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Wisconsin Shorelines At Risk: Developers trying
to block emergency rules

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Realtors and Legislators Manipulate Shoreline Rules Hearings
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For immediate release June 22, 2004
Wisconsin Shorelines At Risk: Developers trying to block emergency rules
Green Bay, WI --- Local anglers, hunters and environmentalists raised
concerns today about developers’ efforts to block the
adoption of 12 chapters of emergency shoreline protection rules, proposed
by the Wisconsin Dept. of Natural Resources (DNR) to
better define and implement Act 118, the so-called “Job Creation Act.”
“Rules are urgently needed now, not next year. If developers successfully
block the rules, Wisconsin’s shorelines will be
vulnerable to serious damage over this summer’s construction season,
until the rules can be debated again in the next legislative
session this coming fall and winter,” warned Rebecca Katers, Executive
Director of Clean Water Action Council, a citizen group
based in Northeast Wisconsin which includes many anglers and hunters.
The emergency rules were promised by the governor, legislators, and
developers to moderate the damage caused by the Act when
it was passed last January. Lawmakers promised that shoreline protection
standards would not be lowered, because these DNR
rules would be written as careful guidelines. Environmentalists and
outdoors enthusiasts were skeptical, given Act 118’s radical
language, but had hoped that at least some shoreline protection standards
would be maintained. The emergency rules are a
compromise, resulting from several difficult months of consensus negotiations
between DNR staff, realtors, developers,
conservationists and environmentalists.
“The realtors and developers are breaking their pledges. They can’t
be trusted to negotiate in good faith,” noted Katers. “They
agreed to these rules, but are now trying to block them.”
The legislature’s Joint Committee for the Review of Administrative Rules
(JCRAR) has scheduled a public hearing this
Thursday, June 24, in Minocqua. The hearing starts at 11:00 a.m. at
the Minocqua Community Center Board Room, 415
Menominee Street.
An Executive Session of the JCRAR will be held immediately following
the hearing, with a vote on whether to suspend (block)
the emergency rules. This will be the final vote. No other public hearings
are planned. If the committee suspends the rules, this
would also pre-empt the broader series of statewide public hearings
planned for later this year as part of the process for finalizing
permanent rules. The DNR would be forced back to the drawing board,
without clear guidance for shorelines in the meantime.
“This hearing is another disturbing example of the legislative manipulation
which has characterized the “Job Creation Act” from
the beginning. JCRAR leaders are deliberately excluding the majority
of Wisconsin residents from the hearing and selecting an
audience more likely to agree with developers,” Katers explained. “They
deliberately chose to hold the hearing in Oneida County
where they know they’ll find unusual numbers of private property rights
advocates, not typical of the rest of the state. It’s one of
the most remote areas of Wisconsin, far from any population center.
It’s also a weekday, when most people have to work. At the
same time, the remote location limits media coverage, reducing the
potential for negative news articles about legislators’ actions.
They’re obviously hoping to avoid public accountability. This is not
democracy.”
“Under the state constitution, Wisconsin’s lakes and rivers belong to
the public. State government has a duty to protect these
waterways for the enjoyment of all people. Lawmakers must not pander
to the unnecessary destruction of shorelines by
developers of adjacent property. These emergency rules are needed to
protect Wisconsin’s quality of life, recreation
opportunities, fish, wildlife and natural environment,” Katers stated.
“It’s ironic that tourism jobs need to be protected from the
impacts of the so-called ‘Job Creation Act.’”
In 2002, tourists spent an estimated $11.7 billion in Wisconsin, with
water-related activities playing heavily into those numbers.
The Dept. of Tourism recently surveyed Chicago and Twin Cities vacationers
who ranked boating, fishing and swimming as the
number 1, 2, and 3 most memorable activities from their Wisconsin vacations.
Scenic beauty, clean water and natural shorelines
are important elements of this attraction. Shoreline development often
damages these values. In addition, 80% of Wisconsin’s
endangered and threatened species of plants and animals spend part
of their life along shorelines. Waterfowl nesting, and fish
spawning and rearing areas are concentrated along shorelines. Proper
wetland and shoreline vegetation management is also
essential for protecting rivers and lakes from polluted stormwater
runoff and disastrous flooding.
“These emergency rules are not perfect, and still represent far weaker
standards than Wisconsin had last year. Unfortunately,
they’re all we’ve got at this point and better than nothing. It’s outrageous
that citizens have to fight state legislators even for
these weakened rules,” concluded Katers. “It’s a sad day for Wisconsin’s
lakes and streams.”
For more information, call 920-437-7304.
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