NR 310.13 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.14 NR 310.14 Individual 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 310.15 Notices 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.
NR 310.15(1)(g) (g) If the applicant is required to notify a list of persons in pars. (d) and (e), the applicant shall provide proof of notification prior to the scheduled hearing date. The proof of notification shall be proof of mailing from the U.S. postal service, or a signed and dated statement from the person delivering the notices that the notices were personally delivered.
NR 310.15(2) (2)Public comment period (notice of complete application date + 30 days, or public hearing date + 10 days).
NR 310.15(2)(a)(a) Any person may submit written comments on an application to the address specified in the notice of complete application or notice of public hearing.
NR 310.15(2)(b) (b) Comments shall address facts relevant to whether an activity in an application will comply with the legal standards listed in the notice of complete application.
NR 310.15(2)(c) (c) The department shall consider all written public comments in evaluating an individual permit application.
NR 310.15(2)(d) (d) Comments are submitted on the date they are postmarked using U.S. mail or on the date they are hand-delivered to the address specified in the notice of complete application or notice of public hearing.
NR 310.15(3) (3)Notice of public hearing.
NR 310.15(3)(a)(a) The department shall provide a notice of public hearing:
NR 310.15(3)(a)1. 1. If an applicant requests a public hearing in their individual permit application.
NR 310.15(3)(a)2. 2. If a person submits a written request for public hearing within 30 days after the date the department provided notice of complete application under sub. (1).
NR 310.15(3)(a)3. 3. If the department determines within 30 days after the date the department provided notice of complete application under sub. (1) that there is a significant public interest in holding a public hearing.
NR 310.15(3)(b) (b) The notice of public hearing shall contain all the information required under s. 30.208 (5) (b), Stats.
NR 310.15(3)(c) (c) The department shall provide the notice of public hearing required in par. (a) 1. with the notice of complete application provided under sub. (1).
NR 310.15(3)(d) (d) The applicant shall publish the notice of public hearing in the newspaper identified by the department in the notice no later than 10 days before the scheduled hearing date.
NR 310.15(3)(e) (e) The applicant shall provide a copy of the notice of public hearing to any person or group that requests a copy of the notice no later than 10 days before the scheduled hearing date.
NR 310.15(3)(f) (f) 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 U.S. mail with return receipt requested or delivered in person.
NR 310.15(3)(g) (g) 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.
NR 310.15(3)(h) (h) If the applicant is required to notify a list of persons in pars. (e) and (f), the applicant shall provide proof of notification prior to the scheduled hearing date. The proof of notification shall be proof of mailing from the U.S. postal service, or a signed and dated statement from the person delivering the notices that the notices were personally delivered.
NR 310.15 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.16 NR 310.16 Public informational hearings.
NR 310.16(1) (1) Form and timeliness of request for public hearing. Any request for a public informational hearing shall comply with all the following requirements:
NR 310.16(1)(a) (a) A request shall be in writing and dated.
NR 310.16(1)(b) (b) A request shall be submitted to the address in the notice of complete application and postmarked no later than 30 days following the date the department provided notice of complete application.
NR 310.16(1)(c) (c) A request shall include the docket number or applicant name and specify the issues that the party desires to be addressed at the public informational hearing.
NR 310.16(1)(d) (d) The issues specified in the hearing request shall relate to the legal standards listed in the notice of complete application.
NR 310.16(2) (2)Date and location of public informational hearing. The department shall hold a public informational hearing within 30 days after notice of hearing has been provided to the applicant under s. 30.208 (3) (d), Stats. The hearing shall be located in the vicinity of the property that is the subject of the individual permit application wherever possible and practicable.
NR 310.16(3) (3)Participation at public informational hearings. Any interested members of the public or representatives of government agencies may participate in a public informational hearing with respect to the issuance of the proposed permit subject to the procedures in sub. (5). Persons and government agencies participating need not be represented by legal counsel.
NR 310.16(4) (4)Changes or adjournments in time or place of hearing.
NR 310.16(4)(a)(a) Requests for changes in the time and place of a scheduled hearing will be granted only for good cause shown prior to any required newspaper publication of legal notice for the hearing. Failure to publish or notify as required by s. NR 310.15 (3) (d) and (e) shall constitute good cause for changes or adjournment.
NR 310.16(4)(b) (b) The hearing examiner may adjourn a hearing for good cause shown, to be reconvened at the discretion of the department on 10 days' notice or at a time certain on agreement of all persons present.
NR 310.16(5) (5)Conduct of public informational hearings.
NR 310.16(5)(a)(a) Informational hearings. Public informational hearings held pursuant to this subsection are not contested cases as defined in s. 227.01 (3), Stats.
NR 310.16(5)(b) (b) Hearing examiner. Public informational hearings held pursuant to this subsection shall be conducted by a hearing examiner designated by the secretary or secretary's designee.
NR 310.16(5)(c) (c) Procedure.
NR 310.16(5)(c)1.1. The hearing examiner shall open the hearing by concisely stating the scope and purpose of the hearing and explaining the procedures to be used in the hearing. The hearing examiner shall explain how and to whom notice of the final decision granting or denying a permit will be provided and how a person may seek administrative or judicial review of the final decision.
NR 310.16(5)(c)2. 2. Appearance slips shall be distributed to all persons attending the hearing and the hearing examiner shall ask all persons present to indicate on their appearance slips whether they intend to present an oral or written statement at the hearing.
NR 310.16(5)(c)3. 3. Any person may direct informational or clarifying questions through the hearing examiner to a person making oral statements, but cross-examination is not allowed at the hearing.
NR 310.16(5)(c)4. 4. The hearing examiner may place time limits on individual oral statements to prevent undue repetition or insure that all persons wanting to make statements can do so in a reasonable period of time.
NR 310.16(5)(c)5. 5. The hearing examiner may limit the number of representatives that may make oral statements on behalf of any individual or organized group.
NR 310.16(5)(c)6. 6. When necessary to ensure maximum participation and adequately allot time for oral statements at hearing, the hearing examiner may schedule at set times for persons to make oral statements. Even if oral statements are scheduled, unscheduled oral or written statements also shall be allowed at hearing.
NR 310.16(5)(c)7. 7. Any person submitting a written statement at hearing shall submit at least one legible copy to the hearing examiner.
NR 310.16(5)(c)8. 8. Regardless of specific requirements of this paragraph, the hearing examiner may use any procedures necessary to insure that the hearing will be conducted in an orderly and expeditious manner, provided the measures are consistent with broad public participation in the hearing.
NR 310.16(5)(d) (d) Contempt. The hearing examiner may exclude from the hearing a person who engages in loud, noisy, disruptive or contemptuous conduct.
NR 310.16(6) (6)Record of public participation. The department shall record public informational hearings electronically. The department may prepare a written report of public participation in the hearing.
NR 310.16 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.17 NR 310.17 Individual permit decision.
NR 310.17(1) (1) Decision date. The department shall render a decision issuing, denying or modifying a permit or approving a contract within 30 days after the public hearing is held, or if no public hearing is held, within 30 days after the end of the public comment period.
NR 310.17(2) (2)Standards and information. The department shall consider all the following information in deciding whether to approve, modify or deny an individual permit application:
NR 310.17(2)(a) (a) Applicable standards in statutes, rules and common law.
NR 310.17(2)(b) (b) Plans and information provided by an applicant.
Loading...
Loading...
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.