Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.03 - Definitions

Current through June 24, 2024
For the purposes of this chapter the following definitions
				  apply:
(1) "Agricultural use of land"
				means planting, growing, cultivating and harvesting of crops for human or
				livestock consumption, pasturing or yarding of livestock, sod farms and
				beekeeping. This definition does not include the construction of structures
				such as barns, manure storage facilities or barnyard runoff control systems.
Note: This definition is equivalent to the definition in s.
				  30.40(1),
				  Stats., and differs from the definition in ss.
				  NR
				  151.002(2) and
				  216.42(2) only in
				  that beekeeping is included and tree nurseries are not included.
(2) "Department" means the
				department of natural resources.
(3) "Final stabilization" means that all land
				disturbing construction activities at the grading site have been completed and
				that a uniform perennial vegetative cover has been established with a density
				of at least 70% of the cover for the unpaved areas and areas not covered by
				permanent structures or that employ equivalent permanent stabilization
				measures.
(4) "Grading" means the
				physical disturbance of the land surface by the addition, removal or
				redistribution of soil.
(5) "Land
				disturbing construction activity" means any man-made alteration of the land
				surface resulting in a change in topography or existing vegetative or
				non-vegetative soil cover that may result in stormwater runoff and lead to
				increased soil erosion and movement of sediment into waters of the state. Land
				disturbing construction activity includes clearing and grubbing, demolition,
				excavating, pit trench dewatering, filling and grading activities.
(6) "Navigable waterway" means any body of
				water with a defined bed and bank, which is navigable under the laws of the
				state. In Wisconsin, a navigable body of water is capable of floating the
				lightest boat or skiff used for recreation or any other purpose on a regularly
				recurring basis.
Note: This incorporates the definition at s.
				  30.01(4m),
				  Stats., and current case law, which requires a watercourse to have a bed and
				  banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable
				  waterway to float on a regularly recurring basis the lightest boat or skiff,
				  DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee
				  Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).
(7) "Ordinary high water mark" means the
				point on the bank or shore up to which the presence and action of water is so
				continuous as to leave a distinct mark either by erosion, destruction of
				terrestrial vegetation or other easily recognizable characteristic.
(8) "Priority navigable waterway" has the
				meaning in s.
				30.19(1b)
				(c), Stats., and as identified by the
				department in s.
				NR
				1.07.
Note: Section
				  30.19(1b)
				  (c), Stats., provides that "priority
				  navigable waterway" means any of the following:
1. A navigable waterway, or a portion of a
				navigable waterway, that is identified as an outstanding or exceptional
				resource water under s.
				281.15,
				Stats.
2. A navigable waterway, or
				a portion of a navigable waterway, identified as a trout stream.
3. A lake that is less than 50 acres in
				size.
4. Any other navigable
				waterway, or portion of a navigable waterway, that the department has
				determined, by rule, contains sensitive fish and aquatic habitat and that the
				department has specifically identified by rule.
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".