In Troy Paulson v. DNR (2018AP696), the Court of Appeals District III upheld a Department of Natural Resources (DNR) decision to deny Paulson a wetland permit because he failed to timely file for judicial review under Wis. Stat. Ch. 227.

Paulson was seeking a wetland general permit under Wis. Stat. § 281.36(3g) to fill in a wetland on his property. The statute states that DNR has 30 days to issue a decision or request more information on the general permit, otherwise the permittee can continue with the wetland project. DNR may extend the 30-day deadline if weather prevents an accurate on-site inspection.

In this case, DNR notified Paulson 29 days after he submitted his application that they would use a weather extension. Ten days after DNR finally conducted the on-site inspection, DNR issued a decision denying Paulson’s permit. Almost a year after DNR denied his permit, Paulson commenced the instant case against DNR, arguing that DNR did not issue its decision within the 30-day time limit.

The appeals court held that because Paulson’s request for review of a DNR decision falls under the procedures in Ch. 227, Paulson should have filed his lawsuit within 30 days of the DNR decision, as required by Wis. Stat. § 227.53(1)(a)(2m). Because Paulson failed to timely file for judicial review, the court lacked competency to proceed on the case, and case was properly dismissed.