3. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 101.02 (1), Stats. reads, “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.” Section 101.1206 (1), Stats. reads, “The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.” Section 101.1206 (7), Stats. reads, “The department shall promulgate rules for the administration of this section.” 4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates approximately 400 hours will be needed to perform the review and develop any needed rule changes. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
5. List with description of all entities that may be affected by the proposed rule:
The proposed rules will not affect any business or other entity involved with building construction.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Federal regulations require erosion and sediment controls on construction sites over one acre. No existing or proposed federal regulations address construction sites under one acre.
Code of Federal Regulations – An Internet-based search for “building site erosion control” in the Code of Federal Regulations (CFR) did not identify any federal regulations pertaining to this topic.
Federal Register – An Internet-based search for “building site erosion control” in the Federal Register did not identify any proposed federal regulations pertaining to this topic.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The anticipated economic impact of implementing this rule is minimal. The rule is not likely to have a significant impact on a substantial number of small businesses.
