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.
