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Revised regulatory bill ready for action
11:35 PM 1/12/04
Phil Brinkman State government reporter

For weeks, Democrats and Republicans have been fighting about the best way to streamline air and water permits for businesses and landowners while protecting the state's cherished environmental resources. <

While they've come at it from different perspectives - Republicans see the issue as a stimulus for job growth in the state, while Democrats focus on the bill's environmental impact - both sides say they want essentially the same thing: A consistent, reliable and timely review process by the state Department of Natural Resources. <

After announcing a compromise Friday, Republicans plan to introduce an amendment to their already once-revised "Job Creation Act" in the state Assembly today. <

The amended legislation keeps many of the environmental protections in place. But it seeks to shift the DNR's focus to larger projects that pose the most serious threats, while providing less oversight to minor projects, particularly those in or near waterways. <

Many other projects that now require individual permits would be allowed to proceed under a broader "general" permit, which doesn't require DNR approval. However, the state would still have the authority to step in if it determines the activity would cause significant harm. <

Conservationists say the revised bill lowers environmental standards, contrary to the assertions of Democratic Gov. Jim Doyle, who negotiated the compromise with the Legislature's Republican leadership. <

"The bottom line is there will be harm to the resources. Maybe less than the first bill, but this, over a period of time, will have significant adverse impact on fish spawning in individual lakes in Wisconsin," said George Meyer, executive director of the Wisconsin Wildlife Federation. <

Supporters say the changes strike a proper balance between environmental concerns and removing the bureaucratic obstacles they say are turning businesses away from the state. <

"If this bill passes, we're going to catch the next wave of economic growth, and that will put us in a position to create jobs for the next generation in this state," said Jim Pugh, spokesman for the industry lobbying group Wisconsin Manufacturers and Commerce. <

Among many other things, the bill: <

  • Exempts property owners from having to seek an individual permit for certain projects, such as placing a small bridge across a stream. The DNR could review the project to see if it qualifies for an exemption. But in most of the waters of the state, it would require a permit only if the project interferes with navigation or adjacent property rights, not whether it affects fish or water quality. <

  • Creates a category of waters known as "special natural resource interest" areas in which those minor projects would still need a permit. The category, which includes trout streams and wild and scenic rivers, includes less than 10 percent of the state's waterways. <

  • Allows a person seeking to conduct minor work near a waterway to ask the DNR if the project qualifies for a permit exemption. If the DNR does not act within a set time limit, the work can go ahead. <

  • Redefines a stream or lake bank - the area where permits would be required for any grading projects - to either the land that extends 75 feet from the edge of the water or to slopes of at least 12 percent. <

  • Tightens existing limits on the state's ability to exceed air quality standards set by the federal government under the Clean Air Act. <

  • Shortens the time the DNR can take for initial review of air permit applications for construction projects from 120 days for a major pollution source to 90 days, while keeping it at 30 days for a minor source. <

  • Copyright © 2003 Wisconsin State Journal
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