Current through November 25, 2024
(1) ELIGIBILITY. To
be eligible for authorization under a general permit pursuant to s.
30.12,
30.123,
30.19,
30.20,
30.206,
30.2065, or
281.36, Stats., an activity
shall meet all applicable standards of the general permit and shall comply with
all applicable statutory standards and requirements in this subchapter.
Note: The rules specifying standards for
regulated activities for which general permits are available are the ch. NR 300
series of the Wisconsin administrative code.
(2) APPLICATION. A person who seeks to
proceed with an activity under a general permit in 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 requested 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.
Note: General permit application forms are
available on the department's website at http://dnr.wi.gov under the topic
"Water Permits."
(3)
APPLICATION REQUIREMENTS. A person filing an application under sub. (2) shall
submit the application to the department not less than 30 days before the
proposed commencement of the activity. The permit application must include the
following information:
(a) A narrative that
describes the proposed activity.
(b) The site location.
(c) The project scope and design.
(d) Site photos.
(e) A statement of consent to allow the
department to inspect the site.
(f)
All other information specified in the general permit and accompanying
application form.
Note: Other permits may also be required. An
applicant is responsible for requesting and obtaining all necessary federal,
state, and local permits or approvals for their
activity.
(4)
ELIGIBILITY DETERMINATION. Except as provided under sub. (6), the department
shall determine whether the activity qualifies for a general permit, subject to
all of the following:
(a) The department
shall use the complete application under sub. (3) to make this
determination.
(b) The department
may use information and data gathered by the department in a prior inspection
of the activity site or waterbody adjacent to the activity site to make this
determination.
(c) The department
may investigate or visit a site to determine whether an activity meets the
standards for a general permit.
(d)
Except as provided under pars. (e) and (f), the department shall determine if
an applicant is eligible for a general permit within 30 days from the date of
receipt of the application.
(e) The
department may request additional information or a site visit if the department
determines that the application is inaccurate or insufficient to make an
eligibility determination, subject to all of the following:
1. The review timeline will be on hold until
the request for additional information is satisfied. The review timeline will
resume once the request for additional information is satisfied.
2. The department shall provide the applicant
with written notification of the request for more information. This request may
be provided electronically.
3. The
department may dismiss the request if the project proponent fails to provide
the additional information to the department within 30 days of receiving the
request for more information, or an alternative reasonable period of time
agreed to by the applicant and department.
(f) If the department determines that a site
visit is necessary as part of the request for additional information pursuant
to par. (e) to make an eligibility determination under this subsection, the
site visit shall occur within 30 days unless site conditions are not feasible
due to adverse weather conditions, property access issues or other similar
issues. The application will remain on hold until the site visit can be
completed, subject to all of the following:
1. The department shall notify the applicant
in writing of the need for the site visit. This notice may be provided
electronically. The department shall include an anticipated timeline in this
notice based on the earliest time period conditions are anticipated to be
conducive to complete the site visit.
2. The department may not put a project on
hold for adverse weather more than once.
Note: Adverse weather may include frozen
ground, extreme drought or flood conditions.
(g) The department shall notify the applicant
of the eligibility determination based on the information available under pars.
(a) to (f) and the general permit conditions. The date of the final decision is
the date that written notification is sent to the applicant. Written
notification may be provided electronically.
(h) If the department does not take action
under par. (d), the applicant may proceed with the activity if the activity
complies with the conditions of the general permit, and the department may not
require the applicant at any time to apply for an individual permit or apply to
enter a contract unless required to do so by a court or hearing
examiner.
(i) If the department
determines that an activity is not eligible for a general permit, the
department shall notify the applicant in writing that the applicant may revise
the project so that the activity is eligible for a general permit or apply for
an individual permit. In its notification, the department shall state why the
project is ineligible for a general permit. If the applicant is not the
landowner, the landowner shall also receive a copy of this decision. This
notification may be provided to the applicant and landowner
electronically.
(5)
WETLAND SELF-REPORTING GENERAL PERMIT DETERMINATIONS.
(a) The department may waive the review
process specified in sub. (4) for activities that are authorized under s.
281.36(3g), (b), or (c), Stats., and meet all of the following
requirements:
1. The activity will clearly
meet the eligibility standards for the statewide general permit.
2. The activity will comply with applicable
stormwater management requirements.
3. The activity will not impede the flow or
circulation of water in adjacent or surrounding wetland complexes.
4. The activity poses a limited environmental
risk, which shall include all of the following:
a. The activity will not cause significant
permanent secondary impacts to surrounding wetlands.
b. The activity will not adversely impact
fish spawning or fish spawning habitat.
5. The activity will be completed consistent
with applicable floodplain and shoreland zoning requirements.
6. A statement is provided in the application
in sub. (3) from the project proponent certifying that the proposed project is
compliant with all applicable eligibility standards in the proposed general
permit.
(b) The
department shall notify the project proponent that a project has been
self-reported under this subsection in writing and provide a copy of the
general permit conditions. The notification shall be provided to the applicant
no later than 30 days after the date a complete application is submitted to the
department. The notice may be provided electronically to the project
proponent.
(c) The project
proponent shall comply with all applicable general permit conditions in
accordance with the signed certification in par. (a) 6. and the general permit
coverage requirements.
(d) The
department may require at any time that the person proposing to engage in the
activity apply for an individual permit if the project proponent fails to
maintain eligibility for the general permit.
(e) If the department does not take action
under par. (b), the project proponent may proceed with the activity if the
activity complies with the specific general permit
standards.
(6) GENERAL
PERMIT COVERAGE.
(a) A general permit does
not authorize any work other than what is specifically described in the
application and plans, and as limited by the conditions of the permit. A
permittee shall obtain prior written approval of modifications from the
department before modifying a project. In addition, the permittee shall comply
with all other permit terms and conditions during construction and
implementation of the project.
(b)
The permittee shall post a copy of this permit at a conspicuous location on the
project site visible from the waterway beginning at least 5 days prior to
construction and remaining at least 5 days after construction. The permittee
shall also have a copy of the permit and approved plan available at the project
site at all times until the project is complete.
(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.
(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.
(e) The
permittee shall maintain the project in good condition and in compliance with
the terms and conditions of the permit and this chapter.
