Section 5.20. Modification or waiver of slow-no-wake speed restriction on certain lakes.

  Section 30.635 , Stats., provides that the department may modify or waive the slow-no-wake speed restriction on lakes 50 acres or less in size having public access. The following procedure is established to implement that provision:

(1)   Submission of petition for modification or waiver by rule. Pursuant to s. 227.12 , Stats., any municipality, corporation or any 5 or more persons having an interest in a rule may petition for such a rule to modify or waive the slow-no-wake speed restriction on a particular lake.

(2)   Contents of petition. The petition shall state clearly and concisely:

(a) The substance or nature of the rule-making which is requested; and

(b) The reasons for the request and the petitioners' interest in the request; and

(c) References to the authority of the agency to take the action which is requested.

(3)   Service on the department. The petition shall be served on the department of natural resources either by delivery to the office of the secretary or by mailing to the secretary by certified mail at the following address: P.O. Box 7921, Madison, Wisconsin 53707.

(4)   Department action on petition. Upon receipt of a petition for modification or waiver, the following procedures shall apply without prior authorization of the natural resources board:

(a) The department shall schedule a rule-making hearing within a reasonable period of time for the purpose of receiving the comments and views of all interested persons on the petition.

(b) Based upon information received at the hearing and the determinations made pursuant to par. (c) , the department will either proceed with rule-making or deny the petition in writing. The department is not limited to the rule-making proposed by the petitioner but may modify or waive the slow-no-wake speed restriction in any manner it deems appropriate.

(c) The department shall in making the decision under par. (b) determine:

1. If the lake is in fact 50 acres or less and has public access. A petition may be received for a lake fluctuating in size where the petitioner shows that the lake has been 50 acres or less in the past.

2. Whether public safety will be impaired by modification or waiver of the slow-no-wake speed restriction.

3. Whether modification or waiver of the slow-no-wake speed restriction will cause environmental pollution as defined in s. 283.01 (6m) , Stats.

History: Emerg. cr. eff. 7-28-75; cr. Register, June, 1976, No. 246 , eff. 7-1-76; am. (3), Register, April, 1985, No. 352 , eff. 5-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1989, No. 397 ; correction in (4) (c) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2000, No. 531 .