Wisconsin Administrative Code Department of Natural Resources
Overview of Wisconsin Administrative Code — Department of Natural Resources (DNR)
The Wisconsin DNR Administrative Code establishes the regulatory framework under which the Department of Natural Resources manages the state’s natural resources, environmental protection, and conservation efforts. The rules implement statutes related to:
Water and air quality.
Wildlife and fisheries management.
Forestry and land management.
Waste disposal and hazardous materials.
Public recreation and parklands.
The Code guides permitting, enforcement, compliance, and conservation programs across Wisconsin.
Key Areas Covered by Wisconsin DNR Administrative Code
1. Environmental Permits and Compliance
Water Quality: Regulations govern discharge permits under the Wisconsin Pollutant Discharge Elimination System (WPDES).
Air Quality: Permits and emission standards for industries to control air pollution.
Waste Management: Rules for handling, storage, and disposal of solid and hazardous waste.
2. Natural Resource Conservation
Management of fish and wildlife populations.
Regulations on hunting, fishing, and trapping.
Forestry management and timber harvesting regulations.
3. Land Use and Public Access
Public access to waterways.
Management of state parks, forests, and recreation areas.
Rules for invasive species control.
4. Enforcement and Penalties
Procedures for inspections, violations, and penalties.
Hearings and appeals processes.
Relevant Case Law Illustrating the Application of Wisconsin DNR Regulations
A. Due Process and Administrative Enforcement
Case: Hansen v. DNR, 2004 WI App 123, 274 Wis. 2d 688
The Wisconsin Court of Appeals upheld the Department’s authority to issue citations and impose penalties for environmental violations.
The Court emphasized the necessity of due process in administrative hearings, including timely notice and opportunity to be heard before penalties are imposed.
This case underscores the balance between effective enforcement of environmental laws and protection of individual rights.
B. Scope of Regulatory Authority
Case: State v. Vogt, 2007 WI 83, 302 Wis. 2d 245
The Wisconsin Supreme Court clarified the scope of DNR’s authority in regulating water discharges.
The ruling confirmed that the DNR’s permit requirements for discharge are within its statutory powers to protect water quality, even when private property rights are implicated.
This case reinforces the primacy of environmental protection balanced with reasonable use of property.
C. Public Trust Doctrine and Resource Access
Case: Levee Management Association v. DNR, 2011 WI App 41, 332 Wis. 2d 1
The Court held that the DNR has broad authority under the public trust doctrine to manage waterways and ensure public access.
This ruling supports DNR’s role in protecting public interests in natural resources over private encroachments.
D. Environmental Impact and Administrative Procedures
Case: Clean Wisconsin, Inc. v. DNR, 2010 WI App 68
Environmental groups challenged the DNR’s approval of a development project.
The court ruled that the DNR must comply with Wisconsin’s Environmental Policy Act (WEPA), including thorough environmental impact assessments.
This case highlights the procedural safeguards ensuring that natural resource decisions consider environmental consequences.
Summary
The Wisconsin DNR Administrative Code regulates diverse areas crucial to natural resource protection and environmental management.
The Code’s enforcement powers are balanced by procedural due process rights, as courts have consistently affirmed.
Courts have upheld the DNR’s broad authority to regulate discharges, protect public access, and require environmental review.
These rules and case law ensure Wisconsin’s natural resources are managed sustainably while protecting constitutional rights.
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