Rule-Making Notices (Hearing Notices)

Counties are granted the flexibility to regulate backlots in the shoreland zone.

Outlots may be created as part of a subdivision plat or certified survey map.

Counties may request the approval of standards for alternative forms of development with reduced lot sizes and development densities for planned unit developments, cluster developments, conservation subdivisions, and other similar alternative forms of development if they include, at a minimum, a required shoreland setback of more than 75 feet and a larger primary buffer than is required in s. NR 115.15 (2).

Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.

Provisions are added to allow counties to exempt 15 types of structures from the shoreland setback, an increase from 3 exempted structures.

The construction of new dry boathouses is prohibited.

Standards are established to qualify a lot for a reduced setback and two methods of calculating the reduced setback are provided. Counties may also request approval of an alternative setback reduction formulate, demonstrating how the alternative is as effective in achieving the purposes of s. 281.31 (1) and (6), Stats.

Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protection habitat and water quality.

Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but must be replaced.

Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.

A formula to calculate the vegetative buffer mitigation requirements for existing multiple-unit developments was added to proportionately mitigate based on the intensity of the project.

A formula for the width of access corridors is provided, replacing the “30 feet in any 100 feet" provision, which was confusing if a lot had less than 100 feet of frontage.

Existing lawns may be maintained indefinitely in the primary shoreland buffer, unless a property owner decides to initiate one of 5 actions that require restoration of the primary shoreland buffer.

Best management practices must be implemented and maintained that, to the maximum extent practicable, result in no increase in storm water discharge from impervious surfaces.

If a project results in a lot being covered with 20% or more impervious surfaces, the shoreland buffers must be preserved or restored in compliance with the standards in s. NR 115.15 (applies only to lots with lands within 75 feet of the ordinary high water mark).

An erosion control and revegetation plan is required for land disturbing activities to minimize erosion and sedimentation caused by the activity.

A county permit is required for land disturbing activities in the shoreland zone if the project includes 2,000 square feet or more of land.

Counties shall exempt from the permit requirement activities that have already received permits from other identified permitting authorities.

Counties may require a wetland buffer to minimize the impacts of land disturbing activities to prevent damage to wetlands.

The “50% rule" is removed, and a standard for the regulation of nonconforming structures based on the location and size of structures is used.

Unlimited ordinary maintenance and repairs is allowed on nonconforming structures.

Structural alternations are allowed on nonconforming structures if mitigation is implemented as specified by the county.

Expansion and replacement of nonconforming accessory structures is prohibited, unless located in a campground or mobile home park, and certain standards are satisfied.

Expansions of nonconforming principal structures is allowed is the structure is set back at least 35 feet from the ordinary high water mark, if the footprint cap is not exceeded, if mitigation is implemented as specified by the county and if other standards are met.

Replacement of nonconforming principal structures is allowed on the existing foundation anywhere within the shoreland setback area, and on new foundations if the structure is setback at least 35 feet from the ordinary high water mark, if mitigation is implemented as specified by the county, and if other standards are met.

Replacement of nonconforming principal structures is prohibited if the structure has no foundation, the foundation extends below the ordinary high water mark or the structure extends over the ordinary high water mark.

Counties shall adopt a mitigation system that is roughly proportional to the impacts of activities proposed.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has prepared an Environmental Assessment in accordance is s. 1.11, Stats., and ch. NR 150, Wis. Adm. Code, that has concluded that the proposed rule is not a major state action which would significantly affect the quality of the human environment and that an environmental impact statement is not required.

NOTICE IS HEREBY FURTHER GIVEN that the Department will hold question and answer session from 4:30 p.m. until 5:45 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, July 12, 2005 at 6:00 p.m.

Chippewa Valley Technical College

620 Clairemont Avenue

Eau Claire

Wednesday, July 13, 2005 at 6:00 p.m.

Wis. Indianhead Technical College

2100 Beaser Avenue

Ashland

Thursday, July 14, 2005 at 6:00 p.m.

Egg Harbor Room, Landmark Resort

7643 Hillside Road

Egg Harbor

Tuesday, July 19, 2005 at 6:00 p.m.

Western WI Technical College

304 6th Street North

La Crosse

Thursday, July 21, 2005 at 6:00 p.m.

Sentry World Theater

1800 North Point Drive

Stevens Point

Tuesday, July 26, 2005 at 6:00 p.m.

UW Washington County

400 University Drive

West Bend

Wednesday, July 27, 2005 at 6:00 p.m.

Grand Chute Town Hall

1900 Grand Chute Boulevard

Grand Chute

Thursday, July 28, 2005 at 6:00 p.m.

Nicolet Technical College

County Highway G

Rhinelander

Tuesday, August 2, 2005 at 6:00 p.m.

Lake Lawn Resort

2400 East Geneva Street

Delavan

Thursday, August 4, 2005 at 6:00 p.m.

Oak Hall Room, Fitchburg Community Center

5520 Lacy Road

Fitchburg

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 Toni Herkert at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Toni Herkert, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 12, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Herkert.

Notice of Hearing

Natural Resources

(Environmental Protection-Air Pollution Control)

[CR 05-055]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11, Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 400.02 (162) and 424.05, Wis. Adm. Code, relating to the definition of “Volatile Organic Compounds" or “VOC" and VOC emission control requirements for yeast manufacturing facilities. The Department is proposing the revision to the definition of "VOC" in s. NR 400.02 (162) to be consistent with EPA's federal definition at 40 CFR 51.100(s). The revision includes adding four compounds to the list of compounds excluded from the definition of VOC and exclusion of one further compound from the definition but only for purposes of VOC emission limitation or content requirements and not for purposes of all recordkeeping, emission reporting, and inventory requirements. The Department is also proposing to revise the VOC emission control requirements for yeast manufacturing in s. NR 424.05 to address an inconsistency with requirements in the national emission standards for hazardous air pollutants for yeast manufacturing at 40 CFR part 63 Subpart CCCC.