Wisconsin Legislature: Text

This rule involves federal funds and does not impact state funds. Existing agency staff will administer the provisions of this rule.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Division of Economic Development web site at:
www.commerce.state.wi.us/ED/ED-Org.html

Paper copies may be obtained without cost from Richard Meyer, Department of Commerce, Code Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rmeyer@commerce.state.wi.us, telephone (608) 266-3080. Copies will also be available at the public hearings.

Todd Kearney, Acting Division Administrator

608-266-6675

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 169.02, 169.24 (3) and 169.36, Stats., interpreting ss. 169.02 (3), 169.04 (2) (a) 1., 169.05 (1), 169.06 (1) (a), 169.07 (1) (a), 169.085, 169.11 (3) (b) 2., 169.24 and 169.36, Stats., the Department of Natural Resources will hold public hearings on the renumbering of the current subch. II of ch. NR 19 and the creation of a new subch. II of ch. NR 19, Wis. Adm. Code, relating to wildlife rehabilitation licenses and activities. As of January 1, 2003, wildlife rehabilitators and other holders of captive wildlife were subject to regulation under ch. 169, Stats. This includes new licenses and requirements of operation. This rule implements those license requirements of operation.

Specifically, this rule establishes the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations and requirements for rehabilitation licenses. To create room in ch. NR 19 for the rehabilitation rules, the Wildlife Damage subchapter is being moved to ch. NR 12.

These rules define the purpose of the subchapter, create definitions, outline general rehabilitation guidelines, create standards for obtaining either a basic or advanced license, application requirements, examination standards, facility inspection guidelines and authorities, facility housing standards, care and treatment standards, infectious disease reporting requirements, record keeping and reporting requirements and establishes the requirements and duties of advanced sponsors and the rehabilitation advisory committee.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that 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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Tuesday, June 17, 2003 at 6:00 p.m.

Council Chambers, Wausau City Hall

407 Grant Street

Wausau

Thursday, June 19, 2003 at 1:00 p.m.

Room 511, GEF #2

101 South Webster Street

Madison

NOTICE IS HEREBY FURTHER GIVEN that 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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than June 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-08-03] and fiscal estimate may be obtained from Mr. Thiede.

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.11 (1), 23.28 (3), 27.01 (2) (j) and 227.11 (2) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.28 (3), 27.01 (2) (I) and (j) and 28.04 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 45, Wis. Adm. Code, relating to use regulations on Department properties. Fee increases are being proposed for items such as trail passes, group camping, and electrical services for campgrounds. An increase in the number of Type “A" campgrounds is also being proposed, which would result in increased fees. A new rule has been proposed that stipulates that additional fees for water view campsites may be charged.

A rule is being proposed to prohibit commercial filming, commercial photography or provision of services for a fee in state parks, state recreation areas or southern forests that involves the provider's physical presence unless first authorized by contractual agreement or a department commercial use permit. The rule prohibiting the transplanting, relocation, stocking or release of any plant or animal within the boundaries of any state natural area would now apply to all state properties. Oakfield Ledge will be closed between the hours of 8:00 p.m. and 6:00 a.m. The language of several existing rules has been modified for clarification purposes.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Small businesses conducting business of department lands, such as commercial photographers, ski schools, climbing schools, horse trip guides and scuba diving schools.

b. Description of reporting and bookkeeping procedures required: Application for a permit and payment of a $30 annual commercial use permit.

c. Description of professional skills required: No new skills.

NOTICE IS HEREBY FURTHER GIVEN that 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.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Monday, June 16, 2003 at 1:30 p.m.

Room 027, GEF #2

101 South Webster

Madison, WI

Tuesday, June 17, 2003 at 4:00 p.m.

Council Chambers, Wausau City Hall

407 Grant St.

Wausau, WI

Video conference participation at:

Wednesday, June 18, 2003 at 10:00 a.m.

Room 618, State Office Building

200 N. Jefferson St., Green Bay

Conference Room, DNR Region Hdqrs., 810 W. Maple St., Spooner

NOTICE IS HEREBY FURTHER GIVEN that 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 Kate Fitzgerald at (608) 267-2764 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Ms. Kate Fitzgerald, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707 no later than June 27, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LF-19-03] and fiscal estimate may be obtained from Ms. Fitzgerald.

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.33 (9) and 227.11 (2) (a), Stats., interpreting s. 23.33 (9), Stats., the Department of Natural Resources will hold a public hearing on amendments to s. NR 64.14 (2), Wis. Adm. Code, relating to reimbursement of eligible expenses on all-terrain vehicle trails. The proposed rule reflects the increased costs to sponsors for the maintenance of all-terrain vehicle trails. The maximum summer reimbursement rate increases from $220 per mile to $450 per mile and the maximum winter reimbursement rate increases from $80 per mile to $100 per mile.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that 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.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Wednesday, June 11, 2003 at 1:00 p.m.

Council Chambers, Wausau City Hall

407 Grant St.

Wausau

NOTICE IS HEREBY FURTHER GIVEN that 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 Larry Freidig at (608) 266-5897 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Larry Freidig, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 13, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [CF-23-03] and fiscal estimate may be obtained from Mr. Freidig.

NOTICE IS HEREBY GIVEN that pursuant to ss. 283.33 (8) and (9) and 227.11 (2) (a), Stats., interpreting s. 283.33, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of ch. NR 216, Wis. Adm. Code, relating to storm water discharge permits. Chapter NR 216 is being repealed and recreated in response to U.S. EPA's Phase II storm water regulations (64 FR 68722, December 8, 1999) and amendments to s. 283.33, Stats., contained in 2001 Wisconsin Act 16, which require changes to the Department's storm water discharge permit program in order to comply with the revised federal storm water regulations.

Chapter NR 216 establishes criteria defining those storm water discharges needing WPDES storm water discharge permits, as required by s. 283.33, Stats. The goal of this chapter is to eliminate to the maximum extent practicable the discharge of pollutants carried by storm water runoff into waters of the state from certain industrial facilities, construction sites and municipal storm water runoff.

Changes to ch. NR 216 include lowering the construction permit threshold to one acre of land disturbance from 5 acres and establishing associated permit requirements, defining which municipalities must apply for storm water permits and identifying other municipal discharges that may require permit coverage, establishing new application and permit criteria for municipal storm water discharge permits, and revising the applicability criteria and an exemption for certain industrial facilities to require permit coverage where previously exempted.

These revisions will significantly increase the number of municipal separate storm sewer systems and construction sites that must have permit coverage and will also require many industrial facilities to certify that they do not discharge contaminated storm water. The storm water permit fee system is also revised to provide appropriate funding to administer the program.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Construction site operators and certain industrial facilities.

b. Description of reporting and bookkeeping procedures required: For the construction site operators, the same procedures apply as required for construction sites of 5 or more acres. Industrial facilities affected shall certify once every 5 years that they have no contaminated storm water (previously no reporting was required).

c. Description of professional skills required: Smaller construction sites will require the same skills used with 5-acre construction sites. No new skills are required for industrial facilities.

NOTICE IS HEREBY FURTHER GIVEN that 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.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, July 21, 2003 at 1:00 p.m.

Room M30A, Chippewa Valley Tech. College

620 W. Clairemont Ave.

Eau Claire

Tuesday, July 22, 2003 at 1:00 p.m.