Section NR 300.07 - Waterway and wetland individual permits(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.(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.Wis. Admin. Code Department of Natural Resources NR 300.07
Adopted by, 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, eff. 7/1/2023Other 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.