Lake District Requirements
Lake Districts can offer many advantages to lakes and lake management. As a special purpose unit of government with taxing authority, Districts can provide a source of funding to address lake concerns from those who closely benefit from the welfare of the lake. By participating in the required Lake District annual meeting, members have a voice on how their taxes are spent.
What can a district do?
Because it can levy a tax, a lake district is usually in a better financial position to undertake various lake management activities. Lake districts are also eligible for state grants, which can further increase financial capacity for lake projects. As special purpose units of government, a lake district may be in a better position to deal with other units of government than a lake association. Lake Districts have some powers that are unique to lake districts, these include:
- Authority to levy tax on all property within the district.
- Authority to impose special charges and special assessments.
- Authority to assume certain powers of sanitary districts.
- Authority to adopt boating ordinances (with designated authority).
- A town, village or city may delegate to the district the authority to adopt lake use regulations. These may include regulations of boating equipment, use or operation; aircraft; and travel on ice-bound lakes.
The district has no authority to control land use or shoreland development.
Like Lake Associations, Lake districts can
- Make contracts, purchase or sell land, disburse money, take out loans, accept grants, sue and be sued.
- Develop and carry out surveys or studies, manage aquatic plants, aeration, control erosion, dredge, control dams, and monitor water quality.
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How is a lake district financed?
All property owners within the lake district are subject to property tax levy. Property owners living within the boundaries of a lake district are required by law to pay the fees. The amount of those fees is voted on by the members at the annual meeting.
This fee is usually a part of your property tax bill and may come in the form of a mill levy. The general property tax (mill levy) cannot exceed the rate of 2.5 mills. It is used for general district expenses like bookkeeping, postage, dam maintenance, monitoring etc.
Special user charges are used to pay for activities with temporary benefits to individual properties (plant harvesting, algae control). Special assessments are for larger projects. Borrowing or grant programs can also be used to raise money if approved at the annual meeting.
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Running a Lake District
Lake Districts have a more complex organizational structure than lake associations. Most Lake Districts use Chapter 33 of the Wisconsin Statutes for direction on lake district operations and Robert’s Rules of order as general rules for meetings. Some Lake Districts have adopted bylaws. Bylaws are not required, must comply with Chapter 33, and cannot supersede or conflict with Chapter 33.
Normally, a lake district's day-to-day activities are carried out by a board of from 5 to 7 commissioners. One is appointed by the county and one by the town. The remaining commissioners are elected by the membership. One elected commissioner must be a resident unless no resident is willing to serve, and the others must be either residents or property owners in the district. Powers and Duties of a Lake District Board of Commissioners include:
- Clarifying goals and identifying lake issues.
- Carrying out the programs adopted in the annual budget by the annual meeting.
- Initiating and coordinate research and surveys to collect data on the lake and its watershed.
- Cooperate and build working relationships with local units of government.
- Maintain working relationships with officials of state government.
At all times, the powers of the commissioners are subject to the decisions of the membership at the annual meeting. The commissioners must meet quarterly, and open meeting laws apply.
At the required annual meeting of a Lake District, the following must take place:
- One or more commissioners is elected to fill vacancies occurring in the elected membership of the board.
- A budget is approved for the coming year.
- The annual meeting may also vote a tax on all taxable property at this time.
Who can vote at the annual meeting?
- A person whose name appears on the tax roll.
- A person who owns title to real property even though the person’s name does not appear on the tax roll.
- A person who is an official representative of a trust, corporation, association that owns real property in the district.
- A resident of the district.
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