AB 177

Under current law, an individual permit or contract from the Department of

Natural Resources (DNR) is required to place a structure or deposit in, or withdraw

water from, a navigable water or to conduct a certain activity in or near a navigable

water unless the structure, deposit or activity is exempt or is authorized by a general

permit.

In issuing a permit or approving a contract, DNR reviews the application,

determines whether it is complete, and notifies the applicant within 30 days after

receiving the application whether the application is complete (30-day review

period). If the application is incomplete, the applicant may supplement the

application, but DNR may not demand items of information that are not specified in

the notice as a condition for determining whether the application is complete, with

limited exceptions. Current law imposes no time limits on this process for

determining whether an application is complete other than the 30-day review

period.

Once DNR determines the application is complete, current law imposes time

limits on the notice and public hearing procedures that apply to the application.

Within 15 days, DNR must provide notice to the public that the application is

complete (application notice). If the applicant has requested a public hearing as part

of the application, a notice of public hearing shall be included in the application

notice.

If the application notice does not contain a notice of public hearing, any person

may request a public hearing, or DNR may decide on its own to hold a public hearing

if DNR determines that there is a significant public interest in holding a hearing.

The public hearing request must be submitted by the interested person, or DNR's

decision to hold a public hearing must occur, within 30 days after DNR provides the

application notice. Within 15 days after the public hearing request is submitted by

an interested person or DNR makes its decision, DNR must give notice of the public

hearing (separate notice of hearing). DNR must hold the hearing within 30 days

after the notice of public hearing is either issued as part of the application notice or

as an independent separate notice of hearing.

Also, DNR must provide a period to receive public comments. This period last

for 30 days after the date on which DNR provides notice to the public that the

application is complete or for ten days after the date that a public hearing ends, if

one is held. Within 30 days after the public hearing is held or, if no public hearing

is held, within 30 days of the 30-day comment period, DNR must render a decision,

issuing the individual permit or contract.

Under the bill, the time limits for giving application notice and notice of public

hearing are not totally dependent on the date that the application is determined by

DNR to be complete. If, upon reviewing the application, DNR determines that the

application is complete and that no additional information is needed, DNR shall