Revisions to ch.
NR 326, relating to piers, boat shelters and swim rafts in navigable waterways.
Policy analysis
The Department proposes to revise the Pier Standards of NR 326, to codify common law and existing guidelines regarding pier width and number of boats allowed. The Department also proposes to develop standards and definitions for public marinas and municipalities, in order to provide flexibility on pier dimensions and density for those facilities that serve a public purpose and/or provide public access.
The legislature has expressed interest in this issue in recent years, and proposed legislation to grandfather existing piers and require the Department to do rulemaking. Groups impacted will include waterfront property owners and developers, pier manufacturers and dealers, municipalities with waterfront development, marina operations, and citizens who use public waters for navigation, hunting and fishing.
Section
30.13, Stats. provides that a riparian proprietor may place a pier without a permit, as long as the pier does not interfere with public rights or those of other riparians, does not extend beyond a pierhead line or violate a local ordinance, and does not obstruct free movement of water. NR 326, Adm. Code contains standards for determining whether a pier will meet the 30.13 requirements, including pier length. A waterfront property owner's shoreline development is also limited by the common law concept of “reasonable use". Since NR 326 was adopted in 1981, the Bureau has issued Program Guidance to assist staff in evaluating whether a pier may interfere with public rights, and whether it constitutes a “reasonable use" of public waters. Guidelines for reasonable use were developed for pier width and allowable number of moored boats, and these guidelines have been in regular use for 12 years.
We propose to put these guidelines into NR326 as standards, in order to codify our continuing practice, simplify program implementation and enforcement, and provide fairness and clarity to waterfront owners who wish to place piers in public waters. As part of this effort, we will need to develop a mechanism to address existing structures, and create separate standards for public marinas and municipalities to allow some flexibility for facilities that provide public access.
Statutory authority
Staff time required
Department staff will need approximately 180 hours for this rule revision, not including time and travel for 6 proposed public hearings.
Natural Resources
Subject
Chapter
NR 542 pertaining to the Recycling Grants to Responsible Units.
Policy analysis
The revisions to ch.
NR 542, Recycling Grants to Responsible Units, will make the rule consistent with changes in Section
287.23, Wis. Stats. Chapter
NR 542 contains rules for administering recycling grants to Responsible Units. Responsible Units are comprised of one or more local units of government and can receive grants to offset eligible costs associated with the administration and operation of their approved recycling programs.
As now envisioned, ch.
NR 542 revisions will update the following rule sections: applicability; distribution of grant assistance; grant assistance application; grant payments; and dispute resolution and arbitration.
Statutory Authority
Staff time required
350 hours.
Psychology Examining Board
Subject
Objective of the rule. To clarify existing interpretations of rules and to provide more information to the profession in rule form. Because the Department of Regulation and Licensing is adopting a system of periodic rule submissions, this Scope Statement will serve as an umbrella for other relatively minor rule changes that may be identified and appropriately included for administrative efficiency.
Policy analysis
No important or controversial policies would be affected by these rule changes. At the time this Scope Statement is drafted, the topics include a note regarding the length of time to retain records, a clarification of the purposes for which a student should be considered a "client", a clarification of the residency requirement for an educational program, and the removal of confusing language regarding continuing education courses.
Statutory Authority
Staff time required
Rule development: 12 hours of staff time and 8 hours of section member time.
Changes to application forms and procedures: 4 hours of staff time.
Communication to the profession through publications and web page information:
8 hours of staff time.
Communication to the profession via responses to phone calls and e-mails:
12 hours of staff time.
Total: 44 hours.
Regulation and Licensing
Subject
Uniform reexamination restrictions and other penalties for applicants who cheat on examinations.
Objective of the rule. This rule creates uniform policies and procedures concerning cheating on credentialing examinations, and clarifies offenses and penalties for cheating. This uniform rule would apply to all applicants seeking a credential from the department, and examining board or an affiliated credentialing board.
Policy analysis
Cheating on credentialing examinations is an ongoing and significant problem. There are a growing number of new and alternative ways to cheat available to applicants through new technology. Current rules vary in specificity and are not updated to deal with current technology. In order to provide better monitoring of individuals who are required to take credentialing examinations and to avoid confusion in testing and reexamination procedures, the Department of Regulation and Licensing finds it necessary to create a uniform standard for testing. Promulgation of a single rule would combine best practices into one regulation and would, in addition, avoid the need to update and promulgate separate identical rules for each credentialing authority.
Statutory Authority
Staff time required
100 hours.
Workforce Development
Subject
The adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements.
Policy analysis
When a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49, Stats., set initial estimated project cost thresholds for application of prevailing wage rates and require that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a construction trade publication. The thresholds for application of the prevailing wage rate laws will be adjusted based on a 3.3% increase in the construction cost index since the thresholds were last adjusted.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing materials for a public improvement or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for application of various requirements in proportion to any change in construction costs since the last adjustment. These threshold adjustments will also be based on changes in the construction cost index published in the
Engineering News-Record. The thresholds for the performance assurance requirements in s.
779.14, Stats., will be adjusted based on a 6.13% increase in the construction cost index since the thresholds were last adjusted.
Statutory authority
Staff time required
Less than 20 hours.
