Section NR 860.42 - Public Hearings(1) Any interested person or group of persons, any affected local unit of government, or any state agency, may request a public hearing regarding a permit covered under s. NR 860.40(1).(2) Requests for a public hearing under this section shall comply with all of the following: (a) Be in writing and dated and include the applicant name or number of the proposed permit or application.(b) Be submitted to the department at the address specified in the public notice by the end of the 30-day public comment period. A request is submitted on the date it is postmarked using U.S. mail or on the date it is delivered to the address specified in the public notice.(c) Indicate the interests of the requestor and the reasons why a hearing is warranted. The reasons shall relate to the legal requirements for water use permits.(3) The department shall schedule a public hearing if the request complies with sub. (2) and if the department determines that there is a significant public interest in holding a hearing.(4) The department shall schedule the public hearing within 30 days after the completion of the 30-day public comment period.(5) Public notice for a public hearing shall be issued by the department and follow the requirements of s. NR 860.41(2) and include the information in s. NR 860.41(3) and the time, date, and the location of the hearing.(6) The applicant for an individual water use permit shall publish and provide the notice to persons or groups identified in s. NR 860.41(2) (b) and (c) no later than 10 days before the scheduled hearing date.(7) Whenever possible, public hearings shall be held in the area affected by the proposed withdrawal or general permit.(8) Any interested members of the public or representatives of government agencies may participate in a public hearing with respect to the issuance of the proposed permit subject to the procedures in sub. (9). Persons and government agencies participating need not be represented by legal counsel.(9) Public hearings held under this subsection are not contested case hearings under ch. 227, Stats., and shall be conducted according to all of the following procedures: (a) Public informational hearings held under this section shall be conducted by a hearing examiner designated by the secretary or secretary's designee.(b) The hearing examiner shall open the hearing by concisely stating the scope and purpose of the hearing and explaining the procedures to be used in the hearing. The hearing examiner shall explain how and to whom notice of the final decision approving or disapproving a permit or approval will be provided and how a person may seek administrative or judicial review of the final decision.(c) Appearance slips shall be submitted by all persons that present an oral statement at the hearing.(d) Any person may direct informational or clarifying questions through the hearing examiner to a person making oral statements, but cross-examination is not allowed at the hearing.(e) The hearing examiner may place time limits on individual oral statements to prevent undue repetition or insure that all persons who wish to make a statement can do so in a reasonable period of time.(f) The hearing examiner may limit the number of representatives that may make oral statements on behalf of any individual or organized group.(g) Even i foral statements are scheduled, unscheduled oral or written statements also shall be allowed at the hearing.(h) Any person submitting a written statement at the hearing shall submit at least one legible copy to the hearing examiner.(i) The hearing examiner may use additional or alternative procedures deemed necessary to insure that the hearing will be conducted in an orderly and expeditious manner, provided the measures are consistent with broad public participation in the hearing.(j) The hearing examiner may exclude from the hearing a person who engages in loud, noisy, disruptive or contemptuous conduct.(10) When a public hearing is conducted, the public comment period shall be extended for 10 days starting from the date of the hearing.(11) The department shall consider the comments received at the hearing and following the hearing in making its decision.Wis. Admin. Code Department of Natural Resources NR 860.42
CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.