Section 300.05. Exceptions to time limits.

  When any of the following conditions are met, the time limits in s. NR 300.04 are not applicable:

(1)  When a contested case hearing is required or when a hearing is scheduled on the department's own motion under s. 30.03 , Stats.

(2)  When the department has determined, due to an impending enforcement action, that it will not process after-the-fact permits or approval applications in accordance with s. NR 301.04 (1) .

(3)  The time limits specified in s. NR 300.04 do not include the number of working days between any of the following:

(a) The date a decision is made by the department to prepare an EIS and the date a final determination is made that the department has complied with s. 1.11 , Stats.

(b) The date a request is made to an applicant for additional information necessary for the department to issue a decision under the applicable statute and the date that information is received by the department.

(c) The date a class 1 legal notice is mailed by the department and the date the department receives satisfactory proof of publication of that notice from the applicant.

(d) November 1 of any calendar year and April 1 of the succeeding calendar year for applications received after October 1 if a field investigation is required before the department has adequate information to make a decision.

(e) If an exemption determination request is not made according to the procedures in s. NR 310.05 or the exemption determination request does not give consent to inspect, the 15 calendar day time limit does not apply.

(5)  If the department's action on a requested permit, approval or determination is delayed or prevented by an order or decision of a court of law, the time limit specified in s. NR 300.04 shall be adjusted to conform to the court's decision or order.

(6)  If the department's action on a requested permit, approval or determination is delayed or prevented by the action or failure to act of an agency or private party other than the department or the applicant, the time limit specified in s. NR 300.04 shall be adjusted accordingly.

History: Cr. Register, October, 1998, No. 514 , eff. 11-1-98; CR 02-015 : am. (3) (intro.) and (4) to (6) Register January 2003 No. 565 , eff. 2-1-03; emerg. cr. (3) (e), eff. 4-19-04; CR 04-065 : am. (1), cr. (3) (e) Register April 2005 No. 592 , eff. 5-1-05; CR 13-022 : r. (4) Register March 2014 No. 699 , eff. 4-1-14.