Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, property owners, the agricultural industry, and the conservation community. Concerns will likely include how listing the fungus will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: reviewing proposed research proposals and issuance of scientific research licenses, cost-sharing for installation of bat gates and other conservation actions, providing cave closure signage and decontamination protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded).
Under NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species. Therefore, conducting control measures will not necessarily result in a cost to commercial cave operators. Additionally, commercial caves will have the option to exclude bats from their cave(s) with the help of the department, allowing them to remain open for tourism, and resulting in no loss of tourism dollars.
Under s.
227.19 (3m), Wis. Stats., a final regulatory flexibility analysis is not required.
Environmental Analysis
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
The proposed rule package will require time by DNR staff to prepare the rule and administer rule hearings. In addition, once the rule is implemented DNR staff time associated with NR 40 will require increased surveillance and treatment. It is assumed all of the increased time will be possible to absorb within the Department's current budget.
Local fiscal effect
It is assumed there will be no increase in local government costs associated with this rule.
Private sector fiscal impact
Once the rule is implemented, there will be no costs to private land owners to follow invasives law. As with the existing law, if private land owners do not allow DNR on their land or if they intentionally move the invasive species, there will be an associated penalty cost if NR 40 is not followed.
State fiscal effect
Indeterminate.
Local government fiscal effect
None.
Agency Contact Person
Erin Crain, EIM Section Chief
PO Box 7921
101 S. Webster Street, ER/6
Madison, WI 53707-7921
Phone: (608) 267-7479
Natural Resources
Fish, Game, Forestry, Recreation, Chs.
NR 1—
DNR # PR-36-10
NOTICE IS HEREBY GIVEN that pursuant to ss.
27.01 (2) (c) and
(j),
23.09 (2) (d) 10. and
12., and
27.01 (10) (f), Stats., the Department of Natural Resources (Department) will hold a public hearing on revisions to Chapters
NR 1 and
45, Wis. Adm. Code, relating to the management of Department-owned lands purchased for the Ice Age and North Country Trails.
The authority proposed in this rule is necessary in order to facilitate the development and management of properties purchased by the Department for the Ice Age and North Country Trails. This proposal would repeal and recreate s.
NR 1.29, Wis. Adm. Code, to allow the Department to authorize some basic management activities on properties prior to writing and implementing a Department master plan. This proposal would also help to guide master planning on these properties. The proposed rules guide and permit management such as selective timber harvest, invasive species removal, installation of the Ice Age and North Country trails, and establishment of minor support facilities and amenities like small gravel parking lots and informational kiosks. The rule does not require that these activities occur. This rule change gives the department the ability to be significantly more responsive in managing State Ice Age trail areas.
This proposal also modifies a section of s.
NR 45.10 to allow camping along the Ice Age and North Country Trails for long-distance hikers.
Hearing Information
Date and Time:
|
Location:
|
November 3, 2010
6:00 p.m.
|
DNR South Central Region
Hdqrs.
3911 Fish Hatchery Road
Fitchburg, WI
|
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 Brigit Brown at (608) 266-2183 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed 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 Ms. Brigit Brown, Bureau of Parks and Recreation, P.O. Box 7921, Madison, WI 53707. Comments may be submitted by email to
brigit.brown@wisconsin.gov
. Comments on the proposed rule must be received on or before
November 5, 2010. 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 paper copy of the proposed rule and fiscal estimate may be obtained from Ms. Brown.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Sections
27.01 (2) (c),
(j) and
(10) (f),
23.09 (2) (d) 10. and
12., Stats., have been interpreted as providing the department with the authority to make these changes to provide guidance and direction on the management and development of lands for the Ice Age and North Country Trails.
Statutory authority and Explanation of agency authority
The statute that authorizes the promulgation of this rule order is s.
27.01 (2) (c) (j), Stats. (in addition to the general authority under ss.
227.10 and
227.11, Stats). This section grants rule making authority to the department to establish rules governing properties. Further, s.
23.09 (2) (d) 10. and
12., Stats. authorizes purchase of lands by the department for the Ice Age Trail and North Country Trails, s.
27.01 (2) (c), Stats., instructs the department to plan for these properties, s.
23.17 (4), Stats., authorizes the development of department lands for the Ice Age Trail, and s.
27.01 (10) (f), Stats., allows the department to waive camping fees. All rules promulgated under this authority are subject to review under ch.
227, Stats.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Plain language rule analysis
The Bureau of Parks and Recreation recommends promulgating administrative rules that modify a section of s.
NR 1.29 related to management of lands purchased for the Ice Age and North Country Trails.
Currently, there are no rules to specifically guide the management and development of this classification of land.
These rules would provide property managers and other department staff guidance on the management of lands purchased for the Ice Age and North Country trails. The proposed rules guide and permit some management of these lands such as selective timber harvest, invasive species removal, installation of the Ice Age and North Country trails, and minor support facilities and amenities such as small parking lots and informational kiosks.
The Bureau of Parks and Recreation also recommends promulgating administrative rules that modify a section of s.
NR 45.10 to allow camping along the Ice Age and North Country Trails for long-distance hikers.
Comparison with federal regulations
These state rules will help to carry out federal conditions placed on lands purchased for the Ice Age and North Country Trails using federal funds.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and, when comparisons can be made, do not differ significantly from surrounding states. The Ice Age Trail is unique to Wisconsin and does not have a counterpart in surrounding states. Michigan and Minnesota manage the North Country Trail in a similar manner to what is being proposed.
Summary of factual data and analytical methodologies
The department owns approximately 75 properties which would be affected by this proposed rule. The rule would allow the department and trail partners to proceed with development and management of these properties and to ensure appropriate public access in accordance with the intended use of the properties.
Small Business Impact
These rules are applicable only to state properties and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Analysis
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
State fiscal effect
The rule does not impose new requirements on the Department to perform work on these properties but would allow for increased flexibility to perform certain management activities where funds and available labor exist. Currently, much of this work is being done, or is proposed to be done by external partners, the Ice Age Trail Alliance and volunteers.
At this time, the special permission needed to perform management work on these properties requires Department staff time to develop the request for submittal to agency management. With these rules in place, that staff time would be decreased and could result in greater efficiencies at the program level.
Local fiscal effect
These properties are wholly managed by the Department; consequently their approval would have no local fiscal effect. By increasing the ability to perform management of these properties to provide basic facilities (constructed trail, parking lot, e.g.), there may be an increase in use of these properties which may benefit local economies.
Anticipated private sector costs
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
State fiscal effect
Indeterminate.
Local government fiscal effect
None.
Fund sources affected
GPR, FED, SEG-S.
Affected Ch.
20 appropriations
Long-range fiscal implications
None. New properties will be able to be managed to basic standards upon purchase.
Agency Contact Person
Brigit Brown
101 South Webster Street
PO Box 7921, Madison, WI 53707-7921
Phone: (608) 266-2183
Notice of Hearing
University of Wisconsin System
