Wisconsin Administrative Code

NR 199.01 Purpose. The purpose of this chapter is to establish procedures for implementing a municipal flood control and riparian restoration grant program as provided for in s. 281.665, Stats. Grants made under this program will help local governments minimize flooding and flood…

NR 199.02 Applicability. (1) This chapter applies to all cities, villages, towns and metropolitan sewerage districts applying for financial assistance under s. 281.665, Stats., for a grant under this chapter. (2) Watercourses eligible for grants include any river, lake, flowage, …

NR 199.03 Definitions. In this chapter: (1) XAcquisition costY means the fair market value of the property, as determined by department appraisal guidelines, and reasonable costs related to the purchase of the property that are limited to the cost of appraisals, land surveys, rel…

NR 199.04 General provisions. (1) The applicant shall submit with each application preliminary and detailed designs for each project to the department for review and approval. (2) The grant recipient shall submit to the department an annual status report and a final project repor…

NR 199.05 Eligible and ineligible project activities. (1) ELIGIBLE ACTIVITIES. The following activities, in priority order, are eligible for funding under this section: (a) Acquisition and removal of structures which, due to zoning restrictions, cannot be rebuilt or repaired. (b)…

NR 199.06 Applications. (1) An applicant shall apply for funding of projects on forms provided by the DNR bureau of 2 community financial assistance and shall submit the application to the DNR bureau of watershed management, both located at PO Box 7921, Madison, Wisconsin 53707-7…

NR 199.07 Determination of project eligibility. After receiving the application, the department shall determine eligible projects by considering the factors identified in ss. NR 199.01 and 199.05. The department may accept the application as eligible and score it based on priorit…

NR 199.08 Eligible and ineligible costs. (1) ELIGIBLE COSTS. Costs eligible for funding under this chapter are those reasonable and necessary project costs which the department determines are consistent with the approved project. Eligible costs shall be incurred during the projec…

NR 199.09 Grant awards and payment. (1) GENERAL PROVISIONS. (a) The state share of the project cost may not be greater than 70% of the eligible project costs. (b) A grant provided under this chapter for acquisition of easements or real property may not exceed the lesser of 70% of…

NR 199.10 Grant awards for acquisition of property. (1) Property transactions shall be subject to approval by the department and all of the following provisions: (a) Property transactions shall be subject to ss. 32.19 to 32.27, Stats., and relocation assistance shall be subject t…

NR 199.11 Variances. The department may approve in writing a variance from a requirement of this chapter upon the written request of a grant recipient if the department determines the chapter was last published. 5 DEPARTMENT OF NATURAL RESOURCES that a variance is essential to ef…

NR 2.01 Application of rules. This chapter shall apply in all proceedings and hearings before the department except as specifically provided otherwise.

NR 2.02 Definitions. In this chapter: (1) XAdministrative law judgeY means a hearing examiner employed by the department of administration division of hearings and appeals. (2) XClass 1 proceedingY has the meaning specified in s. 227.01 (3) (a), Stats. (3) XClass 2 proceeding has…

NR 2.03 Service on the department. All petitions for hearings, petitions for rules, petitions for declaratory rulings, petitions for review of contested case decisions under s. NR 2.20, answers and complaints required by any statute or rule shall be served on the department by pe…

NR 2.04 Service of pleadings. After a matter has been set for a contested case hearing, all pleadings and papers shall be served on the division of hearings and appeals, the department[s bureau of legal services and all identified parties. Unless otherwise provided for by the div…

NR 2.05 Forms of petitions. Petitions shall conform with the applicable statute as to form, content, number of signatories and verifications. All petitions shall be served within the time specified by statute or administrative rule, or, where no time is specified, within 30 days …

NR 2.055 Determination of jurisdiction. After receipt of a petition for a contested case hearing, the department shall determine whether the petition meets the jurisdictional requirements of the statutes and rules under which the petition is filed. The department shall transmit t…

NR 2.06 Notice of hearing. (1) FORM. Notice of hearing shall be in writing, with a title identifying the matter set for hearing, and where appropriate, contain a docket number. (2) CONTENT. The notice of hearing shall contain the following information: (a) Date, time and location…

NR 2.065 Contested case designation. (1) Except as provided in sub. (2) or unless otherwise determined by the department or administrative law judge, all department contested case hearings are class 1 proceedings under s. 227.01 (3), Stats. (2) Hearings held under ss. 30.03, 281.…

NR 2.07 Place of hearings. Unless otherwise specifically provided by law, all contested case hearings shall be held at the offices of the division of hearings and appeals, or at the time, date and place designated by the administrative law judge in the hearing notice. Note: The o…

NR 2.08 Persons entitled to participate in contested case hearings. (1) In addition to the parties, any NR 2.085 member of the public may participate in any department contested case hearing. (2) Any person desiring to participate in a department contested case hearing, whether o…

NR 2.085 Environmental impact statements. (1) When an environmental impact statement has been prepared on a proposed action for which a contested case hearing is held, all evidence regarding compliance with s. 1.11, Stats., shall be taken at that hearing unless otherwise provided…

NR 2.09 Changes in time or place of hearing; adjournments; failures to appear. (1) CHANGES. Requests for changes in the time or place of a scheduled hearing may be granted by the department or administrative law judge only for good cause shown. A request received after a required…

NR 2.095 Declaratory ruling hearings. When a petition for a declaratory ruling is granted under s. 227.41, Stats., the hearing shall be conducted as a noncontested case. The declaratory ruling may be based upon information presented at the hearing and other information available …

NR 2.10 Witnesses and subpoenas in contested cases. The department, the administrative law judge, on the judge[s own motion or at the request of a party, or any attorney of record for a party in a contested case hearing may issue subpoenas to compel the attendance of witnesses at…

NR 2.11 Preservation of testimony and discovery of evidence in contested case hearings. (1) DISCOVERY IN CLASS 2 PROCEEDINGS. The department or any party in a class 4 2 proceeding may obtain prehearing discovery and preserve testimony as provided under ch. 804, Stats. For good ca…

NR 2.12 Informal conferences, prehearing conferences and motions. (1) CALL AND PURPOSE. The department or the administrative law judge may call an informal conference or prehearing conference at any time prior to or during the course of a hearing, and may require the attendance o…

NR 2.13 Conduct of contested case hearings. (1) PROCEDURE. The administrative law judge shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. The administrative law judge then shall state the issues in the proce…

NR 2.135 Conduct of noncontested case hearings. (1) NOTICE. At least 10 days notice shall be given of the time, date and place of a noncontested case hearing. (2) PROCEDURE. (a) The presiding officer will open the hearing and make a concise statement of its scope and purposes. Ap…

NR 2.14 Rules of evidence in contested cases. (1) RULES. Rules of evidence in contested cases are governed by s. 227.45, Stats. (2) ADMISSIBILITY. Evidence submitted at the time of hearing need not be limited to matters set forth in pleadings, petitions or applications. If varian…

NR 2.15 Close of hearing. (1) CLOSING AND BRIEFS. A hearing in a contested case shall be closed upon completion of the submission of all evidence and expiration of the period fixed for filing of briefs. If the time for filing briefs has expired and the brief of one or more partie…

NR 2.155 Decisions in contested cases. (1) ADMINThe administrative law judge shall prepare findings of fact, conclusions of law and decision subsequent to each contested case heard. Unless the department petitions for judicial review as provided in s. 227.46 (8), Stats., the deci…

NR 2.157 Decisions in noncontested cases. (1) DECISIONS WHEN AN ENVIRONMENTAL ANALYSIS IS COMPLETED. For any decision arising out of a noncontested case hearing, the department may not commence, engage in, fund, approve, conditionally approve, or disapprove an action that has bee…

NR 2.16 Reopening hearings. When a hearing in a contested case is closed, no further evidence may be received, except by order of the department or the administrative law judge reopening a closed contested case for the taking of further evidence upon application of a party showin…

NR 2.17 Transcripts in contested cases. (1) METHOD AND COPIES. Hearings shall be recorded either stenographically or electronically. A typed transcript shall be made when deemed necessary by the department or the administrative law judge. If a transcript is made by the department…

NR 2.18 Briefs. (1) TIME FOR BRIEFS. In contested cases, parties shall indicate on the record after the close of testimony at the hearing whether they desire to file briefs. The administrative law judge may establish a schedule for the filing of briefs. The party or parties havin…

NR 2.19 Confidential status. (1) APPLICABILITY. This section establishes a procedure which shall apply to requests made to the department to treat as confidential, information in possession of the department or being requested by the department. (2) RESPONSIBILITY FOR ESTABLISHIN…

NR 2.195 Public records and information. (1) It is vital that the public receive factual information on the affairs of state government through all forms of communication. Whether the information is requested by media representatives or individual citizens, department employees s…

NR 2.20 Review of contested case decision. (1) FILING. Any party to a contested case who is adversely affected the chapter was last published. 9 DEPARTMENT OF NATURAL RESOURCES by a final decision rendered after a contested case hearing on the matter may, within 20 days after iss…

NR 20.01 Purpose. This chapter establishes open and closed seasons, bag limits, possession limits, size restrictions and other rules governing the taking of fish in the inland and outlying waters of Wisconsin. History: Cr. Register, May, 1999, No. 521, eff. 6-1-99.

NR 20.03 Definitions. In this chapter: (1) “Angler” means any person engaged in fishing. (2) “Artificial fly” means a single hook dressed with fur, feathers, hair, silk, tinsel, thread or similar material to imitate the natural food of fish. (3) “Artificial lure” means a spoon, s…

NR 20.05 General restrictions. No person may do any of the following: (1) Fish by any means other than hook and line except as specifically authorized in this chapter or chs. NR 21, 22, 23, 24 and 25. (3) Fish within 200 feet of any fishway, lock, or dam by any means other than b…

NR 20.06 Hook and line fishing. No person may do any of the following: (1) Fish in inland waters by the method of trolling with more than 1 line per person, with more than 1 hook, bait, or lure per line, and with more than a total of 3 lines used for trolling per boat, except whe…

NR 20.07 Lake sturgeon carcass tags and registration, hook and line fishing and spearing. (1) CARCASS TAGS. No person may: (a) Fish for lake sturgeon unless in possession of a valid, unique carcass tag that has not already been used to harvest a sturgeon. A tag is not valid when …

NR 20.08 Restrictions on the use of bait. No person may do any of the following: (1) Use goldfish as bait or possess goldfish in any form or manner on any water of the state. (2) Use alewife as bait or possess alewife in any form or manner on any water of the state except Lake Mi…

NR 20.09 Spearing restrictions. No person may do any of the following: (1) Possess or control any bow, crossbow, spear, or similar device while on any water or on the banks or shores of any water that might be used for the purpose of fishing except as specifically authorized in s…

NR 20.10 Special lake sturgeon spearing restrictions. No person may do any of the following: (1) Fish for sturgeon on Lake Winnebago system waters by any means other than spearing with a spear thrown by hand from inside a fishing shelter placed on the ice during the open season s…

NR 20.105 Sturgeon spearing licenses. NR 20.11 Ice fishing and fishing shelter restrictions. NR 20.12 Setline and set or bank pole restrictions. NR 20.13 General netting restrictions. NR 20.14 Minnow collecting restrictions. Subchapter III — Authorized Methods, Open Seasons, Dail…

NR 20.11 Ice fishing and fishing shelter restrictions. (1) No person may construct, place, use, maintain or occupy a fishing shelter on the ice of any waters of this state unless: (a) The name and residential address or department of natural resources customer identification numb…

NR 20.12 Setline and set or bank pole restrictions. (1) GENERAL RESTRICTIONS. No person may use, set, lift, attend or possess any set or bank pole or setline on any water except the lower Wisconsin river, unless: (a) Its use is specifically authorized by a set or bank pole licens…