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Hearing on SS AB 24, relating to issuance of permits in navigable waterwaysAssembly Natural Resources Committee

October 26, 2011

Testimony of Stephen HinikerExecutive Director of 1000 Friends of Wisconsin

Thank you, Representative Mursau, Senator Kedzie and Committee members for the opportunity to

provide testimony regarding Special Session Assembly Bill 24. 1000 Friends of Wisconsin is a statewide

nonprofit organization that educates citizens and policy makers about the benefits of responsible land use.

We advocate for healthy rural and urban communities and the protection of our economic, cultural andnatural resources statewide.

We oppose Special Session Assembly Bill 24. Still, it may surprise some that we offer our testimony

with some fundamental agreements with the developers and builders that support this legislation.

We agree with legislative sponsors that far too many projects are needlessly delayed by the current

permitting process. Too many routine projects or projects that pose little potential threats to our precious

natural resources take as much time as more complex projects in more sensitive areas. This would cause

further delays and expenses that are frustrating to developers and land owners.

Those delays can also end up hurting natural resource protection by causing the understaffedDepartment of Natural Resources waterways permit section to spend too much time on routine projects

that have little potential for environmental damage and too little time to adequately review and permit

more complex projects.

We have tried to develop innovative solutions with the Wisconsin Builders Association to address this

problem. However, this legislation does not move us forward and will only cause more problems and

more delays for those seeking permits. Ironically, it will end up working against the interests of builders

and developers.

Presumptive approval after a specified time for agency review will not work. Insanity has been

defined as doing the same thing over and over again and expecting a different outcome. If that definitionis accurate, this legislation is insane. Look no further than to our neighboring state of Minnesota. It has

adopted presumptive approval without improvements in the permit processing time. Why should we fare

differently in Wisconsin?

Why wont presumptive approval work? Because permits that cant be adequately reviewed by DNR

staff within the specified time period will simply be denied by the agency. That means that the permit

applicant will have to go back to the drawing board and resubmit the permit - causing greater delays for

the applicant and for the project.

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Moreover, this approach does nothing to resolve the fundamental problem: permit staff spends too

much time reviewing noncontroversial permits and not enough time on the complex permits.

It would be far better to develop a system that addresses this inequity. Any solution should free up

staff time to focus on problematic projects and less time on the simple projects. Simple projects that pose

little environmental threat could be expedited. But we risk too much of what makes Wisconsin a great

state by rushing approval of projects that could do harm to our natural resources.

In short, this bill will only make matters worse for project applicants. It will needlessly limit public

input and it could end up allowing projects to move forward that could cause significant damage to the

environment. It could be described as a sledge hammer approach to a problem that needs a scalpel.

For these reasons, 1000 Friends of Wisconsin opposes Special Session Assembly Bill 24 and we urge

you to vote against this bill.

Thank you for your consideration. Please do not hesitate to contact me if you have questions or

comments regarding this testimony.