Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the April 30, 2005, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Commerce
(CR 04-130)
An order affecting ch. Comm 113, relating to allocation of volume cap on tax-exempt private activity bonds. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
There are no small businesses that will be affected by the proposed rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 02-099)
An order affecting ch. NR 328, relating to shore erosion control of inland lakes and impoundments. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. Following the public hearing, both Committees requested modifications. On March 8, 2005, the Natural Resources Board adopted modifications that would allow a site to be eligible for a general permit for rock armoring where, despite proper installation of biological shore erosion control, recession is measured at the site equal to or greater than 0.5 foot per year. The Committees did not request any further modifications to the rule.
Natural Resources
(CR 04-060)
An order affecting ch. NR 198, relating to grants for the control of aquatic invasive species. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Small business is not directly affected by the rule because grants are issued only to governmental units or nonprofit organizations. Therefore, under s. 227.114, Stats., a regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. The Assembly Committee on Natural Resources held a public hearing on February 2, 2005. No modifications were requested.
Natural Resources
(CR 04-062)
An order affecting ch. NR 329, relating to miscellaneous structures in navigable waterways. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. No modifications were requested as a result of the hearing.
Natural Resources
(CR 04-063)
An order affecting ch. NR 325, relating to boathouses and fixed houseboats in navigable waterways. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. No modifications were requested as a result of the hearing.
Natural Resources
(CR 04-064)
An order affecting ch. NR 323, relating to fish and wildlife habitat structures in navigable waterways. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. No modifications were requested as a result of the hearing.
Natural Resources
(CR 04-065)
An order affecting chs. NR 300, 310 and 322, relating to timelines and procedures for exemptions, general permits and individual permits for activities in navigable waterways. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. Subsequent to that public hearing the Department submitted germane modifications to the proposed rule incorporating the Natural Resources Board's December 8, 2004, motion directing the Department to evaluate the performance of the rules, involving key stakeholders and reporting to the Board and the Senate and Assembly Natural Resources Committees. The Committees did not request any modifications to the proposed rule.
Natural Resources
(CR 04-066)
An order affecting ch. NR 1, relating to Natural Resources Board policies on protection and management of public waters. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. Subsequent to that public hearing the Department submitted germane modifications to the proposed rule incorporating the Natural Resources Board's December 8, 2004, motion directing the Department to evaluate the performance of the rules, involving key stakeholders and reporting to the Board and the Senate and Assembly Natural Resources Committees. The Committees did not request any modifications to the proposed rule.
Natural Resources
(CR 04-078)
An order affecting chs. NR 10 and 19, relating to the regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed revisions to chs. NR 10 and 19, which regulate baiting and feeding of deer, impose no compliance or reporting requirements for small businesses, nor are there any design or operational standards contained within the proposed rule. However, prior to April 2002, recreational feeding of deer was unregulated, and now that restrictions on recreational feeding are in place, it may impact the profits of small businesses.
In accordance with s. 227.114, Stats., the Department has considered the possible implications of these rules on small business; however, under the authority of s. 227.114 (3), Stats., any modification of the rules would undermine the effectiveness of the rule. In addition, the Department weighed the economic impact to the state of a potential collapse of the deer herd, which is an increased risk under continued baiting and feeding, against the economic burden that is placed on feed mills in the state with the baiting and feeding ban.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 2, 2005, the Assembly Committee on Natural Resources held a public hearing. As a result of the hearing, the Department was requested to make a modification that would allow a person to place, use or hunt over a maximum of 2 gallons per 40 acres. This 2 gallons may be placed at one site, or the bait could be placed in a series of smaller sites around the property. A similar change was proposed for the regulations of feeding. The proposed modification would allow no more than 2 gallons to be placed per owner-occupied residence or business, rather than just one feed site per residence or business.
The Natural Resources Board adopted the suggested modifications.
Natural Resources
(CR 04-084)
An order affecting ch. NR 320, relating to the regulation of bridges and culverts in or over navigable waterways. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. No modifications were requested as a result of the hearing.
Natural Resources
(CR 04-085)
An order affecting chs. NR 340 and 341, relating to regulation of grading on the bank of a navigable waterway. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Transportation. On February 23, 2005, the Committees held a joint public hearing. No modifications were requested as a result of the hearing.
Natural Resources
(CR 04-086)
An order affecting chs. NR 340 and 343, relating to regulation of construction, dredging and enlargement of an artificial water body. Effective 5-1-05.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption or apply for a general permit or individual permits. To obtain a permit, small businesses follow the same requirements as other waterfront property owners.
Summary of Comments by Legislative Review Committees
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