Section 320.21. Appeals of orders, determinations, and for extension of time.

 

(1)   Appeals of orders and determinations by a municipality exercising jurisdiction. Appeals of order or determination of a municipality exercising jurisdiction under this code, including denials of application for permits, shall be made in accordance with the procedure set out in ch. 68 , Stats. , prior to making an appeal to the department, except as follows:

(a) Appeals of final determinations by a municipality exercising jurisdiction. Appeals of final determination by municipalities shall be made to the department after the procedures prescribed in ch. 68 , Stats. , have been exhausted. All appeals to the department shall be in writing stating the reason for the appeal. All appeals shall be filed with the department within 10 business days of the date the final determination is rendered under ch. 68 , Stats. The department shall render a written decision on all appeals within 60 business days of receipt of all calculations and documents necessary to complete the review.

(2)   Appeals of orders and determinations by the department. Appeals of an order of the department made pursuant to the provisions of this code, including denials of application for permits, shall be in accordance with the procedure set out in s. 101.02 (6) (e) to (i) and (8) , Stats. The department shall review and make a determination on an appeal of an order or determination within 60 business days of receipt of all calculations and documents necessary to complete the review.

(3)   Extensions of time.

(a) The time for correction of cited orders as set out in s. SPS 320.10 shall automatically be extended in the event that an appeal of said orders is filed. The extension of time shall extend to the termination of the appeal procedure and for such additional time as the department or municipality administering and enforcing this code may allow.

(b) The department or municipality administering and enforcing this code may grant additional reasonable time in which to comply with a violation order.

(4)   Appeals of soil erosion control orders by a municipality for cessation of work.

(a) Appeals of orders for cessation of work issued under s. SPS 320.10 (4) may be made to the authority issuing the cessation of work order. The authority shall make a determination on such appeal within 3 business days. Determination of appeals by a municipality may be conducted in consultation with the department.

(b) Appeals of a final determination by a municipality on cessation of work orders may be made to the department. The department shall issue a final determination on the appeal within 3 business days after receipt of such appeal.

(c) If the issuing authority determines the site to be compliant with s. SPS 321.125 , orders shall be rescinded and work may commence.

History: Cr. Register, November, 1979, No. 287 , eff. 6-1-80; am. (1) (a) and (2), Register, February, 1985, No. 350 , eff. 3-1-85; cr. (4), Register, September, 1992, No. 441 , eff. 12-1-92; CR 08-043 : am. (1) (intro.) Register March 2009 No. 639 , eff. 4-1-09; correction in (4) (a) made under s. 13.92 (4) (b) 7. , Stats., Register March 2009 No. 639 ; correction in (3), (4) (a), (c) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Chapter 68 , Stats., provides that municipalities may adopt alternate administrative appeal procedures that provide the same due process rights as ch. 68 , Stats. Municipalities having adopted such alternate procedures may follow those alternate procedures. Microsoft Windows NT 6.1.7601 Service Pack 1