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 SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
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:   (920)-662-5132
Fax:   (920)-662-5159
Notice of Hearing
Natural Resources
Environmental Protection — Water Supply, Chs. 800
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
AND
University of Wisconsin – Green Bay
Instructional Services Building, Room 1034
2420 Nicolet Drive
Green Bay, WI 54311
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
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 (608) 266-2726 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 the Web site using Natural Resources Board Order No. DG-39-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents may be obtained from Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by calling (608) 267-4581.
Submittal of Written Comments
Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by e-mail to Constantine.Tsoris@wisconsin.gov. Comments may be submitted until December 31, 2010. Written comments, whether submitted electronically or by mail, will have the same weight and effect as oral statements presented at the public hearings.
Analysis Prepared by the Department of Natural Resources
Statute(s) interpreted
Section 281.348, Stats.
Statutory authority
Sections 227.11(2)(a) and 281.348, Stats
Plain language analysis
This rule supports the implementation of s. 281.348, Stats., as created in 2007 Wisconsin Act 227, to establish a continuing water supply service area planning process for persons that operate public water supply systems that serve a population of 10,000 or more and any person that operates a consecutive water supply system that receives water from a public water supply system required to prepare a plan under this rule. Persons required to prepare a water supply service area plan under this rule must have an approved plan by December 31, 2025. However, persons proposing a new or increased withdrawal from the waters of the Great Lakes basin must prepare a water supply service area plan prior to receiving approval for the new or increased withdrawal. The rule also applies to any person proposing a new or increased diversion from the Great Lakes Basin – regardless of the size of the population. Persons requesting a new or increased diversion must have an approved water supply service area plan before the department will grant an approval of a new or increased diversion. The purpose of water supply service area planning is to systematically evaluate alternative means of supplying water to a delineated water supply service area and to identify a cost-effective water supply alternative for the 20-year planning period.
The proposed rule requires that persons preparing a water supply service area plan: include the identification of water supply options that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives; delineate a water supply service area; forecast populations and water demands; establish population densities and population forecasts; assess environmental impacts of implementing water supply alternatives; analyze how the plan is consistent with comprehensive and other planning processes; and conduct a public participation process, including review and comment, for a proposed water supply service area plan.
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