281.36(3g)(fg)
(fg)
Date of notice. For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet website shall be considered the date of public notice.
281.36(3g)(fm)
(fm)
Written comments. The department shall provide a period of not less than 30 days after the date of the public notice during which time interested persons may submit their written comments on the department's intention to issue, renew, modify, or revoke a wetland general permit under this subsection. All written comments submitted during the period for comment shall be retained by the department and considered by the department in acting on the general permit.
281.36(3g)(fr)
(fr)
Description in notice. Every public notice provided by the department under par.
(f) shall include a description of the discharges to be authorized under the wetland general permit.
281.36(3g)(g)1.1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public informational hearing with respect to the department's intention to issue, renew, modify, or revoke a wetland general permit under this subsection. The request for the hearing shall be filed with the department within 30 days after the provision of the public notice under par.
(f) and shall indicate the interest of the party filing the request and the reasons why the hearing is warranted.
281.36(3g)(g)2.
2. The department shall hold a public informational hearing upon a request under subd.
1. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this subsection are not contested cases under s.
227.01 (3).
281.36(3g)(g)3.
3. Public notice of any hearing held under this subsection shall be circulated in accordance with the requirements under par.
(f). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the wetland general permit, and information indicating where additional information about the general permit may be viewed on the department's Internet website. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the general permit.
281.36(3g)(h)
(h)
Authorizations for discharges under wetland general permits. 281.36(3g)(h)1.1. A person wishing to proceed with a discharge that may be authorized under a wetland general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the discharge authorized by the general permit unless subd.
4. applies. The application shall provide information describing the discharge in order to allow the department to determine whether the discharge is authorized by the wetland general permit and shall give the department consent to enter and inspect the site, subject to sub.
(9). The application shall identify all activities affecting wetlands that will be conducted as part of the single and complete project. The application shall include a detailed explanation of why the impact to the wetland cannot be avoided and how the impact to the wetland will be minimized to the greatest extent practicable. The application shall be accompanied by the fee specified in sub.
(12) (a). If the application is for authorization to proceed under a wetland general permit that is issued under sub.
(3g) (a) 4.,
5., or
6., the application shall be accompanied by a surcharge fee, as calculated under sub.
(11). The department may make a request for additional information one time during this 30-day period.
281.36(3g)(h)2.
2. If, within 30 days after an application under subd.
1. is received by the department, the department does not either request additional information or inform the applicant that a wetland individual permit will be required as provided in par.
(i), the discharge shall be considered to be authorized under the wetland general permit and the applicant may proceed without further notice, hearing, permit, or approval if the discharge is carried out in compliance with all of the conditions of the general permit, except as provided in s.
295.60 (3) (b).
281.36(3g)(h)2m.
2m. If adverse weather conditions prevent the department from conducting an accurate on-site inspection during this 30-day period specified in subd.
1., the department shall give notice to the person wishing to proceed with the discharge that adverse weather conditions will prevent the department from complying with the 30-day deadline and shall complete the inspection as soon as weather conditions permit.
281.36(3g)(h)3.
3. If the department requests additional information under subd.
1., the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives all of the additional information.
281.36(3g)(h)4.
4. As part of a wetland general permit issued under par.
(b) or
(c), the department may waive the requirement that a person wishing to proceed under the general permit apply to the department as required under this paragraph so that the person may proceed with the discharge without specific authorization from the department.
281.36(3g)(h)5.
5. Authorization to proceed under a wetland general permit is valid for 5 years after the date on which the discharge is considered to be authorized or until the discharge is completed, whichever occurs first.
281.36(3g)(i)
(i)
Wetland individual permit in lieu of wetland general permit. For a proposed discharge for which an application has been received by the department under par.
(h), the department may decide to require that a person who submitted the application apply for a wetland individual permit if the department has inspected the site as provided in par.
(h) and has determined that conditions specific to the site require additional restrictions on the discharge in order to provide reasonable assurance that no significant adverse impacts to wetland functional values will occur.
281.36(3m)(a)(a)
When permit required. Any person wishing to proceed with a discharge into any wetland shall submit an application for a wetland individual permit under this subsection unless the discharge has been authorized under a wetland general permit as provided in sub.
(3g) or is exempt under sub.
(4),
(4m) (a),
(4n), or
(4r). Before submitting the application, the department shall hold a meeting with the applicant to discuss the details of the proposed discharge and the requirements for submitting the application and for delineating the wetland. An applicant may include in the application a request for a public informational hearing. The application shall be accompanied by the applicable fee specified in sub.
(11) or
(12) (a).
281.36(3m)(b)
(b)
Analysis of practicable alternatives. An applicant shall include in an application submitted under par.
(a) an analysis of the practicable alternatives that will avoid and minimize the adverse impacts of the discharge on wetland functional values and that will not result in any other significant adverse environmental consequences, subject to the limitations in sub.
(3n) (a).
281.36(3m)(c)
(c)
Review; no additional information required. In issuing wetland individual permits under this section, the department shall review an application, and within 30 days after the application is submitted, the department shall determine that either the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall notify the applicant in writing of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure for purposes of par.
(g) 1. 281.36(3m)(d)
(d)
Additional information requested. If the department determines that the application is incomplete, the department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par.
(c). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure for purposes of par.
(g) 1. The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.
281.36(3m)(e)
(e)
Specificity of notice; limits on information. Any notice stating that an application has been determined to be incomplete or any other request for information that is sent under par.
(d) shall state the reason for the determination or request and the specific items of information that are still needed.
281.36(3m)(f)
(f)
Failure to meet time limits. If the department fails to meet the 30-day time limit under par.
(c) or 10-day time limit under par.
(d), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period for purposes of par.
(g) 1. 281.36(3m)(g)1.1. Within 15 days after the date of closure, as determined under par.
(c) or
(d), the department shall provide notice of pending application to interested members of the public. If the applicant has requested a public informational hearing as part of the submitted application, a notice of the public hearing shall be part of the notice of pending application.
281.36(3m)(g)2.
2. If the notice of pending application does not contain a notice of public informational hearing, any person may request a public informational hearing in writing or the department may decide to hold a public informational hearing with or without a request being submitted if the department determines that there is a significant public interest in holding a hearing.
281.36(3m)(h)
(h)
Request for hearing. A request for a public informational hearing under par.
(g) 2. must be submitted to the department or the department's decision to hold a public informational hearing must occur within 20 days after the department provides the notice of pending application. The department shall provide notice of public informational hearing within 15 days after the request for the public hearing is submitted or the department makes its decision to hold a public informational hearing.
281.36(3m)(i)
(i)
Decision. Within 20 days after the period for public comment under par.
(j) has ended or if no public informational hearing is held, within 30 days after the 30-day comment period under par.
(j) has ended, the department shall render a decision issuing or denying the wetland individual permit that is the subject of the application submitted under par.
(a). If the decision issued by the department under this paragraph is a denial, the department shall include in the decision the specific grounds and reasons as to how the applicable provisions of this section were not met. If the denial is based on an incomplete application, the department shall inform the applicant of the areas of the application that were incomplete.
281.36(3m)(j)1.1. The department shall provide a period for public comment after the department has provided a notice of pending application under par.
(g) during which time any person may submit written comments with respect to the application for a wetland individual permit. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in rendering a decision on the application. The period for public comment shall end on the 30th day following the date on which the department provides the notice of pending application except as provided in subd.
2. 281.36(3m)(j)2.
2. If a public informational hearing is held, the period for public comment shall end on the 10th day following the date on which the hearing is completed.
281.36(3n)(a)(a)
Review limits. For the purpose of issuing a wetland individual permit, during the period between the date on which the application under sub.
(3m) (a) is submitted and the date on which a decision under sub.
(3m) (i) is rendered, the department shall conduct its review under this subsection. The department shall review the analysis of practicable alternatives presented in the application under sub.
(3m) (b). The department shall limit its review of practicable alternatives as follows:
281.36(3n)(a)1.
1. The department shall limit its review to those practicable alternatives that are located at the site of the discharge and that are located adjacent to that site if the applicant has demonstrated any of the following:
281.36(3n)(a)1.a.
a. That the proposed project causing the discharge will result in a demonstrable economic public benefit.
281.36(3n)(a)1.b.
b. That the proposed project is necessary for the expansion of an existing industrial, commercial, agricultural, or aquacultural facility that is in existence at the time the application is submitted.
281.36(3n)(a)1.c.
c. That the proposed project will occur in an industrial park that is in existence at the time the application is submitted.
281.36(3n)(a)2.
2. Except as provided in par.
(am), the department shall limit its review to those practicable alternatives that are located on the property owned by the applicant for a project involving fewer than 2 acres of wetland if the project is limited to one of the following:
281.36(3n)(a)2.a.
a. The construction or expansion of a single-family home and attendant features.
281.36(3n)(a)3.
3. The department shall limit its review to those practicable alternatives that are consistent with the overall purpose and scope of the project. The department shall impose a level of scrutiny and require an applicant to provide an amount of information that is commensurate with the severity of the environmental impact of the project, as determined by the department.
281.36(3n)(am)
(am)
Exception to review limit. A lot created as part of a subdivision, land division, or other development that is initiated after July 1, 2012, is not eligible for the limited review under par.
(a) 2. 281.36(3n)(b)
(b)
Factors used in review. In its review under par.
(a), the department shall consider all of the following factors when it assesses the impacts to wetland functional values:
281.36(3n)(b)1.
1. The direct impacts of the proposed project to wetland functional values.
281.36(3n)(b)2.
2. The cumulative impacts attributable to the proposed project that may occur to wetland functional values based on past impacts or reasonably anticipated impacts caused by similar projects in the area affected by the project.
281.36(3n)(b)3.
3. Potential secondary impacts of the proposed project to wetland functional values.
281.36(3n)(b)4.
4. The impact on functional values resulting from the mitigation that is required under sub.
(3r).
281.36(3n)(b)5.
5. The net positive or negative environmental impact of the proposed project.
281.36(3n)(c)
(c)
Standards for issuing permits. The department shall make a finding that a proposed project causing a discharge is in compliance with water quality standards and that a wetland individual permit may be issued if the department determines that all of the following apply:
281.36(3n)(c)1.
1. The proposed project represents the least environmentally damaging practicable alternative taking into consideration practicable alternatives that avoid wetland impacts.
281.36(3n)(c)2.
2. All practicable measures to minimize the adverse impacts to wetland functional values will be taken.
281.36(3n)(c)3.
3. The proposed project will not result in significant adverse impact to wetland functional values, in significant adverse impact to water quality, or in other significant adverse environmental consequences.
281.36(3n)(d)1.1. Except as provided in subd.
2., the department shall require mitigation under the program established under sub.
(3r) for wetland individual permits it issues under this subsection and for a discharge that is exempt from permitting requirements under sub.
(4n) (b) that affects more than 10,000 square feet of wetland or under sub.
(4n) (c) that affects more than 1.5 acres of wetland. This subsection does not entitle an applicant to a wetland individual permit or any other approval in exchange for conducting mitigation.
281.36(3n)(d)2.
2. If the department issues a wetland individual permit under sub.
(3m) to a public utility, as defined in s.
196.01 (5), or a cooperative association organized under ch.
185 for the purpose of producing or furnishing heat, light, water, or power to its members only, the department may not require mitigation under the program established under sub.
(3r) unless the discharge authorized by the wetland individual permit will result in a permanent fill of more than 10,000 square feet of wetland.
281.36(3p)
(3p)
Notice requirements; wetland individual permits. 281.36(3p)(a)(a) The department shall establish procedures for providing notices of pending applications and notices of public informational hearings to be provided under sub.
(3m) and notices of administrative hearings under sub.
(3q). The procedures shall require all of the following:
281.36(3p)(a)2.
2. That the notice be provided to any person or group upon request of the person or group.
281.36(3p)(a)3.
3. That the notice be published on the department's Internet website.
281.36(3p)(b)
(b) The department shall prescribe the form and content of notices of pending applications and notices of public informational hearings to be provided under sub.
(3m) and notices of administrative hearings under sub.
(3q). Each notice shall include all of the following information:
281.36(3p)(b)2.
2. A brief description of the discharge that requires the permit and the project that includes the discharge.
281.36(3p)(b)3.
3. For a notice of a public informational hearing, the time, date, and location of the hearing.
281.36(3p)(b)4.
4. For a notice of pending application and a notice of a public informational hearing, a brief, precise, easily understandable, plain-language description of the discharge and information indicating where the pending application may be viewed on the department's Internet website.
281.36(3p)(b)5.
5. For a notice of complete application and a notice of a public informational hearing, a statement of the tentative determination of the department on the permit.
281.36(3p)(b)6.
6. For a notice of complete application and a notice of public informational hearing, a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub.
(3m) (j).
281.36(3p)(c)
(c) For the purpose of determining the date on which notice is provided under this subsection, the date of the notice shall be the date on which the department first publishes the notice on its Internet website.
281.36(3p)(d)1m.1m. The department may delegate the department's requirement to provide notice under sub.
(3m) in the manner specified in par.
(a) 1. and
2. by doing any of the following:
281.36(3p)(d)1m.a.
a. Requiring that the applicant for the permit provide by publication, mailing, or other distribution one or more of the notices.
281.36(3p)(d)1m.b.
b. Requiring that the applicant for the permit pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.
281.36(3p)(d)2m.
2m. If, under subd.
1m., the department delegates to an applicant the requirement to provide notice under sub.
(3m) by publishing a class 1 notice under ch.
985, the applicant may in lieu of publishing the class 1 notice request that the department publish the class 1 notice. The department shall charge the applicant a fee for publishing the class 1 notice in an amount that equals the average cost to the department for publishing under this chapter class 1 notices under ch.
985.
281.36(3q)
(3q)
Administrative and judicial review. 281.36(3q)(a)
(a)
Definition. In this subsection, “applicant" means any person applying for a wetland individual permit under this section or any person who has been issued such a permit under this section.
281.36(3q)(b)
(b)
Request for administrative review. Any interested person may file a petition with the department for administrative review within 30 days after any of the following decisions given by the department:
281.36(3q)(b)1.
1. The issuance, denial, or modification of any wetland individual permit issued under this section.
281.36(3q)(b)2.
2. The imposition of, or failure to impose, a condition on any wetland individual permit issued under this section.
281.36(3q)(c)
(c)
Content of the petition. If the petitioner is not the applicant, the petition shall describe the petitioner's objection to the wetland individual permit and shall contain all of the following:
281.36(3q)(c)1.
1. A description of the objection that is sufficiently specific to allow the department to determine which provisions of this section may be violated if the proposed discharge under the wetland individual permit is allowed to proceed.
281.36(3q)(c)2.
2. A description of the facts supporting the petition that is sufficiently specific to determine how the petitioner believes the discharge, as proposed, may result in a violation of the provisions of this section.
281.36(3q)(c)3.
3. A commitment by the petitioner to appear at the administrative hearing and present information supporting the petitioner's objection.
281.36(3q)(d)1.1. The discharge shall be stayed pending an administrative hearing under this subsection if the petition contains a request for the stay showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment.
281.36(3q)(d)2.
2. If a stay is requested under subd.
1., the stay shall be in effect until either the department denies the request for an administrative hearing or the hearing examiner determines that the stay is not necessary.
281.36(3q)(e)
(e)
Filings. The petitioner shall file a copy of the petition with the department. If the petitioner is not the applicant, the petitioner shall simultaneously provide a copy of the petition to the applicant. The applicant may file a response to the petition with the department. If the applicant files a response under this paragraph, it shall be filed within 15 days after the petition is filed.
281.36(3q)(f)1m.1m. The department shall grant or deny the petition within 30 days after the petition is filed. The failure of the department to dispose of the petition within this 30-day period is a denial. The department shall deny the petition if any of the following applies:
281.36(3q)(f)1m.a.
a. The petitioner is not the applicant, and the petition does not comply with the requirements of par.
(c).
