Notice is hereby given that pursuant to ss. 23.09(2), 23.28(3), 27.01(2)(j) and 227.11(2)(a), Stats., interpreting ss. 23.09(2), 23.28(3), 27.01(2)(i) and (j) and 28.03, Stats., the Department of Natural Resources will hold public hearings on the repeal of chs. NR 40 and 41 and revisions to ch. NR 45, Wis. Adm. Code, relating to public use of department lands. Chapters NR 40 and 41 contain legal descriptions of state forests and state parks. These chapters are no longer necessary since the Natural Resources Board has the authority to make property boundary revisions. In its place, state parks and state forests will be defined in ch. NR 45.
Additional ch. NR 45 revisions include a revised description of the applicability of ch. NR 45 to include lands owned, eased and leased by the Department, unless the Department waives jurisdiction; clarifies that it is illegal to possess someone's property without their permission; creates rules prohibiting placing structures, storing personal property or planting crops on Department lands except when authorized by the Department; prohibits possession of small amounts of marijuana (<25 grams); prohibits use of bicycle tire chains and tire studs on trails; prohibits dogs, cats or other animals on observation towers; clarifies the posting requirements for special use areas closed to hunting; clarifies that blinds used for waterfowl hunting are the only blinds allowed on Department lands after closing hours; prohibits pursuing, driving or chasing animals in areas closed to hunting, except when authorized by the Department; limits camping to 3 days on the Lower Wisconsin State Riverway, and restricts camping to people who arrive by watercraft; limits the reservation period for indoor group camps to 7 days in any 4-week period; allows use of electric motors at slow-no-wake speed in Ottawa Lake in Waukesha County; includes the Pinewoods Campground in the Southern Unit of the Kettle Moraine State Forest as a “Type A" campground; and modifies the current rule that restricts possession of containers from watercraft launched from designated launches on the Brule River State Forest to include watercraft removed from the launches.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 24, 1999 Room 240
Wednesday Madison Area Technical College
at 11:00 a.m. 211 N. Carroll St.
Madison
June 28, 1999 Conference Room 149
Monday Marathon Co. Courthouse
at 11:00 a.m. 500 Forest St.
Wausau
June 29, 1999 Havenwoods State Forest
Tuesday 6141 N. Hopkins
at 11:00 a.m. Milwaukee
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Doug Fendry at (608) 267-2764 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Doug Fendry, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707 no later than June 30, 1999. Written comments will have the same weight and effect as oral statements presented at the public hearings. A copy of the proposed rule [LF-20-99] and fiscal estimate may be obtained from Mr. Fendry.
Fiscal Estimate
There is no fiscal effect.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 77.06(2), 77.91(1) and 227.11(2)(a), Stats., interpreting ss. 77.06(2) and 77.91(1), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 46, Wis. Adm. Code, relating to administration of the Forest Crop Law and the Managed Forest Law. The proposed rules:
1. Clarify the new building definition. The last Forest Crop Law conversions to the Managed Forest Law are still being processed and were submitted prior to the change in the building definition. The note following the definition explains what buildings are exempted from the new specification and should include all Forest Crop Law conversion lands.
2. Establish the revised stumpage rate. An annual hearing is required for the determination of stumpage values used in calculating severance and yield taxes on timber cut from Forest Crop lands and Managed Forest lands. The proposed revision to s. NR 46.30(2) adjusts stumpage rates for the 12 established zones. The average price change for sawtimber is a 6.97% increase over current rates. The pulpwood proposed prices are, on the average, 32.44% higher compared to current prices.
3. Change stumpage rate zones. In an effort to simplify and more accurately represent the actual prices received for timber cut on Forest Crop Law and Managed Forest Law lands, this rule repeals and recreates s. NR 46.30(2)(d) to create 14 new zone designations from the old 12 for the stumpage rate tables. This will eliminate the need for a 30% reduction in stumpage rates for pine cordwood in 27 counties.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and the Managed Forest Law.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
June 11, 1999 Council Chamber
Friday Wausau City Hall
at 11:00 a.m. 407 Grant Street
Wausau
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ken Hujanen at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Ken Hujanen, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than June 11, 1999. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [FR-21-99] and fiscal estimate may be obtained from Mr. Hujanen.
Fiscal Estimate
The proposed 2,000 stumpage rate schedule includes an average 6.97% increase in sawtimber prices and a 32.44% average net change in cordwood prices. The severance and yield tax collection in CY '98 was $1,257,842. Of course this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 6.97% increase in sawtimber prices will produce an increase in gross revenue of about $17,530. A 32.44% increase in cordwood values will generate about $326,440 in additional revenue. The gross receipts are shared, the towns receiving roughly 50% and the state 50% of the revenue.
The change of zone lines for the stumpage rates will have no overall fiscal impact, but will have some impacts to specific counties that have changes zones. The actual impact is hard to judge until more specific figures are available. At the hearing more specific information will be available.
The other aspect of the rule change, a clarification of the note on the definition of “human residence has no fiscal effects on state or local costs or revenues that can be directly estimated.
The net effect of the rule change will be about a $171,985 increase in state revenue and a $171,985 increase in local revenue.
Notice of Hearings
Natural Resources
(Environmental Protection-
Water Regulation,
Chs. NR 300-)
Notice is hereby given that pursuant to s. 227.26(2)(b), Stats., interpreting s. 30.10(4)(c), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-12-99(E) relating to the creation of ch. NR 303 on department determinations of navigability for farm drainage ditches. This emergency order took effect on May 1, 1999. The emergency rule codifies department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making the determinations.
Hearing Information
June 16, 1999 Conference Room #1
Wednesday Portage Co. Courthouse Annex
at 11:00 a.m. 1516 Church St.
Stevens Point
June 17,1999 Room 708
Thursday GEF #2, 101 W. Webster St.
at 10:00 a.m. Madison
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dale Simon at (608) 267-9868 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the emergency rule may be submitted to Mr. Dale Simon, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than June 21, 1999. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the emergency rule [FH-12-99 (E)] may be obtained from Ms. Elly Lawry, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Fiscal Estimate
There is no fiscal effect.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 98-158):
Ch. ATCP 75 - Relating to license exemptions for retail food establishments located in licensed restaurants.
Ch. Comm 113 - Relating to allocation of volume cap on tax-exempt private activity bonds.
Financial Institutions--Securities
(CR 99-61):
S. DFI-Sec 2.01 (1) (c) 6. and (d) 6. - Relating to designating an alternative accounting guideline for the preparation of financial statements for Wisconsin and other state and local governmental issuers of securities utilizing the securities registration exemption in s. 551.22 (1) (a), Stats.
