Wisconsin Administrative Code

NR 300.04 Waterway exemptions. (1) APPLICABILITY. This section applies to all of the waterway exemptions specified in subch. II of ch. 30, Stats. (2) ELIGIBILITY. A person may only undertake a waterway activity that is exempt from permitting under ch. 30, Stats., if the proposed …

NR 300.05 Wetland exemptions. (1) ELIGIBILITY. No property owner or person on behalf of a property owner may discharge dredged material or fill material into a wetland unless all of the following requirements are met: (a) The proposed activity complies with all applicable eligibi…

NR 300.06 Waterway and wetland general permits. (1) ELIGIBILITY. To be eligible for authorization under a general permit pursuant to s. 30.12, 30.123, 30.19, 30.20, 30.206, 30.2065, or 281.36, Stats., an activity shall meet all applicable standards of the general permit and shall…

NR 300.07 Waterway and wetland individual permits. (1) APPLICABILITY. To be eligible for authorization under an individual permit, an activity shall meet all standards for the individual permit in ch. 30, Stats., and s. 281.36, Stats., the rules in this chapter, the rules specify…

NR 300.08 Notices and public comment. (1) NOTICE OF PENDING APPLICATION. (a) Within 15 days after the date of closure under s. NR 300.07 (4) (a) 5., the department shall send the applicant a public notice of pending application if the the chapter was last published. NR 300.08 WIS…

NR 300.09 Individual permit decision. (1) DECISION (a) The department shall render a decision to approve, deny, or modify an individual permit within the applicable statutory timelines. (b) Timelines listed in s. 281.36 (3m) (i), Stats., may be modDATE. 6 ified for individual per…

NR 300.10 Dam permits, approvals, and determinations. (1) For any permit, approval, or determination made under ss. 31.02 to 31.38, Stats., the applicant shall submit, as requested by the department, at any time during the review process, additional information the department fin…

NR 300.11 Waterway and wetland permit fees. (1) WETLAND PERMIT FEES. The application fee for an authorization to proceed under a wetland general permit under s. 281.36 (3g), Stats., is $600. The application fee for a wetland individual permit under s. 281.36 (3m), Stats., is $1,7…

NR 300.12 General. Regulatory decisions under subch. I may require water quality certification. Note: Clean Water Act Section 402 and 404 permits may require state certification.

NR 300.13 Notification. It is the responsibility of the U.S. army corps of engineers to inform the department as the certifying agency when a water quality certification action is required. NR 300.17

NR 300.14 Process. The department shall work with persons and the U.S. army corps of engineers to ensure that all procedural requirements of Clean Water Act Section 401 are implemented. The department may enter into a memorandum of understanding with the U.S. army corps of engine…

NR 300.15 Waiver. The department shall waive water quality certification requirements for projects authorized under ss. NR 300.04 and 300.05. The department shall also waive water quality certification requirements for projects that do not impact waters of the state. The departme…

NR 300.16 Individual water quality certification decisions. If the U.S. army corps of engineers determines that an individual water quality certification decision is required, the department shall use the individual permit review process and comply with the applicable timelines s…

NR 300.17 Navigability and ordinary high water mark determinations. (1) TYPES OF DETERMINATIONS. Any person who owns or leases land or acting as an agent of the property owner may request that the department provide any of the following determinations for the fee specified under …

NR 300.18 Wetland determinations. (1) WETLAND IDENTIFICATION AND CONFIRMATION SERVICE. (am) Any person who requests a wetland identification or confirmation service from the department under s. 23.321, Stats., shall use standard request protocols and submittal requirements that a…

NR 300.20 After-the-fact permits. (1) Except as provided under sub. (3), the department may process an after-thefact permit application for a regulated project that was initiated or completed prior to receiving a permit authorizing that activity. The after-the-fact permit may be …

NR 300.21 Relationship of enforcement and permit proceedings. The department shall not process after-the-fact permit or approval applications under s. NR 300.20 prior to the completion of any enforcement actions if any of the following apply: (1) The project is causing or is like…

NR 300.22 Relationship of enforcement and confirmations. The department shall not process an ordinary high water mark or navigability confirmation request pursuant to s. NR 300.17 prior to the completion of any enforcement action if any of the following apply: (1) Department staf…

NR 300.23 Exceptions to time limits. (1) When a contested case hearing is required because of objections to the granting of a permit or approval by the department, or when such a hearing is scheduled on the department[s own motion, the department[s decision shall be provided to t…

NR 300.24 Inspection authority. (1) For purposes of making a regulatory decision under subchs. I to IV or determining compliance with a project authorized under a regulatory decision under subchs. I to IV, the department may do any of the following: (a) Enter and inspect any prop…

NR 302.01 Purpose. The purpose of this chapter is to establish a management program designed to protect legislatively designated wild rivers from development so as to afford the people of this state an opportunity to enjoy those rivers in their natural and free-flowing condition …

NR 302.02 Definitions. (1) XWild riversY for the purpose of this chapter are those rivers designated by the legislature in s. 30.26, Stats., namely: (a) The Pike river in Marinette county from its mouth in section 3, township 34 north, range 21 east, upstream to the headwater bra…

NR 302.03 Management of lands adjacent to wild rivers. (1) On lands owned or under control of the department by lease, easement or agreement, the department may: (a) Carry out erosion control measures necessary to protect the lands within the protection zone from erosion caused b…

NR 302.04 Wild rivers alteration. (1) DAMS. To preserve the free flowing state of wild rivers, no man-made dams or other man-made structures which impound water shall be permitted on such rivers with the exception of those projects, licensed by the federal energy regulatory commi…

NR 302.05 Department cooperation. The department shall consult with state, federal and local governmental bodies and their planning agencies in the development of a program for the preservation, protection and enhancement of the wild rivers. History: Cr. Register, March, 1979, No…

NR 302.06 Utility corridors. (1) On other than department owned or controlled land, the department shall, to the best of its ability coordinate with all interested governmental units and other interested persons in the location of proposed utility corridors crossing or affecting …

NR 302.07 Municipal and department of transportation public highway bridges. (1) The provisions of this chapter do not apply to the replacement, reconstruction, maintenance or repair of department of transportation public highway bridges falling within the provisions of s. 30.202…

NR 320.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits, and individual permits for all of the following activities in order to protect the public rights and interests in the navigable, public wat…

NR 320.02 Applicability. (1) BRIDGES AND CULVERTS This chapter applies to construction, placement, and maintenance of bridges and culverts in or over navigable waterways as regulated under s. 30.123, Stats. Any person that intends to construct, place, or maintain a bridge or culv…

NR 320.03 Definitions. In this chapter: (1) “Area of special natural resource interest” has the meaning given in s. 30.01 (1) (am), Stats. Note: Information and lists can be obtained by contacting the department or found on the department’s website at https://dnr.wisconsin.gov, k…

NR 320.035 Statute definitions. (1) For purposes of s. 30.133, Stats.: (a) “Similar conveyance” means any transfer other than an easement in excess of 2 years. (b) “Similar conveyance” does not include a lease of a marina facility to an operator of the facility. (2) In s. 30.12 (…

NR 320.04 Exemptions. (1) APPLICABLE ACTIVITIES. This section applies to the exempt structures and crossings listed in ss. 30.12, 30.123, and 30.13, Stats. A structure or crossing that meets the general standards in sub. (3) and the relevant structure or crossing specific standar…

NR 320.05 Statewide general permit development. (1) PROCEDURES. The department shall develop general permits in accordance with procedures under ss. 30.206 and 30.2065, Stats., and process general permit applications in accordance with the procedures in ch. NR 300. (2) APPLICABLE…

NR 320.06 Individual permits. (1) PROCEDURES. The department shall process individual permit applications according to the procedures in ch. NR 300. (2) APPLICABLE ACTIVITIES. A structure or crossing that is not exempt under s. 30.12, 30.123, or 30.13, Stats., and is not authoriz…

NR 320.07 Municipal breakwater permits. (1) ELIThe department may issue permits for placement of breakwaters in the following water bodies: (a) Castle Rock and Petenwell flowages, Adams and Juneau counties. (b) Lake Koshkonong, Dane, Jefferson, and Rock counties. (c) Beaver Dam l…

NR 320.08 Navigability standards for bridges and culverts. (1) A new bridge or culvert or replacement of an existing bridge or culvert spanning a navigable waterway regulated under this chapter shall, except as provided in this section, maintain a clearance of not less than 5 fee…

NR 320.09 Riparian rights determinations. In order to determine whether a pier or boat shelter interferes with the rights of an adjacent riparian, a riparian may use any of the following methods they determine most fully meets the Wisconsin supreme court ruling in Rondesvedt v. R…

NR 320.10 Culvert sizing. Project proponents and department staff shall use any of the following calculation and assessment methods for potentially exempt culverts under s. NR 320.04 (10) and culvert individual permit applications under s. NR 320.06. (1) CALCULATION OF REQUIRED C…

NR 320.11 Site assessment methods for erosion control structures on inland lakes and flowages. Applicants and department staff shall use any of the following data requirements and site assessment methods for potentially exempt riprap under s. NR 320.04 (12) and shoreline erosion …

NR 320.12 Site Assessment methods for erosion control structures on streams. Applicants and department staff shall use the following data requirements and site assessment methods for potentially exempt riprap under s. NR 320.04 (12) and shoreline erosion control structures indivi…

NR 320.13 Enforcement. (1) No person may place a structure in, or a crossing in or over, a navigable waterway if the the chapter was last published. NR 320.13 WISCONSIN ADMINISTRATIVE CODE activity is not eligible for an exemption, authorized by a general permit or individual per…

NR 324.01 Purpose. These rules are developed pursuant to ss. 30.126 (5) (g), (j) and (6) (a) and 227.11 (2) (a) and (b), Stats., to establish minimum standards for flotation devices used on fishing rafts, for maintenance and repair of fishing rafts to ensure an aesthetically plea…

NR 324.02 Applicability. This chapter shall apply to all fishing rafts on the Wolf river and its tributaries from the Shawano dam downstream to Lake Poygan. History: Cr. Register, January, 1985, No. 349, eff. 2-1-85.

NR 324.03 Definitions. (1) XFishing raftY has the meaning given in s. 30.01 (1p), Stats., and may include a boat when it is not normally used as a means of transportation on water and when it is normally retained in place by means of a permanent or semi-permanent attachment to th…

NR 324.04 Registration and transfer. (1) Any person constructing, placing or maintaining a fishing raft on authorized portions of the Wolf river and its stream tributaries shall register NR 324.08 NR 324.09 NR 324.10 NR 324.11 NR 324.12 NR 324.13 Numbering pattern. Displaying fis…

NR 324.05 Application for registration. An application for new or renewal fishing raft registration shall contain the following information: (1) The owner[s name; (2) The owner[s address, including ZIP code, and telephone number; (3) The name of the municipality in which the fish…

NR 324.06 Registration fee. (1) The annual fishing raft registration fee shall be $5 and shall accompany each new or renewal registration application. (2) A fee is not required for a transfer of ownership application if the previous owner has paid the fee for that calendar year. …