Published: January 11, 2011
Authors: Peter Conrad and Carl Sinderbrand

On January 13, 2011, the Capitol Area Regional Planning Commission (CARPC) will discuss whether it should be designated the area-wide Water Quality Management Planning Agency pursuant to the Federal Clean Water Act and NR 121.

Currently CARPC is not the designated agency for the Dane County region. The Wisconsin Department of Natural Resources serves that role, and uses CARPC for advice and recommendations. CARPC has requested to become the designated agency in the past, but the State refused because CARPC could not demonstrate “substantial local support.”

Changing the designated agency has a potentially significant impact. In a nutshell, the designated agency gets to make the decision on sewer service area boundaries. The concern with CARPC becoming the designated agency is that it would be able to prevent any expansion or modification of existing sewer service areas, regardless of what the science says. Additionally, CARPC could require conditions that exceed those required by either state or county laws. Indeed, we have already seen CARPC attempt this with storm water management, using the water quality planning process to prohibit environmentally protective, lawful development.

It is important to watch this development and determine whether it will go forward. If CARPC attempts to become the designated agency, the ultimate decision will be that of the Governor.

We will continue to monitor this matter and provide updates as additional information becomes available.

For more information about CARPC or water quality management, contact Peter Conrad at 608.260.2483 or pconrad@axley.com or Carl Sinderbrand at 608.260.2472 or csinderbrand@axley.com.

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