Hearings and Meetings Calendar

Legal

Contested Case Hearing For Legend Lake Protection And Rehabilitation District Aquatic Plant Management Permit

Start Date: 02/23/2026

End Date: 02/27/2026

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

Location: Shawano County Public Library, Veslak Room, 128 S. Sawyer Road, Shawano, Wisconsin

Division of Hearings and Appeals, 608-266-7709

On March 20, 2025, the Department of Natural Resources (DNR) issued a Permit No. NE-2025-40-2220 to the Legend Lake Protection and Rehabilitation District to Conduct Chemical Aquatic Plant Management on Legend Lake, Menominee County, Wisconsin. Midwest Environmental Advocates, on behalf of the Menominee Indian Tribe of Wisconsin (Petitioner), filed a Petition for a Contested Case Hearing with the DNR to review the decision to issue the permit to the Legend Lake Protection and Rehabilitation District pursuant to Wis. Stat. § 227.42. By letter dated May 5, 2025, the DNR granted the request for contested case hearing and limited the hearing to the following issues:

1. Whether Permit No. NE-2025-40-22420 meets the standards for issuance pursuant to Wis. Admin. Code §§ NR 107.05(3) and (4); and

2. Whether Legend Lake Protection and Rehabilitation District Complied with the procedural requirement of Wis. Admin. Code § NR 107.04(4).

Also on May 5, 2025, the DNR suspended Permit No. NE-2025-40-22420 pursuant to Wis. Admin. Code § NR 107.05(2) pending resolution of the contested case. On March 15, 2025, the Division of Hearings and Appeals received, for filing, a request for a hearing from the DNR. The parties have agreed to a date for a prehearing conference.

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 Shawano County Public Library, Veslak Room, 128 S. Sawyer Road, Shawano, Wisconsin commencing at 1 p.m. on Monday, Feb. 23, 2026, and continuing, as necessary, on Tuesday, Feb. 24, 2026 through Friday, Feb. 27, 2026. 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 beginning of the first day of hearing prior to the parties’ presentation of evidence. Such interested persons must enter an appearance either prior to or at the commencement of the contested case hearing. Public comments may be limited in scope to the issues for hearing and limited to five minutes or less to accommodate all interested persons. Information about the hearing may be found at the DNR Website (https://dnr.wi.gov/Calendar/Hearings/) and can also be requested from Susan Burns at 608-266-3865. Please monitor the DNR website for updates.

The hearing is a Class 2 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.

Pursuant to the Americans with Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please contact the undersigned Administrative Law Judge at 608-266-2447 or Kristin.Posekany@wisconsin.gov with specific information on your request on or before Feb. 2, 2026.