NR 300.08 Note
Note: Pursuant to statute, the public comment period is never less than 30 days and will be extended if a hearing is requested.
NR 300.08(2)(b)
(b) During the public comment period any person may submit written comments as specified in ss.
30.208 (3) to
(5) and
281.36 (3m), Stats., on the pending application. Public comment may be submitted electronically or to the mailing address specified in the notice of complete application or notice of public hearing.
NR 300.08(3)(a)
(a) Any person may submit a request for a public hearing to the department or, if the department determines that there is a significant public interest in holding a public hearing, the department may hold a public hearing. The department shall hold a hearing upon request by any person.
NR 300.08(3)(c)
(c) The applicant shall publish the class 1 notice in a newspaper identified by the department and shall notify interested and potentially interested members of the public as determined under s.
NR 300.07 (4) of the notice provided under par.
(b) unless the applicant has requested and paid for the department to complete the notice in which case the department shall satisfy this requirement.
NR 300.08(3)(e)
(e) A public hearing held under par.
(a) shall comply with the protocols specified under ch.
NR 2.
NR 300.08 Note
Note: Public informational hearings held pursuant to this subsection are not contested cases as defined under s.
227.01 (3), Stats.
NR 300.08(3)(f)
(f) In lieu of an in-person hearing, the department may conduct a public informational hearing through telepresence for good cause, which may include all of the following:
NR 300.08(3)(f)1.
1. The applicant and any interested member of the public that requested the public informational hearing agree to this hearing format.
NR 300.08(3)(f)2.
2. A telepresence hearing will provide for efficient and effective means to gather public comment and information.
NR 300.08 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (3) (a) made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.09
NR 300.09 Individual permit decision. NR 300.09(1)(a)(a) The department shall render a decision to approve, deny, or modify an individual permit within the applicable statutory timelines.
NR 300.09 Note
Note: The decision timeline is 30 days unless a hearing is requested.
NR 300.09(2)
(2)
Standards and information. The department shall consider all of the following information in deciding whether to approve, modify, or deny an individual permit application:
NR 300.09(2)(c)
(c) Written or oral information provided during a public comment period or public hearing.
NR 300.09(2)(d)
(d) Statements or information provided by local, state, and federal government agencies.
NR 300.09(2)(e)
(e) Data or information found in natural resource inventories and plans, or maps collected by the department or others using commonly accepted methods.
NR 300.09(3)
(3)
Notice of decision. The department shall notify all of the following, in writing or through electronic notification, of its decision on an individual permit application:
NR 300.09(3)(b)
(b) Other agencies as specified by an interagency agreement.
NR 300.09 Note
Note: Other agencies including affected American Indian tribes or bands, the county or applicable municipal zoning authority, the U.S. army corps of engineers, and others may also be copied on electronic notifications of the decision.
NR 300.09(3)(c)
(c) Any person who asks the department in writing for a copy of the final decision.
NR 300.09(4)
(4)
Effective date. Except as provided under sub.
(5), the individual permit shall take effect upon notification of the decision to all parties listed under sub.
(3).
NR 300.09(5)
(5)
Petition for administrative review and request for stay. A petition for administrative review of the individual permit decision may contain a request for a stay under s.
30.209 (1m) or
281.36 (3q) (d), Stats., as applicable. A petition for administrative review shall be filed with the department within 30 days of the department's decision to approve, deny, or modify an individual permit or contract.
NR 300.09 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (1) (b), (2) (g), (5) (intro.), (c) made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.10
NR 300.10 Dam permits, approvals, and determinations. NR 300.10(1)(1)
For any permit, approval, or determination made under ss.
31.02 to
31.38, Stats., the applicant shall submit, as requested by the department, at any time during the review process, additional information the department finds to be reasonably necessary for review of the application.
NR 300.10(2)
(2) The department shall charge a fee for permits or approvals. The permit or approval fee shall accompany the permit application or request for approval. Projects funded in whole or in part by any federal agency or state agency are exempt from fees. Except for federal or state agency dam projects, any construction, alteration, change in operation, transfer, or abandonment of a dam requires a fee pursuant to s.
31.39 (3), Stats., as follows:
NR 300.10(2)(a)
(a) For a permit, approval, or determination with an estimated time of 3 hours or less, the fee is $50.
NR 300.10(2)(b)
(b) For a permit, approval, or determination with an estimated time of more than 3 hours but not more than 9 hours, the fee is $300.
NR 300.10(2)(c)
(c) For a permit, approval, or determination with an estimated time of more than 9 hours, the fee is $500.
NR 300.10 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.11
NR 300.11 Waterway and wetland permit fees. NR 300.11(1)(1)
Wetland permit fees. The application fee for an authorization to proceed under a wetland general permit under s.
281.36 (3g), Stats., is $600. The application fee for a wetland individual permit under s.
281.36 (3m), Stats., is $1,700.
NR 300.11(2)
(2)
Waterway general permit fee. The application fee for an authorization to proceed under a waterway general permit under ss.
30.206 and
30.2065, Stats., is $350.
NR 300.11(3)(a)
(a) Except as provided in pars.
(b) and
(c), the application fee for a waterway individual permit under s.
30.208, Stats., is $750.
NR 300.11(5)
(5)
Expedited service fees. The department shall charge an additional $3,500 if an applicant requests in writing that the permit, approval authorization, or determination be issued, or the contract be granted, within a time period that is shorter than what is statutorily specified.
NR 300.11(6)
(6)
After-the-fact fees. The fee for an after-the-fact permit under s.
NR 300.20 shall be double the original permit fee.
NR 300.11(7)
(7)
Water quality certification. The department shall charge a $750 fee to process a water quality certification request under ch.
NR 299 unless the request also requires a state permit, in which case this fee is waived.
NR 300.11(8)
(8)
General permit refund. If an applicant withdraws a general permit application prior to the department making a decision, the permit fee shall be refunded to the applicant. The fee shall not be refunded to the applicant if a permit decision is issued or the permit application is dismissed.
NR 300.11(9)
(9)
Individual permit refund. A refund for individual permit fees may only be granted if an applicant withdraws an individual permit application before the application is determined to be complete under s.
NR 300.07 (3).
NR 300.11(10)
(10)
Payment. The department may utilize an electronic payment system for collecting payment. The department may impose a $3 service fee to use the electronic payment system.
NR 300.11 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (3) (c), (5) made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.12
NR 300.12 General. Regulatory decisions under subch.
I may require water quality certification.
NR 300.12 Note
Note: Clean Water Act Section 402 and 404 permits may require state certification.
NR 300.12 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.13
NR 300.13 Notification. It is the responsibility of the U.S. army corps of engineers to inform the department as the certifying agency when a water quality certification action is required.
NR 300.13 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.14
NR 300.14 Process. The department shall work with persons and the U.S. army corps of engineers to ensure that all procedural requirements of Clean Water Act Section 401 are implemented. The department may enter into a memorandum of understanding with the U.S. army corps of engineers to specify this process.
NR 300.14 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.15
NR 300.15 Waiver. The department shall waive water quality certification requirements for projects authorized under ss.
NR 300.04 and
300.05. The department shall also waive water quality certification requirements for projects that do not impact waters of the state. The department may waive water quality certification requirements for other projects on a case-by-case basis in alignment with ch.
NR 299.
NR 300.15 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.16
NR 300.16 Individual water quality certification decisions. If the U.S. army corps of engineers determines that an individual water quality certification decision is required, the department shall use the individual permit review process and comply with the applicable timelines specified under s.
NR 300.07. The fee shall be $700 for these determinations.
NR 300.16 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.17
NR 300.17 Navigability and ordinary high water mark determinations. NR 300.17(1)(1)
Types of determinations. Any person who owns or leases land or acting as an agent of the property owner may request that the department provide any of the following determinations for the fee specified under sub.
(3):
NR 300.17(1)(a)
(a) A navigability determination based on an on-site inspection of the land by the department of whether a waterbody is navigable. The department shall provide a navigability determination in writing for an individual waterbody within a project boundary.
NR 300.17 Note
Note: A navigability determination is the appropriate service for a stakeholder seeking a watercourse determination.
NR 300.17(1)(b)
(b) An ordinary high water mark determination based on an on-site inspection of the land by the department of the ordinary high water mark for an individual waterbody on a property.
NR 300.17(1)(c)
(c) A navigability confirmation, which is a service the department provides to concur with the navigability of a waterbody as preliminarily determined by an independent third party. The preliminary navigability determination is prepared by an independent third party and meets the minimum submittal requirements specified in sub.
(2). If the department concurs with the preliminary navigability determination completed by the independent third party, the department's confirmation becomes the state's legal determination and the confirmation shall also include the exact location and summarize the information used to make this determination. If the department does not agree with the preliminary navigability determination as presented by the independent third party, the department may request the necessary information from the independent third party needed for the determination decision to be confirmed by the department, or the department may follow up with a site inspection to make the final determination for navigability.
NR 300.17(1)(d)
(d) An ordinary high water mark confirmation, which is a service the department provides to concur with an ordinary high water mark determination of a waterbody as determined by an independent third party. The ordinary high water mark determination is prepared by an independent third party and meets the minimum submittal requirements specified in sub.
(3). If the department concurs with the ordinary high water mark determination completed by an independent third party, the department's confirmation shall also include the exact location and summarize the information used to make this determination. If the department does not agree with the preliminary ordinary high water mark determination as presented by the independent party, the department may request the necessary information from the third party needed for the determination decision to be confirmed by the department, or the department may follow up with a site inspection to make the final determination for the ordinary high water mark.
NR 300.17 Note
Note: For zoning purposes, a person should request services in this section from their local zoning authority.
NR 300.17 Note
Note: An ordinary high water mark or navigability determination must be either completed by the department or confirmed by the department before it can be used for department regulatory decisions.
NR 300.17(1)(e)
(e) Requests for a service under pars.
(a) to
(d) shall be submitted in the manner and form specified by the department, for the service.
NR 300.17(1)(f)
(f) A person may request that the department complete a navigability-in-fact determination if the person disputes the navigability determination under par.
(a) or
(c). The department shall use a watercraft to confirm the navigability of the waterway. A requester shall comply with the declaratory ruling process specified in s.
227.41, Stats.
NR 300.17(2)
(2)
Minimum navigability submittal requirements. Minimal submittal requirements must be provided to the department in order to submit a navigability confirmation request under sub.
(1) (c). The minimum submittal requirements shall include all of the following:
