2. There is a water quality standard and a wildlife standard that the counties will have to flesh out in their individual ordinances. The water quality standard will require infiltration of runoff.
3. A provision on proportionality has been added to ensure the mitigation measures required will not outweigh the impacts of the proposed project.
Land Disturbing Construction Activities – NR 115.23
1. A county permit is required for land disturbing construction activities in the shoreland zone to minimize erosion and sedimentation.
2. Counties shall exempt from the permit requirement activities that have already received permits from other identified permitting authorities.
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.
Environmental Analysis
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.
Hearing Information
Notice is hereby further given that the Department will hold an open house from 4:30 p.m. to 5:30 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:
July 24, 2007 Auditorium
Tuesday Health & Science Bldg.
at 5:45 p.m. North Central Tech College
1000 W. Campus Dr.
Wausau
July 25, 2007 Auditorium
Wednesday Rhinelander High School
at 5:45 p.m. 665 Coolidge Avenue
Rhinelander
July 26, 2007 Blue Hills Masonic Center
Thursday 225 West South Street
at 5:45 p.m. Rice Lake
July 31, 2007 Community Room
Tuesday Farmers & Merchants Bank
at 5:45 p.m. 1001 Superior Avenue,
Tomah
August 1, 2007 Neville Museum Theater
Wednesday 210 Museum Place
at 5:45 p.m. Green Bay
August 7, 2007 Lower Level
Tuesday Pewaukee City Hall
at 5:45 p.m. W240 N3065 Pewaukee Road
Pewaukee
August 8, 2007 Opera House
Wednesday 381 E. Main Street
at 5:45 p.m . Stoughton
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 Toni Herkert at (608) 266-0161 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
State Fiscal Impact. The department has an existing oversight capacity in the implementation, administration and enforcement of the current NR 115 program. In some cases, enforcement costs for the Department may actually decrease due to the decline in variance requests that will be realized with the increased level of flexibility offered to property owners and counties in the new rule. In other cases, the Department may incur additional costs related to the policy legal review and approval of new shoreland zoning ordinances required to implement the revised statewide minimum standards.
The Department expects that the net result will be that state costs will not substantially change as a result of the proposed NR 115 rule revisions.
Local Fiscal Impact. Counties and cities or villages that have annexed land since 1982 or incorporated since 1994 currently administer and enforce local shoreland zoning ordinances which meet or exceed the statewide minimum standards found in NR 115. Towns may also adopt a shoreland zoning ordinance, but it must be at least as restrictive as the applicable county's.
Counties and annexed or incorporated areas will incur one-time expenditures to revise shoreland zoning ordinances to reflect the new statewide minimum standards. However, after this initial increased workload and expense, the Department expects that the administrative burden of the zoning provisions will be less time-consuming than the current standards. Some counties have indicated that the new impervious surface standards are going to require additional staff. The Department contends that the same staff that worked on the issue of nonconformity can deal with impervious surfaces since nonconforming provisions are no longer part of the statewide standards. In addition, counties have 2 years before they have to have a shoreland ordinance in place. This delayed effective date was to allow the county to develop an ordinance which meets the new statewide minimum standards.
The exact annualized local costs including, increased and decreased costs, increased revenues (based on local permitting fees including new permitting systems and subsequent fees that may be developed) and decreased revenues (based on a reduction in the number of variances requested) are extremely difficult to estimate and will vary considerably on a county by county basis. Consequently, the Department has characterized the overall impact on local government costs as “indeterminate".
Long-range fiscal implications. The revised rule will provide increased predictability for investment decisions for local government, businesses, residents and new property owners, thereby decreasing operational costs, increasing property tax revenues, and generating economic growth from a more predictable zoning environment.
Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at either of the following Internet sites:
http://dnr.wi.gov/org/water/wm/dsfm/shore/ news.htm or
http://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 September 7, 2007. 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 Hearings
Natural Resources
(Environmental Protection-Water Regulation, Chs.
NR 300—)
Notice is hereby given that pursuant to ss.
30.12 (1) and
(3) (br),
30.2035,
30.206,
227.11 (2) (a) and
227.24, Stats., interpreting ss.
30.12 (1),
(3) and
(3m) and
30.206, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-26-07(E) pertaining to general permits for dredging in Great Lakes navigable waterways. The emergency rule revises ch.
NR 345, Wis. Adm. Code, to establish a new general permit with appropriate conditions. The rule establishes standards for projects to be eligible for a general permit for dredging, including operation of a motor vehicle, on the beds of the Great lakes to remove algae, mussels, dead fish and similar large plant and animal nuisance deposits.
The emergency rule establishes a general permit for an activity that would otherwise require an individual permit. The general permit will permit lakefront property owners to remove plant and animal nuisance deposits on the beds of outlying waters more efficiently while complying with general permit conditions created to protect the public interest in the lakebed. The general permit has a $50 application fee and is processed within 30 days.
Hearing Information
Notice is hereby further given that the hearing will be held on:
July 10, 2007 Lake Michigan Room
Tuesday Green Bay Service Center
at 3:00 p.m. 2984 Shawano Ave.
Green Bay
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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
The emergency rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Martye Griffin, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 20, 2007. 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 emergency rule may be obtained from Ms. Lund.
Fiscal Estimate
Department staff that work in the areas that would be affected by the new general permit report that approximately 20 requests are made annually for permission to dredge on Great Lakes beds. Under current law, approximately 2 of these requests actually result in an application for an individual permit at a cost of $500 each, for an estimated total annual revenue of $1,000 (2 permit applications x $500).
Based on knowledge of beach conditions, Department staff estimate that the implementation of a general permit, as well as the streamlined permit process that goes with it, will double the number of requests for permission to dredge on Great Lakes beds from 20 to 40 annually, and that all 40 requests will result in actual permit applications.
The Department estimates that under the proposed rule, approximately 2 dredging requests per year will continue to require a $500 individual permit, for a total of $1,000 in individual permit revenue. It is estimated that the remaining 30 requests will require general permits, for a total of $1,900 in general permit revenue (30 general permits x $50/each). Therefore total revenue for individual and general permits is estimated to be $2,900, which represents a $1,900 increase over revenue generated under current law.
The rule change will have no impact on local government costs.
