Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions
Subchapter I - Regulatory Decisions
Section NR 300.08 - Notices and public comment
Universal Citation: WI Admin Code ยง NR 300.08
Current through August 26, 2024
(1) NOTICE OF PENDING APPLICATION.
(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.
(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.
(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.
(d) The notice shall comply with the
requirements of ch. 985, Stats.
(2) PUBLIC COMMENT PERIOD.
(a) The public comment period shall comply
with the applicable statutory timelines in ss.
30.208 and
281.36(3m),
Stats.
Note: Pursuant to statute, the public comment period is never less than 30 days and will be extended if a hearing is requested.
(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.
(3) PUBLIC INFORMATION HEARINGS.
(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.
(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.
(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.
(d) The notice under
par. (c) shall comply with the requirements under s.
985.12, Stats.
(e) A public hearing held under par. (a)
shall comply with the protocols specified under ch. NR 2.
Note: Public informational hearings held pursuant to this subsection are not contested cases as defined under s. 227.01(3), Stats.
(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:
1. The applicant and any interested member of
the public that requested the public informational hearing agree to this
hearing format.
2. A telepresence
hearing will provide for efficient and effective means to gather public comment
and information.
3. All hearing
materials are readily available electronically.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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