Except for mooring, slalom, and race course buoys, the minimum size of buoys shall be 36 inches riding above the waterline with a 7-inch diameter. The size of the display area shall be as required by circumstances, except that no display area shall be smaller than one foot in height. Display symbol markers shall be shown on 2 sides of buoys.

(b) The thickness of the symbol outline shall be not less than 2 inches in width.

(c) The outside width of the diamond, the inner diameter of the circle, and the average of the inside and outside widths of a square shall be two-thirds of the display area height.

(d) The sides of the diamond shall slope at a 35 ° angle from the vertical on a plane surface. Appropriate adjustments for curvature may be made when applied to a cylindrical surface.

(e) Waterway markers shall be made of materials which will retain, despite weather and other exposures, the characteristics essential to their basic significance, such as color, shape, legibility and position. Reflectorized materials may be used.

(f) All unlighted aids to navigation shall be equipped with a reflector material of at least 2 inches all around the uppermost part.

(7)   Other waterway marking devices.

(a) Mooring buoys. In order that mooring buoys shall not be mistaken for aids to navigation or regulatory markers, they shall extend 18 inches above the waterline, be white in color with a blue band clearly visible above the waterline, and they should be spherical or ovate in shape.

(b) Race course markers including water ski and slalom markers. In order that race course, water ski and slalom buoys are not mistaken for aids to navigation or regulatory markers, they shall:

1. Extend a minimum of 4 inches above the waterline and be yellow, green, fluorescent red or fluorescent orange in color;

2. Be spherical or cylindrical in shape with a minimum diameter of 8 3/4 inches and a maximum diameter no larger than 14 inches;

3. Be made of foam, plastic or rubber designed to be used as a water marker.

(c) Placement. Applications for placement of markers such as mooring buoys placed pursuant to s. 30.772 , Stats., and water ski, race course and slalom course markers shall be processed in the same manner as waterway markers, provided all other requirements of ch. 30 , Stats. , are met. Mooring buoys, water ski, race course, and slalom course markers shall also require the written permission of the adjacent riparian land owner.

(d) Exemptions. Exemptions to the requirements of sub. (3) (b) may be made by local authorities, pursuant to s. 30.77 , Stats., for the temporary (not to exceed 14 days) placement of mooring buoys, race course markers, water ski or slalom course markers for special events.

History: Cr. Register, March, 1960, No. 51 , eff. 4-1-60; r. and recr., Register, March, 1966, No. 123 , eff. 4-1-66; renum. from WCD 5.09 to be NR 5.09, and am. (3) (c), intro. par., Register, March, 1971, No. 183 , eff. 4-1-71; am. (2) (a) 2. and 5., (3) (a), (b) and (c) (intro.), Register, April, 1985, No. 352 , eff. 5-1-85; emerg. am. (1) (a), cr. (1) (h), eff. 8-8-90; am. (1) (a), cr. (1) (h), Register, January, 1991, No. 421 , eff. 2-1-91; renum. (1) (a) to (h) to be 5.001 (17), (12), (14), (2), (13), (5), (15), and (6), am. (3) (b) and (7) (d), r. and recr. (7) (b), (c), Register, July, 1993, No. 451 , eff. 8-1-93; am. (3) (a), (4) and (6) (a), Register, May, 1995, No. 473 , eff. 6-1-95; CR 14-048 : am. (3) (b) Register May 2015 No. 713 , eff. 6-1-15.