FW ECOL 515: Natural Resources Policy (Fall 2024) : Wisconsin regulations (Administrative rules)

Wisconsin Administrative Rules general site

In Wisconsin regulations are called “administrative rules” and are issued by state agencies.  There is a specific process for how rules are developed and approved.  

The Wisconsin legislature has a website for Administrative Rules.

Citing the Wisconsin Administrative Code

Administrative rules are collected in the Wisconsin Administrative Code.

• The Wis. Admin. Code is divided into volumes by agency.  Each agency name has a specific abbreviation made up of letters.

A citation to the Wisconsin Administrative Code looks like this: Wis. Admin. Code § NR 10.07 (1) (2024)

Guide to citing the Wisconsin Administrative Code

Administrative Law Research Guide: WI Regulations

• From Marquette University's Eckstein Law School Library.
• See right side of guide--"How to Cite Wisconsin Administrative Rules."

How the Wisconsin Administrative Code is developed

Overview of Administrative Rule-Making Process

• This PDF file is posted somewhere on the Wisconsin state legislature's home page.

Identifying opportunities for input from general public

There are two points in particular in the rule-making process when the general public can give feedback to agencies:  When the agencies are developing statements of scope and when they have developed clearinghouse rules.

Statements of scope

• What they are:  As laid out in Wis Stat. § 227.135(1), scope statements must include: a description of the proposed rule's objective; a description of existing relevant policies; a description of new policies proposed to be included in the rule; and an analysis of policy alternatives.
• What a citation looks like:  The letters SS followed by a series of numbers.  For example: SS 071-24
• Where opportunities for input from the general public are listed: 
  • Statements of Scope Open for Public Comment page, from the Wisconsin Legislature 
  • Statements of Scope with Hearings Pending page, from the Wisconsin Legislature

Clearinghouse rules

• What they are: proposed rules, that is, still in the rule-making process (they do NOT have the force of law).
• What a citation looks like: The letters CR followed by a series of numbers.  For example, CR 24-061 
• Where opportunities for input from the general public are listed: 
  • Clearinghouse Rules Open For Comment page, from the Wisconsin Legislature 
  • Clearinghouse Rules with Public Hearings Pending page, from the Wisconsin Legislature

Wisconsin Administrative Register--Official, but complicated

Before the internet, and before online documents were broadly accepted, the print publication Wisconsin Administrative Register was the primary way changes and updates to administrative rules were announced. It still exists, mainly online, and is the official publication of the updates and changes of the Wisconsin Administrative Code.

Guides to searching the Administrative Code

• Searching the Wisconsin Administrative Code Online, article by Amy Crowder, from the Wisconsin State Law Library's newsletter WSLL @ Your Service, July 2015
• Video tutorial on Researching Administrative Code from the Wisconsin Legislative Reference Bureau, published in October 2014.

The Wisconsin Department of Natural Resources (DNR) has a set of web pages with information about Public Input Opportunities.   

• Proposed Administrative Rules and Public Input Opportunities describes general opportunities for participation, and the rule-making process.
• Proposed Permanent Administrative Rules
  • A table listing proposed permanent administrative rules currently being developed by the DNR or adopted by the Natural Resources Board (NRB) that are pending publication.
  • The table is organized alphabetically by Natural Resources Board (NRB) order number. The first two letters are abbreviations for the lead DNR bureau/program name. The middle number is a sequential number. The last number is the year. Hover your mouse over each NRB order number to see more information.

State Legislatures, State Laws, and State Regulations: Website Links and Telephone Numbers: list from the Law Librarians' Society of Washington DC.

• At the end of the list of states, there's an excellent list of other state government information links.