Current through November 25, 2024
(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:
(a)
For activities that impact navigable waters of the state below the ordinary
high water mark, ch. 30, Stats., shall apply.
Note: Examples of activities that impact
navigable waters include dredging, placement of fill materials or structures,
enlargements, and diverting water.
(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.
Note: 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.
(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.
Note: 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."
(3) APPLICATION REQUIREMENTS. The individual
permit application shall include all of the following information:
(a) A narrative that describes the proposed
activity.
(b) The site
location.
(c) The project scope and
design.
(d) A statement of consent
to allow the department to inspect the site.
(e) The preferred option to satisfy
applicable mitigation requirements.
(f) All other information specified in the
individual permit application form.
Note: Federal permits may also be required. An
applicant is responsible for obtaining all necessary federal permits or
approvals for their activity.
Note: 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.
(4)
COMPLETENESS REVIEW AND TIMELINES.
(a) The
department shall review an individual permit application to determine if the
application is technically complete, subject to all of the following:
1. The department shall determine if the
application is complete within 30 days of receipt.
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.
3. The application
review timeline in subd. 1. will be on hold until the applicant submits the
necessary information described in sub. (3).
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.
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:
a. Notice of closure letter.
b. Notice of pending application
letter.
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.
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.
(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.
(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.:
(a) The adjacent riparian on each side of the
property on which the project is located.
(b) The designated contact for any local lake
or river organization for the waterway where the project is located.
Note: Directories of contact names and
addresses are available at websites maintained by the Wisconsin Lakes
Partnership and the River Alliance of Wisconsin.
(c) The clerks of the county and the town,
village, or city in which the activity is located.
(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.
(e)
Any additional interested members of the public identified by the department
for a specific individual permit application.
(f) Any other person or group who requests a
copy of the application no later than 10 days before the scheduled hearing
date.
(g) Other agencies or units
of government as specified by an interagency
agreement.
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.
