Concerns with New Technical Standards to Verify Depth to Bedrock

We recently shared with you that the Department of Agriculture, Trade and Consumer Protection released for public comment proposed Technical Standards on methods to verify depth to bedrock in the areas of the state currently being regulated under NR 151. These area’s include the 15 counties on the east side of Wisconsin which consist of Silurian dolomite.

After reviewing this document in great detail, we are concerned with the Departments lack of effort to determine the costs to comply with these methods and whether it is practical or feasible to implement them at the intervals proposed in the Technical Standard.

In addition to our concerns with costs and practicability, much of the content laid out in the proposed Technical Standards meets the definition of a “rule” under Chapter 227 of the Wisconsin Statutes, which means this needs to be promulgated. Moving forward without the proper rule making procedures required under Act 21 is not legal or enforceable. 

Failing to promulgate these standards for establishing depth to bedrock robs farmers and others in the regulated community of the opportunity to directly participate through the public hearings and comment opportunities afforded by Chapter 227. 

It is important that before any policies are finalized, these areas of concern are addressed so that the Technical Standard does not impose an undue burden on the regulated community. 

In a joint letter with WMC, we expressed our concerns with these new proposed Technical Standards and are striving to work with DATCP to fix these overly burdensome requirements.

CLICK HERE to read our joint letter with WMC to DATCP on our concerns over these proposed technical standards. 

CLICK HERE to read the new proposed technical standards to verify depth to bedrock.