Minnesota: Minnesota requires subdivisions to be review by the Minnesota Department of Health and by the County Surveyor's Office on a fee for service basis before the subdivision is recorded.
Illinois: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.
Iowa: It appears that each unit of government enacts subdivision regulations reviewed on a fee for service basis.
Summary of factual data and analytical methodologies
The Plat Review Program has been 100% program revenue supported since 1980. All reviews are conducted on a fee for service basis as provided by s.
236.12 (7), Wis. Stats.
Analysis and supporting documents used to determine effect on small business
The proposed rule prescribes uniform procedures and fees making the cost of review consistent and predictable.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
P.O. Box 7864
Madison, WI 53707-7864
608-266-2887
Submission of Written Comments
Comments may be submitted to the agency contact person that is listed above and via the Wis. Admin. Rules Website at
http://adminrules.wisconsin.gov, by December 13, 2007.
Initial Regulatory Flexibility Analysis
Developers and surveyors who divide land will be affected by this rule because they pay for the services the program provides
State Fiscal Effect
This rule will increase plat review revenues by approximately $240,000 per year, beginning in May 2008. The increase is needed to sufficiently cover program costs.
The Plat Review program is funded from fees charged to subdividers or agents seeking an advisory opinion relative to conditions affecting a proposed plat for the review of preliminary, final or assessors' plats under s.
70.27 or chapter 236 Statutes. The fees have not been adjusted since 1997.
The program's permanent staffing level remains at the 1997 level of 5.50 FTE. When workload required more staff, limited term employees have been hired. Fee increases are needed to maintain the current level of staffing required to ensure services are provided in a timely manner.
Local Fiscal Effect
There is no fiscal effect on local units of government.
Text of Rule
SECTION 1. Chapter
Adm 49 is created to read:
Adm 49.01 Applicability. The department shall review preliminary, final or assessor's plats under s.
70.27 or ch.
236, Stats., upon payment of the fees specified in this chapter.
Adm 49.02 Definitions. In this chapter:
(1) “Department" means the Wisconsin department of administration.
(2) “Parcel" means a lot, outlot or public dedication. `Public dedication' includes parks, greenways and other similar dedications but does not include streets or easements.
(3) “Plat" means the total assemblage of sheets comprising a preliminary or final subdivision or assessor's plat.
(4) “Sheet" includes each page of a preliminary or final plat.
Adm 49.03 Review fee. (1) The following fee schedule applies to the submission of plats to the department, either as copies under s.
236.12 (2), Stats., or as original drawings under s.
236.12 (6), Stats.
(a) Initial filing fee for preliminary, final or assessor's plats …… $125.00.
(b) Preliminary plat (each submission) …$100.00 per plat
(c) Final plat or assessor's plat (each submission) …… $40.00 per parcel, or $160.00 per plat, whichever is greater.
(2) The following additional fees, to cover reproduction and postage costs, apply to the submission to the department of an original drawing of a preliminary or final plat under s.
236.12 (6), Stats.
(a) Preliminary plat (each submission) ……$40.00 per sheet.
(b) Final plat or assessor's plat (each submission) ……$40.00 per sheet.
(3) The following additional fees, to cover copy and postage costs, apply to the submission to the department of copies of a preliminary or final plat under s.
236.12 (2), Stats.
(a) Final (each submission) ……. $40.00 per sheet.
(b) Preliminary (each submission) ……. $40.00 per sheet.
(4) The fee for review of a certified survey map, if a waiver is requested under s.
236.20 (2) (L), Stats., is $100.00.
(5) If a subdivider or agent seeks an advisory opinion relative to conditions affecting a proposed plat which requires staff research and written response in the form of a presubmission consultation, the fee is $50.00, $25.00 of which the department shall credit toward the review fee when the plat is submitted.
Adm 49.06 Procedure for fee submission. (1) The subdivider or the subdivider's agent shall provide required fees in the form of a check or money order and may use a credit card or electronic payment with each plat submittal.
(2) The department may not accept any plat submitted to it until it receives all fees required for processing of that plat from the subdivider or agent. None of the time periods specified by ch.
236, or s.
70.27(8), Stats., for plat review shall commence until the department receives the required fees.
(3) The department may, when warranted by unusual circumstances, waive part or all of the fees required under Adm 43.03. The subdivider or the subdivider's agent shall obtain any such waiver in writing from the department prior to plat submittal.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.17 and
227.24 (4), Stats., the Department of Commerce will hold a public hearing on emergency rules under chapter Comm 34 relating to liability insurance for amusement rides.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
December 12, 2007
|
Conference Room 3C
|
9:30 a.m.
|
Thompson Commerce Center
|
|
201 West Washington Avenue
|
|
Madison
|
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until December 21, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Copy of Rules and Analysis
The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Small Business Regulatory Coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (a) and
(b) 6.,
27.01 (2) (j),
29.014 (1),
29.041,
29.039 (1),
29.509 (4) and
(5),
227.11 (2) (a) and
227.24 (1) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.22 (2) (a),
29.014 (1),
29.039 (1),
29.041 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Order No. FH-40-07(E) pertaining to control of fish diseases and invasive species. This emergency order took effect on November 2, 2007. The emergency rule revises chs.
NR 19 and
20, Wis.Adm. Code.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
December 3, 2007 Room 511
Monday GEF #2 Office Building
at 2:00 p.m. 101 South Webster Street
Madison
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 William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copy of Rule and Submission of Written Comments
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the emergency rule may be submitted via U.S. mail to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 3, 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 and fiscal estimate may be obtained from Mr. Horns.
Analysis Prepared by Department of Natural Resources
The emergency rule limits the transport of live fish and fish eggs away from identified inland and outlying waters, and requires the immediate drainage of water from boats, boating equipment, fishing equipment and other containers upon removal from these waters. The emergency order adds a procedure for identifying additional waters where viral hemorrhagic septicemia (VHS) may be present. The Department may authorize the commercial harvest of wild minnows for use as bait from any water via a permit, except identified waters, and may set permit conditions to prevent the spread of VHS. Bait dealers are required to keep daily harvest and disposition records. The emergency order bans the use or possession of imported live minnows as bait, with exceptions. It also prohibits any person from using dead fish, fish eggs or any parts thereof as bait, with exceptions, and it limits the use of fish and fish parts as bait in crayfish traps and turtle traps, with exceptions. Finally, the emergency rule adds a new criterion for the issuance of permits for licensed bait dealers to use non-standard minnow gear, allowing the permits to be denied if use of the gear could spread invasive species or diseases.
Fiscal Estimate
The fiscal impact that this rule package will have on state and local government--namely the increased costs associated with addressing or containing the VHS problem--is difficult to estimate given the short amount of time that has elapsed since the discovery of the virus and the uncertainty about the extent to which the virus may or may not spread to other parts of the state. Consequently, the Department is characterizing the state and local fiscal impact as “indeterminate" until more detailed cost information becomes available.
Notice of Hearings
Natural Resources
(Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11 (1) and
(16), Stats., interpreting ss.
227.11 (2) (a),
227.14 (1m) (b),
285.11 (1) and
(16), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 405,
407,
408 and
484, Wis. Adm. Code, relating to major source definition and affecting small business. The State Implementation Plan developed under s.
285.11 (6), Stats., is revised.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
December 18, 2007 Conference Room 124A and B
Tuesday State Office Building
at 1:00 p.m. 1681 Second Avenue South
Wisconsin Rapids
December 19, 2007 Room 413
