From Legal Counsel Bill O'Connor Part II

In addition, the hearing examiner failed to address the Joint Petitioners’ arguments that the wetland standards established as DNR administrative rules in ch. NR103 are not applicable to water level proceedings.

As the Joint Petitioners pointed out in their briefs, the chapter of the Wisconsin Statutes that authorizes DNR to promulgate those standards expressly excludes proceedings involving the regulation of dams from their application.

We were greatly disappointed that the hearing examiner failed to address the NR103 argument at all and gave only superficial analysis to the significant question concerning the scope of property rights that are protected in water level proceedings.