Skip navigation Wisconsin State Legislature
This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.

Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 769B

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: January 27, 2020
Subscribe to receive email notification of changes to Administrative Code chapters or of selected notices published in the Administrative Register.

Table of Contents

Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR1923
Expires: May 27, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior fishery and affecting small business
EmR1922
Expires: March 30, 2020
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 50
Youth crisis stabilization facility
EmR1921
Expires: April 6, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Ruffed grouse management
EmR1919
Expires: March 12, 2020
Office of the Commissioner of Insurance (Ins)
ch. Ins 3
Amending Medicare supplemental insurance regulations and reporting requirements
EmR1918
Expires: February 26, 2020
Department of Children and Families (DCF)
Chs. DCF 1-20; Rules Affecting Multiple Department Programs
Chs. DCF 201-252; Early Care and Education
ch. DCF 12
ch. DCF 13
ch. DCF 40
ch. DCF 202
ch. DCF 204
ch. DCF 250
ch. DCF 251
ch. DCF 252
Child care licensing and certification updates related to the child care and development block grant
EmR1917
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Delegate-check-delegate
EmR1916
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Automated technology product verification check
EmR1915
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacist to delegate ratios
EmR1914
Expires: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2019 migratory bird season framework and regulations in Ch. NR 10
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1816
Expires: July 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
EmR1808
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Industrial hemp and affecting small businesses
EmR1215
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The coyote hunting season.
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 002-20
Department of Workforce Development (DWD)
ch. DWD 802
Technical education equipment grants

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 028-19 Notice of Hearing
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
ch. SPS 320
ch. SPS 321
ch. SPS 322
ch. SPS 323
ch. SPS 324
ch. SPS 325
ch. SPS 326
Update to Uniform Dwelling (One-and 2-family dwellings) Code and manufactured home communities
SS 121-19 Notice of Hearing
Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 211
Regulation of wastewater discharges from dental offices to sanitary sewers
SS 122-19 Notice of Hearing
Department of Natural Resources (NR)
Chs. NR 300-399; Environmental Protection – Water Regulation
ch. NR 300
ch. NR 301
ch. NR 305
ch. NR 310
The administration, procedures and enforcement of the Wisconsin wetland and waterway regulatory program

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-004
Department of Safety and Professional Services (SPS)
Chs. SPS 400- ; Educational Approval
ch. SPS 401
ch. SPS 404
ch. SPS 407
ch. SPS 411
Educational approval program
CR 20-005
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2019 Wisconsin Act 44

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-004
Department of Safety and Professional Services (SPS)
Chs. SPS 400- ; Educational Approval
ch. SPS 401
ch. SPS 404
ch. SPS 405
ch. SPS 406
ch. SPS 407
ch. SPS 408
ch. SPS 409
ch. SPS 410
ch. SPS 411
Educational approval program
CR 20-005
Department of Public Instruction (PI)
ch. PI 34
Changes to PI 34 as a result of 2019 Wisconsin Act 44
EmR1923
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior fishery and affecting small business

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-045
Department of Transportation (Trans)
ch. Trans 201
ch. Trans 202
Wisconsin Scenic Byway Program
CR 19-006
Department of Transportation (Trans)
ch. Trans 58
Surveying reference station system (height modernization) user fee
CR 19-073
Department of Transportation (Trans)
ch. Trans 2
Elderly and disabled transportation capital assistance program
CR 19-120
Department of Public Instruction (PI)
ch. PI 35
Changes to rules governing the Milwaukee Parental Choice Program as a result of 2017 Wisconsin Acts 36 and 59 and other changes
CR 19-121
Department of Public Instruction (PI)
ch. PI 48
Changes to rules governing the Parental Choice Programs as a result of 2017 Wisconsin Acts 36 and 59 and other changes
CR 19-145
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacy practice
CR 19-147
Department of Public Instruction (PI)
ch. PI 30
Clarifying high cost special education aid

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-009
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 25
Taking catfish and rough fish by hand or with a bow and arrow or crossbow

Executive Orders

Document
Related to
EO 64
A special session of the legislature
EO 65
The creation of the governor's blue ribbon commission on rural prosperity

Guidance Documents

Agency
Department of Agriculture, Trade and Consumer Protection (ATCP)
Department of Children and Families (DCF)
Department of Health Services (DHS)
Department of Natural Resources (NR)
Department of Revenue (Tax)
Department of Transportation (Trans)
Department of Workforce Development (DWD)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 17-073
Effective: February 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
Food processing plants and food processing provisions in related administrative rules
CR 18-019
Effective: February 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
Chs. ATCP 90-139; Trade and Consumer Protection
Chs. ATCP 140- ; Marketing
ch. ATCP 21
ch. ATCP 40
ch. ATCP 42
ch. ATCP 65
ch. ATCP 71
ch. ATCP 72
ch. ATCP 73
ch. ATCP 76
ch. ATCP 77
ch. ATCP 78
ch. ATCP 79
ch. ATCP 90
ch. ATCP 91
ch. ATCP 92
ch. ATCP 94
ch. ATCP 99
ch. ATCP 105
ch. ATCP 118
ch. ATCP 163
ch. ATCP 164
ch. ATCP 165
ch. ATCP 166
ch. ATCP 21 Appendix A
Various minor and technical rule changes
CR 19-007
Effective: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 1
Aquaculture and fish farms
CR 19-017
Effective: February 1, 2020 and May 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 45
The 2019 Wildlife Management spring hearing rule related to hunting, trapping, and target shooting.
CR 19-026
Effective: February 1, 2020
Optometry Examining Board (Opt)
ch. Opt 4
Licensure by endorsement
CR 19-027
Effective: February 1, 2020
Optometry Examining Board (Opt)
ch. Opt 6
Diagnostic and therapeutic pharmaceutical agents
CR 19-028
Effective: February 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 10
Use of pharmaceutical agents by licensed optometrists
CR 19-033
Effective: February 1, 2020
Optometry Examining Board (Opt)
ch. Opt 3
ch. Opt 4
ch. Opt 7
Examination on the treatment and management of ocular disease
CR 19-050
Effective: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 151
Non-agricultural performance standards, developed urban areas and transportation facility performance standards, developed urban areas
CR 19-051
Effective: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 60
Public inland lake protection and rehabilitation
CR 19-053
Effective: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 216
Applicability, construction sites
CR 19-066
Effective: February 1, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 180-189; Midwives
ch. SPS 180
ch. SPS 181
ch. SPS 182
ch. SPS 183
Licensure, standards of practice, and grounds for discipline of midwives
CR 19-068
Effective: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2019 migratory bird season framework and regulations in Ch. NR 10

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Instructions For Inserting and Removing Administrative Code Chapters

Instructions For Inserting and Removing Administrative Code Chapters

Administrative Code Chapters Inserted By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
TOC
Department of Agriculture, Trade and Consumer Protection (ATCP), Chs. ATCP 55-89; Food, Lodging, and Recreation Safety TOC
Inserted
ATCP 21
Plant Inspection And Pest Control
Inserted
ATCP 40
Fertilizer And Related Products
Inserted
ATCP 42
Commercial Feed
Inserted
ATCP 65
Milk And Milk Products
Inserted
ATCP 70
Wholesale Food Manufacturing
Inserted
ATCP 71
Food Warehouses And Milk Distributors
Inserted
ATCP 72
Hotels, Motels, And Tourist Rooming Houses
Inserted
ATCP 73
Bed And Breakfast Establishments
Inserted
ATCP 76
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Inserted
ATCP 78
Recreational And Educational Camps
Inserted
ATCP 79
Campgrounds
Inserted
ATCP 90
Fair Packaging And Labeling
Inserted
ATCP 91
Selling Commodities By Weight, Measure Or Count
Inserted
ATCP 92
Weights And Measures
Inserted
ATCP 94
Petroleum And Other Liquid Fuel Products
Inserted
ATCP 99
Grain Dealers And Grain Warehouse Keepers
Inserted
ATCP 105
Sales Below Cost
Inserted
ATCP 118
Car Rentals; Customer Notices
Inserted
ETH 16
Lobbying
Inserted
NR 1
Natural Resources Board Policies
Inserted
NR 10
Game And Hunting
Inserted
NR 13
Chippewa Treaty Rights Participants
Inserted
NR 45
Use Of Department Properties
Inserted
NR 60
Public Inland Lake Protection And Rehabilitation
Inserted
NR 140
Groundwater Quality
Inserted
NR 151
Runoff Management
Inserted
NR 216
Storm Water Discharge Permits
Inserted
Opt 3
Licensure
Inserted
Opt 4
Licensure By Endorsement
Inserted
Opt 6
Use Of Diagnostic And Therapeutic Pharmaceutical Agents And Removal Of Superficial Foreign Bodies From An Eye Or From An Appendage To The Eye
Inserted
Opt 7
Renewal Of Certificate Of Registration
Inserted
PI 11
Children With Disabilities
Inserted
SPS 10
Use Of Pharmaceutical Agents By Licensed Optometrists
Inserted
SPS 85
Real Estate Appraisers
Inserted
SPS 180
Authority And Definitions
Inserted
SPS 181
Applications For Licensure, Renewal Of Licenses And Temporary Permits
Inserted
SPS 182
Standards Of Practice
Inserted
SPS 183
Grounds For Discipline

Administrative Code Chapters Removed By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Removed
ATCP 21
Plant Inspection And Pest Control
Removed
ATCP 21 Appendix A
Appendix A Areas Infested By Hemlock Woolly Adelgid
Removed
ATCP 40
Fertilizer And Related Products
Removed
ATCP 42
Commercial Feed
Removed
ATCP 65
Milk And Milk Products
Removed
ATCP 70
Food Processing Plants
Removed
ATCP 71
Food Warehouses And Milk Distributors
Removed
ATCP 72
Hotels, Motels, And Tourist Rooming Houses
Removed
ATCP 73
Bed And Breakfast Establishments
Removed
ATCP 76
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Removed
ATCP 78
Recreational And Educational Camps
Removed
ATCP 79
Campgrounds
Removed
ATCP 90
Fair Packaging And Labeling
Removed
ATCP 91
Selling Commodities By Weight, Measure Or Count
Removed
ATCP 92
Weights And Measures
Removed
ATCP 94
Petroleum And Other Liquid Fuel Products
Removed
ATCP 99
Grain Dealers And Grain Warehouse Keepers
Removed
ATCP 105
Sales Below Cost
Removed
ATCP 118
Car Rentals; Customer Notices
Removed
ETH 16
Lobbying
Removed
NR 1
Natural Resources Board Policies
Removed
NR 10
Game And Hunting
Removed
NR 13
Chippewa Treaty Rights Participants
Removed
NR 45
Use Of Department Properties
Removed
NR 60
Public Inland Lake Protection And Rehabilitation
Removed
NR 140
Groundwater Quality
Removed
NR 151
Runoff Management
Removed
NR 216
Storm Water Discharge Permits
Removed
Opt 3
Licensure
Removed
Opt 4
Licensure By Endorsement
Removed
Opt 6
Use Of Diagnostic And Therapeutic Pharmaceutical Agents And Removal Of Superficial Foreign Bodies From An Eye Or From An Appendage To The Eye
Removed
Opt 7
Renewal Of Certificate Of Registration
Removed
PI 11
Children With Disabilities
Removed
SPS 10
Use Of Pharmaceutical Agents By Licensed Optometrists
Removed
SPS 85
Real Estate Appraisers
Removed
SPS 180
Authority And Definitions
Removed
SPS 181
Applications For Licensure, Renewal Of Licenses And Temporary Permits
Removed
SPS 182
Standards Of Practice
Removed
SPS 183
Grounds For Discipline

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@legis.wisconsin.gov

 
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.