Description of the Objective of the Rule
This proposed rule may modify current animal health rules related to the dog sellers and facility operators program established pursuant to s.
173.41, Stats.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. The dog sellers and dog facility operator program went into effect on June 1, 2011. This program licenses animal control facilities, animal shelters that: shelter at least 25 dogs; dog breeders that sell 25 or more dogs from more than 3 litters; dog breeding facilities from which 25 or more dogs are sold in a year; dog dealers who sell, distribute, trade, or offer for sale, distribution, or trade, 25 or more dogs in a year; and out of state dog dealers who are not residents of this state and who bring 25 or more dogs into this state for sale here in a year. With this license the department inspects facilities, establishes health requirements for selling dogs, defines the age that a dog may be sold, and defines standards of care including enclosure and exercise requirements, vaccinations, record keeping and requirements for temporary dog markets.
Proposed policies. DATCP will be reconvening the advisory committee required by s.
173.41, Stats., to provide assistance in drafting the proposed rules.
Policy Alternatives. Do nothing. If the department does not review the current rule and make modifications that have been identified as necessary during the first year of implementation of the program, the current rule would stay in effect.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
173.41 Regulation of persons who sell dogs or operate animal shelters.
(14) Rules. (a) The department, in consultation with the advisory committee established under par. (b) shall promulgate rules to implement and administer this section.
(d) An advisory committee under par. (b) does not expire until 12 months after the rules are promulgated and shall make recommendations to the department for amendments to the rules.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 1.0 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of All Entities that May be Impacted by the Rule
The following entities must obtain a dog seller license under s.
173.41, Stats:
•
Any entity that sells 25 or more dogs in a year, coming from 3 or more litters (including a nonresident who brings dogs into this state for sale).
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Any entity that operates a dog breeding facility (a place at which dogs are bred and raised) from which 25 or more dogs, coming from 3 or more litters, are sold in a year.
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Any entity that operates an auction at which 50 or more dogs are sold or offered for sale in a year.
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Any entity that operates an animal shelter that is used to shelter at least 25 dogs in a year.
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Any entity that operates an animal control facility under a contract with a city, village, town, or county.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Currently, the United States Department of Agriculture (USDA) licenses and inspects fewer than 50 kennels in Wisconsin selling puppies wholesale. USDA establishes minimum facility standards for those licensed facilities.
Anticipated Economic Impact
DATCP expects the proposed rule to have no negative economic impact statewide and locally. Since dogs sellers who meet the definitions are already licensed and inspected, rule revisions will be designed to make clarifications or correct discrepancies identified in the rule. The rule will have no impact on local governmental units or public utility taxpayers.
Contact Person
Paul McGraw, DVM, Assistant State Veterinarian, DATCP; Phone (608) 224-4884.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on April 9, 2012.
Rule No.
Chapter
ATCP 1, Subch. VII, Wis. Adm. Code (Existing)
Relating to
Discretion in enforcement against small businesses.
Description of the Objective of the Rule
This proposed rule would modify current Ch.
ATCP 1, Subch. VII, which identifies the discretion DATCP may use in enforcing rule violations against small businesses. The existing rule was adopted as required by s.
895.59, Stats., “to disclose in advance the discretion DATCP will follow in the enforcement of rules and guidelines against small businesses".
2011 Act 46 created s.
227.04, Stats., which makes changes related to the discretion that an agency will use related to minor violations by small businesses and which requires adoption of rules to implement those changes. This rulemaking will enable DATCP to comply with the requirements of s.
227.04, Stats.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. DATCP adopted Ch.
ATCP 1, Subch. VII, in November 2006 to comply with the requirements of s.
895.59, Stats. Prior to the creation of s.
895.59, Stats., and the DATCP rules subchapter, DATCP exercised much the same discretion as is provided in the statute and rule when determining if and how to enforce regulation violations committed by small businesses. For example, DATCP has always considered the seriousness of the violation, the risk of harm to the public and past history of compliance when making enforcement determinations.
Proposed policies. DATCP will make those modifications to the subchapter that are needed to remain in compliance with ss.
227.04 and
895.59 Stats., and will examine other modifications to fine tune enforcement flexibility for small businesses.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Statutory authority for the rule is in ss.
227.04 (2) (b) and
895.59 (2), Stats. Section
227.04 (2) (b), Stats., requires DATCP, consistent with the requirements of s.
895.59, Stats., to “establish by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of minor violation". Section
895.59 (2), Stats., requires DATCP to promulgate a rule that requires it to disclose in advance the discretion it will follow in the enforcement of rules and guidelines against a small business.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.20 FTE staff to develop this rule. The estimate includes time required for analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of All Entities that May be Impacted by the Rule
This rule will affect small businesses that are in violation of DATCP regulations.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal rules have similar small business regulatory flexibility provisions.
Anticipated Economic Impact
DATCP expects the proposed rule to have no economic impact statewide and locally.
Contact Person
Dennis Fay, Assistant Legal Counsel, DATCP; Phone (608) 224-5006.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on April 12, 2012.
Rule No.
Relating to
Farmland preservation planning and zoning and farmland preservation agreements.
Rule Type
Permanent.
Description of the Objective of the Rule
This rule is intended to interpret and clarify provisions of chapter 91 relating to the Department of Agriculture, Trade and Consumer Protection's certification of farmland preservation plans and farmland preservation zoning ordinances. The rule shall specify certification requirements to ensure that farmland preservation plans and farmland preservation zoning ordinances meet the goals of the program. This shall include a clarification that the rationale used to delineate the farmland preservation areas should serve to preserve farmland. The rule shall also provide clarity to zoning ordinance standards and requirements for farmland preservation agreement applications. Under s.
91.02, Stats., the agency is granted the authority to promulgate rules for the administration of chapter 91. This includes rules to set forth technical specifications for farmland preservation zoning maps, rules to identify uses allowed in farmland preservation zoning districts, rules that specify requirements for certification of plans and ordinances, rules to require information on applications for farmland preservation agreements, and rules that clarify provisions of the statute.
Description of Existing Policies Relevant to the Rule, Proposed Policies to be Included in the Rule, and an Analysis of Policy Alternatives
History and background. Wisconsin's Farmland Preservation program was repealed and recreated under
2009 Wis. Act 28. The law was updated to acknowledge the growing pressures on farmland across the state and to curb the increasing conversion of farmland out of agricultural use.
The law now requires all Counties to update their farmland preservation plans before January 1, 2016. The farmland preservation planning process ensures that local governments evaluate the agricultural land within their boundaries and consider the role that agriculture plays in their local economy. Counties must submit farmland preservation plans to DATCP for certification. To be certified, the plan must meet certain statutory requirements such as describing the rationale used to determine the areas that the County intends to preserve for agriculture.
Farmland preservation zoning is an optional tool that local governments can take advantage of to protect farmland. Under the law, those local governments that choose to adopt farmland preservation zoning ordinances must update and submit their zoning ordinances to the state. Similar to farmland preservation plans, DATCP ensures that each zoning ordinance meets certain statutory requirements before it is certified. The certification process ensures that only compatible uses are allowed in the farmland preservation district to limit pressures on active agriculture created by the presence of incompatible uses. Once a zoning ordinance is certified, landowners within the farmland preservation district are eligible to collect tax credits.
Another tool available to landowners under the law is the farmland preservation agreement. By law, any new agreement must be located in a landowner-initiated and state-designated Agricultural Enterprise Area (AEA), and those areas must first be planned as Farmland Preservation Areas in county plans. Landowners with farmland preservation agreements are eligible to collect farmland preservation tax credits. By clustering agreements in these areas that are primarily devoted to agricultural use, farmland can be better protected under the recognition that a concentration of agriculture provides landowners with the confidence that the surrounding land will remain in agriculture. This confidence encourages landowners to not only continue farming but to make additional investments in their agricultural operations as well.
Proposed policies. The farmland preservation plan serves as the foundation to all other parts of the farmland preservation program. Land may only be zoned for farmland preservation or designated as an agricultural enterprise area (and covered by a farmland preservation agreement) if it is also planned for farmland preservation. It is critical, as a result, that an honest, objective planning process occurs in order to make sufficient land available for these other farmland preservation tools.
Planning that evaluates objective factors such as current land use, available agricultural infrastructure, and appropriate soil types also serves to ensure that the appropriate lands are included in the planned area and thus available to take advantage of those preservation tools. Through this rule, DATCP will specify that farmland preservation plans must contain a rationale that not only accurately describes the farmland preservation area, but is based on such objective factors to ensure that farmland is being preserved.
To aid local governments and landowners in taking advantage of farmland preservation tools once the planning process is complete, this rule will also seek to clarify the description of uses allowed in the farmland preservation zoning program as well as applications for entering into farmland preservation agreements. This part of the rule will be designed to recognize that uses in the farmland preservation zoning district should be compatible with active agriculture and should facilitate the ability of farmers to keep their land in the agricultural district. Along those same lines, DATCP will clarify the information required in farmland preservation applications to make sure that agreements signed serve to preserve farmland.
Alternative Policies. If the department does not develop this rule, Counties, Towns, and Municipalities will continue to update their farmland preservation plans and ordinances. However, local governments and farmers would fail to benefit from the clarity and direction that this rule could provide, causing added staff time at both the local and state level. In addition, farmers will continue to sign farmland preservation agreements with the state. A lack of clarity in the information required, however, will result in added staff time at the state and local level to complete agreement applications and sign agreements.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
91.02 (1) and
(2), Stats., give the department specific and general authority to establish rules that will clarify aspects of the program.
91.02 Rule making. (1) The department shall promulgate rules that set forth technical specifications for farmland preservation zoning maps under s.
91.38 (1) (d).
(2) The department may promulgate rules for the administration of this chapter, including rules that do any of the following:
(e) Specify requirements for certification under s.
91.18 (1) (b).
(f) Require information in an application for certification of a farmland preservation plan or amendment under s.
91.20 (4).
(g) Specify types of ordinance amendments for which certification is required under s.
91.36 (8) (b) 3.
(i) Specify requirements for certification of a farmland preservation zoning ordinance under s.
91.38 (1) (i).
(j) Require information in an application for certification of a farmland preservation zoning ordinance or amendment under s.
91.40 (5).
(k) Authorize additional uses in a farmland preservation zoning district under s.
91.42 (4).
(L) Authorize additional uses as permitted uses in a farmland preservation zoning district under s.
91.44 (1) (g).
(m) Authorize additional uses as conditional uses in a farmland preservation zoning district under s.
91.46 (1) (j).
(p) Require information in an application for a farmland preservation agreement under s.
91.64 (2) (h).
