April 2023 Agenda and Meeting Materials

View Wisconsin Natural Resources Board agendas, meeting calendar, webcasts, biographies and public participation info online at: http://dnr.wi.gov/about/nrb/overview.html

Public Participation Deadline: NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on Wednesday, April 5, 2023. 

The Natural Resources Board will meet in-person. Remote testimony from the public via Zoom may be accepted for this meeting. In person public appearances are also welcome. Members of the public can submit their request to testify remotely, in person, or their written comments by the posted deadline date for Board consideration.

The public is encouraged to watch the Board meeting via YouTube here:

https://youtube.com/live/t8lkTNr42jU

WISCONSIN NATURAL RESOURCES BOARD

AMENDED AGENDA

For meeting at:
Room G09, State Natural Resources Building (GEF 2)
101 South Webster Street
Madison, Wisconsin
Wednesday, April 12, 2023

NOTICE IS FURTHER GIVEN that the Wisconsin Natural Resources Board meeting will convene at 8:30 a.m. on Wednesday, April 12, 2023, in public meeting room G09, State Natural Resources Building (GEF 2), 101 South Webster Street Madison, Wisconsin. Board will act on items 1-4 and 7-8 as listed on the agenda.

NOTICE IS FURTHER GIVEN that matters concerning natural resource issues or the Department’s program responsibilities or operations specified in the Wisconsin Statutes, which arise after publication of this agenda may be added to the agenda and publicly noticed no less than two hours before the scheduled board meeting, if the Board Chair determines that the matter is urgent.

NOTICE IS FURTHER GIVEN that following the Agenda Item for Board Members’ Matters, prior to adjournment of the meeting on Wednesday, April 12, 2023, at the State Natural Resources Building (GEF 2), 101 South Webster Street, Madison, WI, the Wisconsin Natural Resources Board may convene in closed session under the authority of s. 19.85(1)(d) of the Wisconsin Statutes for a safety and security briefing.

ORDER OF BUSINESS

1. ORGANIZATIONAL MATTERS
   1. Calling the roll
   2. Secretary’s Remarks
      (Adam Payne, Department Secretary)
   3. Approval of agenda for April 12, 2023

2. CONSENT
   1. Approval of brief of action from February 22, 2023
   2. Acknowledgement of Donation – Boardman & Clark LLP wish to distribute a donation of $31,465.44 from the Beverly A. Wimmer Living Trust, which will be utilized for property maintenance and operations at Devil’s Lake State Park in Sauk County, Wisconsin.
      (Adam Payne, Department Secretary)
   3. Acknowledgement of Donation – Friends of Horicon Marsh Education and Visitor Center Board of Directors (Friends of Horicon) donated $18,701.82.
      (Adam Payne, Department Secretary)
   4. Acknowledgment of Donation - The Paul E. Stry Foundation will donate $20,000 to manage 20-25 State Natural Areas in the greater La Crosse area.
      (Adam Payne, Department Secretary)
   5. Acknowledgment of Donation - The Natural Resources Foundation of Wisconsin will donate $102,246.41 to the Department. This donation will be used to support the bat conservation program.
      (Adam Payne, Department Secretary)
   6. Acknowledgement of Donation – Dane County will donate a completed bike trail valued at approximately $913,000 dollars, named the Waucheeta Trail, at Capital Springs Centennial State Park (located in the Town of Dunn in Dane County, WI).
      (Adam Payne, Department Secretary)

3. DISCUSSION AND POSSIBLE ACTION CONCERNING ITEMS REMOVED FROM THE CONSENT AGENDA
4. ACTION ITEMS
   Adoption (Citizen Testimony and Written Comment Welcome)
   1. Request adoption of Board Order DG-22-20, proposed rules affecting chapter NR 811 related to updating, correcting and clarifying existing code requirements and adding requirements for new technologies related to community drinking water system sources, source water quality, storage, treatment, and distribution.
      (Theera Ratarasarn, Public Water Engineering Section Chief)
   2. Request that the Board adopt Emergency Board Order WM-15-22 (E), proposed rules affecting chapter NR 10 related to establishing the 2023-2024 migratory bird season framework and regulations.
      (Taylor Finger, Game Bird Specialist)
   SCOPE STATEMENTS (Citizen Testimony and Written Comment Welcome)
   2. Request that the Board approve the Statement of Scope for Emergency Board Order WM-15-22 (E) for proposed rules affecting chapter NR 10 related to establishing the 2023-2024 migratory bird season framework and regulations.
      (Taylor Finger, Game Bird Specialist)
   3. Request that the Board approve the Statement of Scope for Board Order FH-01-23 and conditionally approve the public hearing notice and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse, for proposed rules affecting chapter NR 25 related to Lake Michigan trawling regulations.
      (Meredith Penthorn, Fisheries Management Policy Specialist)
   4. Request that the Board approve the Statement of Scope for Board Order FH-14-22 and conditionally approve the public hearing notice for Board Order number FH-14-22 and notice of submittal of proposed rules to the Legislative Council Rules Clearinghouse for proposed rules affecting chapters NR 19-26 related to minor changes to fishing regulations on inland, outlying and boundary waters (the 2023 Fisheries Management housekeeping rule).
      (Meredith Penthorn, Fisheries Management Policy Specialist)
   OTHER APPROVALS (Citizen Testimony and Written Comment Welcome)
   5. Request approval to accept a donation of 160 acres of land for the Mead Wildlife Area in Portage County.
      (James Lemke, Real Estate Section Chief)
   6. Request approval to acquire 192.47 acres of land for $580,800.00 for the Brule River State Forest in Douglas County and to accept a monetary donation of $52,800.00 towards the purchase price.
      (James Lemke, Real Estate Section Chief)
   7. Donation Acceptance – Bike Trail Donation for Capital Springs Centennial State Park Dane County will donate a bike trail valued at $913,000 dollars. This donation will be used to construct a bike trail, named Waucheeta Trail, at Capital Springs Centennial State Park (located in the Town of Dunn in Dane County, WI).
      (James Lemke, Real Estate Section Chief)
   8. Fiscal Year 2024 Laboratory Accreditation Program Fee Adjustment.
      (Steve Geis, Certification Services Manager)

5. OPEN FORUM (Testimony that pertains to topics not on the meeting agenda or not in litigation) – after items 1-4 or following morning break at approximately 10:15. Please refer to pages 3 and 4 of agenda for required pre-registration information and protocol.
6. INFORMATION ITEMS (Written Comment Welcome)
   1. Status updates on per- and polyfluoroalkyl substances (PFAS) activities in Wisconsin
      (Jim Zellmer, EM Division Administrator))
   2. Presentation of the 2023 Laboratory of the Year
      (Steve Geis, Manager, Certification Services)

7. DEPARTMENT SECRETARY’S MATTERS
   1. RETIREMENT RECOGNITION – Action
      1. Robert S. Wessberg, Parks & Recreation, 21 years
      2. Peter R. Pfefferkorn, Water Quality, 25 years
      3. David W. Sample, Natural Heritage Conservation, 37 years
   2. DEPARTMENT SECRETARY’S MATTERS – Informational
      1. Acts of the Department Secretary – Real Estate Transactions

8. BOARD MEMBERS’ MATTERS
   1. Proposed Resolution on Funding for Habitat (Action)
   2. Board Member Matters

The public is welcome to view the Wisconsin Natural Resources Board (NRB) meeting via YouTube.  The NRB also provides opportunities for citizens to testify and to submit written comment about issues that come before the NRB. See complete information on public participation at Board meetings at http://dnr.wi.gov/about/nrb/public.html.

The public is encouraged to watch the Board meeting via YouTube here:

https://youtube.com/live/t8lkTNr42jU

The following meeting resources also are available:  Agenda Item Packets (also known as green sheet packages are linked to the corresponding item on the website/html meeting agenda at https://dnr.wi.gov/about/nrb/ -- click on the blue “View agendas” button then scroll down.), supporting documents, and public comment. 

Live transcription of the webcast is autogenerated and not a legal record of the Board Meeting. The approved Brief of Action and meeting recording constitute the official Board’s minutes.

Public Appearance protocol: Remote testimony from the public via Zoom may be accepted for this meeting. In person public appearances are also welcome. Members of the public can submit their request to testify remotely or their written comments by the posted deadline date for Board consideration. You must be pre-registered to testify. Please include your name, daytime phone number, email address, city of residence, agenda item you request to testify on (include topic for item 5-Open Forum), and name of organization you will represent (if none, state “self”). Confirmed speakers will receive meeting logistics via email.  Those confirmed to testify on a specific agenda item will testify on that item prior to vote. Please review:  https://dnr.wisconsin.gov/about/NRB/public.html.

NOTE:  The Board welcomes citizen input on matters of natural resources management and Department programs and policies. Comments concerning any individual’s personal information or personal business are not appropriate and will not be allowed.

The time for item 5. – Open Forum - will be after items 1-4 or immediately following morning break at approximately 10:15. If you request to testify during Open Forum, please be ready to speak when the Board takes up this item. Each speaker will have three minutes to give their testimony; however, the Board Chair has final discretion on time limit.

The following is from the Board’s meeting guidelines: Only one speaker per organization. Testimony that threatens, intimidates, or includes disparaging comments about Board Members, department staff, and other members of the public will not be allowed. Those that do so may be removed from the meeting or remote location. 

Please contact Ashley Bystol, NRB Liaison, at 608-267-7420 or by email at dnrnrbliaison@wisconsin.gov with NRB related questions, to request information, submit written comments, or to register to testify at a meeting.

Public Participation Deadline:  NRB Liaison receipt of your request to testify and/or written comment is 11:00 a.m. on April 5, 2023.

The NRB and Department of Natural Resources are committed to serving people with disabilities. Please contact the NRB Liaison to request NRB information in an alternative format.