Section 327.07. Barge fleeting permits.

 

(1)  A barge fleeting permit shall be required to authorize barge fleeting activities under and consistent with ss. 30.10 , 30.12 , 30.15 , 30.19 , 30.20 , 30.61 (5) , 30.68 (8) , 30.74 (2) and 281.31 , Stats.

(2)  Facilities in existence on December 1, 1982 shall be permitted if they substantially comply with the provisions of s. NR 327.06 . If the department refuses to permit such a facility, it shall notify the operator of such refusal and the reasons thereof. The department shall hold a hearing if the operator requests a hearing within 30 days of such refusal. If a request for hearing is made, the department must establish that the site or facility does not substantially comply with the provisions of s. NR 327.06 .

(3)  The issuance or renewal of a barge fleeting permit shall be conditioned on the operation of the fleeting area in compliance with statutory standards and this chapter.

(4)  The initial barge fleeting permit issued to an operator shall be valid for a period not less than 5 years nor greater than 10 years. If no proceeding for revocation or violation of the permit has been initiated during the term of the permit and there are no other changed or previously unknown circumstances, including environmental considerations, the permit shall, after notice and opportunity for hearing, be renewed for succeeding periods of up to 10 years.

(5)  Failure by an operator to substantially exercise the rights granted in a permit issued under this chapter within a period of 2 years from the issuance of the permit shall render the permit null and void unless extended by the department. Failure by an operator to substantially exercise the rights granted in a permit issued under this chapter for any period of 2 consecutive years shall create a rebuttable presumption that the operator intends to abandon and forfeit the permit and shall be cause for a review of the barge fleeting permit by the department.

(6)  A permit shall remain in force during the processing of an application for renewal, including any appeals process, provided that the application for renewal was made prior to the expiration of the permit.

(7)  The department retains jurisdiction to modify a permit as appropriate to protect public rights and interest in navigable waters after notice and opportunity for hearing.

History: Cr. Register, November, 1982, No. 323 , eff. 12-1-82; renum. (5) and (6) to be (6) and (7), cr. (5), Register, January, 1983, No. 325 , eff. 2-1-83.

Note

See s. 227.51 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1