contested case hearing for 1989 Holdings, LLC for a permit to construct two piers and 20 boat slips on Pewaukee Lake in the City of Pewaukee
Date: 12/19/2023
Time: 9:00 a.m. - End of Agenda
Location: Waukesha
Sue Burns, susan.burns2@wisconsin.gov
On Dec. 30, 2022, 1989 Holdings, LLC filed an application, Application IP-SE-2022-68-05007, with the Wisconsin Department of Natural Resources (DNR) for a permit to construct two piers and 20 boat slips on Pewaukee Lake in the City of Pewaukee. The DNR denied the application by decision dated May 12, 2023.
On June 12, 2023, 1989 Holdings, LLC filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 30.209 and 227.42 and Wis. Admin. Code § NR 2.05. By letter dated July 12, 2023, the DNR granted the request for a contested case hearing, which the DNR limited to the following issues: (1) whether the proposed piers and boat slips met the public interest standard set forth in Wis. Stat. § 30.12(3m)(c); and (2) whether the proposed piers and boat slips constituted a reasonable use of the riparian property.
On Aug. 10, 2023, 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 prehearing conference and dates for the 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. Admin. Code § NR 2.13 and Wis. Admin. Code § HA 1.12 at the Lee Sherman Dreyfus State Office Building, Room 151, 141 NW Barstow St., Waukesha, Wisconsin on Dec. 18, 2023, and continuing if necessary on Dec. 19 and 20, 2023, commencing at 9 a.m. each day.
Members 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 must enter an appearance either prior to or at the commencement of the contested case hearing. Information about the hearing may be found at the DNR website and can also be requested from Susan Burns at 608-266-3865. Please monitor the DNR website for updates.
The hearing is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the 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.
The permit application and other information relating to this matter 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 a.m. and 3:30 p.m. Monday through Friday, holidays excepted. Copies of documents on file 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 608-266-3865 with specific information on your request prior to the date of the scheduled prehearing or hearing.
