PETITION OF THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES REPEALING AN UNAUTHORIZED RULE
The Wisconsin Department of Natural Resources proposes the following permanent rule to repeal NR
216.42 (4), (4) (Note), (5), (9), and (9) (Note), relating to: applicability, construction sites.
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Analysis Prepared by the Department of Natural Resources
1. Statutes Interpreted:
2. Statutory Authority:
3. Explanation of Agency Authority:
Under s. 227.26 (4) (b), Stats., an agency that promulgated or that otherwise administers a rule that the agency determines is an unauthorized rule shall petition the joint committee for review of administrative rules for authorization to repeal that rule. The Department of Natural Resources proposes repealing specific sections of ch. NR 216, Wis. Adm. Code, Storm Water Discharge Permits, because they conflict with current state law and are now unauthorized. Pursuant to s. 227.26 (4) (b) 1., Stats., the department has determined that the repeal of these specific sections in ch. NR 216 as described herein is appropriate since they meet the criteria for unauthorized rules.
4. Related Statutes or Rules:
5. Plain Language Analysis:
Under the statutes interpreted and statutory authority described above, the proposed rule will repeal ch. NR 216.42(4), (4) (Note), (5), (9), and (9) (Note), Wis. Adm. Code, as unauthorized rules. Section 2 repeals s. NR 216.42 (5) because under 2015 Wis. Act 307, the exemption from obtaining a Department of Natural Resources construction site storm water permit for a transportation activity was removed from s. 30.2022, Stats., and a permit required under 283.33 (4m), Stats.
6. Agency Contact Person:
Jim Bertolacini, DNR Storm Water Program Coordinator, Wisconsin DNR WT/3, 101 S. Webster St.,
TEXT OF RULE
SECTION 1. NR 216.42 (4) and (4) (Note) are repealed.
SECTION 2. NR 216.42 (5) is repealed.
SECTION 3. NR 216.42 (9) and (9) (Note) are repealed.
SECTION 4. EFFECTIVE DATE. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
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