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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)(4)Completeness review and timelines.
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)5.a.a. Notice of closure letter.
NR 300.07(4)(a)5.b.b. Notice of pending application letter.
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)(5)Interested parties. All of the following are interested and potentially interested members of the public under ss. 30.208 (3) and 281.36 (3m) (g) 1., Stats.:
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 300.08Notices and public comment.
NR 300.08(1)(1)Notice of pending application.
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(1)(d)(d) The notice shall comply with the requirements of ch. 985, Stats.
NR 300.08(2)(2)Public comment period.
NR 300.08(2)(a)(a) The public comment period shall comply with the applicable statutory timelines in ss. 30.208 and 281.36 (3m), Stats.
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)(3)Public information hearings.
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)(b)(b) The notice of public hearing shall contain all the information required under ss. 30.208 (5) (b) and 281.36 (3p), Stats., as applicable.
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)(d)(d) The notice under par. (c) shall comply with the requirements under s. 985.12, Stats.
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(3)(f)3.3. All hearing materials are readily available electronically.
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 300.09Individual permit decision.
NR 300.09(1)(1)Decision date.
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(1)(b)(b) Timelines listed in s. 281.36 (3m) (i), Stats., may be modified for individual permits if compensatory mitigation requirements under s. 281.36 (3r) (a), Stats., and ch. NR 350 have not been satisfied.
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)(a)(a) Plans and information provided by an applicant.
NR 300.09(2)(b)(b) Information gathered during site investigations.
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(2)(f)(f) Scientific research.
NR 300.09(2)(g)(g) Section 1.11, Stats., and chs. NR 150 and 299.
NR 300.09(2)(h)(h) Any other pertinent information.
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)(a)(a) The applicant.
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.
NR 300.09(5)(a)(a) The petition shall comply with applicable requirements of ch. NR 2.
NR 300.09(5)(b)(b) The process and timelines pursuant to ss. 30.209 (1m) and 281.36 (3q), Stats., shall be followed.
NR 300.09(5)(c)(c) Chapter HA 1 shall apply to any administrative review procedures not addressed by s. 30.209, 227.42, or 281.36 (3q) Stats., or this section.
NR 300.09 HistoryHistory: 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 300.10NR 300.10Dam 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 HistoryHistory: CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23.
NR 300.11NR 300.11Waterway 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)(3)Waterway individual permit fees.
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(3)(b)(b) The application fee for a regulatory decision under s. 30.11, Stats., is $900.
NR 300.11(3)(c)(c) The application fee for a waterway individual permit under ss. 30.1335, 30.18, 30.195, 30.20, and 30.206, Stats., is $900.
NR 300.11(4)(4)Notifications. The fee for a class 1 notice in s. NR 300.08 (1) (c) or (3) (c) published by the department is $150.
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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.