Wisconsin Administrative Code

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…

NR 347.07 Review procedures and review criteria. (1) When sediment sampling and analyses have been completed, the applicant shall submit a copy of the testing report to the department. This report shall include raw data for all analyses, a map of the project area showing the spec…

NR 347.08 Monitoring, reporting and enforcement. (1) SURVEILLANCE. (a) The permittee shall contact the department 5 business days prior to the commencement of dredging to provide an opportunity for the department to review all required environmental safeguards to ensure they are …

NR 35.01 Jack pine budworm. The following designated areas are established as zones of infestation of the jack pine budworm pursuant to and subject to the provisions of s. 26.30, Stats.: (1) (2) BAYFIELD COUNTY Township 44 north, range 9 west Entire township Township 45 north, ra…

NR 350.001 Purpose; authority. (1) The purpose of this chapter is to establish standards for mitigation decisions related to regulated wetland impacts and to establish standards and procedures for the planning, implementation, maintenance, and monitoring of wetland compensatory m…

NR 350.002 Applicability. (1) This chapter applies to all the following: (a) Permitted and exempt wetland impacts requiring mitigation under s. 281.36, Stats. (b) Wetland compensatory mitigation projects, including private mitigation bank, in-lieu fee program, and permittee-respo…

NR 350.003 Definitions. In this chapter: (1) XAs-built reportY means a document summarizing the completed construction activities on a mitigation bank site, including any changes to the construction plan that occurred. (2) XBank service areaY or Xservice areaY means the geographi…

NR 350.004 Mitigation alternatives. (1) For mitigation required under the issuance of wetland individual permits per s. 281.36 (3n) (d), Stats., and for a discharge that is exempt from permitting requirements under s. 281.36 (4n) (b) or (c), Stats., the department may, in consult…

NR 350.005 Amount of compensatory mitigation required. (1) The department shall determine the amount of mitigation required for adverse impacts to wetlands associated with a wetland individual permit under s. 281.36 (3n) (d), Stats., or an exemption under s. 281.36 (4n) (b) or (c…

NR 350.006 Site crediting. (1) For mitigation bank projects under ss. NR 350.008 to 350.009, and permittee-responsible mitigation projects under s. NR 350.011, the department may evaluate the wetland function that will be restored, created, enhanced, or preserved by a mitigation …

NR 350.007 Prospectus and compensation site plan requirements. (1) PROSPECTUS. For mitigation bank projects as described in ss. NR 350.008 to 350.009, a mitigation sponsor shall prepare and submit a prospectus. (2) PROSPECTUS PURPOSE. The purpose of the prospectus is to provide a…

NR 350.008 Process for establishing a mitigation bank. (1) PROCESS. (a) A mitigation bank sponsor shall prepare and submit a mitigation bank prospectus to the department under s. NR 350.007 (1) to (3). (b) Within 90 days of receipt of a bank prospectus, the department shall provi…

NR 350.009 Mitigation bank operation. (1) GENERAL. (a) An approved mitigation bank instrument is the record of department and interagency review team concurrence on the objectives and administration of a mitigation bank. The secretary or the secretary[s designee shall sign for th…

NR 350.010 Department in-lieu fee program operation. (1) GENERAL. The department shall sponsor an in-lieu fee mitigation program to provide mitigation options to permittees required to mitigate for adverse impacts associated with a wetland individual permit under s. 281.36 (3n) (…

NR 350.011 Permittee-responsible mitigation. (1) GENERAL. A permittee-responsible mitigation project must ensure that wetland impacts are compensated for through long-term site protection as described under sub. (2), through the implementation of an approved compensation site pla…

NR 350.012 Enforcement. (1) Violations of this chapter may be prosecuted by the department under chs. 23, 30, 31, 281, and 283, Stats. (2) Any agent or employee of the department shall at all times be given reasonable access to any and all parts of a project site and may enter up…

NR 351.01 Applicability; purpose. (1) APPLICABILITY. This chapter applies to all activities located in nonfederal wetlands exempted from state water quality certification under s. 281.36 (4) and (5), Stats. (2) PURPOSE. This chapter is adopted under s. 281.36 (6), Stats., to iden…

NR 351.02 Definitions. The definitions contained in s. 281.36 (1), Stats., apply to the terms used in this chapter.

NR 351.03 Exemptions from water quality certification. The exempted activities for which this chapter is applicable to are those under s. 281.36 (4), Stats.

NR 351.04 Inapplicability of exemptions from water quality certification. This chapter applies to all activities that meet the conditions and criteria pursuant to s. 281.36 (4) and (5), Stats.

NR 351.05 Incorporation by reference. The following federal regulations, rules, memoranda of agreement, guidance letters, interpretive documents or other provisions established by a federal agency that is promulgated or adopted pursuant to s. 33 USC 1344 (f) or that is used to in…

NR 352.01 Applicability; purpose. (1) APPLICABILITY. This chapter applies to all nonfederal wetlands as defined in s. 281.36 (1) (c), Stats. Note: Section 281.36 (1) (c) was repealed by 2011 Wis. Act 118. (2) PURPOSE. This chapter is adopted under ss. 281.36 (1m) and (2m), Stats.…

NR 352.02 Definitions. The definitions contained in s. 281.36 (1), Stats., apply to the terms used in this chapter.

NR 352.03 Incorporation by reference. All of the following federal manual, memoranda, guidelines, regulatory guidance letters or other provision established by the U.S. army corps of engineers interpreting the 1987 wetlands delineation manual shall be used when delineating nonfed…

NR 353.01 Purpose and policy. (1) This chapter will facilitate the regulation of projects whose purpose is wetland conservation by establishing a process to review activities associated with the restoration of former wetlands, the enhancement of degraded wetlands, and the mainten…

NR 353.02 Applicability. This chapter applies to projects whose purpose is wetland conservation and which are reviewed by the department under ss. 281.36, 30.12, 30.124, 30.19, 30.195, 30.20, 31.02 and 31.12, Stats., and s. NR 1.95 and chs. NR 103, 107, 115, 116, 150, 216, 299, 3…

NR 353.03 Definitions. For the purposes of this chapter: (1) XAquatic communityY means lake or river biological resources. (2) XComplete applicationY means a completed and signed application form, the information specified in s. NR 353.06 (2) and any other information which can r…

NR 353.04 Eligibility for a shortform wetland conservation permit. (1) To be eligible for a shortform wetland conservation permit, the department shall determine that all of the following conditions are met: (a) The project purpose is wetland conservation. (b) The project propone…

NR 353.05 Wetland conservation activities and design specifications. Unless otherwise specified in this section, wetland conservation activities should be designed and constructed to applicable Natural Resources Conservation Service Field Office Technical Guide Standard Conservat…

NR 353.06 Application and information requirements. (1) An application to the department is required before commencing any regulated wetland conservation activity. (2) In addition to the information listed in s. NR 353.04, the applicant shall provide the following information: (a…