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Board adopts updated well construction and driller licensing rules; county landfill setback, variance process raised
Summary
The Natural Resources Board adopted rule amendments to NR 812 (DG‑3‑23) updating private well construction standards and to NR 146 (DG‑4‑23) revising driller and pump‑installer licensing. Board members and public commenters raised questions about variances near landfills and enforcement of licensed installer work.
The Wisconsin Natural Resources Board adopted two interrelated rule packages Sept. 24: board order DG‑3‑23 to update chapter NR 812 standards for private well construction and DG‑4‑23 updating licensing and continuing education for well drillers, heat‑exchange drillers and pump installers.
Marty Nussman, private water supply section manager in DNR’s Drinking Water and Groundwater Program, told the board the subchapter had not been substantially updated since 1994 and that DG‑3‑23 clarifies construction standards, reduces the need for prior approvals in some cases, creates minimum standards for dewatering wells, and clarifies compliance for existing installations with nonstandard casings. The rule package resulted from an industry and stakeholder study group including licensed drillers, pump installers and the Wisconsin Water Well Association.
DG‑4‑23 revises training and licensing requirements, provides additional options for completing training hours, adds continuing education paths, clarifies supervisory responsibilities and requires online renewals with limited exceptions. Nussman said the changes were designed to keep professional standards while shortening and modernizing pathways into the trades.
Board discussion focused on variances for wells sited near older landfills. Board member Jeff Hastings described a local case where a developer sought well construction closer than a township setback and expressed concern that the department could grant variances without first consulting township officials who may retain liability for old landfill sites. Nussman said the department had reorganized the variance section but not changed setback distances, and explained that landfill variance applications are reviewed by a hydrogeologist who may impose additional protections (for example deeper casing or required post‑install sampling). Chair Bill Smith asked staff to provide a briefing to board members about how landfill variance requests are handled; staff agreed to provide that briefing.
A public comment later in the meeting echoed concerns about field inspection and enforcement: Jim Leverich, a township official and former UW Extension employee, said a licensed installer’s measurement of his well had been inaccurate and that department follow‑up did not resolve his dispute; he urged the board to require higher training or accountability for persons doing measurement and inspection work.
No members of the public spoke against the rules at the meeting; DNR staff said the Wisconsin Water Well Association submitted written support for both DG‑3‑23 and DG‑4‑23. Robin Schmidt moved adoption of DG‑3‑23; Doug Hastings moved adoption of DG‑4‑23 after discussion; both motions passed by voice vote.
What happens next: both rule adoptions will be posted as adopted administrative code changes and the department will implement updated licensing processes, online renewals, and the clarified construction standards. Staff committed to follow up with board members on the landfill variance review process and to continue stakeholder communication.
Speakers in this story are recorded in the Sept. 24 board transcript.
