93.35 Weather modification.

679 words·~3 min read·/wi/chapter-93/93-35-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(b)“Operation” means the performance of any weather modification activity undertaken for the purpose of producing or attempting to produce any form of modifying effect upon the weather within a specified geographical area over a specified time interval.

(c)“Weather modification” means any activity performed with the intention of producing artificial changes in the composition, motions and resulting behavior of the atmosphere.

(2)Weather modification license and permit required. No person may engage in weather modification activities without obtaining a professional weather modification license under sub.

(4)and a weather modification operational permit under sub.

(6).

(3)Exemptions.

(a)A person may engage in the following activities without obtaining a license and permit under this section:

1. Activities for protection against fire, frost or fog.

2. Activities normally conducted for purposes other than inducing, increasing, decreasing or preventing hail, precipitation or tornadoes.

(b)The department may, by rule, exempt any other activities under this subsection deemed necessary.

(c)Activities exempted under this subsection shall be conducted so as not to interfere with authorized weather modification operations.

(4)Professional weather modification license; fees.

(a)The department shall prescribe by rule, the procedure and criteria for issuance of professional weather modification licenses under this section. The criteria shall be consistent with qualifications recognized by national or international professional and scientific associations concerned with weather modification and meteorology and shall carry out the purposes of this section.

(b)A person may obtain a license under this subsection by demonstrating to the satisfaction of the department, competence necessary to engage in weather modification operations and payment of $100 for an annual license which expires on October 31 of each year. Renewal licenses are $20 annually. A renewal license shall be issued in the same manner as an initial license.

(5)License suspension; revocation; nonrenewal. The department may suspend, revoke or refuse to renew a license for any of the following reasons:

(a)Incompetency.

(b)Dishonest practice.

(c)False or fraudulent representation in obtaining a permit.

(d)Failure to comply with any of the provisions of this section or any rules promulgated under this section.

(e)Aiding other persons to fail to comply with any of the provisions of this section or any rules promulgated under this section.

(6)Weather modification permit; fees; scope.

(a)The department shall prescribe, by rule, the procedure and criteria for issuance of weather modification permits under this section. The criteria shall be designed to carry out the purposes of this section.

(b)An applicant for a permit shall file with the department an application containing the following information:

1. Applicant’s name and address.

2. Name and address of the person on whose behalf the operation is to be conducted.

3. Indication that the applicant holds, or if the applicant is an organization rather than an individual, demonstration that the individual in control of the project holds a valid license issued under sub.

(4).

4. Proof of financial responsibility under sub.

(7).

5. A complete operational plan for the project including a specific statement of the nature and object of the plan, a map of the proposed operating area which specifies the primary target area and the area reasonably expected to be affected, a statement of the approximate time of the operation, a list of materials and methods to be used in conducting the operation, an emergency shutdown procedure which states conditions under which operations must be suspended because of possible danger to the public health, safety and welfare or to the environment.

6. Any other detailed information required by the department.

(c)The department shall give public notice by newspaper, radio or television announcement in the area of the state reasonably expected to be affected by operations conducted under a permit that it is considering an application for a permit, and hold a public hearing for the purpose of obtaining information from the public concerning the effects of issuing or refusing to issue the permit.

(d)The department may issue the operational permit if it determines that: