5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department anticipates that the lead drafter of the rule will spend 600 hours on the rule development process, other waterway and wetland program staff will spend another 600 hours on the rule, and the following groups will spend a combined 140 hours on the rule development: rule coordinators, Bureau Director, Division Administrator, economist, Board Liasion, program attorneys.
6. List with description of all entities that may be affected by the proposed rule:
Wetland individual permit receipients, wetland non-federal exemption recipients, mitigation bankers, consultants, department staff, US Army Corps of Engineers, and EPA staff, local units of government, and land trusts and other conservation organizations.
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:
The Army Corps of Engineers regulates compensatory mitigation for federal wetland discharge permits under 33 CFR Part 332. The federal mitigation requirement is similar to the state mitigation requirements. The federal regulations include standards for the amount, type and location of required mitigation, standards for planning and documentation for mitigation projects, ecological performance standards, monitoring standards and management standards, and requirements for mitigation banks and in-lieu fee programs. The federal regulations are similar in many respects to the department’s required rule authority for mitigation. The department and the US Army Corps of Engineers jointly issued Guidelines for Wetland Compensatory Mitigation in Wisconsin in 2002, with an updated version in 2013, which captures the process for complying with both state and federal law. The Guidelines reflect that while there are language differences between state and federal regulations, there are not significant conflicts between the two. The revised rule will follow the process for consistency identified in these guidelines. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The revised rule is not likely to have a significant economic impact, including for small businesses as the statutory mitigation requirements and methods remain unchanged. The rule may achieve some measure of positive economic impact, as it is expected to provide efficiency for the regulated community, mitigation bankers, and mitigation project developers.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding two public hearings in the month of July 2020. Hearing cities will be: Madison, Green Bay.
The department will hold these hearings in these locations to get statewide input on the revised NR 350.
Contact Person: Josie Lathrop, Waterway and Wetland Policy Coordinator, 608-267-7662.
Preston D. Cole, Secretary
Date Submitted
