Wisconsin Administrative Code

NR 327.03 Definitions. (1) XAnchorY means a device placed in the bed of a waterway or on the adjacent upland and used to hold barges or other vessels in place while in the fleeting area. (2) XBarge fleetingY means the temporary storage of barges and the disassembly and assembly o…

NR 327.04 Application. (1) No operator may engage in barge fleeting activities in navigable waters of the state without complying with this chapter, except that fleeting activities in existence on December 1, 1982 may continue without a permit until a final permitting decision is…

NR 327.05 Procedure. (1) The applicant shall provide general information on forms provided by the department. (a) Technical information shall be initially submitted on 81|2D  11D reproducible sheets. (b) Final technical information shall be submitted on fullsized (24D  36D) dra…

NR 327.06 Standards. The following standards apply to operation of fleeting areas: (1) No entity or person may engage in barge fleeting without meeting the requirements of s. NR 327.04 (2) (a) on the navigable waterway at the site of the fleeting area. (2) Operators shall utilize…

NR 327.07 Barge fleeting permits. (1) A barge fleeting permit shall be required to authorize barge fleeting activities under and consistent with ss. 30.10, 30.12, 30.15, 30.19, 30.20, 30.61 (5), 30.68 (8), 30.74 (2) and 281.31, Stats. (2) Facilities in existence on December 1, 19…

NR 327.08 Enforcement. (1) Operators shall notify the department within 5 days after the arrival of the first barge into the fleeting area and within 5 days after the departure of the last barge from the fleeting area each year so that the department may inspect the fleeting area…

NR 330.01 Purpose. (1) This chapter establishes procedures and criteria for use in evaluating: (a) Boating use in the vicinity of dams; (b) Boating safety hazards around dams; (c) Boat portaging activity around dams; and (d) Signs, devices and/or portage facilities installed or p…

NR 330.02 Definitions. (1) XCurrentY means the velocity of flowing water. (2) XDamY means any artificial barrier, together with appurtenant works, which does or may impound or divert water. (3) XDepartmentY means the department of natural resources. (4) XGated spillwayY means a v…

NR 330.03 Procedure for determining those dams requiring warning signs, portages and portage signs. (1) The department shall conduct an inspection of all dams on navigable streams with the owner of the dam or the owner[s agent to determine the following: (a) Navigation near the d…

NR 330.04 Devices and portage standards. (1) Standards for signs and devices required by these rules shall conform to the waterway marking system set forth in s. NR 5.09. (a) Placement. 1. Signs or devices advising boaters of a dam. These signs and devices shall be legible a mini…

NR 330.05 Signs and devices specifications. (1) UNIFORM AIDS TO NAVIGATION. Signs, markers and devices required under this chapter shall conform with s. NR 5.09. (2) SIGNS AND PROPORTIONS OF SIGNS, LETTERS AND NUMERALS. (a) Minimum sign size shall be 2 feet by 2 feet, outside dim…

NR 330.06 Dams not inspected pursuant to s. NR 330.03. (1) Dams not inspected pursuant to s. NR 330.03 (1) may be inspected by the department and ordered to comply with 2 the signing and portage requirements of this chapter upon its own motion, or upon written request of any inte…

NR 330.07 Scenic and historic dams. The department may issue a variance from the provisions of this chapter for dams on designated wild and scenic waterways and dams that have been designated as historic landmarks by state or federal agencies. History: Cr. Register, November, 197…

NR 330.08 Severability and construction. Should any section, paragraph, phrase, sentence, clause or word of this chapter be declared invalid or unconstitutional for any reason, the validity of the remainder of the chapter will not be affected thereby. Nothing in this chapter shal…

NR 333.01 Purpose. The purpose of this chapter is to ensure that dams are designed, constructed and reconstructed so as to minimize the danger to life, health and property. This chapter is adopted pursuant to ss. 31.02 (2), 31.19 and 31.33, Stats. History: Cr. Register, May, 1985…

NR 333.02 Applicability. (1) The provisions of this chapter are applicable to dams not owned by the United States government that: (a) Have a structural height of more than 6 feet and a maximum storage capacity of 50 acre-feet or more of water. (b) Have a structural height of 25 …

NR 333.03 Definitions. (1) XAuxiliary spillwayY means a secondary spillway designed to pass water only during flows exceeding the capacity of the principal spillway. (2) XBase flowY means that part of the stream flow that is derived from groundwater and calculated as the 7-day lo…

NR 333.04 Compliance schedules. (1) DAM HAZARD RATING. The department shall assign a dam hazard rating according to the criteria in s. NR 333.06 for all dams subject to the provisions of this chapter. The assignment of a hazard rating shall be based on the findings of a dam failu…

NR 333.05 Submission of plans, specifications and analyses. (1) PLANS AND SPECIFICATIONS. Plans and specifications prepared by a professional engineer registered in the state 2 of Wisconsin shall be submitted to and approved by the department prior to the construction of a new da…

NR 333.06 Dam hazard ratings. (1) A hazard rating of low, significant or high for all existing and proposed dams shall be determined in accordance with the following criteria: (a) Low hazard. A low hazard rating shall be assigned to those dams that have no development unrelated t…

NR 333.07 Hydraulic design and safety requirements. (1) MINIMUM HYDRAULIC CAPACITY. Except as provided in sub. (2), all proposed and existing dams shall have the minimum hydraulic capacity shown in Table I: NR 333.08 Table I Required Spillway Design Capacities Dam Hazard Rating M…

NR 333.08 Construction. (1) Construction of a new dam or reconstruction of an existing dam may not begin until the department approves the plans and specifications submitted under s. NR 333.05. (2) Alterations to any plans or specifications that were approved by the department un…

NR 333.09 Financial assurance. (1) GENERAL RE(a) Except as provided in par. (b), the owner of a dam shall file a bond, escrow account, lien or other financial assurance satisfactory to the department prior to the commencement of construction or reconstruction of the dam. The amou…

NR 335.01 Purpose. The purpose of this chapter is to establish procedures for implementation of the dam maintenance, repair, modification, or abandonment and removal aid program established under s. 31.385, Stats. History: Cr. Register, April, 1991, No. 424, eff. 5-1-91.

NR 335.02 Applicability. (1) This chapter shall apply to applications for state aid in the form of grants for dam maintenance, repair, modification, or abandonment and removal under s. 31.385, Stats. (2) The provisions of this chapter are applicable to dams that: (a) Are owned by…

NR 335.03 Definitions. For the purpose of this chapter: (1) XAbandonmentY means abandonment of the permit or approval of a dam and the removal of the dam in compliance with ch. 31, Stats. (2) XApprovalY means the written approval of the department. (3) XAuthorized representativeY…

NR 335.04 Eligibility for a state grant. (1) Any municipality or lake district that owns a dam in Wisconsin may apply for state aid for repair, modification or abandonment of the dam upon compliance with sub. (2). (2) To be eligible to receive a grant under this chapter, the owne…

NR 335.05 State share. (1) For dam repair, reconstruction or maintenance projects the following cost share provisions shall apply: (a) The state share may not exceed 50% of the first $400,000 of eligible project costs nor more than 25% of the eligible project costs that exceed $4…

NR 335.06 Application and award procedures. Aid available under this program shall be awarded to those projects with the highest points on a priority list, as determined by the procedures and criteria in s. NR 335.09, and in accordance with the procedures in this section. Project…

NR 335.07 Grant application. (1) PROCEDURE. Subject to the availability of funds, the department shall: (a) Solicit applications on an annual basis for projects to be funded under this chapter by providing notice that the application materials are available upon request. (b) Dist…

NR 335.08 Eligible and ineligible costs. (1) ELIGIBLE COSTS. The following project costs, whether incurred under contract or in the form of salaries and benefits, may be reimbursed under this chapter, if the grant is awarded: (a) Actual and reasonable engineering costs incurred i…

NR 335.09 Criteria for priority ranking. (1) The department shall develop a priority ranking process for the purpose of determining funding priorities for applications under this chapter. (2) The department may use an advisory committee to help develop the priority ranking proces…

NR 335.10 Construction period. (1) All construction performed on an eligible project shall be completed in accordance with s. NR 335.12 within one year from the date of the grant award unless the department extends that period for good cause. If an extension is warranted by the c…

NR 335.11 Final project approval. After the project is complete and approved by the owner, the owner shall submit 3 copies of as-constructed plans and specifications, monthly inspection reports prepared by the inspecting engineer on the project, and written certification from the…

NR 335.12 Grant payments. The grantee shall be paid the state share of those eligible project costs which have prior department approval in the following installments: (1) If the dam is repaired or modified: (a) 50% of the state share of total eligible costs, of the engineering c…

NR 335.13 Adoption of land use controls in the hydraulic shadow. If the grantee or the municipality responsible for the implementation of land use controls in the hydraulic shadow, or both, fail to adopt the land use controls necessary to secure the dam hazard rating in accordanc…

NR 335.15 Variances. The department may approve variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that variances are essential to effect necessary grant actions or program objectives, and where special circumstan…

NR 335.16 Dam grant inventory. (1) Projects will be added to the dam grant inventory after receipt of an application. By signing the application, the applicant is acknowledging they are aware the dam will be placed on the dam grant inventory. (2) As part of the application, the d…

NR 336.01 Purpose. The purpose of this chapter is to establish procedures to implement a dam removal financial assistance grant program, as provided for in s. 31.385, Stats.

NR 336.02 Applicability. This chapter applies to: (1) Counties, cities, townships, villages, public inland lake protection and rehabilitation districts, tribes or private dam owners for the removal of dams they own. (2) Any person, including a state agency, who has obtained legal…

NR 336.03 Definitions. The following definitions are applicable to this chapter: (1) XAbandoned damY means a dam declared abandoned using the process under s. 31.187, Stats. (2) XDam grant inventoryY means the list of dams maintained by the department, that require a dam safety p…

NR 336.04 Variances. The department may approve in writing a variance from a requirement of this chapter if the department determines that a variance is essential to effect necessary grant actions or program objectives and where special circumstances make a variance in the best i…

NR 336.05 General provisions. (1) (a) Projects may be added to the dam grant inventory after receipt of an application. By signing the application, the applicant is acknowledging they are aware the dam will be placed on the dam grant inventory. (b) As part of the application, the…

NR 336.06 Applications. (1) Applications shall be made on department provided forms. The signed application shall be delivered to the department at the address specified on the application materials. Acceptable delivery methods shall be defined in the application materials. (2) T…

NR 336.07 Determination of project eligibility. (1) Within 60 calendar days of application receipt, the department shall notify the applicant in writing of its determination of eligibility. (2) When funds are available, eligible applicants shall receive a grant award specifying t…

NR 336.08 Project priority list. The department shall maintain a list containing the order of projects eligible for funding. The order of funding is based on the date when the department receives the application. Applications received on the same date shall be randomly selected a…

NR 336.09 Eligible and ineligible costs for dam safety projects. (1) ELIGIBLE COSTS. Reasonable and necessary project costs that are consistent with the project scope and incurred during the project period are eligible for grant funds, as follows: (a) Eligible costs may include, …

NR 336.10 Grant awards. (1) The grant award for a dam removal project is 100% of the eligible project cost not to exceed $50,000 or the maximum award amount identified in the application materials and may be limited by availability of grant funding. (2) An awarded grant may be te…

NR 340.01 Purpose. (1) This chapter is promulgated pursuant to ss. 30.19, 30.195, 30.20, and 227.11, Stats., in order to accomplish consistency in the application of ss. 30.19, 30.195 and 30.20, Stats., to nonmetallic mining and to give effect to the purpose for which those secti…

NR 340.015 Policy. (1) The natural resources board recognizes, and has taken into consideration, the sensitivity of streams to the large-scale removal of native materials from the streambed and immediate banks. The potential consequences of this removal can be significant where t…