Grafft v. Wisconsin Department of Natural Resources

¶ 1. The Wisconsin Department of Natural Resources (DNR) appeals from an order reversing the DNR's denial of James Grafft's application for a permit to construct a permanent boat shelter. The DNR argues that it did not exceed its rule-making authority under Wis. Stat. § 30.l2(3)(c) 1 when it promulgated Wis. Admin. Code § NR 326.055(4)(f), which provides that a permanent boat shelter permit may only be granted for locations adjacent to developed shorelines. Because the administrative rule neither contradicts the legislative intent nor exceeds the bounds of correct interpretation, we conclude…