Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
This rule repeals and recreates current rules related to Wisconsin's soil and water resource management program. The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers this program under ch.
92, Stats. The program is designed to conserve the state's soil and water resources, reduce soil erosion, prevent pollution runoff and enhance water quality. This rule spells out program standards and procedures. Among other things, this rule:
• Requires farm conservation practices, subject to cost-sharing.
• Creates a farm nutrient management program.
• Spells out standards for cost-shared practices.
• Spells out standards for county programs.
• Spells out standards and procedures for DATCP grants to counties.
• Spells out standards and procedures for county cost-share grants to landowners.
• Spells out standards for soil and water professionals (agricultural engineering practitioners, nutrient management planners and soil testing laboratories).
• Coordinates state and local regulation of farm conservation practices.
The Legislature has mandated a comprehensive redesign of state programs related to nonpoint source pollution. Among other things, the Legislature has directed DATCP and the Department of Natural Resources (DNR) to establish conservation standards and practices for farms. The Legislature also directed DATCP to adopt rules related to nutrient management on farms. This rule implements the redesigned nonpoint program.
This rule will have a major impact on farmers, many of whom qualify as “small businesses." Other businesses may also be affected. Those businesses include nutrient management planners, soil testing laboratories, farm supply organizations, agricultural engineering practitioners, and contractors installing farm conservation practices.
DATCP has worked extensively with farm representatives and DNR in order to minimize adverse effects on small business. DATCP held extensive consultations with advisory councils, held numerous public hearings throughout the state, prepared simplified information materials, and made extensive changes in its final draft rules to accommodate small business. Remaining requirements are needed to implement DNR pollution runoff requirements and farm conservation practices. DATCP has also worked extensively to clarify cost-sharing requirements, which are important for the successful implementation of conservation practices on farms.
Summary of Comments of Legislative Standing Committees
On February 20, 2002, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Environmental Resources and the Assembly Committee on Agriculture.
• On April 4, 2002, the Senate committee and the Assembly committee held an informational hearing on this rule. The Assembly committee took no further action on this rule.
• On April 18, 2002, the Senate committee held a public hearing on this rule. On April 24, 2002, the Senate committee requested DATCP to consider these rule modifications:
• Include standards and specifications adopted under s.
92.07 (2), Stats. within the definition of “local regulations,"
• Exclude any land occupied by a physical structure constructed to comply with a conservation practice, such as a manure storage facility, from the cost-sharing requirements for land taken out of production, and
• Amend s.
ATCP 50.12 (5) to require approval of a county land and water resource management plan that complies with s.
ATCP 50.12, and amend s.
ATCP 50.12 to specify the criteria that the department will use to approve or disapprove a plan.
DATCP agreed to modify its rule, as requested.
An order affecting ch. ElBd 7, relating to approval of electronic voting equipment.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small business, as defined in s.
227.114 (1), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
ETF 20, relating to the annuity dividend effective date and the proration of annuity dividends.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
HFS 112, relating to approval of emergency medical technician-paramedic operational plans.
Part Effective 10-1-02
See November 2001 Wis. Adm. Register for the summary of final regulatory flexibility analysis.
An order affecting ch.
Ins 17, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2002 and relating to the Wisconsin health care insurance plan's primary limits.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments were received.
Natural Resources
(CR 00-025, 00-026, 00-027, 00-028, 00-034, 00-035 and 00-036)
Orders affecting chs.
NR 120,
151 to
155,
216, and
243, relating to nonpoint source pollution.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
Proposed chs.
NR 151,
216 and
243 will have a significant economic impact on a substantial number of small businesses. The type of small business affected by the agricultural performance standards in proposed ch.
NR 151, subch. II are crop and livestock productions. Some livestock facilities with 1,000 or more animal units affected by proposed ch.
NR 243 may be classified as small businesses. Also, some livestock producers with operations under 1,000 animal units who meet the definition of a small business may be affected by proposed ch.
NR 243 if they meet the criteria of a point source under federal regulations.
For the nonagricultural performance standards in proposed ch.
NR 151, subchs. III and IV, any small business that undertakes construction involving land disturbance on sites over 5 acres (one acre in 2003) will be affected. These businesses must meet the performance standards both for the construction phase and the post-construction phase of the project. Compliance with the performance standards will be identified in both an erosion control plan and a storm water management plan. Small businesses established after the effective date of the proposed rule that are required to obtain industrial storm water permits must also meet post-construction performance standards by describing and installing best management practices (BMPs) as required in their storm water pollution prevention plan. Managers of turf areas, including golf courses, will also be affected by the nonagricultural performance standards. Revision to ch.
NR 216 that incorporate the nonagricultural performance standards will impact small businesses.
Most small businesses regulated by these rules are not required to submit reports to the department. Concentrated animal feeding operations are already required to report annually as part of their WPDES permit. The rules do not change this. A change in proposed ch.
NR 243 puts the burden of applying for a WPDES permit on an operation under 1,000 animal units if it meets the definition of a point source under the Clean Water Act. This requirement may potentially increase the number of livestock operations that are required to report to the department.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held public hearings on February 13, 2002 and February 27, 2002. No modifications were requested.
The Senate Committee on Environmental Resources held a public hearing on March 5, 2002. The Senate Committee on Environmental Resources adopted a motion that recommended the department consider modifications to include a modification that creates an agricultural performance standard that requires a buffer of vegetative cover between a cropped field, pasture or woodlot, and navigable waters or an area that is either susceptible to groundwater contamination or has the potential to be a direct conduit for contamination to reach groundwater.
At its May 22, 2002 meeting, the Natural Resources Board adopted a resolution that directed the Department to assist in and promote the organization and funding of additional agricultural buffer research managed through the University of Wisconsin College of Agriculture and Life Sciences and implemented through the Wisconsin Agricultural Stewardship Initiative with a report on the findings of this research due no later than December 31, 2005. Further, the Department shall initiate a revision to the nonpoint source pollution performance standard administrative rule to incorporate an agricultural buffer performance standard based on this research report and complete the rule making process no later than December 31, 2007, and that if no report is issued by the December 31, 2005 date, that the department initiate a revision to the nonpoint source pollution performance standards to incorporate an agricultural buffer performance standard. This resolution was acceptable to the Senate Committee on Environmental Resources.
An order affecting ch.
NR 20, relating to fishing on the inland and outlying waters of Wisconsin.
Effective 10-1-02; 3-1-03; 4-1-03
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individual anglers. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting ch.
NR 10, relating to hunting.
Effective 10-1-02; 1-5-03
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individuals. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting chs.
NR 10, and
15 to
17, relating to hunting, trapping and captive wildlife.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individuals. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting ch.
RL 128, relating to education requirements prior to first renewal, courses and examinations, approval of educational programs, courses and instructors.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Effective 10-1-02
