Section 301.04. Relationship of enforcement and permit proceedings.

 

(1)  The department shall not process after-the-fact permit or approval applications prior to completing enforcement actions if:

(a) The project is causing or is likely to cause environmental damage; or

(b) Department staff have an objection to the issuance of the permit or approval based on the relevant statutory standards for issuance of the permit or approval; or

(c) The prosecuting attorney in the enforcement action has not given consent to the processing of the application prior to the completion of the enforcement action.

(2)  If an after-the-fact permit is processed prior to the completion of the enforcement action, the department may continue the processing of the enforcement action, regardless of whether the after-the-fact permit is ultimately granted.

(3)  This section shall not preclude the department from scheduling a permit application for public hearing on the same day as a s. 30.03 (4) (a) , Stats., abatement hearing.

History: Cr. Register, April, 1977, No. 256 , eff. 5-1-77.