Scope statements
Health and Family Services
Subject
The Department proposes to repeal and recreate ch.
HFS 113, rules governing certification of first responders. The objective of the rulemaking is to incorporate and reflect current medical practices in HFS 113, update the rule's training requirements, and better define first responders.
Policy analysis
The existing HFS 113 focuses primarily on first responders' defibrillation skills, training and certification. The Department proposes to update the terms defined in the chapter to better reflect current medical practice and expand first responders' authorized scope of practice. The Department also proposes to update and clarify first responders' training and operational requirements. For example, the Department will propose to alter the curriculum for first responder training to reflect new and advanced skills, including non-visualized advanced airway and epinephrine administration via auto injector for anaphylactic shock. The use of these skills will depend on medical direction to the first responder. In addition, given the proven efficacy of defibrillation, the proposed rules will no longer consider defibrillation to be an optional skill. Finally, the Department intends to reorganize the chapter to be similar to the organization of chapters HFS 110, 111 and 112, other administrative code chapters pertaining to emergency medical services.
Statutory Authority
Staff time required
The Department estimates it will take 120 hours of staff time to develop proposed rules. The Department will consult with the state medical director for emergency medical services and with the Policy and Practice Committee of the EMS Advisory Board and others with particular expertise regarding First Responders during the drafting of the rules.
Natural Resources
Subject
The proposed rule concerns the conduct of visitors to Department properties. We are also considering clarification to the section on park trails in s.
NR 1.30 and a possible change to s.
NR 51.73 to update the current list of designated state trails.
Policy analysis
Camping fees: The Department will be evaluating proposals to institute a fee for camping in areas currently not subject to a charge, minor modifications to the list of Class “A" and “B" campgrounds, and modifications to Class A camping fees based on market conditions. An adjustment of fees to reflect current charges at the two outdoor group campsites with electrical service, and an adjustment to shelter fees are also being considered.
Camping policies: Adjustments to the maximum permitted length of a camping stay, and adjustment to the dates for one day camping reservations are also being considered. Modifications are also being considered regarding campsite occupancy and transferability of camping permits and reservations. The need for a definition of campsite occupancy is also being evaluated. Limits on the maximum length of a camping stay is also being considered for some campgrounds within the Northern Highland American Legion State Forest.
State park and southern forest policies (other than camping): A permit requirement to operate a dog sled in a state park, recreation or southern forest land is being considered. A clarification of the definition of posted use areas for pets may also be needed. A provision that would restrict down hill skiers and snowboarders to the leased area of Granite Peak at Rib Mountain State Park is also being evaluated.
Trails: A number of changes are also being evaluated regarding trails. Clarification of permitted activities/rules on state Ice Age Trail (IAT) lands, and an acknowledgment that dispersed camping may be permitted on certain IAT lands are being considered as well as a clarification that the trails on IAT lands and the North Country Trail are intended as a footpath. An update to the list of designated state trails in ch.
NR 51 and a clarification of s.
NR 1.30 (1) (e) to reflect the linear trail program/designation are also being considered. There is also interest in clarifying that vehicles may only be operated on posted roads and trails, that trail fees are applicable year round, modifying the definition of pedestrian to parallel what is in statute, and that hunting is not allowed on state park trails. Having the ability to revoke disabled permits for violating the terms of the permit is also being evaluated.
State natural areas: Provisions which are being considered are a prohibition on air guns on state Natural Areas, a prohibition on flying related activities (such as hang gliding, hot air ballooning, etc.), codifying that berry picking is permitted at Spread Eagle Barrens Natural Area property and codifying the fact that Bass Lake Fen Scientific Natural Area is closed to hunting.
Miscellaneous:
• A restriction on the use of rifles, handguns and shotguns with slugs on one property,
• Language prohibiting a person from knowingly resisting or obstructing a peace officer while the officer is doing any act in an official capacity and with lawful authority,
• Clarification to the definition of posted use areas for the purposes of pets is also being considered.
• Clarifications to the fee areas at Indian Mound Area within the American Legion State Forest
• Reduction in the area in which pets are prohibited within the Pinewoods Group Camp in the northern unit of the Kettle Morraine State Forest.
• Other miscellaneous property management regulations will also be considered including those that are designed to improve the clarity of code language.
Affected and interested parties: The affected and interested parties would be the users of the properties. Many of the proposals are simply clarifications of existing rules. The proposal that likely would generate the greatest level of interest if advanced is the charging of fees for camping in areas currently not subject to a fee. The fees are being considered to help offset the operational costs of these camping areas. The Department has been encouraged by the hunting and fishing community to seek ways to obtain revenue from other users of Department properties. The fee increases are designed to help accomplish that goal.
Statutory Authority
Staff time required
Approximately 120 hours will be needed by the Department.
Natural Resources
Subject
Chapter
NR 116, Wisconsin's floodplain management program.
Policy analysis
DNR staff have identified a number of proposed changes to Ch.
NR 116 to address implementation of the floodplain management program. These include: providing regional staff with more flexibility to deal with requests for engineering assistance and for reviewing and approving floodplain zoning ordinances; addressing concerns of the Federal Emergency Management Agency that some current code provisions may not meet minimum federal standards; modifying the basement variance standards to comply with a Wisconsin Supreme Court case; clarifying community responsibilities for substantial damage assessments; and providing more specificity on how floodproofing projects can be accomplished.
DNR staff are proposing to hold discussions with private consultants, federal agency staff and regional planning commission staff regarding the review and approval of floodplain engineering models and associated maps. Based on those discussions, the department may convene an advisory group to recommend possible changes to current engineering standards in Ch.
NR 116.
Statutory authority
Staff time required
Approximately 310 hours will be needed by the department.
Federal regulatory analysis
Chapter
44 CFR, subpart 60, contains minimum federal criteria for land management and use in Special Flood Hazard Areas (SFHA). Under this subpart, development, which is defined as any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment, must be permitted and regulated as described therein.
The extent of the federal regulations are based on the type of study and associated maps which have been provided to the community. If the community does not have maps, but has acknowledged the presence of flood-prone areas by submitting an application to join the National Flood Insurance Program (NFIP), the community must at a minimum issue permits for development in flood-prone areas and review all applications to ensure that development is reasonably safe from flooding by meeting the following standards: 1) ensure that all new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; 2) be constructed with flood-resistant materials; 3) be constructed using methods to minimize flood damages; and 4) ensure that all mechanical components and utilities are properly elevated to prevent flood damages.
If a community has identified SFHA's, but no flood elevations are shown, the community must utilize any available study data to determine an approximate flood elevation and ensure that the lowest floor of any proposed structure be placed at or above that elevation. If a mapped flood elevation has been determined, that elevation must be used for all proposed development. If the regulatory floodway is shown on the map, no development can occur in the floodway unless the applicant can demonstrate that the development will cause no increase in the existing flood elevation. In addition to these criteria, the general development standards for unmapped areas would also apply.
In Wisconsin, Chapter
NR 116, Wis. Adm. Code, contains the minimum standards for floodplain development. Unlike the federal standards, Wisconsin regulations vary between floodway and floodfringe areas. New development is prohibited in floodway areas because these areas of moving water are extremely hazardous and are not safe for most structural development. There are several exceptions: open-sided structures accessory to open-space uses, water-dependent uses, or historic structures are allowed in limited circumstances.
In floodfringe areas, which are farther from the river channel and are used to store flood waters rather than convey flood waters down stream, new development, additions or modifications to existing development are permitted if the development is elevated on fill one foot above the regional flood elevation (RFE), with the lowest finished floor two feet above RFE. Federal standards only require elevation to the RFE, but Wisconsin and many other states have always had higher standards for a number of reasons: concerns with spring snow melt, ice or debris jams; higher flood elevations due to increased development in the watershed; poor quality mapping with incorrect flood elevations; and to avoid structures being designated nonconforming if flood elevations change and they no longer meet required elevation standards.
Also, Wisconsin requires new floodfringe development to have dryland access to lands outside the Special Flood Hazard Area, in order to assure that emergency service providers can access floodplain structures during flood events.
At this time, the department is not proposing any substantive changes to the development standards in ch.
NR 116. The primary issues are providing more flexibility in the departments floodplain technical assistance program, assuring compliance with all federal standards and recent Wisconsin Supreme Court decisions, and ensuring that engineering models and standards are current. As part of the Technical Advisory Committee's charge, standards for accessory structures and floodproofing standards may be reviewed to determine whether any standards should be modified or added to keep current with accepted engineering standards and practices.
Public Instruction
Subject
Section
PI 6.03, relating to public librarian certification.
Policy analysis
The department proposes to refine and update the current public librarian certification rules. The current certification rules have been in place for four years. Since that time, a number of issues have arisen and certification would be improved, both administratively and for participants, if the rules were refined and updated.
New policies included in the rule: Temporary certification would be available at the grade II and grade III levels for up to four years to enable public librarian certification applicants to complete the four library courses required for regular certification. Applicants at both of these levels would be required to begin the course sequence with a public library administration or basic library management course and complete it within one year. Applicants would be required to complete at least one other of the four required courses by the end of the third year (overall, applicants would be required to complete an average of one library course per year for four years with a temporary certificate).
Policy alternative to maintain current rules: Temporary certification is currently available at the grade II level for up to three years to enable certification applicants to complete the four library courses required for regular certification. The certification rules for grade II do not specify the course sequence. Temporary certification is currently available at the grade III level for up to one year to enable applicants to complete a basic library management course. Initial regular certification at the grade III level is available for five years to enable applicants to complete three additional library courses.
Statutory authority
