Rule-Making Notices (Hearing Notices)

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.

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: facilities using t-butyl acetate or products that contain t-butyl acetate and emit VOCs in excess of 6000 pounds per year

b. Description of reporting and bookkeeping procedures required: Identical to requirements for compliance with the current rule

c. Description of professional skills required: Identical to requirement for compliance with the current rule

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 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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

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

Monday, July 11, 2005 at 1:00 p.m.

Room 140-141, DNR Southeast Region Headquarters

2300 N. Dr. Martin Luther King Jr. Drive

Milwaukee, WI

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Effect

There is no fiscal impact anticipated.