Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 12-R-03 )
An order of the Department of Agriculture, Trade and Consumer Protection creating Chapter
ATCP 49, relating to the Farmland Preservation Program.
Effective 1-1-14
Business Impact Analysis (Summary)
This rule will have a generally positive impact on agriculture-related businesses of all sizes, including farms. This rule will have no negative impact on non-agriculture related businesses. This rule affects businesses in the following ways:
Farmland Preservation Plans
• As part of the farmland preservation planning process, ch.
91, Stats., counties are required to describe the rationale used for determining the farmland preservation area. This rule clarifies that the rationale must be based on objective criteria related to characteristics of the land parcels themselves, including the proximity of parcels to agricultural infrastructure and the historical use of the land for agriculture-related purposes. As part of the farmland preservation planning process, counties are required to inventory and evaluate agriculture-related businesses and services, including agricultural production and enterprises related to agriculture. This process helps to ensure that agriculture-related businesses can be measured within the community and aids counties as they continue to plan for the presence of these businesses.
Farmland Preservation Zoning
• Chapter
91, Stats., allows a political subdivision to locate accessory and agriculture-related uses within a certified farmland preservation district. This rule provides guidance as to the types of uses that may be considered accessory and agriculture-related.
• Accessory uses, under the rule, include facilities for storing, processing, selling, and housing agricultural products. Such uses primarily support agricultural activities occurring on the farm. These uses can make it possible for a farm to generate income through direct-to-consumer sales, such as a roadside farm, or can add value to a product produced on the farm, such as a cheese processing facility. The rule also specifies that an accessory use may include those uses that generate income yet do not conflict with (or may be enhanced by) the farm operation. Listed uses include crop mazes, agricultural tourism, and you-pick operations. The clarification of permissible accessory uses facilitates the inclusion of agricultural businesses, particularly small agricultural businesses, within the farmland preservation district.
• The rule also clarifies that agriculture-related uses include facilities that support agriculture even though the use itself may not be located on a farm. Such uses include facilities that primarily provide agricultural supplies, agricultural equipment, fertilizers, pesticides or other agricultural inputs, or other agricultural services directly to farms. These uses also include manure digesters, facilities that slaughter livestock, and agricultural processing plants. The rule clarifies that political subdivisions may include within a farmland preservation zoning district businesses that support agriculture. Allowing such businesses to locate within a farmland preservation district helps provide these businesses with a potential customer base and may add additional economic certainty to farmers with land in the certified farmland preservation district.
Farmland Preservation Agreements
•This rule clarifies that the department may deny an application for a farmland preservation agreement if the department determines that the agreement would conflict with the goals of the agricultural enterprise area program or would impair or limit agricultural uses on other lands in the agricultural enterprise area.
Comments from Legislative Committees (Summary)
On July 10, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Small Business, and Tourism. Neither committee took action. The Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on August 22, 2013, and the Senate referred it to JCRAR on September 3, 2013.
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 12-R-06 )
An order of the Department of Agriculture, Trade and Consumer Protection revising Chapters
ATCP 125 and
134, relating to manufactured home communities — fair trade practices.
Effective 1-1-14
Business Impact Analysis (Summary)
The rule impacts manufactured home park operators. Many manufactured home park operators are small businesses. This rule does make minor changes to park operators' duties and responsibilities, but will only have a very minor monetary impact.
Comments from Legislative Committees (Summary)
On August 29, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Consumer Protection and the Senate Committee on Agriculture, Small Business, and Tourism. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on October 9, 2013, and the Assembly referred it to JCRAR on October 11, 2013. JCRAR took no action on the rule.
Health Services
An order of the Department of Health Services revising Chapter
DHS 132, relating to the establishment of rules to guide the actions of the quality assurance and improvement committee to review proposals and award moneys for innovative projects in regards to nursing homes.
Effective 1-1-14.
Final Regulatory Flexibility Summary
The department did not hold a public hearing or formally accept public comments on the proposed rule as permitted under s.
227.16 (2) (b), Stats. The rule change does not require reports. The rule change will have no effect on businesses.
Comments of Legislative Standing Committees
No comments were received.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # ER-27-11 )
An order of the Wisconsin Natural Resources Board revising Chapter
NR 27, relating to revising Wisconsin's endangered and threatened species list.
Effective 1-1-14.
Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis was not prepared since the proposed rule does not impose compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have a significant economic impact on a substantial number of small businesses under s.
227.114 (6) or
227.14 (2g), Stats. A review by the Small Business Regulatory Review Board was not required under s.
227.19 (3) (h), Stats.
Legislative Comments
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-18-12 )
An order of the Wisconsin Natural Resources Board revising Chapters
NR 20 and
23, relating to fishing regulations on inland, outlying, and boundary waters of Wisconsin.
Effective January 1, 2014, in part, and April1, 2014, in part.
Final Regulatory Flexibility Analysis
The proposed rule will have minimal to no impact on businesses and members of the public. As with any change in regulations, there will be a requirement for anglers to learn the new rules. However, the Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
The Department has determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state. It is not expected that there will be any economic impact directly related to these rule changes on anglers or fishing-related businesses. The proposed rule does not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. No fiscal impacts are expected for public utility rate payers or local governmental units.
The goal is to ensure the rule language that governs fishing in inland, outlying, and boundary waters properly reflects the desired management of Wisconsin waters.
This determination was made after the Department requested economic impact comments from Wisconsin Conservation Congress, WI Wildlife Federation, Great Lakes Indian Fish & Wildlife Commission, WI Association of Lakes, WI Bow Hunters Association, WI Archery Alliance, WI Traditional Archers, WI Federation of Great Lakes Sport Fishing Clubs, WI Council of Sport Fishing Organizations, Federation of Fly Fishers — Wisconsin Council, Musky Clubs Alliance of Wisconsin, Inc., Salmon Unlimited, Trout Unlimited — WI Council, Walleyes for Tomorrow, WI Bass Federation, Izaak Walton League — Wisconsin Division, Lake Michigan Fisheries Forum, Wisconsin Aquaculture Association, American Fisheries Society — Wisconsin Chapter, Natural Resources Foundation of WI, Gathering Waters, River Alliance of Wisconsin, UW Sea Grant, League of WI Municipalities, WI Towns Association, WI Counties Association, Northeast WI Great Lakes Sport Fishermen, and Great Lakes Sport Fishermen of Milwaukee. Proposed rule documents were also posted on the Department website and the Wisconsin Administrative Rules website.
Legislative Comments
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
1—
