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Blaska's Blog has regulation fatigue


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Stopped by the Dane County Lakes and Watershed Commission hearing Tuesday night at the Verona Senior Center to testify against the so-called Dane County Waterbody Classification Project.

Good luck with that! The place was jam-packed! Cars were lined all up and down Paoli Street. With no hope of getting my turn while still young and handsome, I filled out my registration slip and left. The crowd was already agitated. I’m going to estimate 350 people showed up.

I placed a call into Sue Jones of the Commission first thing Wednesday morning to get a reading on who was in favor and who opposed. No return call as of 1:30 this afternoon. Don’t piss me off, Sue.

I confess to having regulation fatigue. We are somewhere in the middle of the great national health care boondoggle. What’s in? What’s out? Abortion? Penalties for non-compliance? Public option? Cuts to Medicare? Death panels?

The tax code gets ever more complex. Alternative minimums, anyone? Campaign finance reform is making criminals of us all because no one knows what they can do anymore. Now these damn shoreland regulations. The government classes are working overtime. But that is what they do, n’est ce pas? They write regs. Like rust, they never sleep.

TV-27 has a decent report

The shoreland development standards call for three classes of standards -- for water quality, habitat and scenic standards -- for three types of waterways -- rural, urban and developing.

County planner Brian Standing contends that the shoreland development standards, which would go to the County Board next year, contends that only a total 691 parcels in incorporated areas would have to meet all three standards — that those standards already are in effect for rural areas.

The report contends that a land owner’s compliance costs in a developing area would range from $135 to $5,873.

Here is a flavor of a compliance strategy for those wishing to disturb the soil — let’s say, for a new driveway — within 1,000 feet of a navigable waterway, which can include a retention pond:

A "passive buffer" must meet the following standards:

  • Meet or exceed standards for a Streambank and Shore Cover (NRCS 580) or Vegetative Buffer Strip (Dane County Stormwater and Erosion Control Manual);

  • Be managed in an unmowed state with at least 30% of species achieving a summer peak height of 14" or more, and;

  • Cannot include any invasive, noxious or exotic species from a list approved by the Dane County Land Conservation Division.

Proposed natural scenic beauty protection standards give preference to restoration of a primary vegetative buffer of native species near the shore. For properties where full restoration is not possible, other options include techniques to limit visual impact based on limiting building height and bulk, using natural colors and landscaping.

Yeah, right.

The report claims the new standards can keep 3,300 tons of sediment out of developing and rural waters over 20 years and protect or restore 20 acres and 1.81 linear miles of riparian habitat a year.

Read it yourself: Dane County Waterbody Classification Project Phase II: Shoreland and Riparian Management Plan.

Cheney is locked and loaded

While Sarah Palin is getting all the attention, and the Newsweek glam covers, my main man Dick Cheney is laying the groundwork for a run at the top job. Here are three possible Cheney for 2012 slogans:

Another bishop to admire

We welcome new Milwaukee archbishop Jerome Listecki, currently bishop of La Crosse, and hope he will provide Gov. Jim E. Doyle with a Come to Jesus opportunity, given that the Current Occupant has mandated that insurance cover birth control. 

Bishop Listecki has already been compared to Thomas Tobin, bishop of Providence, R.I. who took to task one of his errant communicants, one Patrick Kennedy, member of Congress.

Bishop Tobin made public this November 12 letter directed at the pro-abortion Democrat:

Dear Congressman Kennedy:

... I also share these words publicly with the thought that they might be instructive to other Catholics, including those in prominent positions of leadership.

For the moment I’d like to set aside the discussion of health care reform, as important and relevant as it is, and focus on one statement contained in your letter of October 29, 2009, in which you write, "The fact that I disagree with the hierarchy on some issues does not make me any less of a Catholic."

... Well, in fact, Congressman, in a way it does. Although I wouldn’t choose those particular words, when someone rejects the teachings of the Church, especially on a grave matter, a life-and-death issue like abortion, it certainly does diminish their ecclesial communion, their unity with the Church. ...

After all, being a Catholic has to mean something, right?

Well, in simple terms ... being a Catholic means that you’re part of a faith community that possesses a clearly defined authority and doctrine, obligations and expectations. It means that you believe and accept the teachings of the Church, especially on essential matters of faith and morals ...  if you don’t fulfill the basic requirements of membership, what is it exactly that makes you a Catholic?

Read the complete letter.

Our Madison municipal government at work

Can anyone tell me what "land banking" is? Madison set aside $5 million for it in the budget enacted earlier this month.

On November 11, the Madison Common Council took the historic step of setting aside $5 million to establish a city land-banking fund, the city announces.

The same announcement asks:

But how exactly will land banking work here in Madison?  The details are still being worked out, but there is one thing that we know for sure:  we increase the likelihood that our land banking efforts will be successful if we do a good job of learning lessons from successful land banking programs in other cities.

In other words, nobody knows for sure! Two meetings are scheduled to find out why the Common Council did what it did:

  • Monday, November 30th, 6:30-8:30 PM, at the Urban League Center for Economic Development & Workforce Training, 2222 S. Park St.

  • Tuesday, December 1st, 9:00–11:00 AM, at the Madison Municipal Building, Room 260, 215 Martin Luther King, Jr. Blvd.

Here’s more information.

A tale of two budgets

In Milwaukee County:

County Executive Scott Walker vetoed $10 million in spending from the Milwaukee County budget to hold the tax levy at the same amount as last year. In desperation, John Nichols asserts that privatization is "old fashioned." As proof, John cites Frank Ziedler, socialist mayor of Milwaukee, who served from 1948 to 1960. Umm, John, who is "old fashioned?"

Meanwhile, back in 2009, Milwaukee County supervisors are reporting they are being flooded with phone calls this week, most of them urging them to sustain Walker's vetoes. [Milwaukee J-S: County Board may lose privatization battle]

In Dane County:

The Kathleen increased the tax levy by $10 million (for a 7.9 percent increase) and it poured through her Democrat-Progressive Dane controlled board like goose grease. In fact, not one liberal proposed one cut. Instead, the Dem-Progs beat back a raft of budget amendments from the conservative caucus.

Bully for the Wisconsin State Journal [A disappointing county budget]:

Dane County families deserved more respect than such a giant tax hike. ... it deserves to be one of the top issue in the spring County Board elections.

Why, oh why cannot our newspaper of record include the Roll Call:

Heroes — 13 voted NO: Downing (liberal holding a conservative seat), Ferrell, Gau, Hampton, Jensen, Miles, O'Loughlin, Richmond, Ripp, Salov, Schlicht, Willett, Bruskewitz.

Cowards — 22 voted YES: DeSmidt, Durancyzk, Erickson, Hendrick, Hesselbein, Hulsey, Kostelic, Levin, Manning, Matano, Opitz, Rusk, Schmidt, Solberg (!?!?), Stoebig, Stubbs, Vedder, Veldran, Wheeler, Bayrd, deFelice, McDonell.

ABSENT 2: Martz, Wiganowski.

Obama’s TelePrompTer breaks down at family dinner

The Onion is reporting:


Obama's Home Teleprompter Malfunctions During Family Dinner

Allahu Akbar yourself

Christopher Hitchens on the traitorous Nidal Malik Hassan:

A U.S. soldier who wonders about the reliability of his, let alone her, Muslim colleague is not being "Islamophobic."

I do not say that all Muslims are terrorists, but I have noticed that an alarmingly high proportion of terrorists are Muslim. A paranoid or depressive person—of whom we have many millions in our midst—does not have to end up screaming religious slogans while butchering his fellow creatures.

his overwhelming and reiterated objection to the war against the Taliban in Afghanistan, and al-Qaida in Iraq, is that it is "a war on Islam." It might be worth noting that this means that the Taliban does represent Islam. [Slate: Hard Evidence]

Compare that with Brother Nichols contention that America has turned into a Kristallnacht of Islamaphobia.

Fun under the Big Top:

  • Lt. Gov. Lawton urges override of Gov. Doyle's veto of DNR bill. No, Babs and Jim E. are not close.

  • A tea party is scheduled for Monday, November 23, inside the State Capitol from 8 a.m. to 6 p.m. The "Can You Hear Us Now?" rally is part of a National Call to Action. Organizers note the 8.3% unemployment, one of the 10 worst budgets among the 50 states, and the third-worst business climate. [Racine Journal-Times: State is a tough place for business] Here in Dane County, may I suggest the RTA and the Shoreland Zoning changes might be appropriate local topics?

  • Government takeover of our health system? Wisconsin can’t write a workable state budget. It can’t even deliver food stamps. "Thousands of poor people in Wisconsin have waited months for food stamp benefits because of a backlog of applications at a state processing center." [Milwaukee J-S: FoodShare Still Dysfunctional in State Hands]

Today’s chuckle

The people living in the house on the right must be BlaskaBlog readers. (Thanks Charlie.)

Comments (19)

From Matt Logan on 11/18/09 at 4:28 pm

David,

I have reviewed the report and I have to say that I do not find its proposed remedies to be overburdensome when set in the context of what is being saved.

The fundamental problem conservatives face as they struggle to relocate their relevancy is the recognitiion that the environment is far more complex than anyone except a PhD level expert can fully appreciate.  Are we going to limit what "personal responsibility" means to only those things that the average high-school graduate can assess and appreciate?  This strategy might work when assessing what constitutes legal negligence.  But what you see as overburdensome regulation, I see as helping citzens recognize how to minimize their negative impacts on our shared environment.

It might be valuable for your readers to ask themselves the following question:

How much damage should the average person be allowed to cause to our shared environment before they need to apply some personal accountability to mitigate further impacts?

From Mike McConnell on 11/18/09 at 8:39 pm

"The fundamental problem conservatives face as they struggle to relocate their relevancy is the recognitiion that the environment is far more complex than anyone except a PhD level expert can fully appreciate.  Are we going to limit what "personal responsibility" means to only those things that the average high-school graduate can assess and appreciate? "

Yawn.  Smarmy and elitist. God, you are so full of yourself.  Do you actually read the words you trowel out?   

From Jeremy Midthun on 11/19/09 at 7:50 am

...the environment is far more complex than anyone except a PhD level expert can fully appreciate.

Really??? How so? Is this limited to certain PhDs? Do we not have naturalists without higher degrees that MAY disagree with this statement? I think I "appreciate" the complexity of the environment (without the "requisite" degree). Who are you to say otherwise?

From Steve Peterson on 11/19/09 at 8:14 am

I think Matt has something here.  We need more regulations around who can vote. Only people with 4 year degrees should be able to vote.  After all, things are more complex then the average high school graduate can understand.  I mean, we can't have these 'average' people impacting the earth.  We have to regulate these 'average' people before they ruin everything.

Now, let me pull my tongue out of my cheek.  Hey Matt, I bet the average high school graduate could balance a checkbook, more then I can say about our average politician.

From Emily Mills on 11/19/09 at 9:29 am

And there goes the point, whizzing right over (or on?) everyone's heads. Y'all are just sore because you're some of the folks who aren't able to fully understand the complexity of our environment. I'm one of those folks, too, but I at least recognize it without getting my undies in a twist. And then I do my best to learn more.

Heck, I'd even argue that those "expert" PhD holders don't all even fully appreciate or understand the complexities of the natural world. It's an awful lot to take in. But we need people to try.

From Jeremy Midthun on 11/19/09 at 9:42 am

I'd note the difference between being able to "appreciate" the complexity and "understand" it. Anyone (PhD or not) who claims to understand the intricacies of the environment and ecological relationships is only fooling himself.  By appreciating the complexity, one comes to the realization that fully understanding it is not possible. How many times has "man" tried to "fix things" in our environment, only to cause greater problems?

That said, we need to look to our "experts" for advice on such issues. Assuming the "citizen representing Madison" on the commission identified as John Magnuson is the local Professor Emeritus of Limnology from UW, I'd say we have some extremely capable individals investigating the issues involved.

From Jeremy Midthun on 11/19/09 at 10:21 am

"We shall never achieve harmony with land, any more than we shall achieve absolute justice or liberty for people. In these higher aspirations, the important thing is not to achieve but to strive."
-Aldo Leopold

From David Blaska on 11/19/09 at 10:57 am

Ah, yes, Progressive Dane makes its comeback with that stirring rallying cry: "You're too stupid to understand. Leave it to the experts!"

This one must be set to music; perhaps the Marseillaise. 

Leave environmental policy to the limnologists.

Leave Wall Street finance to the experts!

Leave foreign policy to the State Department lifers.

Leave military policy to the Pentagon brass.

Leave business decisions like minimum wage to business school graduates.

Leave constitutional issues to the lawyers.

Leave voting to political science professors.

-- Not that everyone within those classes agrees with each other. And, finally ...

Leave health care to ... (well, let's not get carried away). Leave health care to the Obama Administration.

From Jeremy Midthun on 11/19/09 at 11:27 am

What does this have to do with PD? So, you're avoiding the issue and trying to refocus it as an attack on PD? How convenient (and SO unlike you).

Let me get this straight. It is perfectly legitimate to reference Wilson and Kelling on their "broken windows" theory when discussing problems in our neighborhoods, but not our local ecological experts when discussing environmental issues. How so?

From Mike Basford on 11/19/09 at 11:59 am

Well, we left war to the Cheney Administration and look where it got us. BTW, that photo at the top with Ol' Four Deferments has to be a Photoshop job - even the slightest thought of getting into actual combat probably scares him as much as the thought of a trip to The Hague.

From Matt Logan on 11/20/09 at 12:29 pm

Mike McConnell,

"Yawn.  Smarmy and elitist. God, you are so full of yourself.  Do you actually read the words you trowel out? "

Not only do I read them, but I actually use higher reasoning skills to frame the concepts that the words are intended to convey.  I am a big fan of Thomas Jefferson and the role he played in bringing the concepts of "the enlightenment" ( The belief that the full application of man's intellect could rescue society from the forces of despotism. ) to the American dialogue.  I am also especially impressed with Jefferson’s determination in ensuring his daughter got a world class education at a time when such a thing was unheard of (he did so in large part because he didn’t trust that a potential husband would have sought a sufficient level of education.)

Jefferson wrote: "If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it."

You had a choice Mike: you could pull out the emotionally charged political shibboleths, or you could have engaged the fundamental question that I posited at the end of my post which I shall state again:

How much damage should the average person be allowed to cause to our shared environment before they need to apply some personal accountability to mitigate further impacts?”

I believe that one of your options represented the application of the principles of the enlightenment, the other represented the forces of despotism.  The option you chose speaks volumes about how long it is going to take for the Republican party to return to relevancy.  As for me, I think it is time that I put more effort into ensuring my daughter receives a world class education because not much about the human disposition seems to have changed since Jefferson’s time.


Last edited: 2009-11-20 12:43:50
From Brian Standing on 11/20/09 at 12:48 pm

Well, I'd like to applaud Mr. Blaska for providing a fairly accurate and concise description of the overall proposal in his post above, and for quoting from the report itself.  Thank you as well for posting the link to the official county website.  I would certainly echo Mr. Blaska's suggestion that people read the report and decide for themselves, rather than depend on misleading information provided by groups with a political axe to grind.

I would also like to sincerely apologize to those, like Mr. Blaska, who wanted to speak at the two public input sessions held this week, but were unable to do so due to time and space constraints.  Quite frankly, the turnout was a surprise to those of us at the county, since previous public meetings on this topic were sparsely attended.   Although I deplore their use of inaccurate and inflammatory language, I suppose we can thank the Realtors Association for at least raising public awareness of the project.  By the time the Realtors' postcards went out, there was no time to reschedule the meetings and still comply with the state open meetings law.  So, we were stuck with venues inadequate for the size of the crowd.  Thanks very much to the staff of the Verona Senior Center and the Sun Prairie City Hall who worked very hard to accommodate us as best they could.

I would also ask for patience if you have called the county board office or county agencies on this topic and have not yet received a response.  As you might imagine, we have a large backlog of calls, some of whom wanted to just to register an opinion, while others were expecting a call back.  County staff are working hard to respond to everyone, but it may take some time.

Rest assured, there will be plenty more public meetings, hearings and opportunities for public debate before any of the recommendations in this report are implemented.  Nothing is pending before the county board, and no regulations or rule changes are imminent.  County staff are working closely with the Lakes and Watershed Commission to work out the details and timing of future meetings.

For those of you who missed the meetings this week, or if you couldn't get in, presentation materials from both meetings, the full text of the report, excerpts and much other information is available at:

http://www.danewaters.com/management/water_body_classification.aspx

You can also provide comments to the Lakes and Watershed Commission at that website.  If you do comment, please take the time to read some of the informational materials first, so you are working from accurate information.  There are a lot of recommendations in the report, some of which you may agree with, and some of which you may not.  Please be as specific as you can, and feel free to offer alternatives.

I think we all need to take a step back from some of the rhetorical exaggerations that have been flying around.  Dane County has the difficult task of meeting its legal obligation to protect and steward public waters, while at the same time avoid creating an unreasonable burden on private landowners.  The question is, do the proposals in the report strike an appropriate balance between these two often conflicting objectives?  Are they reasonable and cost-effective?  Are there better alternatives?

Obviously, as the primary author of the report, I have my own opinions, but I certainly don't claim to have a monopoly on good ideas.  I, for one, look forward to a vigorous and informed debate on the best way to care for our waters.

 

From Brian Standing on 11/20/09 at 12:53 pm

By the way, one point of clarification.  The proposals in the Shoreland and Riparian Management plan would apply only to public, "navigable" waters, as defined in state law.  Mr. Blaska, its likely that "retention pond" in your backyard does not meet this test, and so would be exempt from proposed rules.  Feel free to contact me during business hours, and I can check into that.

From Jeremy Midthun on 11/20/09 at 1:51 pm

Matt-

I'm curious. What higher reasoning skills were employed in making the "the environment is far more complex than anyone except a PhD level expert can fully appreciate" claim? Seems to do little but feed the notion of elitism and fuel the skewed proclamations of Blaska, etc.

From Scott Colson on 11/20/09 at 3:26 pm

Blaska,

 

The really funny part about that teleprompter video is one of the fake anchorwomen is a former FoxNews anchorwomen.

Talk about easy job transitions...

From Matt Logan on 11/20/09 at 4:09 pm

Jeremy,

You ask:

"What higher reasoning skills were employed in making the 'the environment is far more complex than anyone except a PhD level expert can fully appreciate' claim?"

Ahh yes, the fatal flaw of electronic communication - taking one piece of a paragraph and looking at it in isolation can be a tempting way to prove somebody doesn't possess higher reasoning skills.  Except that what it really does is call into question the higher reasoning skills of the accuser.  I could certainly put more effort into creating better sound-bite sentences that were more bulletproof in this regard.

But to answer your question:

The point I was trying to convey in the paragraph that contained that sentence was that the environment is a complex thing, probably more complex than a person with "lowest common denominator" environmental expertise can appreciate. That in turn suggests the possibility that while a person might wish to act in an accountable way toward the environment, they may not understand what they need to do to protect the environment to whatever standard they feel is appropriate.

For example, if I didn't understand that heavily fertilizing my lawn tended to make the algae problem worse on a nearby body of water, I might not make the connection that my desire to reduce algae levels required limiting my use of fertilizer.  If the government stepped in and regulated my use of fertilizer without my understanding the algae-fertilizer link, I might then be upset at my property rights being taken away for what appeared to be no reason, even if there was a reason I would agree with.

In the fertilizer case, I think it is easy enough for the general public to understand the concept that a yearly mailing to shoreline residents would be enough to maintain an adequate water quality level.

But the issues in the proposed shoreline zoning resolution are far more complex and less likely to be effective via an education-only approach.  You can count me as one of the folks who does not consider himself an expert in this area.  I had no idea that property undergoing major construction would produce the incredible level of sediments that it does.  Worse, I suspect that most people have neither the time, nor the long term memory to retain this information long enough to apply it during their next major home construction project.

And that is why it may make sense to add water quality protection measures the construction permitting process.   Would it be enough to include water quality protection materials in a packet of information as part of the process?  Or will this require some kind of follow-up inspection to ensure an adequate level of compliance?  It all depends on what turns out to be the most effective way to balance out protecting water quality against preserving individual liberty.

From David Blaska on 11/23/09 at 10:15 am

Hey Logan, blow it out the other end!

From Jeremy Midthun on 12/01/09 at 12:14 pm

I'll try this again (surely without hope of a response):

Let me get this straight. It is perfectly legitimate to reference Wilson and Kelling on their "broken windows" theory when discussing problems in our neighborhoods, but not our local ecological experts when discussing environmental issues. How so?

 

From Jeremy Midthun on 12/01/09 at 12:19 pm

ML- As much as I agree with your assertions, I still think you're only feeding the "elitism" accusers with statements like that.

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