4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 281.33(4), Wis. Stats., directs the Department to prepare model ordinances for construction site erosion and storm water management in the form of an administrative rule. s. 283.33(4): “MODEL ORDINANCES; STATE PLAN; DISTRIBUTION. The department shall prepare a model zoning ordinance for construction site erosion control at sites described in sub. (3)(a)1.a. and b. and for storm water management in the form of an administrative rule. The model ordinance is subject to s. 227.19 and other provisions of ch. 227 in the same manner as other administrative rules. Following the promulgation of the model ordinance as a rule, the department shall distribute a copy of the model ordinance to any city, village, town or county that submits a request. The department shall distribute a copy of the state plan to any agency which submits a request.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 120 hours or less of staff time will be spent to develop and promulgate the rule.
6. List with description of all entities that may be affected by the proposed rule:
This rule makes the model ordinances available to any local unit of government that chooses to utilize them. Local units of government are not required to use the model ordinances. However, if a local unit of government does use them, it will be assured that its local ordinances contain the uniform statewide standards established by the Department.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Federal regulations do not require states to create model ordinances for the regulation of construction site erosion control and post-construction storm water management. This rule revision is solely to fulfill a state statutory requirement to prepare the model ordinances by administrative rule.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The economic impact of implementing this rule is expected to be minimal.
9. Anticipated number, month and locations of public hearings:
The Department will hold one public hearing in Madison summer of 2017.
Contact Person:
Suzan C. Limberg
Bureau of Watershed Management
Wisconsin Department of Natural Resources
101 S. Webster Street
P.O. Box 7921
Madison, WI 53707-7921
Phone: 608-266-9278
