Notice of Hearings
Natural Resources
(Environmental Protection-General)
[
CR 05-058]
(reprinted & corrected from 6/30/05 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
59.692,
227.11 (2) (a) and
281.31, Stats., interpreting ss.
59.69,
59.692 and
281.31, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances. The proposed revisions are intended to meet the statutory objectives of the program, while providing certainty and flexibility to counties and property owners. Changes include adding definitions to the rule for clarity; establishing standards for multi-unit residential development, mobile home parks and campgrounds; providing exemptions for certain activities from shoreland setback and shoreland vegetation standards; establishing impervious surface standards; and replacing the “50% rule" for nonconforming structures with a standard based on the size and location of structures. These changes will significantly decrease the number of variances granted by counties, allowing certain activities to be allowed with a simple administrative permit by the county. Substantive changes include:
Language is added to advance the statutory purposes of the program found in s.
281.31 (1), Stats.
Language is added recognizing that this rule only establishes minimum standards for county shoreland zoning ordinances, and counties may adopt more protective regulations to adequately protect local resources.
Language consistent with s.
59.692(7), Stats., is added to clarify how this rule impacts lands annexed or incorporated by cities and villages.
Language clarifying the authority of the town shoreland zoning ordinances is added.
Language clarifying the applicability of ch.
NR 115 in areas under the jurisdiction of ch.
NR 118 is added.
The number of definitions was increased from 13 to 52 to help provide consistency in interpretation of county shoreland zoning ordinances
The requirement for land division review is changed from the creation of “3 or more lots" to the creation of “one or more lots" to ensure that all new lots created meet minimum lot size requirements. This standard was added to protect prospective property owners and ensure that all lots have a buildable area.
If new lots are created that are divided by a stream or river, one side of the lot must meet minimum lot size requirements and density standards. No portion of a lot or parcel divided by a navigable stream may be developed unless that portion of the lot or parcel meets or is combined to meet the minimum lot size requirements and density standards. This provision will ensure that development only takes place on lots or parcels which meet minimum lot size requirements, again safeguarding property owners.
Counties may adopt standards to regulate substandard lots in common ownership.
Minimum lot size and density standards are established for multi-unit residential development, mobile home parks, campgrounds and other types of uses.
Counties may request the approval of an alternative regulation for campgrounds that is different than the minimum standards in ch.
NR 115. Counties utilizing this option must demonstrate how the alternative regulation would achieve the statutory purposes of the program.
Counties are granted the flexibility to regulate keyhole lots.
New lot width measurement is developed which will accommodate irregular shaped lots.
Counties are granted the flexibility to regulate backlots in the shoreland zone.
Outlots may be created as part of a subdivision plat or certified survey map.
Counties may request the approval of standards for alternative forms of development with reduced lot sizes and development densities for planned unit developments, cluster developments, conservation subdivisions, and other similar alternative forms of development if they include, at a minimum, a required shoreland setback of more than 75 feet and a larger primary buffer than is required in s.
NR 115.15 (2).
Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.
Provisions are added to allow counties to exempt 15 types of structures from the shoreland setback, an increase from 3 exempted structures.
The construction of new dry boathouses is prohibited.
Standards are established to qualify a lot for a reduced setback and two methods of calculating the reduced setback are provided. Counties may also request approval of an alternative setback reduction formulate, demonstrating how the alternative is as effective in achieving the purposes of s.
281.31 (1) and
(6), Stats.
Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protection habitat and water quality.
Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but must be replaced.
Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.
A formula to calculate the vegetative buffer mitigation requirements for existing multiple-unit developments was added to proportionately mitigate based on the intensity of the project.
A formula for the width of access corridors is provided, replacing the “30 feet in any 100 feet" provision, which was confusing if a lot had less than 100 feet of frontage.
Existing lawns may be maintained indefinitely in the primary shoreland buffer, unless a property owner decides to initiate one of 5 actions that require restoration of the primary shoreland buffer.
Best management practices must be implemented and maintained that, to the maximum extent practicable, result in no increase in storm water discharge from impervious surfaces.
If a project results in a lot being covered with 20% or more impervious surfaces, the shoreland buffers must be preserved or restored in compliance with the standards in s.
NR 115.15 (applies only to lots with lands within 75 feet of the ordinary high water mark).
An erosion control and revegetation plan is required for land disturbing activities to minimize erosion and sedimentation caused by the activity.
A county permit is required for land disturbing activities in the shoreland zone if the project includes 2,000 square feet or more of land.
Counties shall exempt from the permit requirement activities that have already received permits from other identified permitting authorities.
Counties may require a wetland buffer to minimize the impacts of land disturbing activities to prevent damage to wetlands.
The “50% rule" is removed, and a standard for the regulation of nonconforming structures based on the location and size of structures is used.
Unlimited ordinary maintenance and repairs is allowed on nonconforming structures.
Structural alternations are allowed on nonconforming structures if mitigation is implemented as specified by the county.
Expansion and replacement of nonconforming accessory structures is prohibited, unless located in a campground or mobile home park, and certain standards are satisfied.
Expansions of nonconforming principal structures is allowed is the structure is set back at least 35 feet from the ordinary high water mark, if the footprint cap is not exceeded, if mitigation is implemented as specified by the county and if other standards are met.
Replacement of nonconforming principal structures is allowed on the existing foundation anywhere within the shoreland setback area, and on new foundations if the structure is setback at least 35 feet from the ordinary high water mark, if mitigation is implemented as specified by the county, and if other standards are met.
Replacement of nonconforming principal structures is prohibited if the structure has no foundation, the foundation extends below the ordinary high water mark or the structure extends over the ordinary high water mark.
Counties shall adopt a mitigation system that is roughly proportional to the impacts of activities proposed.
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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has prepared an Environmental Assessment in accordance is s.
1.11, Stats., and ch.
NR 150, Wis. Adm. Code, that has concluded that the proposed rule is not a major state action which would significantly affect the quality of the human environment and that an environmental impact statement is not required.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold question and answer session from 4:30 p.m. until 5:45 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 12, 2005 at 6:00 p.m.
Chippewa Valley Technical College
620 Clairemont Avenue
Eau Claire
Wednesday, July 13, 2005 at 6:00 p.m.
Wis. Indianhead Technical College
2100 Beaser Avenue
Ashland
Thursday, July 14, 2005 at 6:00 p.m.
Egg Harbor Room, Landmark Resort
7643 Hillside Road
Egg Harbor
Tuesday, July 19, 2005 at 6:00 p.m.
Western WI Technical College
304 6th Street North
La Crosse
Wednesday, July 20, 2005 at 6:00 p.m.
Whispering Pines Room, Grand Pines Resort
12355 W. Richardson Bay Road
Hayward [Additional hearing]
Thursday, July 21, 2005 at 6:00 p.m.
Sentry World Theater
1800 North Point Drive
Stevens Point
Tuesday, July 26, 2005 at 6:00 p.m.
UW Washington County
400 University Drive
West Bend
Wednesday, July 27, 2005 at 6:00 p.m.
Grand Chute Town Hall
1900 Grand Chute Boulevard
Grand Chute
Thursday, July 28, 2005 at 6:00 p.m.
Holiday Inn Express [Changed location]
Pelican/Shepherd Rooms
668 West Kemp Street
Rhinelander
Tuesday, August 2, 2005 at 6:00 p.m.
Lake Lawn Resort
2400 East Geneva Street
Delavan
Thursday, August 4, 2005 at 6:00 p.m.
Oak Hall Room, Fitchburg Community Center
5520 Lacy Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Toni Herkert at (608) 266-0161 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Toni Herkert, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 12, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Herkert.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2), Stats., and interpreting s.
70.32 (2r) (c), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to
the use-value assessment of agricultural property.
Hearing Date, Time and Location
Date: July 25, 2005
Time: 1:00 P.M.
Location: Department of Revenue Building
Events Room
2135 Rimrock Road
Madison, WI
Handicap access is available at the hearing location.
Written Comments
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than August 1, 2005, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Scott Shields
Department of Revenue
Mail Stop 6-97
2135 Rimrock Road
P.O. Box 8971
Madison, WI 53708-8971
Telephone: (608) 266-2317
Analysis Prepared by the Department of Revenue
Statutory authority:
Section
227.135, Stats.
Each agency may promulgate rules that interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Pursuant to s.
70.32 (2r) (c), Stats., agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. Income, expense, and value are determined by applying an owner-operator appraisal methodology. With an owner-operator method, net income is determined by deducting all operating costs and overhead from gross income. The formula specifies corn prices, cost of corn production, and corn yield for determining net income. Net income is capitalized to determine the agricultural use-value per acre. The capitalization rate is the sum of the interest rate for a medium-sized, 1-year adjustable rate mortgage and the municipal net tax rate for property taxes levied two years prior to the assessment year.
A landlord-tenant appraisal methodology is another means to estimate rental income. The basis for this method is an agreement or crop-share lease between a landowner (landlord) and a farm operator (tenant). Crop-share leases allow landowners and farm operator to share risk and management of a farm operation. The lease provisions will specify the distribution of income and costs. Typically, income and direct operational costs are equally distributed among the landowner and farm operator with the landowner assuming all property tax payments and the farm operator assuming all labor and machinery costs.
