Wisconsin Administrative Code

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…

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…