reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter II - Municipal Breakwater Permits › Section NR 328.21 - Applicability

Current through June 24, 2024
(1) ELIGIBLE WATERWAYS. Permits for
				  breakwaters may be issued for placement in the following water bodies: Castle
				  Rock and Petenwell flowages, Adams and Juneau counties; Lake Koshkonong, Dane,
				  Jefferson, and Rock counties; Beaver Dam lake, Fox lake, and Lake Sinissippi,
				  Dodge county; Lake Puckaway, Green Lake county; Lake Nokomis - Rice River
				  reservoir, Lincoln and Oneida counties; Big Eau Pleine reservoir, Marathon
				  county; Lake DuBay, Marathon and Portage counties; Rainbow and Willow flowages,
				  Oneida county; Lake Poygan, Winnebago and Waushara counties; Lake Winneconne
				  and Lake Buttes des Morts, Winnebago county; Lake Winnebago, Calumet, Fond du
				  Lac, and Winnebago counties; and impoundments of the Mississippi river.
Note:
The listed waters are generally
					 typified by the following conditions - artificially impounded; 2500 acres and
					 larger; extensive water level fluctuation; high rate of wetland/shoreline loss
					 from erosion; and historic loss of shoreline vegetation.
(2) WHO MAY APPLY.
(a) Permits for breakwaters may be issued to
				  municipalities and similar public entities, including but not limited to, state
				  and federal government, inland lake protection and rehabilitation districts or
				  similar special purpose units of government and public utilities. Owners of
				  riparian upland adjacent to, or flowed lands underlying, the structures shall
				  be co-applicants if the municipality or public utility is not the riparian
				  owner.
(b) As part of the permit
				  application, a public entity shall provide information to demonstrate to the
				  satisfaction of the department that the public entity has all of the following:
1. Statutorily assigned duties, authorities
				  or requirements that may reasonably be construed to include control of shore
				  erosion and protection of aquatic habitat.
2. A system of governance that allows
				  participation in decision making by a range of public interests.
3. Institutional permanence of a duration
				  similar to the life of the structure.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter II - Municipal Breakwater Permits › Section NR 328.22 - Definitions

Current through June 24, 2024
As used in this subchapter:
(1) "Breakwater" means the placement of
				  stone, concrete or similar inert material 10 or more horizontal feet offshore,
				  generally parallel to the shoreline for the purpose of controlling shore
				  erosion and preserving or restoring aquatic habitat. Breakwater designs may
				  include, but are not limited, to stone dikes, stone islands, barrier islands
				  and submerged offshore shoals.
(2)
				  "Comprehensive plan" means a plan that includes data on water resources,
				  including public rights and interests in navigable waters; data on existing and
				  potential uses of the water body and any use impairments; alternatives and
				  recommended actions to protect or restore water resources or allocate uses of
				  the water body.
(3) "Department"
				  means the department of natural resources.
(4) "Municipality" means any town, village,
				  city or county in this state.
(5)
				  "Structure" means anything man-made, having shape, form and utility either
				  permanently or temporarily attached to or extending above the ground or
				  lakebed.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter II - Municipal Breakwater Permits › Section NR 328.23 - Standards

Current through June 24, 2024
Breakwaters may be authorized where all of the following
					 apply:
(1) They are determined by the
				  department to be the best management practice to control shore erosion and
				  preserve or restore aquatic habitat.
(2) The structure be designed by a licensed
				  professional engineer to be stable under stated maximum water level and wave
				  conditions in order to avoid a failed structure that quickly becomes a hazard
				  to users of the waters.
(3) The
				  practice is specifically recommended for the purpose specified in sub. (1) in a
				  comprehensive plan approved by the department for management of a specific
				  water body and its watershed.
(4)
				  The requirements of s.
				  1.11,
				  Stats., are met.
(5) The department
				  has complied with the notice and hearing procedures in s. 30.02(3) and (4),
				  Stats.
2003 Wis. Act 118 repealed s.
						30.02,
						Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter II - Municipal Breakwater Permits › Section NR 328.24 - Conditions of permits

Current through June 24, 2024
In addition to any conditions deemed necessary to protect
					 public rights and interests in navigable waters under s.
					 30.12,
					 Stats., any authorization issued by the department under this subchapter shall
					 contain the following conditions:
(1)
				  The structure shall remain under public ownership or control. Public ownership
				  and control shall be established by documentation of at least one of the
				  following as part of the permit application:
(a) Fee title ownership of the structure by a
				  municipality or public entity.
(b)
				  Lease with a term of 25 years or more of the structure to a municipality or
				  public entity.
(c) Conservation
				  easement on the structure held by a municipality or public entity that includes
				  the rights to construct and maintain the structure, right of public access to
				  the structure.
(d) Title to, lease
				  of, or conservation easement securing necessary rights to use and management of
				  the structure and the area to be protected from wave energy.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.32 - Applicability

Current through June 24, 2024
(1) Except as provided in s.
				  30.2023,
				  Stats., this subchapter applies to construction, placement and maintenance of
				  bank erosion control structures regulated under s.
				  30.12(1),
				  (1g) (a), and (k), (2m), (3) (a) 3r and 13.
				  and (3m), Stats. Any person that intends to construct, place or maintain a bank
				  erosion control structure in any river or stream shall comply with all
				  applicable provisions of this chapter and any permit issued under this
				  chapter.
(2) Erosion control
				  measures such as grading to establish a stable slope, revegetation or other
				  bioengineering methods that do not involve the placement of structures below
				  the ordinary high water mark of a waterway or disturbance of more than 10,000
				  square feet on the bank are not regulated under s.
				  30.12
				  or
				  30.19,
				  Stats., or this subchapter.
(3)
				  Bank erosion control structures solely located above the ordinary high water
				  mark are likely to migrate below the OHWM as the energy of water current is
				  dissipated against the toe of the stream bank. When this migration occurs, the
				  bank erosion control structure is considered subject to the provisions of this
				  chapter.
A permit is required if land disturbance or excavation
						exceeds 10,000 square feet on the bank of the navigable waterway (s.
						30.19,
						Stats., and ch. NR 341) or if the activity is conducted in a wetland (ss.
						281.17
						and
						281.36,
						Stats.).
Erosion control activities may be subject to county,
						city or village ordinances. Local zoning ordinances place restrictions on
						grading, buffers, and the cutting of vegetation in the shoreland zone. The
						riparian is required to comply with, and obtain all necessary permits under,
						local shoreland ordinances.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.34 - Pre-existing structures

Current through June 24, 2024
A streambank erosion control structure authorized by
					 department permit prior to August 1, 2007, shall continue to be authorized,
					 provided the structure is maintained in compliance with all the conditions of
					 the original permit. Any modifications to the structure that do not comply with
					 the original permit conditions shall require a new permit and shall comply with
					 all standards in this section. Bank erosion control structures that were not
					 authorized prior to August 1, 2007, require authorization prior to any repair,
					 modification or replacement.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.35 - General permits

Current through June 24, 2024
(1) PROCEDURES. General permits shall be
				  processed according to the procedures in ch. NR 300.
(2) APPLICABLE ACTIVITIES. Projects that meet
				  all the criteria in sub. (3) and either sub. (4), (5) or (6) are eligible for
				  general permit coverage under ss.
				  30.12(3) (d)
				  and 30.206, Stats.
(3) GENERAL STANDARDS.
(a) If the department determines that a
				  proposal submitted under this section has the potential to impact an endangered
				  or threatened species in accordance with s.
				  29.604, Stats., the application
				  shall be deemed incomplete. The department may not consider the application
				  complete or issue a general permit until the applicant submits documentation to
				  demonstrate one of the following:
1. The
				  project avoids impacts to the endangered or threatened species in accordance
				  with s. 29.604, Stats.
2. The project has received an incidental
				  take authorization under s.
				  29.604,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.36 - Individual permits

Current through June 24, 2024
(1) PROCEDURES.
(a) Individual permits shall be processed
				  according to the procedures in ch. NR 300.
(b) If the department determines that a
				  proposal submitted under this section has the potential to impact an endangered
				  or threatened species in accordance with s.
				  29.604, Stats., the application
				  shall be deemed incomplete. The department may not consider the application
				  complete or issue an individual permit until the applicant submits
				  documentation to demonstrate one of the following:
1. The project avoids impacts to the
				  endangered or threatened species in accordance with s.
				  29.604, Stats.
2. The project has received an incidental
				  take authorization under s.
				  29.604,
				  Stats.
(c) If the
				  applicant modifies the project plans to meet the requirements of par. (b), the
				  modified plans shall be submitted before the department may consider the
				  application complete or issue an individual permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.39 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				  30.12,
				  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, fine or
				  imprisonment. The department may seek abatement under s.
				  30.294, Stats., for any activity
				  in violation of ss. 30.12,
				  30.20 and
				  30.206, Stats.
(2) If the activity may be authorized by a
				  general permit under s.
				  30.206, Stats., failure of an
				  applicant to follow the procedural requirements may not, by itself, result in
				  abatement of the activity.
(3) When
				  an after-the-fact permit application has been filed with the department, the
				  department shall follow the procedures in ch. NR 300 for violations.
(4) Any violation of these rules shall be
				  treated as a violation of the statutes they interpret or are promulgated
				  under.
(5) No person may place a
				  shore erosion control structure in a navigable waterway if the activity is not
				  eligible for an exemption, authorized by a general permit or individual permit
				  issued under this chapter, or otherwise authorized under this
				  chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 329 - Miscellaneous Structures In Navigable Waterways › Section NR 329.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish reasonable
				  procedures and limitations for exempt activities, general permits and
				  individual permits for structures placed in navigable waterways as regulated
				  under s.
				  30.12(1g),
				  (1p), (3) (a), (d), and (3m), Stats., in
				  order to protect the public rights and interest in the navigable, public waters
				  of the state as defined in s.
				  30.10,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 329 - Miscellaneous Structures In Navigable Waterways › Section NR 329.02 - Applicability

Current through June 24, 2024
This chapter applies to construction, placement and
				  maintenance of boat landings, dry fire hydrants, fords, intake and outfall
				  structures, pilings, pea gravel blankets and weed rakes regulated under ss.
				  30.12(1g)
				  (a), (g), (h) and (km), (3) (a) 1, 4., 5.,
				  (d), and (3m), and 30.20 (1g) (b) 2., Stats., and to all other structures
				  constructed, placed or maintained in navigable waterways unless regulated under
				  another chapter. Any person who intends to construct, place or maintain a
				  structure in any navigable waterway shall comply with all applicable provisions
				  of this chapter and any permit issued under this chapter.
Currently, culverts and bridges are regulated under ch. NR
					 320; habitat structures are regulated under ch. NR 323; boathouses and fixed
					 houseboats are regulated under ch. NR 325; piers, wharves, boat shelters, boat
					 lifts, boat hoists and swimming rafts are regulated under ch. NR 326; shore
					 erosion control structures are regulated under ch. NR
					 328.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 329 - Miscellaneous Structures In Navigable Waterways › Section NR 329.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Area of special natural resource interest" has the meaning in s.
				30.01(1am),
				Stats., and as identified by the department in s.
				NR
				1.05.
Note: "Area of special natural resource interest" means any
				  of the following:
(a) A state natural
				area designated or dedicated under ss.
				23.27
				to
				23.29,
				Stats.
(b) A surface water
				identified as a trout stream by the department under s.
				NR
				1.02(7).
(c) A surface water identified as an
				outstanding or exceptional resource water under s.
				281.15,
				Stats.
(d) An area that possesses
				significant scientific value, as identified by the department in s.
				NR
				1.05.
Information and lists can be obtained by contacting the
				  department, or found on the department's website at www.dnr.wi [File Link Not
				  Available], under the topic "Waterway and Wetland Permits".
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 329 - Miscellaneous Structures In Navigable Waterways › Section NR 329.05 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				30.12,
				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, fine or imprisonment. The department may seek abatement under s.
				30.294,
				Stats., for any activity in violation of ss.
				30.12,
				30.20
				and
				30.206,
				Stats.
(2) If the activity may be
				authorized by a general permit under s.
				30.206, Stats.,
				failure of an applicant to follow the procedural requirements may not, by
				itself, result in abatement of the activity.
(3) When an after-the-fact permit application
				has been filed with the department, the department shall follow the procedures
				in ch. NR 301 for violations.
(4)
				Any violation of these rules shall be treated as a violation of the statutes
				they interpret or are promulgated under.
(5) No person may place a boat ramp, dry fire
				hydrant, ford, intake or outfall structure, weed rake or piling in a navigable
				waterway if the activity is not eligible for an exemption, authorized by a
				general permit or individual permit issued under this chapter, or otherwise
				authorized under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.01 - Purpose

Current through June 24, 2024
(1) This chapter establishes procedures and
				criteria for use in evaluating:
(a) Boating
				use in the vicinity of dams;
(b)
				Boating safety hazards around dams;
(c) Boat portaging activity around dams;
				and
(d) Signs, devices and/or
				portage facilities installed or proposed to be installed by dam
				owners.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.02 - Definitions

Current through June 24, 2024
(1) "Current" means the velocity of flowing
				water.
(2) "Dam" means any
				artificial barrier, together with appurtenant works, which does or may impound
				or divert water.
(3) "Department"
				means the department of natural resources.
(4) "Gated spillway" means a variably
				regulated opening in a dam through or over which water is conveyed past the
				dam.
(5) "Portage" means an
				overland route for manually carrying boats and supplies around dams.
(6) "Open spillway" means the overflow
				section of a dam conveying water flow over the dam.
(7) "Uniform aids to navigation" means a
				system of navigation aids prescribed by the U.S. coast guard and approved by
				the advisory panel or state officials to the merchant marine council, U. S.
				coast guard and as contained in s.
				NR
				5.09.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.03 - Procedure for determining those dams requiring warning signs, portages and portage signs

Current through June 24, 2024
(1) The department shall conduct an
				inspection of all dams on navigable streams with the owner of the dam or the
				owner's agent to determine the following:
(a)
				Navigation near the dam or portaging around the dam;
(b) The nature and extent of navigation
				hazards that exist at the dam;
(c)
				The need for signs and/or devices to provide warnings and information for
				boaters;
(d) The need for a portage
				around the dam for boaters;
(e)
				Specification of signs and devices as needed to provide warnings and
				information for boaters;
(f)
				Specification of a portage and directions, as needed for boaters to use in
				gaining a safe portage around the dam; and
(g) The period of time during each year
				during which the signs and devices must be in place.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.04 - Devices and portage standards

Current through June 24, 2024
(1) Standards for
				signs and devices required by these rules shall conform to the waterway marking
				system set forth in s.
				NR
				5.09.
(a)
Placement
.
1. Signs or
				devices advising boaters of a dam. These signs and devices shall be legible a
				minimum of 300 feet upstream from the dam.
2. Signs or devices shall be placed
				downstream of gated spillways and/or powerhouses to advise boaters of
				potentially dangerous, rapidly changing currents. Placement sites may be on the
				dam, powerhouse, shore or proximate boat landings. These signs and devices
				shall be legible a minimum of 300 feet downstream from the dam.
3. The department may order the installation
				of suitable warning devices to be used at remote operated, gated spillways
				during the opening and closing of the gates.
4. Portage information signs shall be placed
				at the portage takeout points and at such intervals as are necessary to provide
				adequate information to anyone portaging the dam.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.05 - Signs and devices specifications

Current through June 24, 2024
(1) UNIFORM AIDS TO
				NAVIGATION. Signs, markers and devices required under this chapter shall
				conform with s.
				NR
				5.09.
(2)
				SIGNS AND PROPORTIONS OF SIGNS, LETTERS AND NUMERALS.
(a) Minimum sign size shall be 2 feet by 2
				feet, outside dimensions.
(b)
1. Border width shall be 1/12 L; L = Length
				of sign side.
2. Letter and
				numerals shall be: 3/10 L; L = Length of sign side.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.06 - Dams not inspected pursuant to s. NR 330.03

Current through June 24, 2024
(1) Dams not
				inspected pursuant to s.
				NR
				330.03(1) may be inspected by the
				department and ordered to comply with the signing and portage requirements of
				this chapter upon its own motion, or upon written request of any interested
				member of the public.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.07 - Scenic and historic dams

Current through June 24, 2024
The department may issue a variance from the provisions of
				  this chapter for dams on designated wild and scenic waterways and dams that
				  have been designated as historic landmarks by state or federal
				  agencies.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 330 - Warning signs and portages for dams › Section NR 330.08 - Severability and construction

Current through June 24, 2024
Should any section, paragraph, phrase, sentence, clause or
				  word of this chapter be declared invalid or unconstitutional for any reason,
				  the validity of the remainder of the chapter will not be affected thereby.
				  Nothing in this chapter shall be construed as limiting any authority granted by
				  law to the department to regulate dams. The exemption of any dam from the
				  portage requirements of this chapter should not be construed as limiting the
				  rights of the public around any exempted dam.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to ensure that dams are
				  designed, constructed and reconstructed so as to minimize the danger to life,
				  health and property. This chapter is adopted pursuant to ss.
				  31.02(2),
				  31.19
				  and
				  31.33,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.02 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter are
				applicable to dams not owned by the United States government that:
(a) Have a structural height of more than 6
				feet and a maximum storage capacity of 50 acre-feet or more of water.
(b) Have a structural height of 25 feet or
				more and a maximum storage capacity of more than 15 acre-feet of
				water.
(c) Have a structural height
				of 6 feet or less or a maximum storage capacity of less than 50 acre-feet of
				water if the department determines that the dam is likely to endanger life,
				health or property if it is not designed, constructed or reconstructed in
				accordance with this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.04 - Compliance schedules

Current through June 24, 2024
(1) DAM HAZARD RATING. The department shall
				assign a dam hazard rating according to the criteria in s.
				NR 333.06 for
				all dams subject to the provisions of this chapter. The assignment of a hazard
				rating shall be based on the findings of a dam failure analysis provided by the
				owner, pursuant to the standards of s.
				NR
				333.05, according to the following schedule:
(a) For new dams, prior to granting
				permission or approval to construct.
(b) For existing dams which are to be
				reconstructed, prior to granting permission or approval to
				reconstruct.
(c) After a dam
				failure analysis has been approved by the department or is adopted in a
				floodplain zoning ordinance pursuant to s.
				87.30, Stats.,
				and approved by the department.
(d)
				Upon issuance of a department directive in a dam safety inspection report
				pursuant to s.
				31.19,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.06 - Dam hazard ratings

Current through June 24, 2024
(1) A hazard rating of low, significant or
				high for all existing and proposed dams shall be determined in accordance with
				the following criteria:
(a)
Low
				hazard
. A low hazard rating shall be assigned to those dams that have
				no development unrelated to allowable open space use in the hydraulic shadow
				where the failure or mis-operation of the dam would result in no probable loss
				of human life, low economic losses (losses are principally limited to the
				owners property), low environmental damage, no significant disruption of
				lifeline facilities, and have land use controls in place to restrict future
				development in the hydraulic shadow.
(b)
Significant hazard
. A
				significant hazard rating shall be assigned to those dams that have no existing
				development in the hydraulic shadow that would be inundated to a depth greater
				than 2 feet and have land use controls in place to restrict future development
				in the hydraulic shadow. Potential for loss of human life during failure must
				be unlikely. Failure or mis-operation of the dam would result in no probable
				loss of human life but can cause economic loss, environmental damage, or
				disruption of lifeline facilities.
(c)
High hazard
. A high
				hazard rating shall be assigned to those dams that have existing development in
				the hydraulic shadow that will be inundated to a depth greater than 2 feet or
				do not have land use controls in place to restrict future development in the
				hydraulic shadow. This rating must be assigned if loss of human life during
				failure or mis-operation of the dam is probable.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.07 - Hydraulic design and safety requirements

Current through June 24, 2024
(1) MINIMUM
				HYDRAULIC CAPACITY. Except as provided in sub. (2), all proposed and existing
				dams shall have the minimum hydraulic capacity shown in Table I:
Table I
Required Spillway Design Capacities
Dam Hazard Rating
Minimum Principal
Spillway Capacity
Minimum Total
Spillway Capacity
Low (L)
Q10
Q100
Significant (S)
Q50
Q500
High (H)
Q100
Q1000
(2)
				REDUCED REQUIREMENTS.
(a) Unless the
				department determines that public safety requires full compliance with the
				substantive requirements of this rule, all dams which will be submerged by
				flows less than the minimum hydraulic capacity specified in Table I shall be
				designed to pass the flow of the river at submergence.
(b) Any owner may provide documentation to
				justify a different spillway capacity from that specified in Table I. The
				department shall review such documentation and may approve the spillway
				capacity proposed by the owner if it determines that such capacity will not
				result in an additional hazard to life, health or property when compared to the
				capacity specified in Table I.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.08 - Construction

Current through June 24, 2024
(1) Construction of a new dam or
				reconstruction of an existing dam may not begin until the department approves
				the plans and specifications submitted under s.
				NR
				333.05.
(2) Alterations to any plans or
				specifications that were approved by the department under s.
				NR
				333.05 which will affect the flood flow capacity or
				structural integrity of a dam shall be approved by the department before
				construction or reconstruction of the dam.
(3) All dams shall be constructed or
				reconstructed under the supervision of a professional engineer registered in
				the state of Wisconsin. The supervising engineer shall, within 10 days after
				completing the construction or reconstruction of a dam, submit a statement
				indicating that the dam was constructed or reconstructed in accordance with the
				plans and specifications approved by the department under s.
				NR
				333.05.
(4) As-built plans shall be submitted to the
				department within 30 business days after the completion of construction or
				reconstruction of a dam.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 333 - Dam design and construction › Section NR 333.09 - Financial assurance

Current through June 24, 2024
(1) GENERAL REQUIREMENT.
(a) Except as provided in par. (b), the owner
				of a dam shall file a bond, escrow account, lien or other financial assurance
				satisfactory to the department prior to the commencement of construction or
				reconstruction of the dam. The amount of such financial assurance shall equal
				the estimated cost of removing the dam and restoring the stream channel to its
				natural condition or the cost of constructing or reconstructing the dam,
				whichever is less, based on the cost estimate submitted by the owner under s.
				NR
				333.05(3).
(b) Where the owner is a state or interstate
				agency or a city, county, village, special purpose district or other unit of
				government, financial assurance is not required if the owner demonstrates to
				the department's satisfaction that it has made or will make sufficient funds
				available to construct or reconstruct the dam or to remove the dam and restore
				the stream channel it its natural condition, whichever is less
				expensive.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures for
				  implementation of the dam maintenance, repair, modification, or abandonment and
				  removal aid program established under s.
				  31.385,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.02 - Applicability

Current through June 24, 2024
(1) This chapter shall apply to applications
				for state aid in the form of grants for dam maintenance, repair, modification,
				or abandonment and removal under s.
				31.385,
				Stats.
(2) The provisions of this
				chapter are applicable to dams that:
(a) Are
				owned by a municipality or public inland lake protection and rehabilitation
				district; and
(b) Are not
				inspected, approved and licensed by a federal agency under 18 CFR Part
				12.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.04 - Eligibility for a state grant

Current through June 24, 2024
(1) Any
				municipality or lake district that owns a dam in Wisconsin may apply for state
				aid for repair, modification or abandonment of the dam upon compliance with
				sub. (2).
(2) To be eligible to
				receive a grant under this chapter, the owner shall:
(a) Request, in writing, financial assistance
				under this chapter within 6 months after receiving directives or an order for
				repair, modification or abandonment of the dam resulting from a department
				investigation or inspection of the dam, or have received a directive from the
				department or have been under order by the department to repair, modify or
				abandon the dam, on or before August 9, 1989; and
(b) Comply with all applicable requirements
				of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.05 - State share

Current through June 24, 2024
(1) For dam repair, reconstruction or
				maintenance projects the following cost share provisions shall apply:
(a) The state share may not exceed 50% of the
				first $400,000 of eligible project costs nor more than 25% of the eligible
				project costs that exceed $400,000.
(b) The dam owner shall provide a sponsor
				match for 50% of the first $400,000 of eligible project costs, 75% of the next
				$800,000 of project costs and all ineligible cost or eligible costs exceeding
				$1,200,000.
(c) Sponsor match may
				come from other sources including another state or federal cost sharing or
				grant program, from another municipality, or any other outside funding
				source.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.06 - Application and award procedures

Current through June 24, 2024
Aid available under this program shall be awarded to those
				  projects with the highest points on a priority list, as determined by the
				  procedures and criteria in s.
				  NR
				  335.09, and in accordance with the procedures in this
				  section. Projects on the priority list shall be funded within the limits of
				  available funds.
(1) All applications
				for a grant under this chapter shall be received by the department or
				postmarked no later than September 15 of each year, unless otherwise noted on
				the application materials. The signed application and required attachments
				shall be delivered to the department location identified in the application
				materials. Acceptable delivery methods shall be identified in the application
				materials. Applications received or postmarked on the same day shall be
				randomly assigned an order received within that day.
(2) The department shall review each
				application received for completeness and within 15 days of the application
				deadline shall advise the applicant in writing of any deficiencies, omissions
				or errors in the application in writing. Incomplete applications may not be
				considered if all information is not received by the department within 45 days
				of the application deadline for that year. The date that the last materials,
				required for a complete application, were received by the department shall be
				used to break ties on the priority list.
(3) The department shall establish a priority
				list within 60 days of the application deadline, which ranks all complete
				applications received by the application deadline. Applicants shall be notified
				of their placement on the priority list and the probability of approval for
				funding. The ranking of applicants shall be made available upon written
				request. In developing this list the department shall:
(a) Rank applications with identical point
				totals based upon the date the complete application was received by the
				department with highest priority given to the earliest received complete
				application.
(b) Add a contingency,
				based on past experience with the grant program to the cost estimates provided
				in the grant applications to assure adequate funding is available for projects
				receiving a commitment to funding. If the next project on the list would exceed
				the available funding the department may choose to reserve those funds until
				there is adequate funding to fully commit to the next project on the
				list.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.07 - Grant application

Current through June 24, 2024
(1) PROCEDURE. Subject to the availability of
				funds, the department shall:
(a) Solicit
				applications on an annual basis for projects to be funded under this chapter by
				providing notice that the application materials are available upon
				request.
(b) Distribute to any
				potential applicant that requests it a copy of the application, instructions
				for completing the application and guidelines that the department shall use to
				score the project application.
(c)
				Require a separate grant application shall be submitted to the department for
				each individual dam for which financial assistance is requested under this
				chapter. Only one application under this chapter may be received for any
				particular dam in any year.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.08 - Eligible and ineligible costs

Current through June 24, 2024
(1) ELIGIBLE COSTS.
				The following project costs, whether incurred under contract or in the form of
				salaries and benefits, may be reimbursed under this chapter, if the grant is
				awarded:
(a) Actual and reasonable engineering
				costs incurred in preparing the studies and application form required under s.
				NR 335.07(2) (e) and
				(f);
(b) Actual and reasonable engineering costs
				incurred in preparing plans and specifications as required in s.
				NR
				335.06(4), the operation, inspection
				and maintenance plan, and the emergency action plan;
(c) Actual and reasonable construction costs
				incurred in the repair, modification or abandonment of the dam, including labor
				and materials;
(d) Actual and
				reasonable engineering costs involved in the on-site inspection of the repair,
				modification or abandonment of the dam. On-site inspection by an engineer
				registered in the state of Wisconsin is required, at a minimum, during critical
				stages of construction and could be required full time for certain
				projects.
(e) Actual and reasonable
				costs for activities other than the maintenance, repair or modification of the
				dam (structural alternative) only if the cost of that activity is less than the
				cost of the structural alternative.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.09 - Criteria for priority ranking

Current through June 24, 2024
(1) The department
				shall develop a priority ranking process for the purpose of determining funding
				priorities for applications under this chapter.
(2) The department may use an advisory
				committee to help develop the priority ranking process.
(3) The priority ranking process shall be
				reviewed and adjusted, if necessary, based on experience from past grant cycles
				and public safety priorities, prior to the notice of a new grant
				cycle.
(4) The following criteria
				may be used by the department in the priority ranking process. The criteria are
				not listed in any order of priority:
(a)
				Hazard of the dam based on existing land use downstream.
(b) Extent of land use controls currently in
				effect downstream of the dam to prevent development in the hydraulic shadow of
				the dam.
(c) Financial need of the
				applicant.
(d) Total eligible
				project costs.
(e) Navigability of
				the watercourse.
(f) Size
				classification of the dam.
(g)
				Extent to which the project improves the safety in the area downstream of the
				dam.
(h) Severity of the
				deficiencies of the dam.
(i) Time
				frame in which the project can start construction.
(j) Presence of approved emergency action
				plan and inspection, operation and maintenance plan for the dam.
(k) Availability of public access to the
				impoundment created by the dam.
(L)
				Extent of effort by the owner to responsibly operate and maintain the
				dam.
(m) Any other criteria that
				the department identifies as necessary to improve the ranking process based on
				past experience with the grant program.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.10 - Construction period

Current through June 24, 2024
(1) All construction performed on an eligible
				project shall be completed in accordance with s.
				NR
				335.12 with in 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 circumstances and is requested in writing by the grantee
				before the end of the initial one-year construction period, the department may
				extend the construction period for up to 2 additional years.
(2) If the grantee fails to comply with sub.
				(1), the grantee may not receive any further state funds and shall reimburse
				the department for any state funds already received under this chapter. The
				uncompleted portion of the project shall be considered for funding in the next
				year in which money becomes available upon submission of a new application in
				compliance with this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.11 - Final project approval

Current through June 24, 2024
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 owner's engineer stating that the project was
				  completed in compliance with s.
				  31.12(4),
				  Stats. The department shall conduct a final inspection of the project within 60
				  days after receiving the as-constructed plans and specifications, inspection
				  reports, and certification. A project approval letter shall be sent to the
				  owner within 30 days of final inspection by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.12 - Grant payments

Current through June 24, 2024
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 contract and the construction
				bids, shall be paid to the grantee, following 50% completion of the project,
				within 90 days after the department has received a written request and
				supporting documentation by the owner's authorized representative. The
				department shall inspect the project, review the supporting documentation, and
				determine that the owner has expended at least 50% of the state share of total
				eligible costs and that the work meets the requirements of this chapter prior
				to making payment to the owner; and
(b) If the emergency action plan and
				inspection, operation and maintenance plan are approved by the department prior
				to the completion of the project, the state share of the remaining eligible
				costs, based on the final audited project cost, shall be paid to the grantee
				within 90 days after the department has conducted a final audit and has
				determined the final audited eligible costs. A final audit shall be conducted
				within 90 days after the project has been completed and approved by the owner
				and the department pursuant to s.
				NR 335.11;
				or
(c) If the emergency action plan
				and inspection, operation and maintenance plan are not approved by the
				department prior to the completion of the project, the state share of the
				remaining eligible costs less 10%, based on the final audited project cost,
				shall be paid to the grantee within 90 days after the department has conducted
				a final audit and has determined the final audited eligible costs. A final
				audit shall be conducted within 90 days after the project has been completed
				and approved by the owner and the department pursuant to s.
				NR 335.11.
				The remaining state share of eligible costs shall be paid to the grantee within
				60 days after the grantee has received approval, by the department, of an
				emergency action plan and an inspection, operation and maintenance
				plan.