Pre-hearing conference on permit to allow city of delafield to place pier on Nagawicka Lake
Date: 12/21/2023
Time: 1:30 p.m. - End of Agenda
Location: Virtual
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.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will conduct a prehearing conference in the above-captioned matter pursuant to Wis. Stat. § 227.44, Wis. Stat. § 227.46(1), Wis. Admin. Code § NR 2.08(5), and Wis. Admin. Code § NR 2.12, on Dec. 21, 2023 at 1:30 p.m., via Microsoft Teams. Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at 608-266-7709. In the alternative, those interested in participating may participate by telephone by calling 608-571-2209 and entering Meeting ID 796 695 967#.
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 discovery schedule, address any other matters as may aid in the disposition of the action, and schedule a date for the contested case hearing. No testimony will be heard at the prehearing conference. However, a date may be selected for a contested case hearing.
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 call the Division of Hearings and Appeals at 608-266-7709 with specific information on your request prior to the date of the scheduled prehearing or hearing.
