PRESIDENT'S MESSAGE  by Bruce Haukom

 

35 years of the Wisconsin County Code Association and still going strong.  This year marks the 35th anniversary of our organization, and the Executive Committee has been working very hard in recognizing this event.  Like so many anniversaries, you always try to determine which one should we attempt to emphasize more.  The 35th seemed appropriate because so many of this organization’s contributors are reaching that time in their careers where they are deciding to move on to other pursuits that may be more relaxing.  That has occurred extensively already.

 

The changing of the guard occurred first about 20 years ago when the original Zoning and Sanitation Administrators that started this organization retired.  The second generation of zoning professionals is now reaching that point, with the new generation in place and ready to make their mark.  As a consequence, I think this year, the 35th anniversary of our organization works well because of the mix of old (relatively speaking), and new professionals are around to reflect on what we have done and where we are going. 

 

As I probably mentioned in earlier DeCoder issues, some of the same issues that were important in 1969 continue in 2004.  NR115, Wisconsin Shoreland Rules, was the principal reason for WCCA to organize.  Today, of course, we are deliberating over the rewrite and balancing the need to address the development pressure occurring on our waterways versus protection of a natural ecosystem that will allow the next generation and their children to enjoy the benefits of Wisconsin’s waterways.  The Native Americans refer to looking forward seven generations when looking at impacts on the natural world.  Our deliberations today appear to have a much shorter view because of the necessity in today’s world to weigh all sides.  We see that with the Department of Natural Resources and within WCCA.  We do the best we can with the hand we’re dealt.

 

We should be proud of the efforts of the WCCA NR115 Committee and specifically with our representatives serving on the state committee.  Our organization will likely have a position on this issue; however, we recognize that each district or each county will and should react where you feel it is necessary.

 

Please come and enjoy the festivities in Green Bay on October 20 through October 22nd.   Dick Mace has put together another excellent program, and there is always lots to see in Green Bay during football season.

 

 

SE District Report by Michelle Staff

 

Where does the summer go?  On August 6, 2004, we had our district meeting at the Waukesha County Administrative Center in Waukesha.  Items of discussion were Statute 66.0628, DNR Emergency Rules, NR115 Revisions and the Fall Conference.  Statute 66.0628 discussions pertained to the Senate Bill which was passed this last session that states “any fee that is imposed by a political subdivision shall bear a reasonable relationship to the service which the fee is imposed.”  The district discussed how each county was relating this new statute with annual increases of permit fees.  There was a lengthy discussion on the DNR Emergency Rules and the role the WCCA should play in this process.  It was also noted that Mary Ellen Vollbrecht will be presenting the rules in length at the fall conference.  For more on the DNR Emergency Rules, go to http://dnr.wi.gov/org/water/fhp/waterway/prposedrules.html.

 

Another subject of discussion was the proposed NR115 rules (first draft).  The district felt that a discussion on these rules should be a full day, and with the many items that were not favorably viewed upon, the district should review the second draft before giving an opinion on these rules.  This decision was also made with guidance from Phil Gaudet, who was present at the DNR Advisory Committee meeting on the rules, and stated that many items of concern may be changed or revised on the next draft.  As it so happens, on August 13, 2004 the Executive Board directed each district representative to have a meeting with their district members and by the Fall Conference have a position on these rules.  The South East District will be meeting on October 8, 2004 at the Waukesha County Administrative Center to review the 2nd draft the NR115 proposed rules and form a position on these new rules.  To download a copy of the proposed NR115 rules go to http://dnr.wi.gov/org/water/wm/dsfm/shore/news.htm.   

 

Hope to see you all at the Fall Conference in Green Bay! Go Packers! As always, if you have any questions or concerns, please contact me at michelles@co.jefferson.wi.us. 

 

East Central District Report by Lesley Roll

 

No report.

 

NorthWest District Report by Karl Kastrosky

 

The Northwest District has been dealing with another near record year for land use permits.  Even in these so-called “Poor Economic Times” there seems to be no shortage of dollars for quality land in Northern Wisconsin.  There is also real proof that the “non-conforming rules and shoreland zoning restrictions”  DO NOT degrade property values and jeopardize the county tax base.

 

Our district met in September at Joe Besinius’s camp and had a great meeting.  These sessions are always a positive reinforcement for the seasoned as well as new zoning officials. 

 

Many topics from NR 115, 116 and 135, UDC, COMM 83, etc were items of discussion.

 

My own area of concern is processing and integrating for land use planning directions into a systematic flow of how they impact the process, applicants, zoning committee, and ordinance revisions.  We have approximately 6 years left to work the bugs out unless the planning law changes.  It will take that long because at least in the North, Zoning Offices & Committee’s will be saddled with the implementation of land use planning due to budget restraints and some opposition to planning.

 

That’s all for now, except we look forward to seeing everyone at the fall conference.

 

Southern District Report  by Scott Godfrey

 

The Southern District held a meeting recently in Dodgeville.  This was appropriate because all but three counties successfully dodged the meeting.  It was an occasion that Scott Godfrey took advantage of, and offered to buy lunch for all of the counties in the district that day.  We are also pleased to introduce Korby Schmidt, the new Zoning Administrator for Green County.

 

 

 

 

Update on Nonmetallic Mining Advisory Council

Submitted by Jim Burgener

 

See the “Mining Reclamation Newsletter” at www.dnr.state.wi.us/org/aw/wm/mining/nonmetallic/newsletter/news4.pdf

 

            The last meeting of the NMAC was held on July 29, 2004 at DeForest.  As the implementation of NR135 is well under way, the meetings are called less frequently.  Topics for this meeting included a status update of the Smart Growth Nonmetallic Resource Workgroup.  With the understanding that the NMAC has no real authority, as our charge is only reclamation and mineral reservation, there is little we can do other than to show how reclamation can further the goals of land use plans.  An information and education meeting similar to the one held in FondDuLac will be held November 10, 2004 in Stevens Point.  The meeting is being sponsored by Wisconsin Counties Association (WCA), Asphalt Pavers of Wisconsin (APW), and Wisconsin Transportation Builders Association (WTBA).  The meeting is being put on for us regulators as well as the industry folks.

 

It appears that the time for the first round of amendments to NR135 is coming.  The following is the current partial “food-for-thought” list of possible code changes presented by Tom Portal.  Contact Tom directly, or me, with any additional ideas.

 

Eliminate NR 135.39 fee table 2 and all reference to “existing mine” and “8 months after December 1, 2000”.

 

Should DNR fees in Table 1 be increased?

 

Change notice requirement to not require 2 insertions

Class 2 notice “require 2 insertions.”  NR 135.20(1)(b) requires regulatory authorities to provide notice of complete reclamation permit application, and reads “The notice shall be published as a Class 2 notice pursuant to s.985.07(2), Stats…”  Sec. 985.07(2), Stats. defines a Class 2 notice as one that will “require 2 insertions.”  The term “insertion” is defined in s.985.01(lm) as publication more than once each week for consecutive weeks.

 

Change to lessor

An error in NR 135.19(6)(b) in the 5th line.  It says “For these situations, the operator shall provide written evidence that the landowner and lessee…  shouldn’t this be lessor?

 

Error in the code:  should refer to the fee set under s. NR 135.39(5)(d).

NR 135.23(2)(b) states “An applicant may submit a request for expedited review with payment of the fee required under s. NR 135.39(4)…”

 

1 acre exemption – should say “of total affected acreage…”

 

Include counties in the definition of municipality

When NR 135 was drafted, we wanted to be able to easily differentiate between the county obligations and the authorities of other local government units, thus the definition of “municipality” for city, village, or town.  When the NMM law was passed, it was in Chap. 144 where “municipality” was explicitly defined and explicitly included counties in the definition.  Therefore at the time of passage, there was no question about legislative intent on this issue.  Chap. 144, Stats. was subsequently split apart and every new chapter that had been in 144 (i.e. Chaps. 281, 283, 285, 289, 291, 292) except the mining chapters (293 and 295) had the old definition of “municipality” repeated in those new chapters.  Chap. 287 has a different definition of municipality because it originated from the former Chap. 159, Stats.  For some unknown reason, (probably an oversight), …no definition of “municipality” was included in chap. 287, Stats. – fix.

 

Remove all reference to automatic permit

 

Get rid of fee tables that are for initial phase, keep only tables 3 and 4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2004 WCCA Fall Conference Agenda

Ramada Plaza Hotel, Green Bay, Wisconsin

October 20, 21 and 22, 2004

Wednesday, October 20, 2004

10:00-11:45 a.m.                     Executive Board Meeting

 

12:00 noon-1:00 p.m.                Registration

 

1:00-1:15 p.m.                         Welcome and Introductions

 

1:15-2:15 p.m.                         Keynote Speaker – Supreme Court Justice, Ann Walsh Bradley – “How the Court functions and future Land Use and Environmental issues for the Court”.

 

2:15-2:30 p.m.                         Break

 

2:30-5:00 p.m.                         NR115 Seminar and Update Panel Discussion, Carmen Wagner-facilitator, Panel Members- Toni Herkert, Phil Gaudet and Paul Kent

 

5:30-6:30 p.m.                         Cash Bar

 

6:30-8:00 p.m.                         Dinner and Guest Speaker, Dan Small, Host of Milwaukee Public Television’s “Outdoor Wisconsin”

(Door Prizes to be awarded)

 

8:00 p.m.                                 Hospitality

 

Thursday, October 21, 2004

7:00–8:30 a.m.                                    Past President’s Breakfast

 

8:30 to 9:45 a.m.                     Act 118 and Emergency Rules Update - Mary Ellen Vollbrecht

 

9:45 to 10:30 a.m.                   E-Permitting-Rich Wolosyn, Florence Co., Steve Kunze, Clark Co.

and Dan Miller, Lincoln Co.

 

10:30 to 10:45 a.m.                 Break

 

10:45-11:00 a.m.                     Vendor Recognition

 

11:00-12:00 noon                    State Agency Updates – DATCP, DNR, DOT and DCOMM

 

Noon-1:00 p.m.                        Lunch

 

1:00-2:00 p.m.                         Recent Board of Adjustment Cases, Lynn Markham, UWSP Center of Land Use Education

 

2:00-2:45 p.m.                         Discussion and Update on Comm 83 and 87, Todd Stair, Herr Environmental, Delafield, WI

 

2:45-3:00 p.m.                         Break

 

3:00-4:00 p.m.                         Business Meeting

 

4:00-5:30 p.m.                         Round Table Discussion with Refreshments

1.      Gary Heinrichs on NR 116 

2.      Karl Kostrosky, General Zoning issues (for new administrators)

3.      Duanne Gruel, Sanitation

 

6:30-8:30 p.m.                         Banquet and Awards Ceremony, “35 Years and Running”, Special Guest Speaker George Meyer, Executive Director, Wisconsin Wildlife Federation and Former Secretary WDNR

 

8:30 p.m.                                                         Hospitality

 

                                                                                                                                                                        (Continued)

Friday, October 22, 2004

7:30-8:30 a.m.                         Breakfast Buffet

 

8:30-9:30 a.m.                         Attorney Dean Richards, Weiss Bersowski Brady LLC

“Recent developments in Land Use, a review of last year’s Appellate Court decisions”

 

9:30-10:30 a.m                        NR 116 Floodpain Rules, Terry Fell, FEMA Region 5 and Gary Heinrichs, DNR

 

10:30-10:45 a.m.                     Break

 

10:45-11:45                             Wind Power Development and Regulation in Wisconsin, Paul Helgeson, Wis. Public Service Commission, Alex DePillis, Department of Administration, Division of Energy-

(Prior to the conference, please review the Model Wind Power Siting Ordinance at

www.doa.state.wi.us/energy/index.asp.  For feedback contact Paul at (608) 266-3905 or Alex at (608) 266-1067.  

 

Adjournment                           


FALL CONFERENCE 2004

WISCONSIN COUNTY CODE ADMINISTRATORS

Ramada Plaza Hotel, 2750 Ramada Way, Green Bay, WI    October 20, 21 and 22, 2004

 


1.       The full registration fee for this seminar is $100.00 for members and $115.00 for non-members.  This fee includes 3 meals, all sessions, materials, door prizes and hospitality. 

2.       Registration paid for after October 13, 2004, will be charged a late fee of $15.00.  Pre-registration is strongly recommended.  We need to know who will attend for meal counts, etc.  Registration fees will be refunded if you cancel before October 8, 2004. 

3.       Spouses and half-day registrants may pay for meals at registration.

4.       Room reservations may be made by calling the Ramada at (920) 499-0631.  Room rates are $62.00 for single occupancy and $72.00 double occupancy.  Let them know you are with WCCA and whether you have a tax exemption for the sales tax when you call.

5.       Room reservations received after October 8, 2004, will be provided on a space available basis.

6.       If you have any questions, please call Richard Mace at (262) 548-7790 or Ken Christopherson at (608) 831-4697.

2750 Ramada Way, Green Bay, WI 54304-5728
 
 

 


 


County/Agency/Company:                                                                                                                                         

 

Registration Fee                                                              Before 10/13/04       After 10/13/04       Amount Due

Member Registrant Name:

                                                                                                      $100                         $115                                   

                                                                                                      $100                         $115                                   

                                                                                           

Non-Member Registrant Name:

                                                                                                      $115                         $130                                    

                                                                                                      $115                         $130                                    

 

Half-Day Registrant Name: (circle which half-day to attend)

                                                                  Wednesday PM

                                                                  Thursday AM

                                                                  Thursday PM               $30                           $40                                      

                                                                  Friday A

 

                                                                  Wednesday PM

                                                                  Thursday AM

                                                                  Thursday PM               $30                           $40                                      

                                                                  Friday AM

                                                                                                            Total Payment Enclosed      $                     

If you are signing up for a half-day registration, please circle which half-day you plan to attend.  Meals are not included with registration for half day registration.

Make the payment out to WISCONSIN COUNTY CODE ADMINISTRATORS

Return registration form along with appropriate fee to:    

Wisconsin County Code Administrators, c/o Vilas County Zoning, 330 Court Street, Eagle River, WI  5452