NR 300.17(7)(a)2.
2. Provide a navigability confirmation or ordinary high water mark confirmation under sub.
(1) (c) or
(d) no later than 30 days after a person files a request, in the manner and form required by the department, for the service.
NR 300.17(7)(c)
(c)
If adverse weather conditions, or other conditions at the site, prevent the department from conducting an accurate on-site inspection necessary for making the determination under sub.
(1) in sufficient time to comply with the deadline under par.
(a) 1. or
2., the department shall give notice to the person requesting the service that adverse weather conditions, or other conditions at the site, will prevent the department from complying with the deadline and give notice to the person that the department will provide the service as soon as possible when weather conditions, or other conditions at the site, allow the department to conduct an accurate on-site inspection.
NR 300.17 Note
Note: Adverse weather conditions may include severe flood or drought conditions or other weather patterns that make gathering accurate on-site information infeasible.
NR 300.17(7)(d)
(d) If a person fails to submit all information required for the service request under sub.
(1) (c) or
(d), the department may request additional information. The department may not ask for additional information more than once. The timeline under par.
(a) 1. will be on hold until this additional information request is satisfied.
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(8)
(8)
exclusions. The services specified in sub.
(1) are not available if any of the following apply:
NR 300.17(8)(a)
(a) The waterbody in question is on Lake Michigan, Lake Superior, outlying waters as defined in s.
29.001 (63), Stats., waterbodies subject to submerged land lease pursuant to s.
24.39 (4) (d), Stats., or waterbodies with approved bulkhead line pursuant to s.
30.11, Stats.
NR 300.17(8)(b)
(b) A court order has specified the ordinary high water mark or navigability determination for the area in question.
NR 300.17(8)(c)
(c) The request is related to a project where only local regulations are applicable.
NR 300.17 Note
Note: Projects only subject to shoreland setback should pursue compliance with local regulations only and would not be appropriate for this service.
NR 300.17(9)
(9)
Memorandum of agreement. The department may negotiate with municipalities, the U.S. army corps of engineers, and other governmental entities to enter into a memorandum of agreement that provides navigability and ordinary high water mark determinations through alternative means and methods in lieu of the process, timelines, and fees specified subs.
(2) to
(7).
NR 300.17 Note
Note: Municipalities may make ordinary high water mark or navigability determinations for the purposes of implementing their own regulatory or zoning programs.
NR 300.17(10)(a)(a) Except as provided under s.
30.10 (2) (b), Stats.,
navigability determinations and confirmations under sub.
(1) (a) and
(c) are valid in perpetuity unless a requestor or the department can demonstrate that water level fluctuations, land use changes, or other factors that significantly change hydrology or fluvial geomorphology at the site have caused the characteristics of a navigable waterway to be to be substantially altered since a previous department determination.
NR 300.17(10)(b)
(b) Ordinary high water mark determinations and confirmations under sub.
(1) (b) and
(d) are valid for a period of 5 years unless a requestor or the department can demonstrate that physical ordinary high water mark indicators have substantially changed due to natural processes since a previous department determination was made.
NR 300.17 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (1) (c), (d), (2) (intro.), (3) (intro.), (4) (a), (6) (intro.), (8) (a) made under s.
35.17, Stats., and correction in numbering in (2), (6), (7) made under s.
13.92 (4) (b) 1. Register June 2023 No. 810.
NR 300.18(1)(1)
Wetland identification and confirmation service. NR 300.18(1)(am)
(am) Any person who requests a wetland identification or confirmation service from the department under s.
23.321, Stats., shall use standard request protocols and submittal requirements that are established by the department. The department will complete these service requests as soon as practicable consistent with s.
23.321 (4), Stats., and may use off-site review methods consistent with U.S. army corps of engineers' wetland determination protocols as provided under s.
281.36 (2m), Stats.
NR 300.18(1)(bm)
(bm) The department may develop and utilize off-site review methods for non-growing season wetland identification and confirmation services in lieu of putting these requests on hold under s.
23.321 (4) (b), Stats., so long as the methods are consistent with U. S. army corps of engineers' standards as provided under s.
281.36 (2m), Stats.
NR 300.18(2)
(2)
Expedited service fees. In addition to the fees specified under s.
23.321 (3), Stats., the department shall charge an additional $3,500 fee for stakeholders who wish to expedite a wetland identification or confirmation service request under s.
23.321 (3m), Stats.
NR 300.18(3)(a)(a) The department shall develop and maintain standard mapping methods and quality assurance protocols that align with applicable federal fish and wildlife service standards to complete the mapping requirements under s.
23.32, Stats.
NR 300.18(3)(am)
(am) A person may request that a watershed be mapped by the department using the standards in this subsection. A request shall be for a watershed no smaller than a 12-digit hydrologic unit code (HUC) watershed.
NR 300.18(3)(b)
(b) The department will establish mapping priorities based on available funding and may enter into a memorandum of agreement with the person in par.
(am) to secure adequate funding for the mapping request.
NR 300.18(3)(c)
(c) The department may enter into a memorandum of agreement with another organization or entity to incorporate wetland mapping conducted by the organization or entity so long as the memorandum of agreement and mapping outputs comply with applicable state and federal standards and s.
23.32, Stats.
NR 300.18 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; renumber (1) (intro), (a) to (1) (am), (bm) and made under s.
13.92 (4) (b) 1., Stats., and correction in (1) (am), (bm) made under s.
35.17, Stats., correction in numbering of (3) (a), (am) made under s.
13.92 (4) (b) 1., Stats., and correction in (3) (b) made under. s.
13.92 (4) (b) 7., Stats.,
Register June 2023 No. 810.
NR 300.20(1)(1)
Except as provided under sub.
(3), the department may process an after-the-fact permit application for a regulated project that was initiated or completed prior to receiving a permit authorizing that activity. The after-the-fact permit may be a general or individual permit.
NR 300.20(2)
(2) If an after-the-fact permit is processed prior to the completion of an enforcement action against the person who initiated or completed the regulated activity, the department may continue the processing of the enforcement action, regardless of whether the after-the-fact permit is ultimately granted.
NR 300.20(3)
(3) This section shall not preclude the department from scheduling a permit application for public hearing on the same day as an abatement hearing under s.
30.03 (4) (a), Stats.
NR 300.20 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.21
NR 300.21 Relationship of enforcement and permit proceedings. The department shall not process after-the-fact permit or approval applications under s.
NR 300.20 prior to the completion of any enforcement actions if any of the following apply:
NR 300.21(1)
(1) The project is causing or is likely to cause environmental damage.
NR 300.21(2)
(2) Department staff have an objection to the issuance of the permit or approval based on the relevant statutory standards for issuance of the permit or approval.
NR 300.21(3)
(3) The prosecuting attorney in the enforcement action has not given consent to the processing of the application prior to the completion of the enforcement action.
NR 300.21 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in numbering made under s.
13.92 (4) (b) 1., Stats.,
Register June 2023 No. 810.
NR 300.22
NR 300.22 Relationship of enforcement and confirmations. The department shall not process an ordinary high water mark or navigability confirmation request pursuant to s.
NR 300.17 prior to the completion of any enforcement action if any of the following apply:
NR 300.22(1)
(1) Department staff have an objection to the confirmation based on the relevant statutory standards.
NR 300.22(2)
(2) The information provided is not reflective of site conditions or does not meet the minimum submittal requirements in s.
NR 300.17 (2) or
(3).
NR 300.22(3)
(3) The prosecuting attorney in the enforcement action has not given consent to the processing of the confirmation request prior to the completion of the enforcement action.
NR 300.22 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in numbering made under s. 13.92 (4) (b) 1., Stats., and, as renumbered, correction in (2) made under s. 35.17, Stats.,
Register June 2023 No. 810.
NR 300.23
NR 300.23
Exceptions to time limits. NR 300.23(1)(1)
When a contested case hearing is required because of objections to the granting of a permit or approval by the department, or when such a hearing is scheduled on the department's own motion, the department's decision shall be provided to the applicant within 45 business days after completion of the hearing or the report required under s.
227.116 (4), Stats. The decision may be provided to the applicant electronically or by mail.
NR 300.23(2)
(2) When an applicant's proposed project requires more than one department approval for which a time limit has been established pursuant to s.
227.116 (1r), Stats., decisions to which this chapter applies shall be made by the last day of the longest applicable time limit or by the date of the report required by s.
227.116 (4), Stats.
NR 300.23 Note
Note: For example, if an applicant requests both a general permit and an individual permit for a single and complete project, the individual permit timeline is the applicable regulatory timeline for the project.
NR 300.23(3)
(3) The time limits specified in subchs.
I and
II do not include the number of business days between any of the following:
NR 300.23(3)(a)
(a) The date a decision is made by the department to prepare an environmental impact analysis under s.
1.11, Stats., and the date a final determination is made that the department has complied with s.
1.11, Stats.
NR 300.23(3)(b)
(b) The date a request is made to an applicant for additional information necessary for the department to issue a decision under the applicable statute and the date that information is received by the department.
NR 300.23(3)(c)
(c) The date a class I legal notice under ch.
985, Stats., is mailed by the department and the date the department receives satisfactory proof of publication of that notice from the applicant.
NR 300.23(4)
(4) If the department's action on a requested permit or approval is delayed or prevented by an order or decision of a court of law, the time limit specified under subch.
I shall be adjusted to conform to the court's decision or order.
NR 300.23(5)
(5) If the department's action on a requested permit or approval is delayed or prevented by the action or failure to act of an agency or private party other than the department or the applicant, the time limit specified under subch.
I shall be adjusted accordingly.
NR 300.23 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (2) made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.24(1)(1)
For purposes of making a regulatory decision under subchs.
I to
IV or determining compliance with a project authorized under a regulatory decision under subchs.
I to
IV, the department may do any of the following:
NR 300.24(1)(a)
(a) Enter and inspect any property on which is located a wetland or part of a wetland or a waterway for which an application or request under subch.
I or
II has been submitted.
NR 300.24(1)(b)
(b) Enter and inspect any property on which is located a wetland or waterway to investigate a discharge that the department has reason to believe is in violation of this chapter.
NR 300.24(1)(c)
(c) Gain access to and inspect any records that a holder of a wetland or waterway individual permit or a person acting under the authority of a wetland general permit is required by the department to keep.
NR 300.24(2)
(2) The department shall provide reasonable advance notice to the property owner before entering and inspecting property as authorized under sub.
(1).
NR 300.24(3)
(3) If the owner of the property refuses to give consent for the entry and inspection, the department may do any of the following:
NR 300.24(3)(b)
(b) Deny an application for a waterway or wetland individual permit or deny authorization to proceed under a waterway or wetland general permit.
NR 300.24 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
