Rule-Making Notices (Hearing Notices)

Sections 27.01 and 29.089, Stats.

Plain language analysis

The proposed rule would authorize hunting on State Ice Age Trail areas unless the area is posted as closed to hunting. The Department would be able to post certain portions of an Ice Age Trail property as closed to hunting in order to protect public safety, protect a unique animal or plant community, or to accommodate usership patterns. Hunting and firearms discharge would not be allowed on the actual traveled portions of the trail or in an area extending 50 feet from the center of the trail.

Also in state parks, possession of loaded or uncased firearms is illegal where hunting is not allowed. This rule would authorize crossing the traveled portion of a trail in a State Ice Age trail area with a firearm that is not enclosed in a carrying case but which is unloaded. This provision would also apply on other types of state trails.

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

NOTICE IS HEREBY FURTHER GIVEN that 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. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

Summary

The primary costs associated with this rule are for signage that is required in order to indicate where hunting is not allowed on existing Ice Age Trail area properties. Additionally, the department typically identifies the boundaries of Ice Age trail areas and may provide information about allowable activities but that is not a requirement of this rule.

The department has recently purchased standard size masonite signs for $2.55 each from Badger State Industries and a regular supplier of sign posts charges $6.50 a piece. Including labor and mileage, it is estimated that each sign will cost $20.00 to place. If signs were placed at each corner and one per quarter mile of length of a true 80 acre parcel, then 6 signs X $20.00 = $120.00 of expense for signage at that parcel.

There are currently 54 Ice Age trail areas with an average size of 80 acres. Therefore, 54 parcels X $120.00 = $6,480 for signage. Actual costs resulting from this proposal may be lower because signs may already have been placed on some properties and because signage is only required where hunting is prohibited. An exact estimate of costs is difficult to make because irregularly shaped parcels will require different levels of signage.

The department estimates that these one-time costs can be absorbed in the current budget.

In some cases local governments and other entities cooperate with the department in the management of state trail properties. Since the proposed rules will only apply on department managed properties there should be no fiscal effect on department cooperators.

Annualized costs due to this rule proposal are expected to be minimal. 2007 ACT 20 has already required that all new properties acquired with stewardship funds provide notice of public access by the placement of signs. In most cases, these signs can serve the dual purpose of informing the public about access and about allowable activities.

State fiscal effect

Indeterminate. Increase in costs may be possible to absorb within agency's budget.

Local government fiscal effect

None

Fund sources affected

SEG

Affected Chapter 20 Appropriations

Section 20.370 (1) (ea) and (mu), Stats.

Long-range fiscal implications

New properties will require signs and signs will require maintenance however these expenses are not necessarily new since posting property boundaries is a standard DNR practice. Long range fiscal implications will be minimal and can be absorbed within current budgets.

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. NR 1—

rulemaking_notices CR 08-023 CR 08-023

NOTICE IS HEREBY GIVEN that pursuant to ss. 77.06 (2), 77.82 (3) (c), 77.91 (1) and 227.11, Stats., interpreting s. 77.06 (2) and subch. VI of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 46, Wis. Adm. Code, relating to administration of the Forest Crop Law and Managed Forest Law.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

April 16, 2008 Wednesday at 10:00 a.m.	Video conference participation will be available at: Room 139, State Office Building 718 W. Clairemont Avenue Eau Claire
	Room 618, State Office Building 200 N. Jefferson Street Green Bay
	Room 8F, State Office Building 101 E. Wilson Street Madison
	Communications Art Center UW-Stevens Point 1101 Reserve Street Stevens Point

NOTICE IS HEREBY FURTHER GIVEN that 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 Kathy Nelson at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submission of Written Comments, Agency Contact, and Copy of Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Ken Symes, Forest Tax Section, Bureau of Forest Management, P.O. Box 7963, Madison, WI 53707. Comments may be submitted until April 30, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Symes.

Analysis Prepared by Department of Natural Resources

Statutory authority

Sections 77.06 (2), 77.82 (3) (c), 77.91 (1) and 227.11, Stats.

Statutes interpreted

Section 77.06 (2) and subch. VI of ch. 77, Stats.

Plain language analysis

The proposed changes to ch. NR 46, include:

•   Annual stumpage rate adjustments. Sections 77.06(2) and 77.91(1), Stats., require that the Department establish stumpage rates used in calculating severance and yield taxes on timber harvested from land enrolled in the Forest Crop Law (FCL) and Managed Forest Law (MFL). This rule would repeal and recreate s. NR 46.30(2)(a) to (d) to revise the stumpage rates used in calculating severance taxes and yield taxes for timber harvested during the period of November 1, 2008 and October 31, 2009. Thirteen separate zones reflect varying stumpage rates for different species and products across the state. The average change from current rates is a 0.10% increase for pulpwood and a 0.14% decrease for piece products. Private timber sales were used in calculating the proposed stumpage rates.

•   Definitions used the MFL program in s. NR 46.15 are being changed to streamline administration and processing of MFL orders, transfer and withdrawals

•   Changes to ss. NR 46.16 (1) (b) and (6) relate to the processing of petitions and orders of designation. One change will allow landowners to amend their initial petition prior to submission of the management plan packet. As a result of this change it will be easier for landowners to enter lands under the MFL program

•   NR 46.16 (1) (b) clarifies that a management plan packet for the May 15 deadline must be submitted with the petition.

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

Types of small businesses affected

Any business with land enrolled in either the Managed Forest Law or the Forest Crop Law or wishing to enroll land under the Managed Forest Law

Description of reporting or bookkeeping procedures required

No procedures not already required.

Description of professional skills required

No new skills are required.

Small Business Regulatory Coordinator

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

NOTICE IS HEREBY FURTHER GIVEN that 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. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

Summary

This proposed rule change addresses the annual stumpage rate changes used in the calculation of severance and yield tax collections under Forest Cop Law (FCL) and Managed Forest Law (MFL) when timber is harvested from the private lands enrolled in the programs. Other changes proposed include are clarification and procedural and have no fiscal effect.

There is an estimated net increase in state revenues of approximately $2,400.00 due to the processing of MFL transfers.

There is an estimated net increase in local revenues of approximately $3,090.00 due to the changes in stumpage rates.

Timber prices have been stable over the past year. The proposed 2009 stumpage rate schedule includes an average 0.10% increase in sawtimber prices and an average 0.19% increase in cordwood prices. Prices of mixed products (combined sawlogs and pulpwood for red pine, white pine and spruce) decreased 0.14%. Of all total 629 prices calculated, 227 (36%) increased, 125 (20%) decreased and 277 (44%) stayed the same.

The severance and yield tax collected in CY 2006 was $2,078,390.00. Of this, 46% of the gross revenue was from sawtimber harvests. Fifty-four (54%) percent of the revenue was from cordwood harvests. There were no recorded mixed product sales in CY 2006. Based on the very small statewide increase in timber prices an estimated $3,090.00 will be collected for municipalities.

Estimates are based on the average change in rates across species and zone for each product type (cordwood, sawtimber and mixed), the volumes reported and paid for in CY 2006, and the assumption that the volume and the ratio of the cordwood and sawtimber will remain the same. Actual impact for a county and municipality will vary by the number of harvests completed and the actual species and products cut.

State fiscal effect

None

Types of local governmental units affected

Towns, Counties, Villages, Cities

Fund sources affected

SEG

Affected Chapter 20 Appropriations

Section 20.370 (1) (cr), Stats.

Long-range fiscal implications

None

Notice of Hearing

Public Instruction

rulemaking_notices CR 08-018 CR 08-018

NOTICE IS HEREBY GIVEN That pursuant to ss. 115.445 (2) (b) and (3) and 227.11 (2) (a), Stats., and interpreting s. 115.445, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating Chapter PI 16, relating to four-year-old kindergarten grants. The hearing will be held as follows:

Hearing Information

April 17, 2008     Madison
3:00 - 4:30 p.m.     GEF 3 Building
    125 South Webster Street
    Room 041

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please contact Jill Haglund, Early Childhood Consultant at [e-mail], [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copy of Rule

The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to [e-mail] or by writing to:

Lori Slauson

Administrative Rules and Federal Grants Coordinator