DNR hearing allows for citizen input Aug. 9 is deadline for comments on Job Creation Act By Anna Krejci News-Chronicle Residents voiced their approval or discontent with a set of waterway protection rules during a public hearing organized by the Wisconsin Department of Natural Resources on Tuesday. Discussed were emergency rules that had been established after the passing of Act 118, also called the "Job Creation Act." The rules were designed to ensure that development would be regulated while permanent guidelines for implementing Act 118 were being created. The act calls for shortening the DNR's permit application process and allowing some changes to the environment to be made with less DNR oversight and more accountability for following rules placed on the individual heading the project. The public hearing on Tuesday gave residents a chance to weigh in on how the DNR will administer permits for projects that would alter the environment. Permits would be needed in some cases for the placement of dry fire hydrants, boat ramps and pilings in the water. What types of waters should be categorized in a high protection category, the Areas of Special Natural Resource Interest, was under discussion, as well as boat house remodeling rules and fish and wildlife habitat structures. Some of the criticism raised during Tuesday's hearing is that the permit process leaves too much to be decided by an unknowledgeable individual. Michael Staggs, director of the bureau of fisheries management and habitat protection, shared his counter perspective before the hearing. "If we write the standards correctly, if there is sufficient information provided to people in terms of where projects can be located and how they can be built, and we do a good job of public information ... there's no reason why the system won't be as successful as the last system," he said. According to the DNR, before the passage of Act 118, development on all waterways needed departmental review. With the emergency rules in place now, 32 percent of the state's bodies of water require DNR review and with additional rule changes that are in progress, 15 percent of Wisconsin's waterways will require review. Whether or not one needs a permit to make certain changes to waterways depends on the level of protection assigned to a certain area as well as specific rules about permit exemptions. Peoples' compliance with the regulations that the DNR posts is another matter which will impact the new system's success, he said. Rules and consequences for not following them will be in place, but Staggs listed one loophole. "There's now gonna be a class of projects for which the department has no way to know they're going on so has no way really to enforce other than people complaining," Staggs said, but added that as it is, people call the department frequently with concerns about whether a neighbor is violating environmental regulations. Some of things that can be done without a permit in some waters are the placement of fish habitat structures, nesting platforms, dry hydrants, pilings or biological shore erosion control structures. Mike Lotto, president of the Wisconsin Homebuilders Association, criticized several rules on behalf of the association during the hearing. The definition of the public rights features is too vague, and the rules designate too many priority navigable waterways, he said. But the association supports the shortened deadlines that the DNR must meet in order to approve or deny permit applications. "We can build a house within three months and when we come to DNR permits, it may take us a year to get a permit, and we find that just unreasonable ..." he said. One topic of concern is how public rights features will be determined. After the passage of Act 118, which was signed by Gov. Jim Doyle in February, the DNR is still committed to protecting the public rights features, which include boating, recreation, fishing, hunting, commercial navigation, scenic beauty and fish and wildlife habitat preservation. To do that after the passage of Act 118, the DNR has a formula for identifying public rights features. Survey work must be done, the community must be notified about the addition of another public rights feature, a public hearing will be held and a scientific decision made. Also during the hearing, Carl Scholz of Sturgeon Bay said he wants the entire Act 118 canceled. He said most people are not knowledgeable enough about what they can and cannot do to waterways and will not be able to recognize when they need a permit. Paul Mongin of the Green Bay Chapter of Trout Unlimited said the permanent rules should be made stronger. "Wisconsin's heritage of beautiful lakes, rivers and streams are at the heart of our $11 billion tourism industry, and all of us enjoy the heritage we have in the state," he said. Comments delivered or submitted during the hearing will be studied by the Natural Resources Board charged with presenting new, proposed DNR rules to the Wisconsin Legislature for final approval. The deadline for sending comments is Aug. 9. Comments on the proposed rule changes can be mailed to Roberta Lund, DNR FH/3 P.O. Box 7921, Madison, Wis. 53707-7921. Comments can be submitted on the Internet at https://apps4.dhfs.state.wi.us/admrules/public/Home. To find more information about the temporary rules and their proposed modifications, visit the Wisconsin DNR Web site. Hearings on grading and piers will be held in September.