AB 421

Under current law, the Department of Natural Resources (DNR) regulates

certain activities that occur in or near navigable waterways. DNR also administers

environmental laws, including laws relating to air and water quality.

Regulation of activities in or near navigable waterways

In order for a person to conduct an activity in or near a navigable waterway, the

person may be required to obtain one or more permits from DNR. Among the permits

that DNR issues are permits to place structures or deposit material into navigable

waters, and permits to remove material from the beds of navigable waters. Under

current law, some activities are exempted from these permitting requirements, some

activities require that the person be issued an individual permit for the activity, and

some activities are authorized under general permits. Under current law, a person

must seek authorization from DNR to proceed under a general permit. If DNR does

not inform the person within a certain time frame that an individual permit is

required, the person may conduct the activity pursuant to the general permit. DNR

may also require that a person be issued an individual permit for an exempt activity

or for an activity authorized under a general permit under certain circumstances.

Procedures in issuing individual permits

In issuing an individual permit, 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 must 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 issued either as part of the application notice or