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30.28

30.28 Fees for permits, approvals, determinations and hearings.

30.28(1)

(1) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.

30.28(2)

(2) Amount of fees.

30.28(2)(a)

(a) For fees charged for permits and approvals under ss. 30.10 to 30.205 and 30.21 to 30.27, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:

30.28(2)(a)1.

1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

30.28(2)(a)2.

2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.

30.28(2)(a)3.

3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

30.28(2)(b)

(b)

30.28(2)(b)1.

1. For an application for a general permit submitted under s. 30.207 (3), the fee shall be $2,000.

30.28(2)(b)2.

2. For a notice submitted under s. 30.207 (7), the fee shall be $100.

30.28(2m)

(2m) Adjustments in fees.

30.28(2m)(a)

(a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete.

30.28(2m)(am)

(am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. 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).

30.28(2m)(b)

(b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7) after the project 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.

30.28(2m)(c)

(c) If more than one fee under sub. (2) (a) or s. 31.39 (2) (a) or 281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

30.28(2m)(d)

(d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207.

30.28(2r)

(2r) Fee for expedited service.

30.28(2r)(a)

(a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:

30.28(2r)(a)1.

1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or approval.

30.28(2r)(a)2.

2. The department verifies that it will be able to comply with the request.

30.28(2r)(b)

(b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval.

30.28(3)

(3) Exemptions. This section does not apply to projects funded in whole or in part by any federal agency or state agency.

30.28 - ANNOT.

History: 1977 c. 29; 1979 c. 221; 1981 c. 226, 346; 1987 a. 374; 1995 a. 27, 227; 1997 a. 27, 174; 2003 a. 118.

30.28 - ANNOT.

Cross Reference: See also ch. NR 300, Wis. adm. code.

30.28 - ANNOT.

The DNR 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.