Skip to main content
Wednesday July 24


Contested Case Hearing Prehearing Conference – Denial Of After-The-Fact Permit Application By Keith and Colleen Mustain

Date: 07/24/2024

Time: 1:00 p.m. - End of Agenda

Location: Virtual


Susan Burns,


On or about March 24, 2023, Keith and Colleen Mustain (Petitioners) filed an After-the-Fact Permit Application with the Wisconsin Department of Natural Resources (DNR) under Wis. Stat. § 281.36 for the placement of fill into wetlands on their property located at Government Lot 3, Section 32, Township 19 North, Range 16 East, Town of Oshkosh, Winnebago County (Permit Application IP-NE-2023-71-0090). DNR denied the application by order dated September 11, 2023.

On October 10, 2023, the Petitioners filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 227.42 and 281.36 and Wis. Admin. Code ch. NR 2. By letter dated November 9, 2023, DNR granted the request for a contested case hearing, which DNR limited to the following issues: (1) whether DNR properly applied the requirements under Wis. Stat. § 281.36(3b) and (3m) to the Petitioners’ March 24, 2023 individual permit application; and (2) whether the proposed project represents the least environmentally damaging practicable alternative taking into consideration practicable alternatives that avoid wetland impacts and whether all practicable measures to minimize the adverse impacts to wetland functional values will be taken (Wis. Stat. § 281.36(3n)(c)1. & 2.).

On February 27, 2024, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR.

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 Microsoft Teams on July 24, 2024 at 1 p.m. To connect to the conference call, dial 1-608-571-2209, and then enter Meeting ID: 445-725-908# when prompted.

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 scheduling order, address any other matters as may aid in the disposition of the action, and choose the date(s) for the contested case hearing. No testimony will be heard at the prehearing conference.

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.

Published on