STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 16-052)
ORDER
An order of the Department of Safety and Professional Services to repeal SPS 360.04 (6), 360.12, 360.13 (2), 360.21 (2), 360.30 and to amend SPS 360.01, 360.02, 360.11 and to create SPS 360.02 (Note) relating to erosion control, sediment control and storm water.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Wisconsin Statutes § 227.135, authorizes the Department to promulgate rules modifying Chapters SPS 360, 302, 303, 320 to 325 of the Wisconsin Administrative Code. Section 101.02 (1), Stats. Reads, “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.” Section 101.1206 (1) Stats. Reads, “The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.” Section 101.1206 (7) Stats. Reads, “The department shall promulgate rules for the administration of this section.” Related statute or rule:
NR 216.42
Plain language analysis:
This rule will remove ambiguities and obsolete provisions within SPS 360 relating to erosion control and storm water management at construction sites over one acre in size.
The authority to establish standards for erosion control at construction sites over one acre, as well as standards for storm water management, were granted to the Department of Natural Resources (DNR) by 2013 Act 20. The purpose of this rule is to eliminate conflicts between SPS 360 of this department and rules promulgated by the DNR. Specifically, this rule will eliminate regulation of erosion control at construction sites over one acre and will eliminate references to storm water management. Summary of, and comparison with, existing or proposed federal regulation:
Federal regulations require erosion and sediment controls on construction sites over one acre. No existing or proposed federal regulations address construction sites under one acre.
Comparison with rules in adjacent states:
Illinois:
An Internet search has revealed that Illinois has a two phase erosion and stormwater plan. Under Phase I, operators are required to obtain permit coverage for construction activity that resulted in a total land disturbance of 5 acres or more. Phase II reduces that project size to 1 acre or more.
Iowa:
