Public Hearing on Nuisance Abatement Action for the Removal of a Fence in Forest County
Date: 04/03/2023
Time: 10:30 a.m. - End of Agenda
Location: Virtual
Susan Burns, Susan.Burns2@wisconsin.gov or 608 266-3865
On October 2, 2020, the Department of Natural Resources (DNR) issued a Notice of Noncompliance to Herbert and Helma Rudolf regarding a roughly 500-foot fence constructed across Mayflower Lake and on the bed of the same and various wetland locations located in the NW ¼ of the NW ¼ of Section 20 and other portions of Section 20 & 17, Township 35 North, Range 14, Town of Laona, Forest County, Wisconsin. The Notice of Noncompliance asserted the construction was completed without required approvals under Wis. Stat. § 30.12(3m) and Wis. Admin. Code § NR 329.02. On January 27, 2023, DNR filed a nuisance abatement action pursuant to Wis. Stat. § 30.03(4)(a) requesting that the Division of Hearings and Appeals hold a hearing and issue an order directing Mr. Rudolf to remove the fence.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, via BlueJeans videoconferencing software on Monday, April 3, 2023 at 10:30 a.m. Interested persons may request an email invitation to the Bluejeans Video Conference by contacting the Division of Hearings and Appeals at (608) 266-7709. In the alternative, those interested in participating who do not have access to video conference may participate by telephone by calling (888) 240-2560 and entering Meeting ID 239 873 455.
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, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference.
This is a Class 2 contested case pursuant to Wis. Stat. § 227.01(3)(b) and Wis. Admin. Code § NR 2.065(2), 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. These procedures closely resemble those 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.
The Notice of Noncompliance and other information relating to the petitioner are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of materials may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.
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.
