Amend ch.
NR 115 - Wisconsin's Shoreland Management Program.
Policy Analysis
Pursuant to ss.
59.692 and
281.31 Wis. Stats., ch.
NR 115 provides that shoreland zoning regulations shall: “further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses, and reserve shore cover and natural beauty." NR 115 contains the statewide minimum standards for the shoreland zoning in unincorporated areas. With the exception of the wetland provisions added in the early 1980's, the basic county shoreland zoning standards have essentially remained unchanged since NR 115 was created. However, a number of the provisions found in NR 115 are outdated and/or difficult to enforce. In addition, development pressures have increased, more property owners want to improve nonconforming structures, are seeking variances, and the resulting impacts need to be addressed.
Groups likely to be impacted by these issues include a) property owners; b) zoning administrators and county officials; c) realtors; d) contractors, and others who provide land alteration services; e) members of the public who recreate on or near navigable waters.
The county shoreland zoning standards found in NR 115 were established in the late 1960's based on a combination of the best available scientific information, professional judgment, and the feasibility of implementation. The standards for minimum lot widths, restrictions on vegetative cutting, and the building setback distances were intended to create a buffer to minimize disturbances to aquatic resources and preserve the natural beauty of our lakes, rivers and streams.
Current development pressures pose major challenges to the Shoreland Management Program, primarily because the state standards in NR 115 have not been amended to keep pace with the changing times. Waterfront development is booming across the state, with property values increasing up to 400% in the early 1990s for some northern counties. In southeast Wisconsin, most lakes larger than 10 acres have developed shorelines. Many homeowners and visitors seek out lakes and rivers as havens to enjoy natural beauty in a quiet setting, yet the sheer number of users and owners can create user conflicts and put pressure on limited resources. The scarcity of prime waterfront lands means that areas once passed over for residential development are now being developed.
Statutory Authority
Staff Time Required
820 hours.
Natural Resources
Subject
NR 324, Shore Protection for Wisconsin Inland Lakes/Flowages. This order codifies standards for Department decisions on permit applications for shoreland alternations for the purpose of shore protection. The rules will prevent adverse effects of shore protection construction and to achieve consistency in the application of navigable water laws for the construction of shore protection.
Policy Analysis
This rule will provide shore protection standards for inland lakes & flowages. The rule will describe: 1) Standard Bioengineering designs for shore protection; 2) Designs for traditional hard armoring (riprap and retaining walls); and 3) Technical designs for offshore wave protection structures (tree-drops, branch box breakwater, temporary screens, geotextile roll, floating-breakwaters, stone dikes, stone island). The rule draft will classify types of inland lakes/flowages of similar exposure for the purpose of administering a shore protection program. The rule will guide appropriate erosion designs to balance the needs of erosion control with minimizing nearshore alterations. Within each tier or class of inland lake shore protection treatments will be grouped into one of four regulatory categories; 1) designs encouraged with no regulatory review; 2) designs encouraged with minimal review (short-form process); 3) designs discouraged or with critical review (long-form process); and 4) designs prohibited. The rule will also define structure as opposed to fill for purposes of shore protection.
Permitting of these shore protection structures is currently addressed through Departmental guidance. This rule will establish consistency in decision-making while offering better protection to nearshore habitats. The rule will encourage erosion control practices that are beneficial to fish and wildlife habitat, and also prohibit practices that severely degrade nearshore habitats and can be accomplished by other more appropriate techniques.
Statutory Authority
Staff Time Required
720 hours.
Natural Resources
Subject
Chapter
NR 726 Case Closure - relating to the application of deed restrictions and GIS registry notification to closure of contaminated properties with residual soil contamination.
Chapter
NR 749 - relating to fees for providing assistance; remediation and redevelopment program.
Policy Analysis
The rule change is proposed to clarify the criteria for applying deed restrictions to contaminated properties where residual soil contamination remains after site closure. The rule changes include a soil geographic information system (GIS) registry to replace the use of soil deed notices. The soil GIS registry will be analogous to the groundwater GIS registry currently under development by the Department. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination. The rule change will help ensure consistent application of deed restrictions by staff at the Department of Natural Resources and the Department of Commerce. Fees will be charged at the time closure is requested to maintain the soil GIS registry. The rule change will affect owners of contaminated properties by clearly establishing the type of institutional control that will be used by the agencies at the time of closure. The soil GIS registry will provide the public with access to information about properties closed with residual soil contamination.
Currently, deed restrictions and deed notices are placed on contaminated properties with residual soil contamination largely at the discretion of agency staff. Chapter
NR 726 currently requires deed restrictions only for industrial properties with soil contamination above non-industrial soil cleanup standards. The proposed rule change will establish specific criteria for applying soil deed restrictions in other situations as well. Use of soil deed notices will be eliminated from the current rule and the GIS registry for groundwater contamination will be expanded to include sites with residual soil contamination remaining at the time of closure. Establishment of fees to maintain the soil GIS registry is NOT a change from past policy. Currently, fees are charged for registering sites with contaminated groundwater.
Statutory Authority
Staff Time Required
207 hours.
Public Service Commission
Subject
Chapter
PSC 114, Wis. Adm. Code - Wisconsin State Electrical Code (WSEC) Volume 1, relating to electric safety of utility facilities.
Policy Analysis
The objective of this rulemaking is to incorporate into the Administrative Code revisions to the National Electrical Safety Code that have been adopted since 1997.
Volume 1 of the State Electrical Code, codified in ch.
PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.
Chapter
PSC 114 has been and is based on the National Electrical Safety Code (NESC), which is also known as American National Standards Institute (ANSI) C2. The NESC is revised and updated every five years necessitating subsequent periodic revision of WSEC, Volume 1 to adopt the latest national standard. In 1979, 1982, 1985, 1988, 1991, 1994, and 1997, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, and 1997 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in ch.
PSC 114, Wis. Adm. Code.
The 2002 edition of the NESC will be issued in August 2001 and a corresponding revision of Chapter
PSC 114 is now desired to complement the latest edition of the national code, correct deficiencies, and make any other necessary changes to update and improve the code. Usually, a volunteer technical advisory committee is appointed to prepare, review, and recommend change proposals. Typically, representation includes persons from affected utilities, railroads or related trade associations, unions, the Department of Commerce, Commission staff, and public members.
Statutory Authority
Staff Time Required
The Commission estimates that approximately two hundred (200) hours of employee time will be required to develop the proposed revision. No additional resources are likely to be needed in order to complete this project.
Transportation
Subject
This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 7 highway segments to the network. The actual segments being proposed are:
STH 107 from CTH “A" to STH 64
CTH “A" from STH 97 to CTH “K"
CTH “K" from Wausau to Merrill
CTH “Q" from CTH “K" to USH 51
CTH “U" from STH 107 to USH 51
STH 97 from STH 29 S. of Athens to STH 64
STH 77 from USH 53 in Minong to USH 63 in Hayward
Policy Analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to deal with changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received requests from Marth Transportation, Inc., in Marathon County and Con-Way Express in Hayward to add these highway segments.
Statutory Authority
Staff Time Required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
