NR 300.06(6)(c)(c) Upon reasonable notice, the permittee shall allow access to the project site during reasonable hours to any department employee who is investigating the project’s construction, operation, maintenance, or permit compliance. NR 300.06(6)(d)(d) The permittee shall complete the project within the timeframe specified in the permit decision. If the project is not completed by the date in the permit decision, the permittee may request the department to re-evaluate the project to determine if the project fails to comply with the eligibility standards of a valid general permit. The request shall be provided to the department in writing and shall identify the proposed modified timeline, any changes from the originally permitted design, and the reason the project did not meet the original timeline. The department may consider this information and offer general permit coverage if good cause is shown. The permittee may not begin or continue construction after the original permit expiration date unless the department grants a new permit or permit extension in writing. NR 300.06(6)(e)(e) The permittee shall maintain the project in good condition and in compliance with the terms and conditions of the permit and this chapter. NR 300.06 HistoryHistory: CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (1), (4) (f) (intro.), (5) (a) 4. (intro.), (6) (d) made under s. 35.17, Stats., Register June 2023. NR 300.07NR 300.07 Waterway and wetland individual permits. NR 300.07(1)(1) Applicability. To be eligible for authorization under an individual permit, an activity shall meet all standards for the individual permit in ch. 30, Stats., and s. 281.36, Stats., the rules in this chapter, the rules specifying the standards for the regulated activity, and all of the following, if applicable: NR 300.07(1)(a)(a) For activities that impact navigable waters of the state below the ordinary high water mark, ch. 30, Stats., shall apply. NR 300.07 NoteNote: Examples of activities that impact navigable waters include dredging, placement of fill materials or structures, enlargements, and diverting water.
NR 300.07(1)(b)(b) For discharges of dredged material or fill material into wetlands and above the ordinary high water mark of a navigable waterway, s. 281.36, Stats., shall apply. NR 300.07 NoteNote: The rules specifying standards for regulated activities for which waterway and wetland individual permits are available are the ch. NR 300 series and chs. NR 103 and 299, Wis. Adm. Code. NR 300.07(2)(2) Application. A person who seeks an individual permit from the department under sub. (1) shall submit an application through the department electronic permitting system or other submittal process specified by the department and shall provide all the information specified in sub. (3). The department shall maintain the application form for permitting requests and shall provide a copy of the form to any person upon request. This copy may be provided electronically. NR 300.07 NoteNote: Individual permit application forms are available at department service centers and on the department’s website at http://dnr.wi.gov under the topic “Water Permits.” NR 300.07(3)(3) Application requirements. The individual permit application shall include all of the following information: NR 300.07(3)(d)(d) A statement of consent to allow the department to inspect the site. NR 300.07(3)(e)(e) The preferred option to satisfy applicable mitigation requirements. NR 300.07(3)(f)(f) All other information specified in the individual permit application form. NR 300.07 NoteNote: Federal permits may also be required. An applicant is responsible for obtaining all necessary federal permits or approvals for their activity.
NR 300.07 NoteNote: Local land use or building permits or other approvals may also be required. An applicant is responsible for obtaining all necessary local permits or approvals for their activity.
NR 300.07(4)(a)(a) The department shall review an individual permit application to determine if the application is technically complete, subject to all of the following: NR 300.07(4)(a)1.1. The department shall determine if the application is complete within 30 days of receipt. NR 300.07(4)(a)2.2. If the application does not comply with the submittal requirements specified under sub. (3), the department shall notify the applicant in writing that the application is incomplete and shall describe the information that shall be submitted in order for the application to be complete. NR 300.07(4)(a)3.3. The application review timeline in subd. 1. will be on hold until the applicant submits the necessary information described in sub. (3). NR 300.07(4)(a)4.4. The department may make only one request for additional information during the 30-day period specified in subd. 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 30-day review timeline. NR 300.07(4)(a)5.5. The department shall notify the applicant in writing that the application is complete, which may be provided to the applicant electronically. This notice may include any of the following: NR 300.07(4)(a)6.6. The department may dismiss an individual permit application 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 or within an alternative timeline as agreed to by the applicant and department. The department shall notify the applicant of the parts of the application that are incomplete. This notification may be provided electronically. NR 300.07(4)(a)7.7. 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, and water quality certification under subch. II and ch. NR 299. NR 300.07(4)(b)(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 300.07(5)(a)(a) The adjacent riparian on each side of the property on which the project is located. NR 300.07(5)(b)(b) The designated contact for any local lake or river organization for the waterway where the project is located. NR 300.07 NoteNote: Directories of contact names and addresses are available at websites maintained by the Wisconsin Lakes Partnership and the River Alliance of Wisconsin.
NR 300.07(5)(c)(c) The clerks of the county and the town, village, or city in which the activity is located. NR 300.07(5)(d)(d) Any person who submits to the department a formal 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 300.07(5)(e)(e) Any additional interested members of the public identified by the department for a specific individual permit application. NR 300.07(5)(f)(f) Any other person or group who requests a copy of the application no later than 10 days before the scheduled hearing date. NR 300.07(5)(g)(g) Other agencies or units of government as specified by an interagency agreement. NR 300.07 NoteNote: Other agencies or units of government 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 a permit.
NR 300.07 HistoryHistory: CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (1) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810. NR 300.08NR 300.08 Notices and public comment. NR 300.08(1)(a)(a) Within 15 days after the date of closure under s. NR 300.07 (4) (a) 5., the department shall send the applicant a public notice of pending application if the department has not already done so as part of the notice of closure. NR 300.08(1)(b)(b) The department shall publish the notice under par. (a) on the department website. The date of the notice shall be the date on which the department first publishes the notice on its website. NR 300.08(1)(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. (a) unless the applicant has requested the department to publish the notice and notify interested and potentially interested members of the public. The applicant shall submit payment in accordance with s. 281.36 (3p) (d) 2m., Stats., with the request for the department to satisfy the publication and notification requirement. NR 300.08 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 300.09NR 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 NoteNote: 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 NoteNote: 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.
