2017 Wisconsin Statutes & Annotations
Chapter 30. Navigable waters, harbors and navigation.
30.28 Fees for permits, other approvals, and determinations.
30.28 Fees for permits, other approvals, and determinations.
(1) Fees required. The department shall charge a fee for reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under this subchapter. The required fee shall accompany the application or other submitted documentation. The department shall set each type of fee in the amount that is necessary to meet the costs incurred by the department except as follows:
(a) For an individual permit issued under s. 30.208, the application fee shall be $600.
(b) For authorization to proceed under a general permit issued under s. 30.206, the application fee shall be $300.
(c) For an application for a general permit submitted under s. 30.207 (3), the fee shall be $2,000.
(d) For a notice submitted under s. 30.207 (7), the fee shall be $100.
(1m) Additional fees.
(a) In addition to the fees required under sub. (1), the department may set and charge fees for making any of the following determinations:
1. An identification of an ordinary high-water mark.
2. A determination of navigability.
3. Any other determination that is necessary for reviewing, investigating, or making a decision on applications for permits, contracts, authorizations, or other approvals under this chapter.
(b) The department shall set each fee authorized under this subsection in the amount that is necessary to meet the costs incurred by the department.
(2m) Adjustments in fees.
(a) The department shall refund a fee charged under sub. (1) (a) if the applicant requests a refund before the department determines that the application is complete. Except as provided in par. (am), the department may not refund a fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.
(am) The department shall refund 50 percent of the fee specified in sub. (1) (c) if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).
(b) If a person applies for a permit or otherwise seeks authorization or gives notice for a project or activity after the project or activity is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
(d) The department may increase any fee specified in sub. (1) or (1m) only if the increase is necessary to meet the costs incurred by the department in performing the activities for which the fee is charged.
(2r) Fee for expedited service.
(a) The department, by rule, may charge a supplemental fee for a permit, contract, authorization, other approval, or determination that is in addition to the fee charged under this section if all of the following apply:
1. The applicant requests in writing that the permit, approval authorization, or determination be issued or the contract be granted within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit, contract, authorization, approval, or determination.
2. The department verifies that it will be able to comply with the request.
(b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit, contract, authorization, approval, or determination.
(2v) Web site information fee. In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.
(3) Exemptions. This section does not apply to projects funded in whole or in part by any federal agency or state agency.
The department of natural resources has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83, 234 Wis. 2d 335, 610 N.W.2d 129, 99-1146.
Wisconsin's Wetland Reform Act. Kent and Jordan. Wis. Law. Feb. 2013.
