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

October 26, 2011 Testimony of Stephen Hiniker Executive 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 and natural 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 understaffed Department 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 definition is 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.

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.