Section NR 300.09 - Individual permit decision(1) DECISION DATE. (a) The department shall render a decision to approve, deny, or modify an individual permit within the applicable statutory timelines.(b) Timelines listed in s. 281.36(3m) (i), Stats., may be modified for individual permits if compensatory mitigation requirements under s. 281.36(3r) (a), Stats., and ch. NR 350 have not been satisfied. Note: The decision timeline is 30 days unless a hearing is requested.
(2) STANDARDS AND INFORMATION. The department shall consider all of the following information in deciding whether to approve, modify, or deny an individual permit application: (a) Plans and information provided by an applicant.(b) Information gathered during site investigations.(c) Written or oral information provided during a public comment period or public hearing.(d) Statements or information provided by local, state, and federal government agencies.(e) Data or information found in natural resource inventories and plans, or maps collected by the department or others using commonly accepted methods.(g) Section 1.11, Stats., and chs. NR 150 and 299.(h) Any other pertinent information.(3) NOTICE OF DECISION. The department shall notify all of the following, in writing or through electronic notification, of its decision on an individual permit application:(b) Other agencies as specified by an interagency agreement. Note: Other agencies 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 the decision.
(c) Any person who asks the department in writing for a copy of the final decision.(4) EFFECTIVE DATE. Except as provided under sub. (5), the individual permit shall take effect upon notification of the decision to all parties listed under sub. (3).(5) PETITION FOR ADMINISTRATIVE REVIEW AND REQUEST FOR STAY. A petition for administrative review of the individual permit decision may contain a request for a stay under s. 30.209(1m) or 281.36(3q) (d), Stats., as applicable. A petition for administrative review shall be filed with the department within 30 days of the department's decision to approve, deny, or modify an individual permit or contract. (a) The petition shall comply with applicable requirements of ch. NR 2.(b) The process and timelines pursuant to ss. 30.209(1m) and 281.36(3q), Stats., shall be followed.(c) Chapter HA 1 shall apply to any administrative review procedures not addressed by s. 30.209, 227.42, or 281.36(3q) Stats., or this section.Wis. Admin. Code Department of Natural Resources § NR 300.09
Adopted by, CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (1) (b), (2) (g), (5) (intro.), (c) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023