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November 21, 2007 Waterway Obstruction Ordinance

NOTICE

	The Lake Mills Town Board adopted the  proposed town ordinance 5-19 
on November 13, 2007, and takes effect upon this publication. This
ordinance in its entirety is at the office of the Lake Mills Town
Clerk or at www.townoflakemills.org under мNoticesо. For additional
information contact the town clerk at (920)648-5867.

CHAPTER 19

REMOVAL OF OBSTRUCTIONS FROM NATURAL WATERCOURSES

5-19-1 PURPOSE

5-19-2 AUTHORITY

5-19-3 ADOPTION OF ORDINANCE

5-19-4 PROCEDURE

5-19-5 LANDOWNER LIABILITY

5-19-6 OTHER CONSIDERATIONS

5-19-7 SEVERABILITY

5-19-8 EFFECTIVE DATE




5-19-1: PURPOSE: The intent of this Ordinance is to regulate and
delegate the responsibility of property owners whose property is
contiguous with any navigable watercourse in the event said
watercourse becomes obstructed either through natural causes or due to
human negligence.  

5-19-2: AUTHORITY: This Ordinance is based upon the exercise of
Village Powers allowing the Town to pass ordinances that promote the
general publicнs health, safety and welfare.  The Ordinance is based
in part upon Wisconsin State Statute 88.90 but assigns additional
responsibility and liability to the landowner for obstructions that
occur due to natural causes or due to human negligence.  Input was
sought from the Department of Natural Resources and the Wisconsin
Towns Association.

5-19-3: ADOPTION OF ORDINANCE: The Town Board of the Town of Lake
Mills, by this Ordinance, adopted on proper notice with a quorum and
by roll call vote by a majority of the Town Board present and voting,
provides the procedure for the removal of obstructions from navigable
watercourses in the Town of Lake Mills.

5-19-4: PROCEDURE:  Whenever any navigable watercourse becomes
obstructed through natural causes or by the negligent actions of the
owner, occupant or third party, the owner or occupant of any land
adversely effected by such obstruction which shall include a 25% or
more blockage of the watercourse or if the blockage prevents the
passage of any watercraft, may request the removal thereof by giving
notice in writing to such owners, occupants or person in charge of the
land on which the obstruction is located or came from.

If the obstruction is not removed within ten (10) days after receipt
of such notice and if the obstruction is located in the Town of Lake
Mills, the owner or occupant of the affected or damaged lands may make
written complaint to the Town board, filing at the same time a copy of
the notice sent. The Town supervisors, after viewing the watercourse
and upon being satisfied that the complaint is just, shall make
recommendations in writing to the owner of the lands where the
obstruction originated from, for the removal of such obstruction. If
such recommendations are not followed within a reasonable time not to
exceed thirty (30) days, unless the Town Board agrees to a later date,
the Town board shall have the obstruction removed. If the Town Board
removes the obstruction it will be removed from the water to the
normal high water mark of the waterway.  The material removed will be
placed on the shoreline of the property from where it originated.

5-19-5: LANDOWNER LIABILITY:  The cost of view and of removal shall
be charged and assessed against the lands from which the obstruction
originated.  A written bill shall be sent to the Landowner and if it
is not paid within 30 days then the amount outstanding plus interest,
calculated at 1.5% per month, shall be collected in the same manner as
other special assessments are collected by the town.

5-19-6: OTHER CONSIDERATIONS: Firstly, the Town Board will take into
consideration, but are not bound by, the Department of Natural
Resources position that some trees and branches and other natural
objects falling into the watercourse create a мcourse woody habitatо
for fish, aquatic life and wildlife and may be beneficial.

Secondly, any person removing any significant amount of material from
the bed of the waterway is subject to State laws and may be required
to obtain a dredging permit pursuant to Wisconsin State Statute 30.20.
 

5-19-7: SEVERABILITY: If any sections, subsections, sentence, clause,
phrase, or word of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, independent provision, and such
holding shall not affect the validity of the remaining portions
thereof.

5-19-8: EFFECTIVE DATE: This Ordinance shall go into effect upon its
passage and publication date. 




Dated this 21st day of November, 2007.









BY THE TOWN BOARD OF THE 
TOWN OF LAKE MILLS


                                  
James Heinz, Chairperson    
                         
David Schroeder, Supervisor I
                      
Tom Berns, Supervisor II









			ATTEST:
                       
			Robin Untz, Clerk

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