Rule-Making Notices (Hearing Notices)

Notice is hereby further given that the hearing will be held on:

July 11, 2007     Room 413
Wednesday     GEF #2, 101 South Webster Street
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 informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Impact

The fiscal impact that this rule package will have on state and local government-namely the increased costs associated with addressing or containing the VHS problem-is difficult to estimate given the short amount of time that has elapsed since the discovery of the virus. Consequently, the Department is characterizing the state and local fiscal impact as “indeterminate" until more detailed cost information becomes available.

Written Comments

The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 13, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Horns.

Notice of Hearings

Natural Resources

(Environmental Protection - General,
Chs. NR 100—)

Notice is hereby given that pursuant to ss. 59.692, 227.11(2)(a) and 281.31, Stats., interpreting ss. 59.69, 59.692, 59.694 and 281.31, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances. Major provisions of the proposed rule include changes to vegetation management in the primary shoreland buffer and changes to regulation of nonconforming structures. New requirements include minimum lot size and density requirements for multi-unit residential development, mobile home parks and campgrounds; two formulas to calculate reduced shoreland setbacks; an impervious surface standard; and mitigation standards. The proposals include:

Land Division Review – NR 115.09

1. The requirement for land division review is changed from the creation of “3 or more lots" to the creation of “one or more lots" to ensure that all new lots created meet minimum lot size requirements.

2. If new lots are created that are divided by a stream or river, one side of the lot shall have a compliant building location.

Lot Size and Development Density – NR 115.11

1. Minimum lot size and density standards have changed eliminating a distinction between sewered and unsewered areas. The new minimum lot size for all lots created after the effective date of the rule is 20,000 square feet and 100 feet of width at the building setback and ordinary high water mark. Counties may allow development on a substandard lot.

2. Counties are required to develop minimum area or lot size requirements for multi-family residential structures, mobile home parks and campgrounds.

3. Counties may request the approval of standards for alternative forms of development with reduced lot sizes for planned unit developments, cluster developments, conservation subdivisions and other similar alternative forms of development if they include larger shoreland buffers, larger lot sizes or larger setbacks on those lots adjacent to the water.

Shoreland Setback – NR 115.13

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

2. Provisions are added to allow counties to exempt structures from the shoreland setback if they meet certain requirements outlined in s. NR 115.13(4).

3. The construction of new dry boathouses is still exempted; however, a size limit of 250 square feet has been added to the rule.

4. Standards are established to qualify a lot for a reduced setback if there is not a compliant building location.

Height Requirements – NR 115.15

1. A new section on structure height was added to protect and preserve the natural scenic beauty of lake and riverine environments.

Shoreland Vegetation and Buffers – NR 115.17

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

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

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

4. 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. A second formula for lots with greater than 200 feet of frontage was also added to address larger developments adjacent to the water.

Impervious Surfaces – NR 115.19

1. Development is regulated through the use of percentages of total impervious surface rather than through the use of a nonconforming structure provision. The impervious surface percentages of 10% for new principal structures or 15% for existing development may be exceeded up to a maximum of 20% total impervious surface within 300 feet of the ordinary high water mark if mitigation measures are implemented and maintained.

2. Provisions are also included for shared impervious surfaces, expansion, enclosing existing impervious surfaces, replacements and relocation.

Mitigation Provisions – NR 115.21

1. Provisions are now a performance measure to protect, preserve and enhance water quality and wildlife habitat while achieving natural scenic beauty.

2. There is a water quality standard and a wildlife standard that the counties will have to flesh out in their individual ordinances. The water quality standard will require infiltration of runoff.

3. A provision on proportionality has been added to ensure the mitigation measures required will not outweigh the impacts of the proposed project.

Land Disturbing Construction Activities – NR 115.23

1. A county permit is required for land disturbing construction activities in the shoreland zone to minimize erosion and sedimentation.

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

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.

Environmental Analysis

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.

Hearing Information

Notice is hereby further given that the Department will hold an open house from 4:30 p.m. to 5:30 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:

July 24, 2007     Auditorium
Tuesday     Health & Science Bldg.
at 5:45 p.m.     North Central Tech College
    1000 W. Campus Dr.
    Wausau

July 25, 2007     Auditorium
Wednesday     Rhinelander High School
at 5:45 p.m.     665 Coolidge Avenue
    Rhinelander

July 26, 2007     Blue Hills Masonic Center
Thursday     225 West South Street
at 5:45 p.m.     Rice Lake

July 31, 2007     Community Room
Tuesday     Farmers & Merchants Bank
at 5:45 p.m.     1001 Superior Avenue,
    Tomah

August 1, 2007   Neville Museum Theater
Wednesday     210 Museum Place
at 5:45 p.m.     Green Bay

August 7, 2007   Lower Level
Tuesday     Pewaukee City Hall
at 5:45 p.m.     W240 N3065 Pewaukee Road
    Pewaukee

August 8, 2007   Opera House
Wednesday     381 E. Main Street
at 5:45 p.m .     Stoughton

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

Fiscal Estimate

State Fiscal Impact. The department has an existing oversight capacity in the implementation, administration and enforcement of the current NR 115 program. In some cases, enforcement costs for the Department may actually decrease due to the decline in variance requests that will be realized with the increased level of flexibility offered to property owners and counties in the new rule. In other cases, the Department may incur additional costs related to the policy legal review and approval of new shoreland zoning ordinances required to implement the revised statewide minimum standards.

The Department expects that the net result will be that state costs will not substantially change as a result of the proposed NR 115 rule revisions.

Local Fiscal Impact. Counties and cities or villages that have annexed land since 1982 or incorporated since 1994 currently administer and enforce local shoreland zoning ordinances which meet or exceed the statewide minimum standards found in NR 115. Towns may also adopt a shoreland zoning ordinance, but it must be at least as restrictive as the applicable county's.

Counties and annexed or incorporated areas will incur one-time expenditures to revise shoreland zoning ordinances to reflect the new statewide minimum standards. However, after this initial increased workload and expense, the Department expects that the administrative burden of the zoning provisions will be less time-consuming than the current standards. Some counties have indicated that the new impervious surface standards are going to require additional staff. The Department contends that the same staff that worked on the issue of nonconformity can deal with impervious surfaces since nonconforming provisions are no longer part of the statewide standards. In addition, counties have 2 years before they have to have a shoreland ordinance in place. This delayed effective date was to allow the county to develop an ordinance which meets the new statewide minimum standards.

The exact annualized local costs including, increased and decreased costs, increased revenues (based on local permitting fees including new permitting systems and subsequent fees that may be developed) and decreased revenues (based on a reduction in the number of variances requested) are extremely difficult to estimate and will vary considerably on a county by county basis. Consequently, the Department has characterized the overall impact on local government costs as “indeterminate".

Long-range fiscal implications. The revised rule will provide increased predictability for investment decisions for local government, businesses, residents and new property owners, thereby decreasing operational costs, increasing property tax revenues, and generating economic growth from a more predictable zoning environment.

Written Comments

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at either of the following Internet sites: http://dnr.wi.gov/org/water/wm/dsfm/shore/ news.htm or http://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 September 7, 2007. 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 Hearings

Natural Resources

(Environmental Protection-Water Regulation, Chs. NR 300—)

Notice is hereby given that pursuant to ss. 30.12 (1) and (3) (br), 30.2035, 30.206, 227.11 (2) (a) and 227.24, Stats., interpreting ss. 30.12 (1), (3) and (3m) and 30.206, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-26-07(E) pertaining to general permits for dredging in Great Lakes navigable waterways. The emergency rule revises ch. NR 345, Wis. Adm. Code, to establish a new general permit with appropriate conditions. The rule establishes standards for projects to be eligible for a general permit for dredging, including operation of a motor vehicle, on the beds of the Great lakes to remove algae, mussels, dead fish and similar large plant and animal nuisance deposits.

The emergency rule establishes a general permit for an activity that would otherwise require an individual permit. The general permit will permit lakefront property owners to remove plant and animal nuisance deposits on the beds of outlying waters more efficiently while complying with general permit conditions created to protect the public interest in the lakebed. The general permit has a $50 application fee and is processed within 30 days.

Hearing Information

Notice is hereby further given that the hearing will be held on:

July 10, 2007     Lake Michigan Room
Tuesday     Green Bay Service Center
at 3:00 p.m.     2984 Shawano Ave.
    Green Bay

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

Written Comments

The emergency rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Martye Griffin, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 20, 2007. 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 emergency rule may be obtained from Ms. Lund.

Fiscal Estimate

Department staff that work in the areas that would be affected by the new general permit report that approximately 20 requests are made annually for permission to dredge on Great Lakes beds. Under current law, approximately 2 of these requests actually result in an application for an individual permit at a cost of $500 each, for an estimated total annual revenue of $1,000 (2 permit applications x $500).

Based on knowledge of beach conditions, Department staff estimate that the implementation of a general permit, as well as the streamlined permit process that goes with it, will double the number of requests for permission to dredge on Great Lakes beds from 20 to 40 annually, and that all 40 requests will result in actual permit applications.

The Department estimates that under the proposed rule, approximately 2 dredging requests per year will continue to require a $500 individual permit, for a total of $1,000 in individual permit revenue. It is estimated that the remaining 30 requests will require general permits, for a total of $1,900 in general permit revenue (30 general permits x $50/each). Therefore total revenue for individual and general permits is estimated to be $2,900, which represents a $1,900 increase over revenue generated under current law.

The rule change will have no impact on local government costs.