DNR Proposes New Rules for Contaminated Properties
by Tom Larson
The Wisconsin Department of Natural Resources (DNR) is proposing changes to NR 746/Comm 46, relating to contaminated industrial properties where residual soil contamination remains after site closure. Among the proposed changes, the rule creates a soil geographic information system (GIS) that would be accessible to the public via the Internet. The GIS registry will contain a list of remediation sites that are closed with residual soil contamination that exceeds specified levels. Under current law, owners of industrial properties with soil contamination above non-industrial soil cleanup standards are required to place deed restrictions on their property indicating such contamination. Because many landowners failed to place these deed restrictions on their property, neighboring property owners and purchasers of such property often were unaware of the contamination. The DNR hopes the GIS registry will make the public more aware of contaminated sites in their area.
In addition to creating the GIS registry, the proposed rule changes would:
- Specify when deed restrictions will be required as a condition of closure for environmental remediation cases;
- Provide that deed restrictions or deed notices may be required if department staff determine that there are site-specific circumstances that make a deed restriction or notice necessary to protect human health, safety or the environment;
- Require additional remediation or monitoring if the person responsible for hazardous substance contamination wanted to achieve case closure without a deed restriction;
- Eliminate the requirement for responsible parties to publish a legal notice in a local newspaper whenever they try to address residual soil contamination;
- Require responsible parties to send letters to affected landowners to notify them that there will be residual soil contamination on their property after the case is closed;
- A $200 fee will be charged for adding these sites to the GIS registry;
- Define the term "industrial land use"; and
- Specify the contents of required deed instruments.
Public Hearings
Public hearings on these proposed rule revisions will be held on Jan. 16, 2002 at 10:00 a.m.. Video conference participation is available at the following locations:
- Natural Resources Building Room 021 101 S. Webster St., Madison
- State Office Building Room 139 718 W. Clairemont Ave., Eau Claire
- State Office Building Room 618 200 N. Jefferson St., Green Bay
- State Office Building Room 542 819 N. 6th St., Milwaukee
- DNR Regional Headquarters Room 3 107 Sutliff Ave., Rhinelander
- DNR Regional Headquarters lower level conference room 810 W. Maple St., Spooner.
Written comments may be submitted to Dale Ziege - RR/3, Department of Natural Resources, P.O. Box 7921 Madison, WI 53707 no later than February 1, 2002. For more information,
email Dale Ziege or call (608) 267-7533.
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Survey Indicates Buyers Want Single Story Homes
According to a recent survey by the National Association of Home Builders, 53 percent of respondents preferred a single-story layout, while 35 percent favored a two-story plan. The findings come at a time when two-story plans make up the majority of the market, after having risen steadily from 31 percent of the homes built in 1980 to 52 percent in 2000. The survey also found that 85 percent of respondents want to trade up in home size, from a current median of 1,770 square feet to 2,071 square feet, and the majority of respondents also want a large lot.
The NAHB survey, "What Buyers Want," is available online at www.nahb.com.
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DNR
Proposes New Rules For Shore Erosion Control Structures
The DNR is in the process of developing a new administrative rule (NR 328) to regulate shore erosion control structures (e.g., riprap, seawalls and bioengineering) for inland lakes and flowages. Currently, permits for erosion control structures are handled on a case-by-case basis under Chapter 30, Wisconsin Statutes. The DNR maintains that the new rule will: (1) offer better protection to near-shore habitats, (2) simplify regulation of practices that are beneficial to fish and wildlife, (3) prohibit practices that severely degrade near-shore habitats where erosion can be controlled by other techniques, and (4) improve consistency in decision-making.
Based upon early drafts of the rule, the DNR is trying to protect aquatic habitats by prohibiting riprap and seawalls on most inland lakes throughout the state. The DNR believes that naturally vegetated shorelines provide superior habitat to fish and wildlife, and provide adequate erosion control for landowners.
The WRA has been asked to participate in a series of "Stakeholder Review Sessions" to provide constructive feedback to the DNR on the proposed rules. The next review session will take place in mid-January. For more information on this proposed rule, please
email Tom Larson or call (608) 240-8254.
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Ordinance Workshop To Be Held in Milwaukee
The WRA, Greater Milwaukee Association of REALTORSŪ and the University of Wisconsin-Madison/Extension will be sponsoring a Traditional Neighborhood Ordinance Workshop in Milwaukee on Friday, January 11, 2002. The workshop will take place from 9:30-11:45 in Room 144, School of Architecture and Urban Planning Building, University of Wisconsin-Milwaukee, 2131 East Hartford Avenue. A map of the UWM Campus is available at:
www.uwm.edu/map/index.html.
The workshop will be an informal gathering for planners and other interested individuals from cities and villages with a population of at least 12,500 people that are required to adopt a traditional neighborhood development ordinance under Wis. Stat. § 66.1027 (part of the Wisconsin smart growth law). The workshop will provide participants with an opportunity to share ideas, stories, strategies, etc., about the preparation of traditional neighborhood development ordinances. This will be the second workshop on traditional neighborhood development ordinances. A prior workshop was held in Madison on Dec. 7, 2001.
If you would like to attend the Milwaukee workshop or for more information, please contact Brian Ohm by e-mail
(bwohm@facstaff.wisc.edu) or at (608) 262-2098.
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