Helnore v. Department of Natural Resources

¶ 1. James and Constance Helnore own two lots that have been designated as wetlands. They previously built a house on one lot and now want to build a house on the other. Because they have been informed by the Wisconsin Department of Natural Resources that a water quality certificate is unlikely to be granted — a condition precedent to a permit to build —they have instituted this action, claiming that the designation of their property as wetlands constituted a taking. We hold that they first have to pursue administrative remedies, beginning with an application for a WQC. The circuit court made…