Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 323 - Fish And Wildlife Habitat Structures In Navigable Waterways › Section NR 323.05 - Wildlife habitat structures

Current through June 24, 2024
(1) EXEMPTIONS.
(a)
Procedures
. Exemptions
				shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activities.
A
				nesting structure that meets all the standards in par. (c) shall be exempt
				under s. 30.12(1g) (d),
				Stats.
Note:
Eligibility for an exemption or general
				  permit does not automatically result in a federal permit or state water quality
				  certification for fill in wetlands. Some projects involving minimal wetland
				  fill may be eligible for authorization under a U.S. Army Corps of Engineers
				  general permit which has already been granted state water quality certification
				  or a general permit under s.
				  281.36(3g) (b),
				  Stats. (under development) All other projects affecting wetlands will require
				  individual water quality certification including public notice as required by
				  s. 401, Federal Clean Water Act, and s.
				  281.36(3b) (b),
				  Stats., and carried out under chs. NR 103 and 299. For further instructions,
				  see the department's website at http://dnr.wi.gov under the topic "Waterway and
				  Wetland Permits."
(c)
General standards.
1. The
				nesting structure may not be located in an area of special natural resource
				interest or in a public rights feature as described in s. NR 1.06.
2. The nesting structure may be placed and
				maintained only by a riparian.
3.
				The nesting structure shall be placed entirely within the riparian's zone of
				interest, as determined by one of the methods outlined in ch. NR 326.
4. The nesting structure shall be placed
				solely for the purpose of improving wildlife habitat.
5. A deposit of sand, gravel or stone under
				s. 30.12(1g) (a),
				Stats., may be associated with the placement of a nesting structure provided
				the deposit is limited to the area underneath or within one foot of the
				structure and is less than 2 cubic yards.
6. Dredging under s.
				30.20(1g) (b)
				1, Stats., is allowed for the placement of a
				nesting structure provided the dredging does not exceed 2 cubic
				yards.
7. The surface area of a
				nesting structure may not exceed 25 square feet.
8. Nesting structures shall be designed and
				constructed of unpainted wood or of materials that are non-gloss earthtone
				colors that blend into a natural shoreline setting during leaf-on
				condition.
9. Erosion control
				measures shall meet or exceed the technical standards for erosion control
				approved by the department under subch. V of ch. NR 151. Any area where topsoil
				is exposed during construction shall be immediately seeded and mulched or
				riprapped to stabilize disturbed areas and prevent soils from being eroded and
				washed into the waterway.
Note:
These standards can be found at the
				  following website:
				  http://dnr.wi.gov/topic/stormwater/standards/.
10. Unless part of a permanent stormwater
				management system, all temporary erosion and sediment control practices shall
				be removed upon final site stabilization. Areas disturbed during construction
				or installation shall be restored.
(d)
Permit required
.
				Activities which do not meet the standards in par. (c) or are determined
				ineligible for an exemption by the department shall require a general permit or
				individual permit.
(e)
Exceptions
. Wood duck houses and nesting platforms attached to
				or supported by existing trees in their natural condition are not regulated
				under ch. 30, Stats., or this chapter.