Rule-Making Notices (Hearing Notices)

Taylor - Taylor County Multi-Purpose Building, Intersection of Hwy 64&13, Medford

Trempealeau - Whitehall City Center, Gymnasium, 36245 Park Street, Whitehall

Vernon - Viroqua High School, Auditorium, Viroqua

Vilas - Sayner Community Center, Golf Course Road, Sayner

Walworth - Delavan/Darien High School, 150 Cummings, Delevan

Washburn - WI Ag Research Station, Conference Room, W6646 Hwy 70, Spooner

Washington - Washington County Fair Park, Exhibit Hall, 3000 Hwy PV, West Bend

Waukesha - Waukesha South High School, Auditorium, 401 E. Roberta Ave., Waukesha

Waupaca - Waupaca High School, Auditorium, E2325 King Road, Waupaca

Waushara - Waushara County Courthouse, County Board Room, 2nd Floor, Room 265, 209 S. St. Marie St., Wautoma

Winnebago - Webster Stanley Middle School, Auditorium, 915 Hazel St., Oshkosh

Wood - Pittsville High School, Auditorium, 5459 Elementary Avenue, Pittsville

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 AnnMarie Kutzke at [phone] with specific information on your request by April 3, 2006.

The proposed rules and fiscal estimates may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed hunting and trapping regulations may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Written comments on the proposed fishing regulations may be submitted via U.S. mail to Mr. Joe Hennessy, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Written comments shall be postmarked not later than April 11, 2006. Written comments whether submitted electronically or by U.S. mail will NOT, however, be counted as spring hearing votes.

Notice of Hearing

Natural Resources

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.091, 23.11 (1), 23.28 (3), 27.01 (2) (j), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 23.09 (2) (intro.), 23.091, 23.11 (4), 23.175, 23.28 (3), 23.393, 27.01 (2) (i) and (j) and 28.04(2), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Order No. FR-20-06(E) creating s. NR 45.04 (1) (g), Wis. Adm. Code, relating to the regulation of firewood entering and exiting Department lands. The effective date of the emergency order is April 1, 2006. The rule prohibits a person from possessing firewood that originates from outside the borders of Wisconsin. Firewood includes all wood, processed or unprocessed, meant for use in a campfire. The purpose of the emergency rule is to regulate firewood entering properties managed by the Department to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees.

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

Monday, April 17, 2006 at 7:00 p.m.

Video conference participation will be available at:

Room 130, Manufacturing Ed Center, Chippewa Valley Tech., 2320 Alpine Rd., Eau Claire

SC207, Northeastern WI Tech., 2740 W. Mason Street, Green Bay

102 Wing Communications, UW-LaCrosse, 1725 State Street, La Crosse

Room 227, Pyle Center, 702 Langdon Street, Madison

Room S120, MATC-Milwaukee, 700 State Street, Milwaukee

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 Dr. Andrea Diss Torrance at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the emergency rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 5, 2006. 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 Dr. Diss Torrance.

Notice of Hearing

Natural Resources

[CR 06-027]

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.06 (2), 77.82 (3) (c), 77.91 (1) and 227.11 (2) (a), Stats., interpreting s. 77.06 (2) and subch. VI, ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 46.18 and 46.30, Wis. Adm. Code, relating to the administration of the Forest Crop Law and the Managed Forest Law. Sections 77.06 (2) and 77.91 (1), Stats., require that the Department establish stumpage rates (values) used in calculating severance and yield taxes on timber harvested from land enrolled in the Forest Crop Law (FCL) and managed Forest Law (MFL). This rule would repeal and recreate s. NR 46.30 (2) (a) to (c) to revise the stumpage values to be used in calculating severance taxes and yield taxes for timber harvested during the period of November 1, 2005 and October 31, 2006. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average change for sawtimber is a 7% increase over current rates. The pulpwood prices, on average, would increase 20%. Stumpage values are collected from private, state and county timber sales to be used in calculating the proposed stumpage rates.

In addition to the stumpage value changes, “mixed product" stumpage rates for red pine, white pine and spruce are added to reflect changes in how products are being sold and keep product reporting in line with public land reporting; the weight conversion factor for red pine (green weight) is adjusted from 4700 to 4500 to bring it in line with the weight conversion factor used for public lands; and the mandatory practices related to release from competing vegetation and treatments to insure adequate regeneration are updated.

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: Any business with land enrolled in either the Managed Forest Law or the Forest Crop Law.

b. Description of reporting or bookkeeping procedures required: No procedures not already required.

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

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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, April 19, 2006 at 1:00 p.m.

Council Chambers, Wausau City Hall, 407 Grant Street, Wausau

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 Carol Nielsen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal impact to state revenues. There is an estimated increase in local revenues of $293,000 due to increase in stumpage rates.

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 Ms. Carol Nielsen, Forest Tax Section, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 24, 2006. 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. Nielsen.

Notice of Hearings

Natural Resources

[CR 06-022]

NOTICE IS HEREBY GIVEN that pursuant to ss. 26.385 and 227.11 (2) (a), Stats., interpreting s. 26.385, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 47.93, Wis. Adm. Code, relating to the forestry research and development grant program. 2005 Wisconsin Act 25 created s. 26.385, Stats., which authorizes the department to promulgate rules for the forestry research and development grant program. The proposed s. NR 47.93 will establish the purpose, applicability, definitions, grant solicitation and public notice, contractor selection criteria and grant agreement provisions of the program. The intent of the program is to provide grants to organizations experienced in the commercialization of energy technologies related to forestry biomass as energy and biochemical sources. The program will further the development of alternative renewable energy sources to benefit public health and the environment. The forestry research and development grant program will only provide state match grants required for federal grant programs for forestry biomass research and development.

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 [e-mail] or by calling [phone].

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 pursuant to ss. 26.385, 227.11 (2) (a) and 227.24, Stats., interpreting s. 26.385, Stats., the Department of Natural Resources will hold public hearing on Natural Resources Board Emergency Order No. FR-17-06(E) relating to the forestry research and development grant program. This emergency order took effect on March 16, 2006. The emergency order is identical to the proposed permanent rule.

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

Monday, April 24, 2006 at 10:00 a.m.

Council Chambers, Wausau City Hall

407 Grant Street

Wausau

Wednesday, April 26, 2006 at 9:30 a.m.

Room G09, 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Terry Mace at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule, emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the rules may be submitted via U.S. mail to Mr. Terry Mace, Bureau of Forestry Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 5, 2006. 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 Mr. Mace.

Notice of Hearings

Natural Resources

[CR 06-024]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.201, 295.12 and 227.11 (2) (a), Stats., interpreting s. 30.201 and subch. I of ch. 295, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 135 and 340, Wis. Adm. Code, relating to the reclamation of nonmetallic mining sites. The proposed revisions:

Remove “start-up" language from the rule. These rule changes will make some minimal changes to uniform statewide reclamation standards for nonmetallic mines and some important changes to administrative procedures to program administered by county the local government. In addition, the “start-up" language that is no longer applicable will be removed from the rule. Numerous provisions were included in the original rule for special permitting and review processes for nonmetallic mining operations that were active when the mine reclamation program began. These are no longer necessary or applicable and should be removed.

Clarify and simplify through improvements to fee collection and timing of annual report submittal. Currently operators pay fees by anticipating unreclaimed acreage in the upcoming year and provide annual reports based upon the previous year. The proposed language revises s. NR 135.39 so that only one deadline is required for both fee submittal and for the submittal of the annual report. In addition, both fees and the report will now be based on unreclaimed acreage in the previous year.

Fee increase. Fee increase are proposed in the rule to reflect adjustments for inflation. This will affect the portion of the fees collected by regulatory authorities which are forwarded to the DNR to cover its administrative costs. In addition, fees that the DNR would assess if the DNR was forced to become the regulatory authority would also be adjusted. To date the DNR has not been required to assume the contingency role as the regulatory authority.

Dispute resolution. Currently DNR can work to assist in the resolution of disputes between nonmetallic mine operators and their regulatory authority. Under the current rule language, the process and the outcomes of this resolution are vague. The proposed revisions to s. NR 135.52 clarity the roles of each party, the steps to be taken and corresponding timeframes. The proposed revisions will require the DNR to provide a written opinion, but not a binding decision.

Clarify language based on experience. The proposed revisions include various minor wording changes to rule language that address very specific issues which have arisen over the past five years as well as several changes to definitions. One of these changes relates to the safety and stability of slopes that exceed 3:1 after site reclamation. Several minor changes to reclamation plan submittal requirements, public hearings, conditional approvals and explanatory notes are also proposed.

Harmonize financial assurance with ch. NR 340 on nonmetallic mining and reclamation associated with navigable waterways and adjacent areas. The use of additional options that can be employed to satisfy ch. NR 340 financial assurance requirements, as provided in recent statutory changes. The anticipated changes to ch. NR 340 will reflect the mandated changes to s. 30.203, Stats., and will also make the financial assurance provisions of ch. NR 340 more consistent with corresponding provisions of ch. NR 135.

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

a. Types of small businesses affected: Nonmetallic mines

b. Description of reporting and bookkeeping procedures required: No new requirements

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

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

Thursday, April 13, 2006 at 1:00 p.m.

Council Chambers, Wausau City Hall, 407 Grant Street, Wausau

Friday, April 14, 2006 at 1:00 p.m.

Room G09, 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Thomas Portle at [phone] 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 Thomas Portle, Bureau of Waste Materials & Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until April 28, 2006. 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 Mr. Portle.

Notice of Hearings