Rule-making notices
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
[CR 03-087]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b), 227.11 (2) and 443.10 (1) and (2), Stats., and interpreting s. 443.10 (1) and (2), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to renumber and amend s. A-E 4.09 (intro.), (1) to (4); and to create s. A-E 4.09 (2), relating to application contents for professional engineers.
Hearing Date, Time and Location
Date:   April 15, 2004
Time:   8:00 A.M.
Location:   1400 East Washington Avenue
  Room 179
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 15, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 443.10 (1) and (2), Stats.
Statutes interpreted: s. 443.10 (1) and (2), Stats.
Current rules define contents of applications for registration for professional engineers. Section A-E 4.09 provides that applications for registration will include specific information and documentation that will verify the applicant's education, experience and training. The current rules do not provide specific application requirements for different types of applicants. For example, applications for initial registration now require the same documentation as applications by comity. Because applicants by comity are already registered and practicing in another state, the documentation needed by the professional engineer section to determine their eligibility for registration in Wisconsin is not the same as that needed for an applicant for initial registration.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Wis. Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.104 (1), 29.041 and 227.11 (2), Stats., interpreting ss. 29.014 (1) and 29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 20, 21, 22, 23 and 26, Wis. Adm. Code, relating to sport fishing regulations on the inland, outlying and boundary waters of Wisconsin. The proposed housekeeping and minor noncontroversial revisions were suggested by field and central office staff in the Bureaus of Fisheries Management and Habitat Protection and Law Enforcement. These changes are not expected to have any impact on the fishing public. Instead these changes provide clarity to existing rules and fix minor wording mistakes in the administrative code. The proposed order contains the following revisions:
1. Amends the definitions of bag limit and possession limit in order to clarify that bag limits apply to individual waters or portions of waters and that anglers can fish multiple waters and combine those bag limits up to the total daily bag limit. Creates a definition for total daily bag limit and creates those for all sport fish species based on current statewide daily bag limits.
2. Amends the definition of “trout stream" to clarify it may apply to portions of waters and not the entire water.
3. Clarifies that a sturgeon that is caught and not immediately released must not only be immediately tagged, but that the tag must be validated.
4. Clarifies that underwater spearing of white bass, yellow bass, rock bass, panfish and bullheads by skin or scuba diving are subject to the same seasons, size limits and bag limits that apply to hook and line anglers.
5. Deletes reference to the sale of turtles from ch. NR 20 because it is now covered by captive wildlife rules and adds a note referring to ch. NR 19.
6. Clarifies the boundary up to which trolling is allowed on tributaries to Chippewa River flowages in Chippewa and Eau Claire counties by defining an easily observed marker (bridge).
7. Clarifies the downstream boundary for the catch and release only stretch of Black Earth creek, Dane county, by identifying the specific location of “Park Street" as being immediately east of the village of Black Earth.
8. Eliminates unnecessary language referring to sloughs, bayous and flowages of the Chippewa river in Pepin county.
9. Extends the ending date for the trout fishing season on Clarey lake, Crescent lake, Ice House lake and Lower Pine lake in Polk county from September 30 to the first Sunday in March. These trout lakes, which are managed to provide an ice fishery for trout as well as an open water fishery, were inadvertently put in the countywide regulation category for Polk county during the major trout regulation simplification in 2002.
10. Updates the reference to ch. NR 20 on the use of nets for smelt on the St. Louis river. The current code refers to the section in ch. NR 20 prior to a major rewrite.
11. Corrects a misprint in the location of a refuge on Squaw creek, Price county.
12. Eliminates a refuge on the Fox river, Marquette county after removal of the dam at which the refuge was located.
Initial Regulatory Flexibility Analysis
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:
Monday, April 19, 2004 at 1:00 p.m.
Room 511, GEF #2
101 South Webster Street
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 Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No fiscal impact is anticipated.
Copies of Rule and Contact Person
Written comments on the proposed rule may be submitted to Mr. Patrick Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than April 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Schmalz.
Notice of Hearings
Natural Resources
(Environmental Protection - WPDES)
NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2), Stats., interpreting ss. 283.001, 283.31 and 283.55, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch. NR 208, Wis. Adm. Code, relating to wastewater treatment works compliance maintenance. The Compliance Maintenance Annual Report (CMAR), required under ch. NR 208, has been a self-evaluation reporting requirement for publicly and privately owned domestic wastewater treatment works since 1987. The rule encourages, and, where necessary, provides a mechanism requiring owners of domestic wastewater treatment systems to take actions preventing violations of permit effluent limits and avoiding water quality degradation. The self-evaluation required by the rule effectively encourages actions which promote the owner's awareness and responsibility for wastewater collection and treatment needs; maximizes the useful life of the sewerage system through improved operation and maintenance; and initiates formal planning, design and construction for needed system upgrades. Municipalities use the CMAR as a tool for long-term planning and budgeting for future wastewater treatment needs. The CMAR program reduces the likelihood of enforcement actions because problems are prevented or corrected.
The proposed rule revisions update CMAR requirement so they are consistent with other WPDES and wastewater-related rule changes over the past 10 years. The proposed CMAR rule revisions create a new letter grading system to assess overall performance and operation. A new web-based CMAR form provided by the Department will contain data previously submitted by the owner, thereby helping to streamline the reporting process for both the owner and the Department. Electronic submittal of the CMAR form will be required in 2005 for data gathered during calendar year 2004.
From 1996 through 2000, there were 480 instances in which 162 Wisconsin communities had sanitary sewer overflows into Wisconsin waters without treatment. To help address this problem, approximately 310 collection systems that have been issued a WPDES general permit for these systems will be subject to the CMAR requirements under the proposed rule for the first time.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.