Kohler proposed golf course: Court upholds denial of wetland permit
SHEBOYGAN, Wis. - A state appeals court upheld on Tuesday, Dec. 5 a decision denying a wetland permit to Kohler Co. for a new golf course.
Kohler proposes an 8,000-yard, 18-holf golf course in Sheboygan County near Kohler-Andre State Park "that is rated in the top fifty golf courses in the world and has the potential to host major championship golf events," as described in Tuesday’s ruling.
To build the course, Kohler Co. wanted a "wetland individual permit" to discharge dredged material or fill material into 3.69 acres of wetlands. The DNR granted the permit, but the ruling was appealed. An administrative law judge overturned the decision, and a circuit court upheld that ruling. Kohler then appealed.
In a 49-page ruling issued Tuesday, the Court of Appeals upheld the previous decisions.
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"In all, we conclude that WIS. STAT. 281.36(3n)(b) and (c) require the DNR to consider impacts and activities beyond regulated, direct wetland fill. See also WIS. ADMIN. CODE NR 103.03(1). Additionally, the ALJ’s decision is supported by substantial evidence. Namely, the ALJ’s decision that the DNR did not have the information necessary to make a 281.36(3n)(c)3. determination is supported by substantial evidence—i.e., one that reasonable minds could reach— and the decision did not "depend" on cumulative impact findings. Further, the ALJ did not err in reversing the DNR’s decision without modifying the permit. Lastly, the ALJ did not require Kohler or the DNR to make "quantitative findings" with regard to secondary impacts," the ruling states.
The decision could be appealed to the Wisconsin Supreme Court.