STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY
AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Department of Safety and Professional Services to amend SPS 360 relating to erosion control, sediment control and storm water
Analysis prepared by the Department of Safety and Professional Services.
------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Wisconsin Statutes § 227.135, authorizes the Department to promulgate rules modifying Chapters SPS 360, 302, 303, 320 to 325 of the Wisconsin Admidinstrative Code.
Section 101.02 (1), Stats. Reads, “The department shall adopt reasonable and proper rules and regulations relative to the exersice of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.”
Section 101.1206 (1) Stats. Reads, “The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.”
Section 101.1206 (7) Stats. Reads, “The department shall promulgate rules for the administration of this section.”
Related statute or rule:
Section NR 216.42
Plain language analysis:
This rule will remove ambiguities and obsolete provisions within SPS 360 relating to erosion control and storm water management at construction sites over one acre in size.
The authority to establish standards for erosion control at construction sites over one acre, as well as standards for storm water management, were granted to the Department of Natural Resources (DNR) by 2013 Act 20. The purpose of this rule is to eliminate conflicts between SPS 360 of this department and rules promulgated by the DNR. Specifically, this rule will eliminate regulation of erosion control at construction sites over one acre and will eliminate references to storm water management.
Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations require erosion and sediment controls on construction sites over one acre. No existing or proposed federal regulations address construction sites under one acre.
Comparison with rules in adjacent states:
Illinois:
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.