Mr. Gerald O’Brien, Chairman
Natural Resources Board
Department of Natural Resources
Box 7921
Madison, Wisconsin
Re: Natural Resources Board Consideration of Rescinding Chapter NR 341, (Emergency Rule Order FH-21-04 E) Relating to Grading on the Banks of Navigable Waterways
Dear Chairman O’Brien:
The Natural Resources Board is probably aware that the Legislature’s Joint Committee for the Review of Administrative Rules has scheduled a meeting tomorrow in Minocqua, Wisconsin to review and potentially suspend several of the rule chapters that this Board adopted pursuant to the legislative direction of Act 118, Laws of 2003.
Of particular concern to the Wisconsin Wildlife Federation is JCRAR’s proposal to suspend certain provisions of Chapter NR 1, specifically sections NR 1.05 (Areas of Special Natural Resource Interest), NR 1.06 (Public Rights Features) and NR 1.07 (Priority Navigable Waters). You will recall that these provisions are critical to and are cross-referenced in each of the key regulatory chapters identified in the Act 118 rules that the Natural Resources Board has adopted.
On May 10, 2004, the Natural Resources Board enacted Chapter NR 341 relating to grading on the banks of navigable waterways. This chapter authorized two general permits for grading projects on virtually every lake and stream in the state. Prior to the issuance of these general permits, individual permits for grading were required for grading on every lake and stream in the state.
You will recall that NR 341, at your request, was carefully negotiated between individuals representing the Wisconsin Builders Association, 1000 Friends of Wisconsin and the Wisconsin Wildlife Federation. Sections NR 1.05, 1.06 and 1.07 are cross-referenced and are critical elements of NR 341. Suspending these key sections will do serious damage to the carefully negotiated natural resource protections included in the general permits for grading on the banks of navigable waterways adopted by the Natural Resources Board on May 10, 2004.
Therefore the Wisconsin Wildlife Federation requests that, if the Joint Committee for the Review of Administrative Rules suspends sections NR 1.05, NR 1.06 and NR 1.07, the Natural Resources Board convene at its earliest practical opportunity and rescind Chapter NR 341 relating to grading on the banks of navigable waterways and request that the parties that negotiated the grading agreement reconvene and make further recommendations for the adoption of general permits for grading that will provide regulatory streamlining while still protecting fish and wildlife habitat, water quality and natural scenic beauty.
The Wisconsin Wildlife Federation strongly believes in the process used by the Natural Resources to bring parties of different interest together to carefully work out complex natural resources regulatory policy. When carefully negotiated agreements on such policy are breached, the Natural Resources Board needs to assure that all parties are involved in resolving the problems caused by such a breach. Thank you for your full consideration of this request.
Very truly yours,
George E. Meyer
Executive Director
Cc:
Secretary Scott Hassett—DNR
Gerry Deschane—Wisconsin Builders Association
Attorney Paul Kent
Steve Hiniker—1000 Friends of Wisconsin
