A.
Authority. Under authority of Ch. 68 (Municipal Administrative Procedure),
Wis. Stats., created under § 59.70(19) (Environmental protection
and land use), Wis. Stats., and acting as an appeal authority under
§ 68.09(2) (Review of determination), Wis. Stats., LCC is
authorized to hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination by the
LCD in administering this chapter.
B.
Who may appeal. Appeals may be taken by any person having a substantial
interest that is adversely affected by the order, requirement, decision
or determination made by the LCD.
C.
Procedure. The rules, procedures, duties and powers of the LCC and
provisions of Ch. 68, Wis. Stats., (Municipal administrative procedure),
shall apply to appeals under this chapter.
(1)
A request for an appeal shall be filed with the LCD within 30 days
of action or decision to be appealed. The appeal request shall specify
whether an interpretation of this chapter or a variance is sought
and the grounds thereof.
(2)
The appeal shall be heard by the LCC at a regularly scheduled meeting
with public notice as required by § 19.81 (Declaration of
policy), Wis. Stats. The appeal shall be heard within 60 days of the
date the appeal is filed with the LCD. A copy of the meeting notice
shall be sent to the applicant. The LCD shall transmit to the LCC
all documents constituting the record from which the appeal was taken.
(3)
A written decision regarding the appeal shall be made within 45 days
of appeal hearing.
(4)
The final decision on an appeal shall be in the form of a written
determination signed by the chairperson or vice chair of the LCC.
The determination shall state the specific facts that are the basis
for the LCC's decision and shall affirm, reverse, vary or modify
the order, requirement, decision or determination appealed, in whole
or in part; deny the appeal for lack of justification; or grant or
deny the application for a variance. The reasons or justification
for granting an appeal that was demonstrated by the applicant in the
case of a variance shall be clearly stated in the recorded minutes
of the LCC meeting.
(5)
The decision of the LCC may be appealed to the circuit court as set
forth in § 68.13 (Judicial review), Wis. Stats.
A.
The LCC may upon appeal authorize a variance from the requirements
of this chapter when, upon showing by the applicant, unnecessary hardship
would result from literal enforcement of this chapter. The granting
of a variance for unnecessary hardship shall:
(2)
Not permit an activity or practice that may fail structurally or
otherwise and cause significant water pollution or other off-site
impacts.
(3)
Be due to unique circumstances and not to the general conditions
of the area.
(4)
Not be granted for a self-created hardship.
(5)
Not be granted unless it is shown that the variance will not be contrary
to the public interest and will not be damaging to the rights of other
persons.
(6)
Not be granted solely on the basis of economic gain or loss.
(7)
Not be granted solely on the fact that certain conditions existed
prior to the effective date of this chapter.
B.
The LCC may authorize a variance from the requirements of this chapter
contingent on the applicant's receiving a variance from the technical
standards through the Natural Resource Conservation Service or other
qualified engineering authority. The LCC may also authorize a variance
from the requirements of this chapter contingent on the LCC receiving
a variance from the state performance standards through the Wisconsin
Department of Natural Resources.
