Wisconsin Administrative Code

NR 340.02 Definitions. In this chapter and in ss. 30.19, 30.195 and 30.20, Stats.: (1) XAbandonment of operationsYmeans the cessation of nonmetallic mining operations for more than 180 consecutive days where the cessation is not specifically set forth in an operator[s application…

NR 340.03 Applicability. (1) Except as provided in s. NR 340.035, this chapter applies to all nonmetallic mining operations that require: (a) A permit or contract pursuant to s. 30.20, Stats., to remove material from the bed of a natural navigable waterway or a public artificial …

NR 340.035 Exemption. This chapter does not apply to nonmetallic mining operations of less than one acre where the department determines that there is little likelihood for adverse environmental effects. However, permits pursuant to ss. 30.19, 2 30.195 and 30.20, Stats., are requ…

NR 340.04 Permit application. The application for a s. 30.19, 30.195 or 30.20, Stats., permit shall be submitted by the operator on a form provided by the department and shall include the following: (1) A description of the existing natural and physical conditions of the site, in…

NR 340.05 Operation and reclamation plans. Each permit application shall include, in addition to information required in s. NR 340.04, an operation schedule and a detailed plan describing: (1) The location, extent, depth and manner of operations anticipated for each stage of a st…

NR 340.055 Financial assurance. A bond or alternative financial assurance is required for each site and multiple sites of less than one acre by the same operator, except that government units are not required to obtain bonds or alternative financial assurance. (1) NOTIFICATION. T…

NR 340.06 Permits. (1) Permits shall be granted where the department finds that the provisions of this chapter and the relevant standards contained in ss. 30.19, 30.195 and 30.20, Stats., have been met. (2) The initial permit issued to an operator shall be valid for a period not …

NR 340.07 Violations. (1) An operator found either conducting project operations without the required permits or violating the conditions of a permit shall be ordered to cease all operations immediately and submit a reclamation plan for the land already affected. Continued operat…

NR 340.08 Permit modifications. (1) An operator, at any time prior to expiration of the permit, may apply for amendment or cancellation of a permit or for a change in the reclamation plan for a site. The application describing the amendment, cancellation or change shall be submit…

NR 340.09 Permit extensions. (1) Requests for permit extensions shall be submitted in writing to the department prior to the expiration date of the existing permit. (2) No permit extension may be granted unless the operation is in compliance with the terms of the existing permit.…

NR 340.10 Inspections. Each operation shall be inspected by department personnel at least once annually to ensure that the operation is in conformance with the operation[s permit and progressive reclamation plan. History: Cr. Register, August, 1991, No. 428, eff. 9-1-91. the chap…

NR 341.01 Purpose. The purpose of this chapter is to establish criteria defining those activities needing a grading permit for grading sites as required by s. 30.19 (1g) (c), Stats.; and to specify permit requirements necessary to protect public rights and interest and to protect…

NR 341.02 Applicability. (1) GRADING SITES. This chapter applies to activities regulated under s. 30.19 (1g) (c), Stats. An application for a grading permit shall be filed with the department pursuant to ch. NR 300 by any person that intends to grade or remove soil from the bank …

NR 341.03 Definitions. For the purposes of this chapter the following definitions apply: (1) XAgricultural use of landY means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping. Th…

NR 341.035 Bank determination. (1) DETERMINATION OF THE BANK. For purposes of establishing jurisdiction un- B OHWM (Ordinary High Water C ) A 51' 45' ³ 12% 20' 65' 85' Figure 1: Sample bank determination. In this example the bank extends to C — 85 feet. (b) Priority navigable wat…

NR 341.04 Grading application. All of the following information shall be submitted for a grading application: the chapter was last published. 3 DEPARTMENT OF NATURAL RESOURCES (1) OWNERSHIP. A copy of the deed, lease, land contract or other document showing ownership of the proje…

NR 341.05 Erosion control plan requirements. (1) SITE-SPECIFIC PLAN. Any person required to submit an application for a grading permit under this chapter shall develop a site specific erosion control plan in accordance with s. NR 216.46. (2) SITE MAP REQUIREMENTS. Each grading si…

NR 341.06 Stormwater management plan requirements. Pollution caused by stormwater discharges from the grading site after construction is completed, including rooftops, parking lots, roadways and the maintenance of grassed areas, shall be addressed by a stormwater management plan.…

NR 341.07 Construction site inspections and maintenance. Any person required to submit an application for a grading permit under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4).

NR 341.08 General permit for project sites. (1) PROCEDURES. (a) General permits shall be processed according to the procedures in ch. NR 300. Note: Where there is overlapping jurisdiction between ch. NR 216 and this chap- the chapter was last published. NR 341.08 WISCONSIN ADMINI…

NR 341.09 Individual permits. (1) PROCEDURES. (a) Individual permits shall be processed according to the procedures in ch. NR 300. (b) If the department determines that a grading application submitted under this section has the potential to impact an endangered or threatened spec…

NR 341.10 Enforcement. (1) Noncompliance with the provisions of ss. 30.19 and 30.206, Stats., this chapter, or any conditions of a general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may seek abateme…

NR 343.01 Purpose. The purpose of this chapter is to establish criteria defining those activities needing a permit for a pond or artificial water body as required by s. 30.19 (1g) (a) and (am), Stats.; and to specify permit requirements necessary to protect public health, safety,…

NR 343.03 Definitions. For the purposes of this chapter, the following definitions are applicable: (1) XAgricultural use of landY means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beek…

NR 343.04 Pond or artificial water body application. All of the following information shall be submitted for a pond or artificial water body application: (1) OWNERSHIP. A copy of the deed, lease, land contract or other document showing ownership of the project site. (2) PHOTOS. P…

NR 343.05 Erosion control plan requirements. (1) SITE-SPECIFIC PLAN. Any person required to submit an application for a pond or artificial water body under this chapter shall develop a site specific erosion control plan in accordance with s. NR 216.46 (1) to (4). (2) SITE MAP REQ…

NR 343.06 Construction site inspections and maintenance. Any person required to submit an application for a pond or artificial water body under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4).

NR 343.07 General permit. (1) PROCEDURES. (a) General permits shall be processed according to the procedures in ch. NR 300. (b) If the department determines that a pond or artificial water body application submitted under this section has the potential to impact an endangered or …

NR 343.08 Individual permits. (1) PROCEDURES. (a) Individual permits shall be processed according to the procedures in ch. NR 300. (b) If the department determines that a pond or artificial water body application submitted under this section has the potential to impact an endange…

NR 343.09 Requirement for public access. A permit issued under this chapter to construct a pond or artificial waterbody and to connect it to a navigable waterway shall require that the navigable portion of the pond or artificial waterbody be a public waterway if the connecting po…

NR 343.10 Enforcement. (1) Noncompliance with the provisions of ss. 30.19 and 30.206, Stats., this chapter, or any conditions of a general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may seek abateme…

NR 345.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for removal of material from the beds of navigable waterways as regulated under s. 30.20, Stats., in order to protect…

NR 345.02 Applicability. This chapter applies to removal of material from the bed of navigable waterways under s. 30.20 (1), (1g) (b), (1m), (1t) and (2), Stats. Any person that intends to remove material from the bed of a navigable waterway shall comply with all applicable provi…

NR 345.03 Definitions. (1) XArea of special natural resource interestY has the meaning in s. 30.01 (1am), Stats., and as identified by the department in s. NR 1.05. Note: XArea of special natural resource interestY means any of the following: (a) A state natural area designated o…

NR 345.04 Dredging. (1) EXEMPTIONS. (a) Procedures. Exemptions shall be processed according to the procedures in ch. NR 300. (b) Applicable activities. The dredging of a farm drainage ditch which was not a navigable stream before ditching that meets all of the standards in par. (…

NR 345.05 Enforcement. (1) Noncompliance with the provisions of ss. 30.20 and 30.206, Stats., this chapter, or any conditions of an exemption, general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may …

NR 346.01 Purpose. These rules are promulgated pursuant to ss. 30.20 (2) (a) and 227.11 (2) (a) and (b), Stats., to establish a commercial and noncommercial class of dredging projects, to provide for bonding and to establish procedures applicable to the removal of material from t…

NR 346.02 Applicability. All removal of bed material from the beds of natural lakes and the natural bed portions of raised lakes regulated by s. 30.20 (2) (a), Stats., must involve a contract between the person removing the material and the state of Wisconsin. The contract is req…

NR 346.03 Definitions. (1) XApplication feeY means a fee required by s. 30.28, Stats., consisting of a basic $10 fee plus a supplemental fee ranging from $5 to $65 in proportion to the project cost. (2) XBed materialY means all earth, muck, sands and gravels, clays, marl, stones …

NR 346.05 Fees. (1) Permit application fees shall be paid in accordance with the specifications in s. 30.28, Stats., and this chapter. (2) Except as provided in sub. (3), a fee of $1 shall be charged for the removal of bed material from natural lakes. (3) A fee will be charged fo…

NR 346.06 Bonding. (1) A performance or surety bond may be required for noncommercial removal projects regulated by this chapter. The bond amount shall be equal to the estimated cost for restoration of dangerous conditions or undesirable environmental conditions as determined by …

NR 346.07 Procedure. (1) FEE SCHEDULES. (a) Application fees shall be submitted as a part of a complete application for a contract to remove material from the beds of natural lakes. The application fee shall be remitted to the applicant if the requested dredging contract is denie…

NR 346.08 Enforcement. (1) If the department determines that the dredging contract has not been properly completed, it may initiate action to cause the applicant or applicant[s agents to comply with the terms of the contract. (2) For dredging contracts with bonds where the applic…

NR 346.09 Municipal dredging projects. Dredging from the beds of natural lakes by municipalities defined in s. 291.01 (12), Stats., may be done with no compensation to the state if the material dredged is for a municipal purpose and not for resale. History: Cr. Register, Septembe…

NR 347.01 Purpose and policy. (1) The purpose of this chapter is to protect the public rights and interest in the waters of the state by specifying definitions, sediment sampling and analysis requirements, disposal criteria and monitoring requirements for dredging projects regula…

NR 347.02 Applicability. The provisions of this chapter apply to the removal and disposal of material from the beds of waterways except where exempted by statute. History: Cr. Register, February, 1989, No. 398, eff. 3-1-89.

NR 347.03 Definitions. (1) XAnalyteY means the chemical substance or physical property being tested for in a sample. (2) XBathymetryY means the measurement of depth of water in lakes or rivers to determine lake or river bed topography. (3) XBeach nourishment disposalY means the d…

NR 347.04 Permits, approvals and reviews required. (1) The following are the permit, approval and review requirements for dredging projects: (a) Except where otherwise provided by law, all private and municipal dredging projects require a permit or contract under s. 30.20, Stats.…

NR 347.05 Preliminary application and analytical requirements. (1) Prior to submission of a formal application, anyone seeking to remove material from the beds of waterways shall provide the department with preliminary information including: (a) Name of waterbody and location of …

NR 347.06 Sampling and analysis. Upon completion of the initial evaluation, the department shall establish sampling and analysis requirements. (1) EXCEPTION. Except as provided in subs. (3) (a) and (6), the applicant shall collect and analyze data on sediments to be dredged in th…