Wisconsin Administrative Code

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…

NR 353.07 Department determinations. Upon receipt of a complete application, the department shall determine: the chapter was last published. 3 DEPARTMENT OF NATURAL RESOURCES (1) Whether the project purpose is wetland conservation. (2) If the department determines that the projec…

NR 353.08 Wetland conservation permit conditions. All approvals issued under ss. NR 353.04, 353.07 (4) and 353.10 shall be subject to the following conditions: (1) The applicant submits a completed and signed application form. (2) The proposed project shall be constructed in comp…

NR 353.09 Individual permits for wetland conservation projects. (1) If the department determines that the proposed project is for wetland conservation but is not eligible for a shortform wetland conservation permit under s. NR 353.04 or 353.10, the project may not proceed without…

NR 353.10 Maintenance of pre-existing wetland conservation projects. (1) An owner of any wetland conservation project constructed prior to August 1, 1991, may conduct maintenance activities if all the following conditions are met: Note: The construction and maintenance of wetland…

NR 353.11 Enforcement. (1) Violations of this chapter shall be subject to enforcement under the enforcement and penalty provisions of chs. 23, 29, 30, 31, 281 and 283, Stats. the chapter was last published. NR 353.11 WISCONSIN ADMINISTRATIVE CODE (2) Department employees may obta…

NR 37.01 Applicability. This chapter applies to timber harvested under timber sale contracts executed on or after October 31, 1989. Parties to contracts executed before October 31, 1989 are encouraged to amend the contract to incorporate the restrictions in this chapter. Timber h…

NR 37.02 Purpose. The purpose of this chapter is to establish management specifications for the harvesting of timber in the lower Wisconsin state riverway pursuant to s. 30.42 (1) (d), Stats., so that timber cutting or harvesting has minimal impact on the scenic beauty and natura…

NR 37.03 Definitions. (1) XBasal areaY means the crosssectional area 4„ feet above ground expressed in square feet per acre of all trees with a diameter of 5 inches and larger. (2) XBluff lineY means that point where there is a significant change in slope on the visual horizon wh…

NR 37.04 Timber management cutting and harvesting specifications. (1) PERMIT. (a) Permit issuance. No person may cut or harvest timber within the riverway without a permit issued by the riverway board. (b) Permit conditions. The riverway board shall place conditions in permits ne…

NR 37.05 Variance. (1) The riverway board may grant a variance allowing timber cutting not in strict conformance with the requirements and restrictions of this chapter when the activity will be visually inconspicuous and the activity will be compatible the chapter was last publis…

NR 40.01 Purpose. The purpose of this chapter is to identify, classify and control invasive species in Wisconsin as part of the department[s statewide program required by s. 23.22 (2) (a), Stats.

NR 40.02 Definitions. For purposes of this chapter: (1) XAlgaeY means a predominately photosynthetic eukaryotic organism ranging from unicellular to macroscopic forms, lacking true roots, stems, leaves, and embryos. (2) XAnimalY means all vertebrate and invertebrate species, incl…

NR 40.03 Classifications. (1) CLASSIFICATION CATEGORIES. For purposes of this chapter, invasive species are classified into the following categories: prohibited and restricted. Note: For informational and educational purposes, the department informally maintains and updates as ne…

NR 40.045 Emergency additions to prohibited category. (1) The department may temporarily identify an additional species as an invasive species and may classify it into the prohibited category of s. NR 40.04 (2) if the secretary determines that all of the following are met: (a) Th…

NR 40.06 Invasive species permits. A person may transport, possess, transfer or introduce a prohibited invasive species listed in s. NR 40.04 (2), or a restricted invasive species listed in s. NR 40.05 (2), if the person has been issued a permit by the department under this secti…

NR 40.07 Preventive measures. (1) NOTIFICATION Any person who possesses a restricted invasive fish species in a safe facility shall notify the department within 24 hours of any escape of a specimen or viable part of a specimen, or of any failure of the integrity of the safe facil…

NR 40.08 Enforcement. Under s. 23.22 (9), Stats., if the department finds that any person is violating this chapter or a permit issued under this chapter, the department may do one or more of the following: (1) Issue a citation pursuant to ss. 23.50 to 23.99, Stats. (2) Refer the…

NR 40.09 Interagency coordination. This chapter does not affect the authority of DATCP under chs. 93, 94, 95 and 97, Stats. The action of the department under this chapter shall be coordinated with DATCP. The secretaries of the department and DATCP shall execute a memorandum of a…

NR 400.01 Applicability; purpose. (1) APPLICABILThis chapter applies to terms, units and abbreviations used in chs. NR 400 to 499. In addition to the definitions in this chapter, other definitions may be included in individual chapters or sections in chs. NR 401 to 499 which are …

NR 400.02 Definitions. Except when another definition is specifically made applicable, in chs. NR 401 to 499: (1) XAcid rain allowanceY or XallowanceY means an authorization by the administrator under the acid rain program to emit up to one ton of sulfur dioxide during or after a…

NR 400.03 Units and abbreviations. Abbreviations and symbols of units of measure used in chs. NR 400 to 499 are defined as follows: (1) System international (SI) units of measure: (a) XAY — ampere (am) XgY — gram (b) XHzY — hertz (bm) XJY — joule (c) XKY — degree Kelvin (cm) XkgY…