Statement of Scope
Department of
Natural Resources
Rule No.
:
|
OE-
20
-
14(E)
and
OE-
21
-
14
|
Relating to
:
|
E
nvironmental analysis and review procedures
under
Ch.
NR
150
Wis. Admin. Code
|
Rule Type
:
|
Permanent and Emergency
|
1.
Finding/nature of emergency (Emergency Rule only):
This rule is
needed
to clarify
and modify
t
he procedures for the review and analysis of new
administrative
rules
,
WEPA compliance determinations fo
r various permits,
plan approvals
and other actions and policies,
and other
relevant
changes
,
in order to assure that the
general
intent of the
ch.
NR 150
revision is being met
, that
potential procedural questions
or legal challenges
do not invalidate years of work and public engagement on
new
rule packages
or other actions and policies
.
A new
emergency rule
and following permanent rule
is needed to ensure processing and enactment of rule proposals in a manner that is consistent with past WEPA compliance approaches that have been upheld by the courts
, along with
clarifying publication
requirements, WEPA compliance determinations fo
r various permits,
plan approvals
and other actions and policies
.
2. Detailed description of the objective of the proposed rule:
Chapter
NR 150
was revised and went int
o
effect April 1, 2014.
The previous version of the code classified most
administrative
rules as “Type 3
or 4
actions”, a classification requiring some form of public notice and no additional environmental analysis
.
The rule change
s
would further
clarify
th
at emergency rules are “minor actions” requiring no additional environmental analysis, and that the process for developing permanent rules ar
e
“equivalent analysis actions
,
”
as well as clarifying the various applicable definitions
related to those rules and actions
. These changes would more
clearly outline the required review process for administrative rules
, and provide further clarification though refining definitions
.
Additional
changes to clarify publication
requirements
,
WEPA compliance determinations
fo
r various permits,
plan approvals
and other actions and policies,
and other
changes,
generally
consistent with the intent of the rule
as
presented to the public and approved by the NRB
,
will also be included in the emergency and permanent rule
.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
The
rule change would clarify
and support the general intent of
what was presented to the public through the Natural Resources Board process for development of the current
ch.
NR 150
.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
The department is
responsible for compliance with department rules and procedures pursuant to
s
s
.
1
.11
and
227.11
,
Stats.
Pursuant to s.
227.24
(1)
(a)
Stats., the department finds that putting this rule into effect prior to the time it would take effect usi
ng the permanent rule process is
necessary to
ensure that the department and public time involved in lengthy rule processes for current rules is not compromised by a confusing definition in
ch.
NR 150
.
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
8
0
hours.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
This clarifies internal procedures for rules development
, as well as WEPA compliance for various actions and policies
.
WEPA (and therefore
ch.
NR 150
) compliance is a requirement for all Department programs. DNR staff and many
regulated entities and interested parties involved
in the full array of DNR activities,
including policy making, planning, and permitting, may have an interest i
n the revised rule.
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
:
None.
8
.
Anticipated economic impact of
implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses
)
:
None
.
9. Anticipated number, month and locations of public hearings:
The Department anticipates holding
one
public hearing.
The Department will hold th
i
s hearin
g
in
Madison
to
seek public comment on the changes to the rule
.
Contact Person:
James
Pardee
, 608-26
6
-
0426
