Rule-Making Notices (Hearing Notices)

Natural Resources

Fish, Game, etc., Chs. 1—

rulemaking_notices CR 10-131 CR 10-131

DNR # FR-38-10

NOTICE IS HEREBY GIVEN THAT pursuant to section 27.01 (17), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter NR 45, Wisc. Adm. Code, relating to the promulgation of a rule that specifies when and where golf carts are allowed in the Governor Thompson State Park and the Peshtigo River State Forest.

Hearing Information

Date and Time:	Location:
December 16, 2010 Thursday 4:00pm	Stephenson Town Hall W11280 County Road Crivitz, WI 54114

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

Copies of Proposed Rule and Submittal of Electronic Comments

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov (Search this Web site using the Natural Resources Board Order No. FR-38-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Kristin Lambert, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Submittal of Written Comments

Written comments on the proposed rule may be submitted via U.S. mail to Mr. John Lubbers, Division of Forestry, Wisconsin Department of Natural Resources, 2984 Shawano Avenue, Green Bay, WI 54313-6727 or by e-mail to [e-mail]. Comments may be submitted until December 31, 2010.

Analysis Prepared by the Department of Natural Resources

Statutory authority

Section 27.01 (17) Stats., created under 2009 Wisconsin Act 54, required the Department to promulgate this rule.

Related statute(s) or rule(s)

Related statutes or rules include but are not limited to the following provisions:

340.01   Vehicles – General Provisions, Words and phrases defined.

349.18   Vehicles – Powers of State and Local Authorities, Additional traffic-control authority of counties and municipalities.

23.33 (11p) (a) 2   Conservation, All-terrain vehicles, Local ordinances, Utility terrain vehicle pilot program.

Plain language analysis

The rule defines “golf cart" as a vehicle that can go no more than 20 miles per hour, can carry one to two people and equipment, and is intended for the game of golf.

The rule authorizes the use of golf carts in the Governor Thompson State Park and the Peshtigo River State Forest. The rule describes specifically, which areas on the above mentioned properties are authorized for golf cart use, including six (6) boat landings, one (1) town park leased from the Department, one (1) Department road, and other locations as posted.

The rule also describes how the golf cart must operate, that golf cart operators must possess a valid drivers license, and minimum safety features that the golf cart must possess.

Summary of, and comparison with, existing or proposed federal regulation

A search of federal regulations did not reveal any similar rules.

Comparison with rules in adjacent states

Iowa:

Iowa Code s. 347.247 - Golf cart operation on city streets.

Minnesota:

Minn. Stat. s. 169.045 Special Vehicle Use on Roadway.

Michigan:

Mich. Comp. Laws s. 257.244 - Operation of vehicle by manufacturer, subcomponent system producer, dealer, or transporter with special plate; unauthorized use of special plate; penalties; surety bond or insurance; number of plates; operation of vehicle with dealer plate by vendee or prospective purchaser; issuance of registration plate to move vehicle or trailer.

Illinois:

625 ILCS 5/11-1426.1 - Operation of non-highway vehicles on streets, roads, and highways.

Summary of factual data and analytical methodologies

The Department gathered input in the form of interviews, from user groups, local residents, local units of governments and WPS to determine historical use of golf carts before the Department acquired the lands. In addition, significant consultation occurred with the Department of Transportation and the Town of Stephenson on existing golf cart ordinances, authority and safety elements.

Analysis and supporting documents used in determination of effect on small business or in preparation of economic impact report

There are no new compliance, reporting, or bookkeeping requirements, nor are there any associated performance standards associated with the proposed rule.

Effect on Small Business

Pursuant to section 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Small business regulatory coordinator

The Department's small business coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

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.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

State fiscal effect

To adequately administer this new law, both access way construction along with reasonable signage and posting will be required. Signage costs are estimated as 20 signs at $350 per sign for sign, post, concrete and labor. Total costs of signage estimated at $7,000. The Department may also need to acquire up to two acres of land to access BL 13, and construct a trail on that acreage. The cost for the land and the trail has not been determined.

Local fiscal effect

These properties are wholly managed by the Department; consequently the approval of these administrative rules would have minimal fiscal effect on local units of government.

Agency Contact Person

John Lubbers

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Notice of Hearing

Natural Resources

Environmental Protection — Water Supply, Chs. 800—

rulemaking_notices CR 10-132 CR 10-132

DNR # DG-39-10

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.11 (2) (a) and 281.348, Stats., the Department of Natural Resources will hold public hearings on the creation of Wis. Adm. Code Chapter NR 854 Water Supply Service Area Plans, relating to the establishment of a statewide water supply service area planning process for operators of public water supply systems.

The rule establishes a planning process covering a 20-year period for public water supply systems serving populations of 10,000 or more to help ensure that those systems sustainably provide an adequate quantity and quality of water to their customers.

Hearing Information

December 14, 2010, Tuesday, 2:00 p.m.

Concurrent sessions will be held at the following two locations:

University of Wisconsin – Milwaukee

Lubar Hall, Room S-250,

3202 N. Maryland Avenue

Milwaukee, WI 53211

(http://www4.uwm.edu/map/buildings/vt-lub-prof.cfm)

AND

University of Wisconsin – Green Bay

Instructional Services Building, Room 1034

2420 Nicolet Drive

Green Bay, WI 54311

(http://www.uwgb.edu/team/maps/index.htm).

December 15, Wednesday, 2:00 p.m.

Concurrent sessions will be held at the following two locations:

University of Wisconsin - Eau Claire

Old Library, Room OL1132

105 Garfield Avenue

Eau Claire, WI 54702-4004

(http://www.uwec.edu/Maps/campmap.htm)

AND

The Pyle Center, Room 232

702 Langdon Street,

Madison, WI 53702 (http://www.map.wisc.edu/)

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

Copies of Proposed Rule and Submittal of Electronic Comments