Wisconsin Administrative Code

NR 324.10 Maintaining fishing rafts. (1) A fishing raft owner shall maintain his or her fishing raft in sound condition and according to the standards in this section. (2) All fishing rafts shall conform to the following standards: (a) The owner shall maintain the fishing raft in…

NR 324.11 Flotation device condition, attachment and maintenance. (1) FLOTATION DEVICE CONDITION. (a) Flotation devices shall be constructed airtight or sealed. (b) Any person who uses any flotation device that has previously been used as a container for any substance shall assur…

NR 324.12 Enforcement. Violations of s. 30.126, Stats., and this chapter shall be subject to enforcement under the provisions of ss. 23.50, 23.79, 30.03 and 30.126, Stats., and under applicable municipal ordinances. History: Cr. Register, January, 1985, No. 349, eff. 2-1-85.

NR 324.13 Non-compliance. Any structure placed or maintained below or beyond the ordinary high water mark on the Wolf river and its tributaries from the Shawano dam downstream to Lake Poygan which does not meet the definition of a fishing raft requires authorization under ch. 30,…

NR 325.01 Purpose. These rules are promulgated pursuant to ss. 30.121 and 227.11 (2) (a) and (b), Stats., in order to establish a valuation program for boathouses and fixed houseboats, to define terms used in s. 30.121, Stats., and other terms necessary to the administration of s…

NR 325.02 Applicability. These rules apply to boathouses and fixed houseboats that extend beyond the ordinary highwater mark of navigable waterways. History: Cr. Register, August, 1980, No. 296, eff. 9-1-80.

NR 325.03 Definitions. (1) XAbandonedY means the relinquishment of possession of a boathouse or fixed houseboat by the owner with indications of intent to terminate ownership, which may be evidenced by several factors such as the failure to act to maintain or repair boathouses or…

NR 325.05 Current value. An owner wishing to repair or maintain a boathouse or fixed houseboat shall provide to the department proof of its current value. History: Cr. Register, August, 1980, No. 296, eff. 9-1-80.

NR 325.06 Repair and maintenance cost. Owners of boathouses or fixed houseboats shall obtain a certification from the department that all needed repair and maintenance costs total less than 50% of the current value of the structure prior to performance of the maintenance or repai…

NR 325.07 Certification procedure for repair and maintenance. (1) Except as provided for in s. NR 325.06, owners of boathouses or fixed houseboats wishing to perform maintenance or repairs shall request certification that all required maintenance and repairs do not exceed 50% of …

NR 325.08 Certification procedure for exceptions. (1) Owners wishing to repair or maintain a boathouse or fixed houseboat pursuant to s. 30.121 (3g), Stats., construct, repair or maintain a single-story boathouse pursuant to s. 30.121 (3m), Stats., repair or reconstruct a boathou…

NR 325.09 Standards. (1) MAINTENANCE. In addition to the requirements of s. 30.121 (3), Stats., repair and maintenance of existing boathouses and fixed houseboats shall meet all of the following conditions: (a) Repair and maintenance is limited to the 3-dimensional envelope of th…

NR 325.10 Certification information. (1) REQUIRED INFORMATION. For certification requests filed pursuant to s. NR 325.07, an application form including plans, photographs and a location sketch shall be submitted to the department showing the following information. Note: Applicati…

NR 325.11 No permit necessary. No permit is necessary pursuant to s. 30.12, Stats., for the maintenance and repair of boathouses and fixed houseboats. History: Cr. Register, August, 1980, No. 296, eff. 9-1-80; emerg. renum. from NR 325.10, eff. 4-19-04; CR 04-063: renum. from NR …

NR 325.12 Removal procedure for abandoned boathouses or fixed houseboats. (1) Upon complaint or upon its own motion the department shall initiate the process set forth in s. 31.187, Stats., for the removal of abandoned boathouses or fixed houseboats. (2) The department prior to r…

NR 325.13 Enforcement. (1) Upon complaint or upon its own motion, the department may order the removal of boathouses or fixed houseboats which materially obstruct navigation or are in a major state of disrepair pursuant to the provisions of s. 30.03 (4) (a), Stats. Forfeitures an…

NR 327.01 Purpose and policy. (1) Pursuant to ss. 29.604 (4), 30.10 (2), 30.15, 30.19, 30.20, 30.61 (6) (a), 30.68 (8), 30.74 (2), and 281.31, Stats., the department of natural resources promulgates this chapter regulating the practice of barge fleeting in order to protect public…

NR 327.02 Applicability. This chapter is applicable to existing and future barge fleeting activities in the Wisconsin portions of the Mississippi river and its tributaries. It regulates the use of those waters for barge fleeting, including the installation of structures, physical…

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…