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Wednesday September 6

Regulations | Legal

Nuisance Abatement Action for Removal of Fence in the Town of Laona in Forest County

CANCELED

Date: 09/06/2023

Time: 8:30 a.m. - End of Agenda

Location: Forest County Court House, 200 E. Madison St. - Board Room

Contact 

Susan Burns, Susan.Burns2@wisconsin.gov or 608-266-3865

Details 

This is a public hearing on the Nuisance Abatement Action for the removal of a fence in the bed of Mayflower Lake in the Town of Laona in Forest County.

On October 2, 2020, the Department of Natural Resources (DNR) issued a Notice of Noncompliance to Herbert and Helma Rudolf regarding a roughly 500-foot fence constructed across Mayflower Lake and on the bed of the same and various wetland locations located in the NW ¼ of the NW ¼ of Section 20 and other portions of Section 20 & 17, Township 35 North, Range 14, Town of Laona, Forest County, Wisconsin. The Notice of Noncompliance asserted the construction was completed without required approvals under Wis. Stat. § 30.12(3m) and Wis. Admin. Code § NR 329.02. On January 27, 2023, DNR filed a nuisance abatement action pursuant to Wis. Stat. § 30.03(4)(a) requesting that the Division of Hearings and Appeals hold a hearing and issue an order directing the Rudolfs to remove the fence.

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 Forest County Courthouse, Room #304, 200 East Madison Street, Crandon, Wisconsin from September 6, 2023 to September 8, 2023, commencing at 8:30 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 should 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 2 contested case pursuant to Wis. Stat. § 227.01(3), 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.

Information relating to this matter is 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 9:00 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.

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