Section NR 860.41 - Public Notice and Comment(1) The department shall draft and provide a public notice regarding each general permit proposed by the department and each individual permit application under s. NR 860.40(1). The public notice shall allow 30 days for public comment. For individual water use permit applications specified in s. NR 860.40(1), the notice shall be provided within 90 days of the department receiving a complete application. For general permits, the department shall provide, publish, and deliver the public notice when a draft general permit has been completed.(2) The public notice shall comply with all of the following:(a) Be published by the applicant as a class 1 notice under ch. 985, Stats., in the counties where water from the withdrawal will be used and in counties within five miles of the location of the withdrawal. For actions involving individual water use permits, the applicant shall provide proof of publication of the notice in the form of an affidavit from the newspaper certifying publication and documenting the date of publication. Note: The department is responsible for publishing the required notice for general permits.
(b) Be delivered by the department or applicant to any person, group, local governmental unit, or state agency upon request. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.(c) Be delivered by the department or applicant to persons or groups on a formal department water use permit application mailing list. The applicant for an individual water use permit shall provide proof of delivery in the form of an affidavit or documentation from the delivery method or person.(3) The public notice shall include all of the following information:(a) For individual water use permits, the name and address of each applicant.(b) For individual water use permits, a brief description of the proposal for which the application is made, including the amount of the proposed withdrawal and the amount of any water loss from consumptive use.(c) For general permits, a description of the types of withdrawals and the waters of the state or areas of the state covered by the general permit.(d) A brief description of the procedures to be used to formulate a final determination on the proposed action, including the 30-day period for public comment and the 30-day period for requesting a public hearing.(e) The process, location, and timeframes to obtain additional information, submit written comments, or request a public hearing.(4) The public comment period is 30 days starting on the date the notice is published.(5) Any person may submit written comments. All comments shall be submitted to the department at the address specified in the public notice by the end of the 30-day public comment period. Comments are submitted on the date they are postmarked using U.S. mail or on the date they are delivered to the address specified in the public notice.(6) All comments shall address facts relevant to whether the proposed withdrawal complies with the applicable legal standards.(7) The department shall retain all written comments submitted during the 30-day comment period and shall consider the comments in making its decisions on the application.Wis. Admin. Code Department of Natural Resources NR 860.41
CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.