Prehearing Conference Concerning S&L Ford
Date: 06/19/2025
Time: 10:00 a.m. - 11:00 a.m.
Location: Virtual
Division of Hearings and Appeals, 608-266-7709
On Feb. 15, 2024, S&L Ford, LLC submitted an artificial wetland exemption request to the Department of Natural Resources (DNR) under Wis. Stat. § 281.36(4n)(d). The DNR denied the exemption request on Feb. 29, 2024 and on March 28, 2024, S&L Ford, LLC submitted a petition for contested case hearing under Wis. Stat. § 227.42 with regard to the DNR’s denial. The DNR denied the petition for contested hearing on April 17, 2024 and a petition for judicial review was filed with the Oconto County Circuit Court on May 16, 2024. The Oconto County Circuit Court issued a Decision and Order on March 31, 2025 directing the DNR to grant the request for hearing. Based upon the Circuit Court’s Order, on April 14, 2025, the DNR granted a contested case hearing on whether it correctly relied on definitive evidence that Wetland W-1 existed on or before Aug. 1, 1991 to deny the exemption request under Wis. Stat. § 281.36(4n) and limited the hearing to the following factual issues:
1. Whether aerial photographs show wetland history that existed on or before Aug. 1, 1991; and.
2. Whether soil data show wetland history that existed on or before Aug. 1, 1991.
On April 18, 2025, the DNR submitted a request for hearing to the Division of Hearings and Appeals.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will conduct a prehearing conference in the above-captioned matter pursuant to Wis. Stat. § 227.44, Wis. Stat. § 227.46(1), Wis. Admin. Code § NR 2.08(5), and Wis. Admin. Code § NR 2.12, on June 19, 2025 at 10 a.m., via Microsoft Teams. Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at 608-266-7709. In the alternative, those interested in participating may participate by telephone by calling 608-571-2209 and entering Meeting ID 712 371 070#.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the 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, establish a discovery schedule, and address any other matters as may aid in the disposition of the action. No testimony will be heard at the prehearing conference.
