Contested Case Hearing On construction of pier on Nagawicka Lake in Delafield
Date: 06/17/2024
Time: 10:00 a.m. - End of Agenda
Location: Waukesha
Susan Burns, Susan.Burns2@wisconsin.gov
On April 24, 2023, the Department of Natural Resources (DNR) approved an application and Permit IP-SE-2022-68-02139 to allow the City of Delafield to place a pier on Nagawicka Lake located in the SW 1/4, SW 1/4, Section 17, Township 07, Range 18E, City of Delafield, Waukesha County. The Board of Directors of the Waukesha County Environmental Action League (WEAL) and the Defenders of St. Johns Bay, an unincorporated association, Scott Botcher, Jim Nelson, Mary Nelson, Tim Holt, Kim Holt, Chris Pitzo, Suzie Pitzo, C. Michael Hausman, Jane Hausman, and Julie Hollingsworth (collectively “the petitioners”) filed separate petitions for a contested case hearing with the DNR to review the decision to issue the permit to the City of Delafield pursuant to Wis. Stat. §§ 30.209 and 227.42. By letter dated June 21, 2023, the DNR granted a contested case hearing and limited the hearing to the following issues:
- Whether Permit Application IP-SE-2022-68-02139 met the standards set forth in Wis. Stat. § 30.12(3m), or whether any additional permit conditions are necessary to protect the public interest in Nagawicka Lake.
- Whether the proposed pier and boat slips constitute a reasonable use of the riparian property.
- Whether the City of Delafield has granted any riparian right in land to St. John’s Northwestern Academy contrary to Wis. Stat. § 30.133.
On Nov. 7, 2023, the DNR submitted a request for hearing to the Division of Hearings and Appeals. A prehearing conference was conducted on Dec. 21, 2023 via remote video conferencing at which time the named parties were identified and certified and a hearing date scheduled.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will conduct a contested case hearing in the above-captioned matter pursuant to Wis. Stat. §§ 227.44 - 227.46 and Wis. Admin. Code §§ NR 2.08 and NR 2.13, beginning on Monday, June 17, 2024 at 1 p.m. and continuing on Tuesday, June 18 through Friday, June 21, 2024, as needed, in Room 151 at the Lee Sherman Dreyfus State Office Building, 141 NW Barstow Street (west building entrance) in Waukesha, Wisconsin. Members of the public will be allowed to offer sworn comments on the record at the outset of the hearing on Monday, June 17, 2024 at 1 p.m. Public comments will be limited in time and limited in scope to the issues identified above.
Pursuant to the Americans With Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please contact the Division of Hearings and Appeals at 608-266-7709 with specific information on your request at least five business days prior to the date of the scheduled hearing.
