Section NR 851.75 - Public hearings(1) MANDATORY HEARINGS. The department shall conduct a public hearing for any of the following: (a) A new or increased straddling community diversion proposal that results from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period.(b) A new or increased straddling community diversion proposal that results in a new or increased consumptive use that would average 5,000,000 gallons or more per day in any 90-day period.(c) An intrabasin transfer proposal that results in a new withdrawal or an increase in a withdrawal that would average more than 100,000 gallons per day in any 90-day period.(d) An intrabasin transfer proposal that results in a new or increased consumptive use that would average 5,000,000 gallons per day or more in any 90-day period.(e) A new or increased diversion proposal to a community within a straddling county.(2) HEARING BY REQUEST. (a) If a hearing is not required under sub. (1), within 30 days of the public notice posted on the department website under s. NR 851.72 (2) (b) 3., any interested person may request a public hearing regarding a diversion application submitted to the department under subch. II, III or IV. The person making the request shall indicate the person's interest in the proposal and the reason a hearing is warranted.(b) The department shall conduct a public hearing if it determines that there is a significant public interest in holding a hearing.(3) PUBLIC HEARING PROCEDURE.(a) The department shall provide public notice of a hearing under sub. (2) following the procedures under s. NR 851.72 (2) unless notice of the hearing has already been provided under s. NR 851.72 (2). The hearing notice shall contain all relevant information listed under s. NR 851.72 (1).(b) A public hearing may be held in-person in the area where the diversion is located, online, or a combination of in-person and online.(c) The public hearing shall be conducted by a hearing examiner. The hearing examiner may implement procedures to ensure that the hearing is conducted in an orderly and expeditious manner, provided those procedures are consistent with broad public participation in the hearing.(d) The hearing examiner shall open the hearing, make a concise statement of the scope and purpose of the hearing, explain the procedures for the hearing, explain the method of notification of the final decision to approve or deny the diversion, and explain the methods by which the decision may be reviewed in a public hearing.(e) Appearance slips or online registration shall be recorded for all attendees at the hearing. Persons shall state on their appearance slips or online registration their intent to present or not present an oral or written statement at the hearing.(f) The hearing examiner may establish reasonable time limits on individual oral statements to ensure the opportunity for all attendees to make statements. The hearing examiner may limit the number of representatives that may make oral statements on behalf of the same organized group.(g) Attendees at the hearing may ask informational and clarifying questions by submitting the questions in writing to the hearing examiner who may direct the questions to the person making the oral statement. In no instance shall cross-examination be allowed at the hearing.(h) Contemptuous conduct at a hearing shall be grounds for exclusion from the hearing by the hearing examiner.(i) The hearing examiner shall accept written comments from hearing attendees.(j) A hearing held under this section is not a contested case hearing under s. 227.44, Stats.(k) The hearing examiner shall make a written report of public participation and public comments heard during the hearing process for the decision record.Wis. Admin. Code Department of Natural Resources NR 851.75
Adopted by, CR 23-050: cr. Register June 24 No. 822, eff. 7/1/2024