2. Provisions are added to allow counties to exempt structures from the shoreland setback if they meet certain requirements outlined in s.
NR 115.13(4).
3. The construction of new dry boathouses is still exempted; however, a size limit of 250 square feet has been added to the rule.
4. Standards are established to qualify a lot for a reduced setback if there is not a compliant building location.
Height Requirements – NR 115.15
1. A new section on structure height was added to protect and preserve the natural scenic beauty of lake and riverine environments.
Shoreland Vegetation and Buffers – NR 115.17
1. Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protecting habitat and water quality.
2. Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if they are exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but removed trees and shrubbery must be replaced.
3. Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.
4. 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. A second formula for lots with greater than 200 feet of frontage was also added to address larger developments adjacent to the water.
Impervious Surfaces – NR 115.19
1. Development is regulated through the use of percentages of total impervious surface rather than through the use of a nonconforming structure provision. The impervious surface percentages of 10% for new principal structures or 15% for existing development may be exceeded up to a maximum of 20% total impervious surface within 300 feet of the ordinary high water mark if mitigation measures are implemented and maintained.
2. Provisions are also included for shared impervious surfaces, expansion, enclosing existing impervious surfaces, replacements and relocation.
Mitigation Provisions – NR 115.21
1. Provisions are now a performance measure to protect, preserve and enhance water quality and wildlife habitat while achieving natural scenic beauty.
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.
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.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
1.11, Stats., and ch.
NR 150, Wis. Adm. Code, the Department has prepared an Environmental Assessment for this action. The Department has made a preliminary determination that the proposal will not cause significant adverse environmental effects and that an Environmental Impact Statement will not be required.
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
Tuesday
at 5:45 p.m.
|
Auditorium
Health & Science Bldg.
North Central Tech. College
1000 W. Campus Drive
Wausau
|
July 25, 2007
Wednesday
at 5:45 p.m.
|
Auditorium
Rhinelander High School
665 Coolidge Avenue
Rhinelander
|
July 26, 2007
Thursday
at 5:45 p.m.
|
Blue Hills Masonic Center
225 West South Street
Rice Lake
|
July 31, 2007
Tuesday
at 5:45 p.m.
|
Community Room
Farmers & Merchants Bank
1001 Superior Avenue
Tomah
|
August 2, 2007
Thursday
at 5:45 p.m.
|
Neville Museum Theater
210 Museum Place
Green Bay
|
August 7, 2007
Tuesday
at 5:45 p.m.
|
Anderson Education Center Waukesha Co. Tech. College
800 Main Street
Pewaukee
|
August 8, 2007
Wednesday
at 5:45 p.m.
|
Opera House
381 E. Main Street
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.
Submission of Comments and Copy of Rule
The proposed rule, fiscal estimate and Environmental Assessment 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 and Environmental Assessment 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, fiscal estimate and Environmental Assessment may be obtained from Ms. Herkert.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.13,
227.11,
345.28 and
345.47 (1) (d), Stats., and interpreting ss.
85.13,
341.08 (4m),
341.10 (7) and
(7m),
341.63,
341.64,
345.17,
345.28 and
345.47 (1) (d), Stats., and ch.
342, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
7th day of August, 2007, at
9:30 AM, to consider the amendment of ch.
Trans 128, Wis. Adm. Code, relating to the traffic violation and registration program.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Dept. of Transportation
Explanation of Agency Authority: The Department is charged with responsibility for suspending or refusing registration of vehicles for failure to pay various debts related to unpaid judgments, parking citations or towing and storage charges associated with parking citations. This chapter implements those requirements.
Plain Language Analysis
This proposed rule makes the following changes to current rule regarding the Traffic Violations Registration Program (TVRP): First, it adds towing and storage charges as eligible for TVRP action, as enacted in
2003 Act 201. Second, it adds provisions to accommodate electronic submission of notices that suspending authorities submit to the Department of Transportation, as well as manual or paper submission of notices. Third, the rule includes language to clarify the effect of bankruptcy on vehicle registration suspensions, to comport with federal and state law. The remainder of the rule making consists of re-organizing existing provisions into more readable and understandable format, elaborating on current policies for added clarity, and adding definitions that may be needed.
Comparison with Federal Regulation
No federal regulations require, encourage or discuss registration suspension or refusal for unpaid debts such as judgments, citations, or towing and storage charges.
Comparison with Rules in Adjacent States
Michigan: Michigan will sanction a person's driver's license for unpaid tickets rather than vehicle registration. If a person accumulates 6 or more parking tickets or 2 or more disabled parking tickets, the person is prevented from renewing his or her driver's license. Parking tickets only are included, not towing and storage charges. Information is submitted to DMV by the courts electronically. Some smaller jurisdictions may submit paper.
Minnesota: Minnesota will suspend the driver's licenses when the counties notify DMV. If there is an unpaid judgment, it could include unpaid towing/storage charges, but the parking citations do not. Information is submitted electronically from the counties to DMV.
Illinois: Illinois will suspend the person's driver's license, if the person accumulates 10 or more parking citations. The city determines the amount of the payment, so it may or may not include towing and storage charges. Information is sent to DMV in paper form.
Iowa: Iowa will suspend the person `s driver's license, if parking ticket (and subsequent charges from towing) are not paid; all charges would have to be paid before the suspension is lifted. Most parking authorities submit information electronically.
Summary of Factual Data and Analytical Methodologies
The regulatory approach in this proposed rule reflects no change from current regulatory approach governing the TVRP administration. No data analysis was required.
Analysis to Determine Effect on Small Businesses
The statutory provisions upon which this rule is based apply to governmental units, not to small businesses. Thus, this rule does not apply to small businesses.
Effect on Small Business
This rule affects governmental units, authorized by law to enforce non-moving traffic violations. The rule has no effect on small business, with the exception of any small business that might engage by contract with a governmental unit to process non-moving traffic violation notices to the Department. In that case, the business would be bound by its contract with the governmental unit. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs by Private Sector
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
This rule also has no effect on costs incurred by the private sector.
Agency Contact Person and Submission of Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Copy of Rule on Internet
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11, Stats., and interpreting ss.
19.35,
85.105,
341.17,
342.09 and
343.24, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
2nd day of August, 2007, at 10:30 AM, to consider the amendment of ch.
Trans 195, Wis. Adm. Code, relating to fees and procedures for searches and documentation of division of motor vehicle records.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Dept. of Transportation
Statutory Authority: s.
227.11, Stats.
Explanation of Agency Authority: This is addressed in the next section, related statute or rule.
Related Statute or Rule
DMV may charge reasonable copy and search fees. These fees may not exceed DMV's actual, necessary and direct costs. Wis. Stat. s.
19.35(3). DMV is currently authorized to charge a search fee for driver and vehicle title and registration records. DMV can charge $5 for conducting a file search of vehicle registration records. Wis. Stat. s.
341.17(8) and ss.
Trans 195.04 and
195.09. DMV can charge $5 for conducting a file search of vehicle title records. Wis. Stat. s.
342.09(3) and ss.
Trans 195.04 and
195.09. DMV can charge $5 for conducting a file search of vehicle operator records. Wis. Stat. s.
343.24(2) and
(2m). DMV shall charge a copy fee of $5 for each file of uniform traffic citations or motor vehicle accidents. Wis. Stat. s.
343.24(2m). The Wisconsin Supreme Court has ruled that custodians can charge requesters for the cost of separating confidential from public information (redaction).
Osborn v. Board of Regents,
2002 WI 83,
254 Wis. 2d 266, 299-305 (2002).
DMV may contract with businesses to periodically provide information in an electronic medium from motor vehicle accidents and uniform traffic citations. Wis. Stat. ss.
85.105 and
343.24(2m).
Information in motor vehicle and driver records protected from disclosure under Wisconsin law includes:
Identification card information, Wis. Stat. s.
343.50 (8)
DMV may not disclose personal identifiers relating to driver licenses and identification cards in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
343.14(2m),
343.235 and
343.51(1m).
DMV may not disclose personal identifiers relating to vehicle registrations in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
341.08(1m), and
341.17(9).
DMV may not disclose personal identifiers relating to vehicle titles in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
342.06(1)(i) and
341.17(9).
Section ADM 12.05(3) requires agencies to restrict and limit access to confidential records maintained in an electronic format.
Plain Language Analysis
Ch.
Trans 195 establishes fees for searches of vehicle and driver records. The provisions cover both single (individual) driver and vehicle records, and also large volumes of data that include many records, of multiple drivers or vehicles.
The amendment defines “records in bulk" to refer to more than 10 individual vehicle or driver records that are provided at one time, and distinguishes records in bulk from individual vehicle or driver license records. The amendment defines several terms relating to personal information that may not be disclosed under federal law or provisions of state law, and defines “redaction" as separating that personal information from records.
The amendment clarifies the procedure for a request to search vehicle and driver license records, eliminating obsolete, contradictory, and redundant provisions. The amendment clarifies what the fee is for search of individual vehicle or driver record, as distinct from the fee for records in bulk, which is a compilation of multiple individual records. The amendment establishes the fee for redaction or records.
