Section NR 300.23 - Exceptions to time limits(1) When a contested case hearing is required because of objections to the granting of a permit or approval by the department, or when such a hearing is scheduled on the department's own motion, the department's decision shall be provided to the applicant within 45 business days after completion of the hearing or the report required under s. 227.116(4), Stats. The decision may be provided to the applicant electronically or by mail.(2) When an applicant's proposed project requires more than one department approval for which a time limit has been established pursuant to s. 227.116(1r), Stats., decisions to which this chapter applies shall be made by the last day of the longest applicable time limit or by the date of the report required by s. 227.116(4), Stats. Note: For example, if an applicant requests both a general permit and an individual permit for a single and complete project, the individual permit timeline is the applicable regulatory timeline for the project.
(3) The time limits specified in subchs. I and II do not include the number of business days between any of the following:(a) The date a decision is made by the department to prepare an environmental impact analysis under s. 1.11, Stats., 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 I legal notice under ch. 985, Stats., is mailed by the department and the date the department receives satisfactory proof of publication of that notice from the applicant.(d) Time delays necessary due to adverse weather.(4) If the department's action on a requested permit or approval is delayed or prevented by an order or decision of a court of law, the time limit specified under subch. I shall be adjusted to conform to the court's decision or order.(5) If the department's action on a requested permit or approval 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 under subch. I shall be adjusted accordingly.Wis. Admin. Code Department of Natural Resources NR 300.23
Adopted by, CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023