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Wednesday July 14

Environmental Protection, Regulations | Wetlands

Contested Case Hearing


Date: 07/14/2021

Time: 9:00 a.m. - 4:30 p.m.

Location: Virtual


Adam Lindsey, or 608-261-0767



Hearing is adjourned and will be public noticed in the future, if rescheduled.

On December 3, 2020, the Department of Natural Resources (DNR) denied David and Judy Wagner’s (“Petitioners”) request for an exemption to wetland permitting requirements for property located at Section 36, Township 32 North, Range 18 East in the Town of Stephenson, Marinette County, WI. Petitioners requested a silviculture exemption pursuant to Wis. Stat. §§ 281.36(4)(a) and (e) to maintain a log trail on the property. DNR determined that Petitioners did not meet the statutory requirements for the exemption, and the exemption was denied.

On December 30, 2020, Petitioners filed a Petition for a Contested Case Hearing with the DNR to review the decision to deny the exemption, pursuant to Wis. Stat. §§ 227.42 and 281.36.

By letter dated January 19, 2021, the DNR granted the request for a contested case hearing and limited the hearing to the following issue: whether DNR properly denied Petitioners’ exemption request pursuant to Wis. Stat. §§ 281.36(4)(a) and (e).

On March 19, 2021, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR. The parties have conferred and agreed to a date for a contested case hearing.

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. Stat. § 281.36, Wis. Admin. Code § NR 2.13 and Wis. Admin. Code § HA 1.12(8) via BlueJeans videoconferencing software July 14 through July 15, 2021, commencing at 9:00 a.m. and concluding no later than 4:30 p.m. each dayMembers of the public desiring to participate in this hearing pursuant to Wis. Admin. Code § NR 2.08 will be allowed the opportunity to do so at the end of the presentation of evidence. Such interested persons should enter an appearance either prior to or at the commencement of the contested case hearing. Information about connecting to the BlueJeans hearing will be found at the DNR Website ( and can also be requested from Susan Burns at (608)266-7667. 

The Department of Natural Resources respectfully requests the use of BlueJeans be reserved for the Administrative Law Judge, Counsel of Record, witnesses on the stand to provide testimony, and members of the public registered to participate at the end of the presentation of evidence.  Witnesses and members of the public not on the stand to provide testimony should use the links provided below to observe this hearing.  Please note separate links are provided for the morning session and afternoon session.

July 14, a.m.:

July 14, p.m.:

View the full public notice here.

Published on May 14, 2021 at 3:34 PM