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:
August 2, 2004 Basement Auditorium, Admin. Ctr.
Monday at 7:00 p.m. 400 4th Street North
La Crosse
August 3, 2004 University of Wisconsin
Tuesday at 7:00 p.m. Experimental Farm
W6646 Hwy. 70
Spooner
August 4, 2004 Room 310, Green Bay City Hall
Wednesday at 7:00 p.m. 100 N. Jefferson Street
Green Bay
August 5, 2004 Comfort Suites,
Thursday at 7:00 p.m. N14 W24121 Tower Place
(Hwy. J & I-94)
Pewaukee
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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Written comments on the proposed rule may be submitted to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 5, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
(Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.01 (1am),
30.12 (1p) (a) 3. and
(2m),
30.123 (6m) and
(6s),
30.20 (1k) (a) 2. and
(1m),
30.206 (1) (c),
(3) and
(3r) and
227.11 (2), Stats., interpreting ss.
30.01 (1am),
30.12 (1p) and
(2m),
30.123 (6m) and
(6s),
30.20 (1k) and
(1m),
30.206 (1) (c),
(3) and
(3r), Stats., the Department of Natural Resources will hold public hearings on the creation of ss.
NR 1.016,
1.05,
1.06 and
1.07, Wis. Adm. Code, relating to Natural Resources Board policies on protection and management of public waters.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The purpose of this rule is to establish policy guiding the Department's actions as a trustee of public waters and to set the process the Department will follow when determining waters to be Areas of Special Natural Resource Interest (ASNRI), waters or portions thereof containing Public Rights Features (PRF) and Priority Navigable Waters (PNW).
The proposed rule creates s.
NR 1.05 (Areas of Special Natural Resource Interest) establishing board policy, describing qualities of waters with significant scientific value and identifying the ASNRI waters; s.
NR 1.06 (Public Rights Features) identifying characteristics of locations of critical habitat, natural features and similar physical attributes essential to maintaining public rights; and s.
NR 1.07 (Priority Navigable Waterways) identifying qualities of waters with sensitive fish and aquatic habitat and listing the PNW.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.12 (1p),
30.123 (6s),
30.20 (1k),
30.206,
30.208,
30.209,
30.28,
30.291,
30.298,
227.11 (2),
281.22,
281.36 and
281.37, Stats., interpreting ss.
30.10 to
30.27, 30,291,
31.02 to
31.38,
281.22,
281.36 and
281.37, Stats., the Department of Natural Resources will hold public hearings on the repeal of ch.
NR 322, revisions to ch.
NR 300 and the creation of ch.
NR 310, Wis. Adm. Code, relating to timelines and procedures for exemptions, general permits and individual permits for activities in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new regulatory framework where activities are either:
1. Authorized as exemptions;
2. Allowed under a general permit through rules adopted by the Department; or.
3. Reviewed under an individual permit process.
The legislation also modifies timelines for permit processing. The purpose of these rule changes is to establish clear procedures and timelines for the processing of exemption, general permits and individual permits under the revised law. Changes include:
•
DNR must determine whether an application is complete within 30 calendar days (was 60 days)
•
DNR must act on a general permit within 30 calendar days or the permit is presumptively approved (previously there were no general permits).
•
DNR must make a final determination on individual permits not requiring a public notice within 105 calendar days (was generally 120 days).
•
DNR must make a final determination on individual permits requiring a public notice within 150 calendar days (was generally 180 days).
•
DNR must make determinations on exemption requests that grant permission to inspect the property within 15 days or the exemption is presumptively approved (previously there were not exemption determination requests).
Chapter NR 322 is repealed to eliminate an obsolete rule on general permits. It is replaced by ch. NR 310 which establishes specific procedures used for exemptions, general permits and individual permits. These processes were written to be in strict conformance with procedures and timelines established in Act 118. The most complex changes are in the public notice and hearing process that was significantly changed by the statute. Important changes include:
•
Individual permits are required for all activities which are not exempt and not covered by a general permit. A 30-day public notice is now required for all individual permits.
•
The applicant will be responsible for providing adequate written notice to all interested persons and publishing the public notice.
•
A public hearing option is added before the DNR's decision, which is then subject to an administrative hearing.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br), 30.123 (6s) and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(c) and
(d),
(1p),
(2m),
(2r),
(3) and
(3m) and
30.20 (1g) (b) 2., Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 323, Wis. Adm. Code, related ti fish and wildlife habitat structures in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new regulatory framework where activities are either authorized as exemptions; allowed under a general permit through rules adopted by the Department; or reviewed under an individual permit process. This rule establishes standards for fish and wildlife structures that can be placed with an exemption or under a general or individual permit .
This rule establishes construction, design and placement standards for projects to be eligible for statutory exemptions, establish general permits and to establish standards for projects that may be authorized under an individual permit. Chapter
NR 323 defines and described design standards for half a dozen commonly used fish habitat structures that would qualify for exemptions in all waters other than "areas of special natural resources interest" and establishes general permits for those same projects in “areas of special natural resources interest". These include: fish cribs, fish spawning reefs, wing deflectors, tree drops, half log structures and wildlife nesting structures.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.121 and
227.11 (2), Stats., interpreting s.
30.121, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 325, Wis. Adm. Code, relating to boathouses and fixed houseboats in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new exception from the prohibition on over-the-water boathouse construction, for commercial boathouses that meet certain requirements. The purpose of this rule revision is to modify the existing rule to reflect the new and existing exception allowed under the statute, and to establish standards and clear procedures for obtaining certification of boathouse repair, or certification that a project is eligible for a statutory exception.
•
Renumber sections to provide a more logical flow
•
Repeal s.
NR 325.06 relating to exemptions, which is obsolete based on statutory changes
•
Establish a procedure in s.
NR 325.07(5) that all certifications must be recorded with the Register of Deeds, to inform future property owners.
•
Establish a procedure in s.
NR 325.08 for obtaining certification that a project qualifies for an exception; the procedure is comparable to the existing procedure for repair certification.
•
Make housekeeping changes to renumbered s. NR 325.10 to clarify the information to be submitted with an application for repair certification.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3)(br),
30.206 and
227.11(2), Stats., interpreting ss.
30.12 (1g) (a),
(g),
(h) and
(km),
(2m),
(2r),
(3) and
(3m) and
30.20 (1g) (b) 2., Stats., the Department of Natural Resources will hold public hearings on the creation of ch.
NR 329, Wis. Adm. Code, relating to miscellaneous structures in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new regulatory framework where activities are either authorized as exemptions; allowed under a general permit through rules adopted by the Department; or reviewed under an individual permit process. This rule establishes standards for fish and wildlife structures that can be placed with an exemption or under a general or individual permit.
This rule establishes construction, design and placement standards for projects to be eligible for statutory exemptions, establish general permits and to establish standards for projects that may be authorized under an individual permit. Chapter
NR 329 defines and describes design standards for three activities -- dry fire hydrants, intake/outfall structures and pilings – that qualify for exemptions in all waters other than “areas of special natural resource interest", and establishes general permits for those same projects in “areas of special natural resource interest". The rule also establishes general permits for three additional activities – fords across waterways, mechanical weed rakes and boat ramps. General permits are not allowed in areas of special natural resource interest and permits must follow technical standards similar to those previously used for short form permits or in Department guidance.
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 affected will include building contractors, small-scale land developers and consultants to provide plans or design for projects along public navigable waterways.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing are the skills needed to comply with these rules. While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses is likely to create controversy, then professional ecological or engineering expertise may be helpful.
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 Department will hold an open house from 3:00 p.m. to 5:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, July 27, 2004 6:00 p.m.
Video conference participation will be available at:
Room C103
UW-Waukesha
1500 University Drive
Waukesha
LRC203
Nicolet Area Tech. College
Lake Julia Campus
Highway G South
Rhinelander
Wednesday, July 28, 2004 at 6:00 p.m.
Video conference participation will be available at:
Old Library OL1132
UW-Eau Claire
105 Garfield Avenue
Eau Claire
Room 218
UW-Wausau
