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Contested Case Hearing In the Matter of the Individual Permit to Dredge on the Yahara River, Town of Dunn, Dane County, IP-SC-2025-13-00201

Start Date: 10/19/2026

End Date: 10/23/2026

Time: 9:00 a.m. - End of Agenda

Location: Virtual

Susan Burns, Susan.Burns2@wisconsin.gov

On March 18, 2026, the Wisconsin Department of Natural Resources (Department) noticed the final determination to issue permit #IP-SC-2025-13-00201to Dane County (Permittee). On April 17, 2026, Alan Breed, Maura Donnelly, Robert Christlieb, David Barton and Marina Edwards (Petitioners) filed a Petition for a Contested Case Hearing with the Department pursuant to Wis. Stat. §§ 227.42 and 30.209. 

By letter dated May 18, 2026, the Department granted the Petitioners’ request for a contested case hearing on two issues. The issues for hearing are: 

1. Whether the Department and permit applicant complied with applicable procedural requirements in Wis. Stat. § 30.208 and Wis. Admin. Code Ch. NR 300; and
2. Whether the public interest standard for issuing the permit is met, pursuant to Wis. Stat. § 30.20(2)(c) and applicable administrative code rules, including Wis. Admin. Code Ch. NR 103.

On June 10, 2026, the Division of Hearings and Appeals received an original request for hearing from the Department. On June 25, 2026, an informal conference was held by ALJ Benjamin Jones with the preliminarily identified parties and dates for a prehearing conference and hearing were agreed. 

NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a contested case hearing on the above-captioned matter pursuant to Wis. Stat. § 227.44, Wis. Admin Code § NR 2.13 and Wis. Admin. Code § HA 1.12 at the Hill Farms State Office Building, 4822 Madison Yards Way, Madison, WI 53705, in Room S148, commencing at 9 a.m. on Monday, Oct. 19, 2026. The hearing will continue, as necessary, every day through Friday, Oct. 23, 2026. Administrative Law Judge Benjamin Jones shall preside. 

Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the prehearing conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, confirm the scheduled dates for the hearing, and address any other matters as may aid in the disposition of the action. No testimony will be heard at the prehearing conference. 

The hearing in this matter is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the fair play provisions of Wis. Stat. Ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code Ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in state circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.

Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at (608) 266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.