Section NR 300.08 - Notices and public comment(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.Wis. Admin. Code Department of Natural Resources § NR 300.08
Adopted by, 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, eff. 7/1/2023