Eighteen different construction activities along Wisconsin waterways no longer require permits from the Wisconsin Department of Natural Resources as of Feb. 6. New exemptions include dredging activities, replacing culverts and adding rock to riprap along shorelines. These policy changes have perked the ears of many environmentalists concerned with potential negative ecological impacts of this deregulation.
The DNR updated their policy on state waterway building permits to allow for more exemptions, under the Job Creation Act created by Wisconsin legislators, which was passed in mid-January. Before the act was passed, any new structure or physical alteration of an existing structure required a permit and review by the DNR, said Mary Ellen Vollbrecht, chief of the Rivers and Habitat Protection section of the Wisconsin DNR.
“Our average time to reach a decision on granting a permit in 2003 was 47 days,” Vollbrecht said. The new policy allows more structures to be built without waiting for a permit.
According to the Wisconsin State Journal, many business groups support the DNR’s Job Creation Act exemptions, saying the exemptions will allow new businesses to expand more quickly to stimulate job growth. The Journal also states that the Wildlife Federation found 23 examples where the bill lowered standards for activities that were previously regulated, yet what jobs the bill will create still remains unclear.
“I think the most important part to understand about this legislation is that there are no promises that it will create jobs, but we do know that it will create pollution for lakes and streams,” Jennifer Giergeich, state director of WISPIRG, said.
Giergeich also said the new legislation is not a fair response to the argument that the DNR is too restrictive and takes too much time to process permits.
“The new exemptions only help a few special interests,” Giergeich said. “Not only do they not need permits, but they don’t need to let the DNR know they are doing it.”
Although these new permit exemptions do not apply to “special” natural-resource interests, such as trout streams, many environmentalists are worried that as the DNR allows more building and construction without permits along Wisconsin waterways, the negative impact on riverbanks and riparian ecosystems will increase.
“One of the things this changes is that it lessens public rights,” Giergeich said.
However, College Republicans Chair Frank Harris points out that the Job Creation Act was a bipartisan bill, meaning the majority of both Republicans and Democrats voted in favor of the bill. He said although the bill removes some environmental restrictions in order to allow construction to proceed more quickly, it still leaves numerous environmental restrictions in place.
“The concerns that the environmentalists raise hold some value, but what holds more precedence is that Wisconsin needs to stimulate job growth in the state,” Harris said.
Harris said in the long run, this bill is beneficial for Wisconsin.
The Wisconsin Constitution states that all navigable lakes and rivers belong to all Wisconsin residents, and the DNR is responsible for their management on behalf of the citizens.
“The thing we are trying to stress is that lakes and streams are managed by the DNR,” Vollbrecht said.
Vollbrecht hopes that even with these new exemptions, residents will conduct research for property and home improvements along rivers and lakes. The DNR provides a website that allows residents to look up whether the construction project they are planning needs a permit or allows for an exemption. If a permit is required, the cost varies from $50 to $500, depending on the activity.
“We hope to maintain the same high quality and level of protection we have had in the past,” Vollbrecht said. She added that the DNR is doing everything to interpret this new legislation so it does not undermine the DNR or the water-protection plan the department will continue to enforce.
“I think there will be a lot of scrutiny over this bill,” Giegeich said. “I don’t think we know right now the full impact of this legislation, but I think we will see a lot of loss of lakes and streams that we can’t ever restore.”