NR 310.07(3) (3) In determining whether an activity is eligible for an exemption, the department may rely on information and data gathered by the department in a prior inspection of the activity site or the waterbody adjacent to the activity site. The department is not required to make a new site inspection in response to receipt of an exemption determination request form.
NR 310.07(4) (4) When a person who owns the property where an activity is or will be located files an exemption determination request, the department shall determine if the activity is exempt under sub. (1), notify the requester in writing within 15 days if it determines that an activity is not exempt, and inform the requester that a general or individual permit is required for the activity. The department also may notify a requester if it determines that an activity is exempt.
NR 310.07(5) (5) When a person who does not own the property where an activity is or will be located files an exemption determination request, the department shall determine if the activity is exempt under sub. (1) and notify the requester in writing of its determination. If the activity is not exempt, the department shall inform the requester that a general or individual permit is required for the activity. If the department seeks permission from the landowner to access the property, the department shall notify the landowner of both the exemption determination request and its exemption determination. If the department is not able to obtain permission to access the property to inspect the site, and therefore unable to make a determination as to whether the activity is exempt, the department shall inform the requester of this fact. The department also may notify a requester if it determines that an activity is exempt.
NR 310.07(6) (6) The department has provided notice of its exemption determination on the date the department mails the written determination to the person who requested the determination.
NR 310.07 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
NR 310.08 NR 310.08Permits in lieu of exemptions. In making a determination under s. 30.12 (2m), 30.123 (6m) or 30.20 (1m), Stats., that a general permit or individual permit is required in lieu of an exemption, the department may rely on information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site. The department is not required to make a new site inspection in response to receipt of an exemption determination request form.
NR 310.08 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
subch. III of ch. NR 310 Subchapter III — General Permits
NR 310.09 NR 310.09Eligibility for general permits.
NR 310.09(1) (1) To be eligible for authorization under a general permit pursuant to ss. 30.206 and 30.12 (3) (a) or (d), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats., an activity shall meet all standards for the general permit in the statute that authorized issuance of the general permit, the rules in this subchapter and the rules promulgated under the statute that authorized issuance of the general permit and s. 30.206, Stats.
NR 310.09 Note Note: The rules specifying standards for regulated activities for which general permits are available are chs. NR 320, 323, 326, 328, 329, 341, 343 and 345.
NR 310.09(2) (2) Pursuant to ss. 30.12 (2m), 30.123 (6m), 30.20 (1m) and 30.206 (3r), Stats., the department may require a person engaged in or proposing an activity for which general permit authorization is available to obtain an individual permit.
NR 310.09 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
NR 310.10 NR 310.10General permit applications.
NR 310.10(1) (1) Any person may apply for a general permit from the department under s. 30.206, Stats., and, as applicable, either s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats.
NR 310.10(2) (2) A person who seeks a general permit from the department under sub. (1) shall submit an application on a form provided by the department and shall provide all the information requested on the form and accompanying instructions.
NR 310.10 Note Note: General permit application forms are available at department service centers and on the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 310.10(3) (3) A person filing an application under subs. (1) and (2) shall submit the application to the department not less than 35 days before commencing the activity to allow time for mailing between the applicant and department.
NR 310.10 Note Note: Federal permits may also be required. Applications for general permits are joint applications for both state and federal permits. The applicant shall mail a duplicate copy of the completed general permit application form to the St. Paul district, U.S. army corps of engineers to seek federal authorization. Applicants are responsible for obtaining all necessary federal permits or approvals for their activity.
NR 310.10 Note Note: Local land use or building permits may also be required. Applicants are responsible for obtaining all necessary local permits or approvals for their activity.
NR 310.10 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.11 NR 310.11Department procedures for processing general permits.
NR 310.11(1)(1) The department shall develop and maintain application forms for requesting authorization under a general permit under s. NR 310.10 and shall provide a copy of a form to any person upon request.
NR 310.11(2) (2) Upon receipt of a general permit application under s. NR 310.10 (2), the department shall determine whether the activity qualifies for a general permit under s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats.
NR 310.11(3) (3) The date of receipt of a general permit application shall be the date an application which meets the requirements of s. NR 310.10 (2) is received at the department office specified on the form or accompanying instructions.
NR 310.11(4) (4) If the general permit application does not meet all the requirements of s. NR 310.10 (2), it may be deemed incomplete. Within 30 days of receipt, the department shall notify the applicant in writing that the application is incomplete and shall describe the information that shall be submitted in order for the application to be complete.
NR 310.11(5) (5) The department may investigate or visit a site to determine whether an activity meets the standards for a general permit or requires an individual permit under s. 30.206 (3r), Stats.
NR 310.11(6) (6) Where a general permit application is filed for an activity for which a general permit is not available under s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats., the department shall notify the requester that a general permit is not available for the activity, and of any provisions of ch. 30, Stats., that apply to the activity.
NR 310.11(7) (7) The department may dismiss a general permit application if the information needed to complete the application is not received within 30 days after the department notifies an applicant that its application is incomplete.
NR 310.11(8) (8) If the department determines that an activity is not eligible for a general permit, the department shall notify the applicant in writing that the applicant may revise the project so that the activity is eligible for a general permit, withdraw the application or apply for an individual permit. In its notification, the department shall state why the project is ineligible for a general permit. The statement shall, where applicable, describe public rights features at the site or conditions specific to the site that require restrictions different than the general permit conditions in order to prevent significant adverse impacts to public rights and interests, environmental pollution as defined in s. 299.01 (4), Stats., or material injury to the riparian rights of any riparian owner.
NR 310.11(9) (9) If the department determines that an activity is eligible for a general permit, the department shall notify the applicant in writing.
NR 310.11(10) (10) The department has provided notice of its determination under sub. (5), (7), (8) or (9) on the date the department mails the written determination to the applicant.
NR 310.11 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.12 NR 310.12General permit decisions.
NR 310.12(1) (1) All activities proceeding under a general permit issued under s. 30.206, Stats., shall be subject to any requirements in ss. 30.12 (3), 30.123 (7), 30.19 (3r), 30.20 (1t) and 30.206, Stats., rules promulgated under those statutes, and all of the following conditions:
NR 310.12(1)(a) (a) The permit does not authorize any work other than what is specifically described in the application and plans, and as limited by the conditions of the permit. A permittee shall obtain prior written approval of modifications from the department before modifying a project or amending permit conditions.
NR 310.12(1)(b) (b) The permittee shall notify the department before starting construction and again not more than 5 days after the project is complete.
NR 310.12(1)(c) (c) The permittee shall post a copy of this permit at a conspicuous location on the project site visible from the waterway, beginning at least 5 days prior to construction and remaining at least 5 days after construction. The permittee shall also have a copy of the permit and approved plan available at the project site at all times until the project is complete.
NR 310.12(1)(d) (d) Upon reasonable notice, the permittee shall allow access to the project site during reasonable hours to any department employee who is investigating the project's construction, operation, maintenance or permit compliance.
NR 310.12(1)(e) (e) The permittee shall complete the project on or before the expiration date established in the permit. If the project is not completed by the expiration date, the permittee shall submit to the department a written request for an extension prior to the expiration date of the permit. The request shall identify the requested extension date and the reason for the extension. The department may grant a permit extension for good cause shown. The permittee may not begin or continue construction after the original permit expiration date unless the department grants a new permit or permit extension in writing.
NR 310.12(1)(f) (f) The permittee shall submit a series of photographs to the department within one week of completion of work on the site. The photographs shall be taken from different vantage points and depict all work authorized by the permit.
NR 310.12(1)(g) (g) The permittee shall maintain the project in good condition and in compliance with the terms and conditions of the permit, this chapter and s. 30.206, Stats.
NR 310.12(1)(h) (h) The department may modify or revoke the permit if the project is not completed according to the terms of the permit or if the department subsequently determines the activity is detrimental to the public interest.
NR 310.12(1)(i) (i) Acceptance of a general permit and efforts to begin work on the activity authorized by the general permit signifies that the permittee has read, understood and agreed to follow all conditions of the general permit.
NR 310.12(2) (2) The department shall retain continuing jurisdiction over any project permitted under this chapter and s. 30.206, Stats.
NR 310.12 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
subch. IV of ch. NR 310 Subchapter IV — Individual Permits, Notices, Hearings And Administrative Review
NR 310.13 NR 310.13Eligibility for individual permits.
NR 310.13(1) (1) To be eligible under subchs. I and II of ch. 30, Stats., for authorization under an individual permit, an activity shall meet all standards for the individual permit in the statute that authorized issuance of the individual permit, the rules in this chapter and the rules promulgated under the statute that authorized issuance of the individual permit.
NR 310.13 Note Note: The rules specifying standards for regulated activities for which individual permits are available are the NR 300 series of Wisconsin administrative code.
NR 310.13 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.14 NR 310.14Individual permit applications.
NR 310.14(1) (1)General provisions.
NR 310.14(1)(a)(a) Any person may apply for an individual permit from the department under subch. II of ch. 30, Stats.
NR 310.14(1)(b) (b) A person who seeks an individual permit from the department under this section shall submit an application on a form provided by the department and shall provide all the information requested on the form and accompanying instructions.
NR 310.14 Note Note: Individual permit application forms are available at department service centers and on the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 310.14 Note Note: Federal permits may also be required. Applications for individual permits are joint applications for both state and federal permits. The applicant shall mail a duplicate copy of the completed individual permit application forms to the St. Paul district, U.S. army corps of engineers to seek federal authorization. Applicants are responsible for obtaining all necessary federal permits or approvals for their activity.
NR 310.14 Note Note: Local land use or building permits may also be required. Applicants are responsible for obtaining all necessary local permits or approvals for their activity.
NR 310.14(1)(c) (c) An individual permit application is received by or submitted to the department on the date the application or additional information is received at the department office specified on the permit application form or accompanying instructions.
NR 310.14(1)(d) (d) Any additional information filed by an applicant to complete an individual permit application is received by or submitted to the department on the date the additional information is received at the department office where the additional information was requested to be submitted.
NR 310.14(1)(e) (e) The department has provided notice under this subchapter when it mails an applicant the initial determination of completeness, notice of complete application or notice of public hearing.
NR 310.14(1)(f) (f) The department has completed providing a notice of complete application pursuant to s. 30.208 (3) (c) and (4) (a), Stats., on the later of the date that the applicant publishes notice or mails notice to all parties under sub. (2).
NR 310.14(2) (2)Interested and potentially interested members of the public.
NR 310.14(2)(a)(a) The following are determined to be interested and potentially interested members of the public under s. 30.208 (3), Stats.:
NR 310.14(2)(a)1. 1. The adjacent riparian on each side of the property on which the activity is located.
NR 310.14(2)(a)2. 2. The designated contact for any local lake or river organization for the waterway where the project is located.
NR 310.14 Note Note: Directories of contact names and addresses are available at websites maintained by the Wisconsin Lakes Partnership and the River Alliance of Wisconsin.
NR 310.14(2)(a)3. 3. The clerks of the county and the town, village or city in which the activity is located.
NR 310.14(2)(a)4. 4. Any person who submits to the department a written request for notification regarding a specific application or any general type of application. If the department receives requests for notification from persons who identify themselves as members of a specific organization, notice to an officer of the organization shall constitute notice to all organization members.
NR 310.14(2)(a)5. 5. Any additional interested members of the public identified by the department for a specific individual permit application.
NR 310.14(2)(b) (b) The department shall provide to the applicant with the notice of complete application a list of the names and addresses of the persons it has identified under par. (a) 4. and 5.
NR 310.14(3) (3)Completeness determinations.
NR 310.14(3)(a)(a) Determining completeness under this subchapter means that the department determines if an applicant has submitted all items required in s. NR 310.14 (1) (b). A determination that an application is complete is not a judgement that the submitted information is accurate or sufficient to prove that the activity meets the standards to obtain an individual permit.
NR 310.14(3)(b) (b) The department may dismiss an individual permit application without prejudice if the information needed to complete the application is not received within 45 days after the department notifies an applicant that its application is incomplete.
NR 310.14(3)(c) (c) The department may dismiss an individual permit application if the proof of publication required in s. NR 310.15 (1) (f) is not received within 45 days after the department notifies an applicant that its application is complete.
NR 310.14(4) (4)Initial determination of completeness (application date + 30 days or less).
NR 310.14(4)(a)(a) Within 30 days after an individual permit application is submitted, the department shall initially determine whether the application is complete and notify the applicant as follows:
NR 310.14(4)(a)1. 1. If the application is complete, the department shall notify the applicant in writing that the application is complete.
NR 310.14(4)(a)2. 2. If the application is incomplete, the department shall notify the applicant in writing that the application is incomplete, identify all specific items of information needed to complete the application, and advise the applicant that the department may dismiss the application if the information needed to complete the application is not received within 45 days after the department provides notice that the application is incomplete.
NR 310.14(4)(b) (b) The department may not determine an application is complete unless the department determines that the applicant has provided all information necessary for any environmental analysis required under ch. NR 150.
NR 310.14 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; CR 13-022: am. (4) (b) Register March 2014 No. 699, eff. 4-1-14.
NR 310.15 NR 310.15Notices and public comment.
NR 310.15(1) (1)Notice of complete application (initial determination of completeness date + 15 days).
NR 310.15(1)(a)(a) Within 15 days after the department provides an initial determination of completeness under s. NR 310.14 (4) (a) 1., the department shall send the applicant a notice of complete application. The notice shall contain all the information required under s. 30.208 (5) (b), Stats.
NR 310.15(1)(b) (b) If the applicant requests a public hearing in its individual permit application, the department shall include a notice of public hearing with the notice provided in par. (a).
NR 310.15(1)(c) (c) The applicant shall publish the notice in par. (a) or (b) in the newspaper identified by the department in the notice no later than 10 days before the scheduled hearing date.
NR 310.15(1)(d) (d) The applicant shall provide a copy of the notice to any person or group who requests a copy no later than 10 days before the scheduled hearing date.
NR 310.15(1)(e) (e) If the notice contains a list of names and addresses identified under s. NR 310.14 (2), the applicant shall provide a copy of the notice to each person on the list. The notice shall be provided to each person via US mail with return receipt requested or delivered in person.
NR 310.15(1)(f) (f) The applicant shall provide proof of notice publication to the department prior to the scheduled hearing date. The proof of publication shall be an affidavit from the newspaper certifying publication and documenting the date of publication. If an affidavit cannot be obtained prior to the scheduled hearing date, the proof of publication shall be an original newspaper page, not a photocopy, which contains the notice and publication date.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.