Section 310.14. Individual permit applications.

 

(1)   General provisions.

(a ) Any person may apply for an individual permit from the department under subch. II of ch. 30 , Stats.

(b) A person who seeks an individual permit from the department under this section shall submit an application on a form provided by the department and shall provide all the information requested on the form and accompanying instructions.

(c) An individual permit application is received by or submitted to the department on the date the application or additional information is received at the department office specified on the permit application form or accompanying instructions.

(d) Any additional information filed by an applicant to complete an individual permit application is received by or submitted to the department on the date the additional information is received at the department office where the additional information was requested to be submitted.

(e) The department has provided notice under this subchapter when it mails an applicant the initial determination of completeness, notice of complete application or notice of public hearing.

(f) The department has completed providing a notice of complete application pursuant to s. 30.208 (3) (c) and (4) (a) , Stats., on the later of the date that the applicant publishes notice or mails notice to all parties under sub. (2) .

(2)   Interested and potentially interested members of the public.

(a) The following are determined to be interested and potentially interested members of the public under s. 30.208 (3) , Stats.:

1. The adjacent riparian on each side of the property on which the activity is located.

2. The designated contact for any local lake or river organization for the waterway where the project is located.

3. The clerks of the county and the town, village or city in which the activity is located.

4. Any person who submits to the department a written 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.

5. Any additional interested members of the public identified by the department for a specific individual permit application.

(b) The department shall provide to the applicant with the notice of complete application a list of the names and addresses of the persons it has identified under par. (a) 4. and 5.

(3)   Completeness determinations.

(a) Determining completeness under this subchapter means that the department determines if an applicant has submitted all items required in s. NR 310.14 (1) (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.

(b) The department may dismiss an individual permit application without prejudice 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.

(c) The department may dismiss an individual permit application if the proof of publication required in s. NR 310.15 (1) (f) is not received within 45 days after the department notifies an applicant that its application is complete.

(4)   Initial determination of completeness (application date + 30 days or less).

(a) Within 30 days after an individual permit application is submitted, the department shall initially determine whether the application is complete and notify the applicant as follows:

1. If the application is complete, the department shall notify the applicant in writing that the application is complete.

2. If the application is incomplete, the department shall notify the applicant in writing that the application is incomplete, identify all specific items of information needed to complete the application, and advise the applicant that the department may dismiss the application if the information needed to complete the application is not received within 45 days after the department provides notice that the application is incomplete.

(b) 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 .

CR 04-065 : cr. Register April 2005 No. 592 , eff. 5-1-05; CR 13-022 : am. (4) (b) Register March 2014 No. 699 , eff. 4-1-14.

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 "Waterway and Wetland Permits." Microsoft Windows NT 6.1.7601 Service Pack 1 Federal permits may also be required. Applications for individual permits are joint applications for both state and federal permits. The applicant shall mail a duplicate copy of the completed individual permit application forms to the St. Paul district, U.S. army corps of engineers to seek federal authorization. Applicants are responsible for obtaining all necessary federal permits or approvals for their activity. Microsoft Windows NT 6.1.7601 Service Pack 1 Local land use or building permits may also be required. Applicants are responsible for obtaining all necessary local permits or approvals for their activity. Microsoft Windows NT 6.1.7601 Service Pack 1 Directories of contact names and addresses are available at websites maintained by the Wisconsin Lakes Partnership and the River Alliance of Wisconsin. Microsoft Windows NT 6.1.7601 Service Pack 1