reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter I - Regulatory Decisions › Section NR 300.08 - Notices and public comment

Current through June 24, 2024
(1) NOTICE OF
				  PENDING APPLICATION.
(a) Within 15 days after
				  the date of closure under s. NR 300.07 (4) (a) 5., the department shall send
				  the applicant a public notice of pending application if the department has not
				  already done so as part of the notice of closure.
(b) The department shall publish the notice
				  under par. (a) on the department website. The date of the notice shall be the
				  date on which the department first publishes the notice on its
				  website.
(c) The applicant shall
				  publish the class 1 notice in a newspaper identified by the department and
				  shall notify interested and potentially interested members of the public as
				  determined under s. NR 300.07 (4) of the notice provided under par. (a) unless
				  the applicant has requested the department to publish the notice and notify
				  interested and potentially interested members of the public. The applicant
				  shall submit payment in accordance with s.
				  281.36(3p) (d)
				  2m, Stats., with the request for the
				  department to satisfy the publication and notification requirement.
(d) The notice shall comply with the
				  requirements of ch. 985, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter I - Regulatory Decisions › Section NR 300.09 - Individual permit decision

Current through June 24, 2024
(1) DECISION DATE.
(a) The department shall render a decision to
				  approve, deny, or modify an individual permit within the applicable statutory
				  timelines.
(b) Timelines listed in
				  s. 281.36(3m) (i),
				  Stats., may be modified for individual permits if compensatory mitigation
				  requirements under s.
				  281.36(3r) (a),
				  Stats., and ch. NR 350 have not been satisfied.
Note:
The decision timeline is 30 days unless
					 a hearing is requested.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter I - Regulatory Decisions › Section NR 300.10 - Dam permits, approvals, and determinations

Current through June 24, 2024
(1) For any permit,
				  approval, or determination made under ss.
				  31.02 to
				  31.38, Stats., the applicant
				  shall submit, as requested by the department, at any time during the review
				  process, additional information the department finds to be reasonably necessary
				  for review of the application.
(2)
				  The department shall charge a fee for permits or approvals. The permit or
				  approval fee shall accompany the permit application or request for approval.
				  Projects funded in whole or in part by any federal agency or state agency are
				  exempt from fees. Except for federal or state agency dam projects, any
				  construction, alteration, change in operation, transfer, or abandonment of a
				  dam requires a fee pursuant to s.
				  31.39(3),
				  Stats., as follows:
(a) For a permit,
				  approval, or determination with an estimated time of 3 hours or less, the fee
				  is $50.
(b) For a permit, approval,
				  or determination with an estimated time of more than 3 hours but not more than
				  9 hours, the fee is $300.
(c) For a
				  permit, approval, or determination with an estimated time of more than 9 hours,
				  the fee is $500.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter I - Regulatory Decisions › Section NR 300.11 - Waterway and wetland permit fees

Current through June 24, 2024
(1) WETLAND PERMIT
				  FEES. The application fee for an authorization to proceed under a wetland
				  general permit under s.
				  281.36(3g),
				  Stats., is $600. The application fee for a wetland individual permit under s.
				  281.36(3m),
				  Stats., is $1,700.
(2) WATERWAY
				  GENERAL PERMIT FEE. The application fee for an authorization to proceed under a
				  waterway general permit under ss.
				  30.206 and
				  30.2065, Stats., is
				  $350.
(3) WATERWAY INDIVIDUAL
				  PERMIT FEES.
(a) Except as provided in pars.
				  (b) and (c), the application fee for a waterway individual permit under s.
				  30.208, Stats., is
				  $750.
(b) The application fee for a
				  regulatory decision under s.
				  30.11, Stats., is
				  $900.
(c) The application fee for a
				  waterway individual permit under ss.
				  30.1335,
				  30.18,
				  30.195,
				  30.20, and
				  30.206, Stats., is
				  $900.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter II - Water Quality Certification › Section NR 300.12 - General

Current through June 24, 2024
Regulatory decisions under subch. I may require water
					 quality certification.
Clean Water Act Section 402 and 404 permits may require
						state certification.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter II - Water Quality Certification › Section NR 300.13 - Notification

Current through June 24, 2024
It is the responsibility of the U.S. army corps of
					 engineers to inform the department as the certifying agency when a water
					 quality certification action is required.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter II - Water Quality Certification › Section NR 300.14 - Process

Current through June 24, 2024
The department shall waive water quality certification
					 requirements for projects authorized under ss. NR 300.04 and 300.05. The
					 department shall also waive water quality certification requirements for
					 projects that do not impact waters of the state. The department may waive water
					 quality certification requirements for other projects on a case-by-case basis
					 in alignment with ch. NR 299.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter II - Water Quality Certification › Section NR 300.15 - Waiver

Current through June 24, 2024
The department shall waive water quality certification
					 requirements for projects authorized under ss. NR 300.04 and 300.05. The
					 department shall also waive water quality certification requirements for
					 projects that do not impact waters of the state. The department may waive water
					 quality certification requirements for other projects on a case-by-case basis
					 in alignment with ch. NR 299.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter II - Water Quality Certification › Section NR 300.16 - Individual water quality certification decisions

Current through June 24, 2024
If the U.S. army corps of engineers determines that an
					 individual water quality certification decision is required, the department
					 shall use the individual permit review process and comply with the applicable
					 timelines specified under s. NR 300.07. The fee shall be $700 for these
					 determinations.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter III - Regulatory Services › Section NR 300.18 - Wetland determinations

Current through June 24, 2024
(1) WETLAND IDENTIFICATION AND CONFIRMATION
				  SERVICE.
(am) Any person who requests a
				  wetland identification or confirmation service from the department under s.
				  23.321, Stats., shall use
				  standard request protocols and submittal requirements that are established by
				  the department. The department will complete these service requests as soon as
				  practicable consistent with s.
				  23.321(4),
				  Stats., and may use off-site review methods consistent with U.S. army corps of
				  engineers' wetland determination protocols as provided under s.
				  281.36(2m),
				  Stats.
(bm) The department may
				  develop and utilize off-site review methods for non-growing season wetland
				  identification and confirmation services in lieu of putting these requests on
				  hold under s. 23.321(4) (b),
				  Stats., so long as the methods are consistent with U. S. army corps of
				  engineers' standards as provided under s.
				  281.36(2m),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter IV - Enforcement and Permit Proceedings › Section NR 300.20 - After-the-fact permits

Current through June 24, 2024
(1)  Except as provided under sub. (3), the
				  department may process an after-the-fact permit application for a regulated
				  project that was initiated or completed prior to receiving a permit authorizing
				  that activity. The after-the-fact permit may be a general or individual permit.
(2) If an after-the-fact permit is
				  processed prior to the completion of an enforcement action against the person
				  who initiated or completed the regulated activity, the department may continue
				  the processing of the enforcement action, regardless of whether the
				  after-the-fact permit is ultimately granted.
(3) This section shall not preclude the
				  department from scheduling a permit application for public hearing on the same
				  day as an abatement hearing under s.
				  30.03(4) (a),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter IV - Enforcement and Permit Proceedings › Section NR 300.21 - Relationship of enforcement and permit proceedings

Current through June 24, 2024
The department shall not process after-the-fact permit or
					 approval applications under s. NR 300.20 prior to the completion of any
					 enforcement actions if any of the following apply:
(1) The project is causing or is likely to
				  cause environmental damage.
(2)
				  Department staff have an objection to the issuance of the permit or approval
				  based on the relevant statutory standards for issuance of the permit or
				  approval.
(3) The prosecuting
				  attorney in the enforcement action has not given consent to the processing of
				  the application prior to the completion of the enforcement action.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter IV - Enforcement and Permit Proceedings › Section NR 300.22 - Relationship of enforcement and confirmations

Current through June 24, 2024
The department shall not process an ordinary high water
					 mark or navigability confirmation request pursuant to s. NR 300.17 prior to the
					 completion of any enforcement action if any of the following apply:
(1) Department staff have an objection to the
				  confirmation based on the relevant statutory standards.
(2) The information provided is not
				  reflective of site conditions or does not meet the minimum submittal
				  requirements in s. NR 300.17 (2) or (3).
(3) The prosecuting attorney in the
				  enforcement action has not given consent to the processing of the confirmation
				  request prior to the completion of the enforcement action.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter IV - Enforcement and Permit Proceedings › Section NR 300.23 - Exceptions to time limits

Current through June 24, 2024
(1) When a
				  contested case hearing is required because of objections to the granting of a
				  permit or approval by the department, or when such a hearing is scheduled on
				  the department's own motion, the department's decision shall be provided to the
				  applicant within 45 business days after completion of the hearing or the report
				  required under s. 227.116(4),
				  Stats. The decision may be provided to the applicant electronically or by
				  mail.
(2) When an applicant's
				  proposed project requires more than one department approval for which a time
				  limit has been established pursuant to s.
				  227.116(1r),
				  Stats., decisions to which this chapter applies shall be made by the last day
				  of the longest applicable time limit or by the date of the report required by
				  s. 227.116(4),
				  Stats.
Note:
For example, if an applicant requests
					 both a general permit and an individual permit for a single and complete
					 project, the individual permit timeline is the applicable regulatory timeline
					 for the project.
(3) The
				  time limits specified in subchs. I and II do not include the number of business
				  days between any of the following:
(a) The
				  date a decision is made by the department to prepare an environmental impact
				  analysis under s. 1.11, Stats., and the date a
				  final determination is made that the department has complied with s.
				  1.11, Stats.
(b) The date a request is made to an
				  applicant for additional information necessary for the department to issue a
				  decision under the applicable statute and the date that information is received
				  by the department.
(c) The date a
				  class I legal notice under ch. 985, Stats., is mailed by the department and the
				  date the department receives satisfactory proof of publication of that notice
				  from the applicant.
(d) Time delays
				  necessary due to adverse weather.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions › Subchapter IV - Enforcement and Permit Proceedings › Section NR 300.24 - Inspection authority

Current through June 24, 2024
(1) For purposes of making a regulatory
				  decision under subchs. I to IV or determining compliance with a project
				  authorized under a regulatory decision under subchs. I to IV, the department
				  may do any of the following:
(a) Enter and
				  inspect any property on which is located a wetland or part of a wetland or a
				  waterway for which an application or request under subch. I or II has been
				  submitted.
(b) Enter and inspect
				  any property on which is located a wetland or waterway to investigate a
				  discharge that the department has reason to believe is in violation of this
				  chapter.
(c) Gain access to and
				  inspect any records that a holder of a wetland or waterway individual permit or
				  a person acting under the authority of a wetland general permit is required by
				  the department to keep.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a management
				  program designed to protect legislatively designated wild rivers from
				  development so as to afford the people of this state an opportunity to enjoy
				  those rivers in their natural and free-flowing condition and to assure the
				  well-being of Wisconsin's tourist industry by attracting out-of-state visitors,
				  which the legislature has deemed to be in the public
				  interest.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.02 - Definitions

Current through June 24, 2024
(1) "Wild rivers" for the purpose of this
				chapter are those rivers designated by the legislature in s.
				30.26, Stats.,
				namely:
(a) The Pike river in Marinette
				county from its mouth in section 3, township 34 north, range 21 east, upstream
				to the headwater branches; one branch beginning at the outlet of Coleman lake
				in section 17, township 36 north, range 18 east, and the other branch beginning
				at the outlet of North pond in section 20, township 37 north, range 18
				east.
(b) The Pine river in
				Florence and Forest counties from its mouth in section 28, township 39 north,
				range 19 east, upstream to the headwater branches; one branch beginning at the
				outlet of Butternut lake in section 27, township 40 north, range 12 east, and
				the other branch beginning in section 11, township 38 north, range 12
				east.
(c) The Popple river in
				Florence and Forest counties from its mouth in section 23, township 39 north,
				range 17 east, upstream to the headwater branches; one branch beginning in
				section 10, township 38 north, range 13 east, one branch beginning in section
				23, township 38 north, range 13 east, and one branch beginning in section 24,
				township 38 north, range 14 east.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.03 - Management of lands adjacent to wild rivers

Current through June 24, 2024
(1) On lands owned
				or under control of the department by lease, easement or agreement, the
				department may:
(a) Carry out erosion control
				measures necessary to protect the lands within the protection zone from erosion
				caused by human disturbance using natural materials not foreign to the
				immediate surroundings.
(b) Carry
				out restoration activities necessary to restore the natural appearance of river
				areas previously modified by man, without introduction of materials foreign to
				the immediate surroundings, implementing a natural evolutionary
				process.
(c) Carry out forest fire
				suppression activities.
(d) Develop
				limited walk-in access areas to allow or accommodate the launching of water
				craft.
(e) Except as provided in
				pars. (a) and (b) provide no vegetative control within 150 feet from the bank
				on either side of a wild river. Outside timber cutting in accord with the
				guidelines established in the department's silvicultural and forest aesthetics
				handbook shall be practiced.
(f)
				Erect signs or markers on the perimeter of the protection zone necessary for
				guidance and regulation of recreational use or users.
(g) Control insect outbreaks that endanger
				land or vegetation outside of the protection zone.
(h) Locate primitive campsites well screened
				by vegetation or topography from the wild rivers. Such campsites shall not
				provide public vehicular access.
(i) Except as otherwise provided in this
				section, conduct no grading on the banks of the wild rivers.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.04 - Wild rivers alteration

Current through June 24, 2024
(1) DAMS. To preserve the free flowing state
				of wild rivers, no man-made dams or other man-made structures which impound
				water shall be permitted on such rivers with the exception of those projects,
				licensed by the federal energy regulatory commission, in existence prior to
				November 18, 1965.
(2) BULKHEAD
				LINES, STRUCTURES OR DEPOSITS. Except as otherwise provided in s.
				NR
				302.03, to protect and preserve the public rights
				including maintenance of natural condition, beauty, and rights incident to
				navigation no permits or approvals for bulkhead lines or other structures or
				deposits as defined in ss.
				30.11
				and
				30.12,
				Stats., shall be permitted.
(3)
				CHANNEL CHANGES, ENLARGEMENTS, DREDGING AND GRADING. Except as otherwise
				provided in s.
				NR
				302.03 or the removal of man-made or constructed
				objects and structures, no dredging of materials from the bed of any wild river
				shall be permitted, nor shall channels be connected to a wild river, nor shall
				any pond or enlargement be permitted within 400 feet of the ordinary high
				watermark of any wild river. Further, no channel changes pursuant to s.
				30.195,
				Stats., shall be permitted, nor any grading or other removal of topsoil on the
				bank of a wild river.
(4) SHORE
				PROTECTION. Shoreline protection measures defined in s.
				30.12(3)
				(a), Stats., may be permitted if:
(a) Natural materials not foreign to the
				immediate surroundings are used; and
(b) Are necessary only to restore man-induced
				erosion areas to a more natural state.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.05 - Department cooperation

Current through June 24, 2024
The department shall consult with state, federal and local
				  governmental bodies and their planning agencies in the development of a program
				  for the preservation, protection and enhancement of the wild
				  rivers.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.06 - Utility corridors

Current through June 24, 2024
(1) On other than department owned or
				controlled land, the department shall, to the best of its ability coordinate
				with all interested governmental units and other interested persons in the
				location of proposed utility corridors crossing or affecting wild rivers so as
				to avoid crossing those rivers and reduce or minimize the impact of such
				utility corridors on them.
(2) On
				department owned or controlled land, the department shall exercise its
				authority in a manner consistent with s.
				30.26,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 302 - Management Of Wisconsin's Wild Rivers › Section NR 302.07 - Municipal and department of transportation public highway bridges

Current through June 24, 2024
(1) The
				provisions of this chapter do not apply to the replacement, reconstruction,
				maintenance or repair of department of transportation public highway bridges
				falling within the provisions of s.
				30.2022,
				Stats., and the replacement and reconstruction of municipal public highway
				bridges falling within the provisions of s.
				30.122,
				Stats.
(2) Consistent with the
				legislative direction in ss.
				30.122,
				30.2022
				and
				84.01(23),
				Stats., the department shall actively consult with the department of
				transportation in the development of standards for the design and replacement
				of state, county, town, village and city bridges, arches or culverts to prevent
				undue impairment of public rights in the wild rivers. It shall further act
				under cooperative agreements with the department of transportation so that
				adverse affects of bridge replacement, reconstruction, maintenance and repair
				on the wild rivers and lands adjacent thereto are minimized to the fullest
				extent practicable under legislative mandates. In the development and
				implementation of such standards for wild rivers, necessary new structures
				should cross the stream in the same location as the old crossing or adjacent to
				it when practical, consonant to highway safety and a practical alternative site
				with lesser impacts on the wild river is not available.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 310 › Subchapter III › Section NR 310.10

Current through June 24, 2024
Local land use or building permits may also be required.
						Applicants are responsible for obtaining all necessary local permits or
						approvals for their activity.
Federal permits may also be required. Applications for
						general permits are joint applications for both state and federal permits. The
						applicant shall mail a duplicate copy of the completed general permit
						application form to the St. Paul district, U.S. army corps of engineers to seek
						federal authorization. Applicants are responsible for obtaining all necessary
						federal permits or approvals for their activity.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.01 - 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 placement of bridges and culverts in or over navigable
				  waterways as regulated under s.
				  30.123,
				  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 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.02 - Applicability

Current through June 24, 2024
(1) BRIDGES AND CULVERTS PLACEMENT. This
				chapter applies to construction, placement and maintenance of bridges and
				culverts in or over navigable waterways as regulated under s.
				30.123,
				Stats. Any person that intends to construct, place or maintain a bridge or
				culvert in or over any navigable waterway shall comply with all applicable
				provisions of this chapter and any permit issued under this chapter.
Note: A permit that is granted under this chapter does not
				  constitute review or authorization of floodplain effects. Where bridge or
				  culvert activities occur in a mapped floodplain, permits will be required from
				  the local municipality. The permittee shall assume all responsibility and
				  liability for any direct or indirect damage caused or resulting from the
				  presence of the bridge or culvert.
(2) MUNICIPAL HIGHWAY BRIDGES.
(a) Municipalities are not required to obtain
				a permit or approval pursuant to s.
				30.10,
				30.12
				or
				31.23,
				Stats., prior to constructing a municipal highway bridge. However, municipal
				highway bridges cannot obstruct navigation. All municipal highway bridges shall
				be constructed or reconstructed in accordance with standards developed under s.
				84.01,
				Stats.
Note: Municipal highway bridges must continue to meet local
				  floodplain zoning requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.03 - Definitions

Current through June 24, 2024
(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).
(bm) A surface water identified as an
				outstanding or exceptional resource water under s.
				281.15,
				Stats.
(c) 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 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.04 - Bridge and culvert clearance over navigable waterway

Current through June 24, 2024
(1) New bridges or
				culverts or replacements of existing bridges and culverts spanning navigable
				waterways, shall, except as provided in this section, maintain a clearance of
				not less than 5 feet.
(2) The
				department may require clearance of more than 5 feet when the waterway has been
				or is likely to be navigated when it is above its ordinary high water mark
				elevation or if it is used by watercraft or snowmobiles requiring greater
				clearance.
(3) The department may
				allow less than 5 feet of navigation clearance when all of the following apply:
(a) The waterway is known to have little or
				no navigation or snowmobile use.
(b) The waterway is not anticipated to have
				navigational use by other than lightweight craft.
(c) The owner provides a portage over or
				around the bridge or culvert.
(d)
				The reduced clearance would not be detrimental to the public
				interest.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.05 - Bridge enforcement for municipal highway bridges

Current through June 24, 2024
Upon receipt of written complaint, the department shall
				  investigate the construction or maintenance of any municipal highway bridge. In
				  evaluating complaints, the department shall apply the principles in Capt. Soma
				  Boat Line, Inc. v. City of Wisconsin Dells (56 Wis. 2d 838 (1973)) to determine
				  what course of action it will follow in the case. The department shall apply
				  the clearance standards in this chapter in determining whether a municipal
				  highway bridge constitutes an obstruction to navigation.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.07 - Culvert area calculation, culvert sizing, and culvert length determination

Current through June 24, 2024
Applicants shall use the following calculation and assessment
				  methods:
(1) CALCULATION OF REQUIRED
				CULVERT AREA. To determine the required culvert area, 3 measurements shall be
				made: channel width of the stream in feet at the ordinary high water mark (W1),
				channel width of the stream in feet at the stream bottom (W2), and the height
				in feet of the high water above the stream bottom (H) (see diagram). These 3
				measurements shall be made at each of 3 locations or transects along the
				stream: the location of the proposed crossing, 100 feet upstream from the
				crossing, and 100 feet downstream from the crossing. The individual
				measurements of W1, W2 and H shall be averaged to derive the final W1, W2 and H
				values. The required culvert area is then calculated with the following
				equation:
Required Culvert area (square feet) = H x (W1 + W 2)
See
								Image
(2)
				CULVERT SIZING. Once the required culvert area has been determined, the
				applicant can identify the proper culvert size by reviewing the following
				tables. The minimum size culvert needed to pass flows must have an area that is
				as much or more than the required culvert area. For example, the recommended
				culvert size for a culvert area calculation of 8.50 square feet would be 42".
Table 1. Round culvert diameters and corresponding culvert
				  area.
Culvert diameter (in.)
Culvert area (sq. ft.)
18
1.80
24
3.10
30
4.90
36
7.10
42
9.60
48
12.60
54
15.90
60
19.60
66
23.80
Note: To find the area of any round culvert, use the
				  following equation:
Culvert diameter (in.) divided by 2 = _____ divided by 12 =
				  _____ (radius in ft.)
Radius x Radius x 3.14 = _________ (area of culvert in sq.
				  ft.)
Table 2. Pipe arch dimensions and corresponding culvert
				  area.
Pipe width or span (in.)
Pipe height or rise (in.)
Culvert area (sq. ft.)
43
27
6.4
50
31
8.7
58
36
11.4
65
40
14.3
72
44
17.6
73
55
22.0
85
54
25.3
81
59
26
87
63
31
95
67
35
103
71
40
(3)
				CULVERT LENGTH DETERMINATION. The proper culvert length is determined by the
				following calculation:
See
								Image
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.08 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				30.12,
				30.123,
				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 seek abatement under s.
				30.294, Stats., for any activity
				in violation of ss. 30.12,
				30.123,
				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
				bridge or culvert in or over 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 323 - Fish And Wildlife Habitat Structures In Navigable Waterways › Section NR 323.01 - 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 placement of fish and wildlife habitat structures in
				  navigable waterways as regulated under s.
				  30.12(1),
				  (1g) (a), (c) and (d), (2m) and (3m) and
				  30.20(1g)
				  (b) 1 and 2., 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 323 - Fish And Wildlife Habitat Structures In Navigable Waterways › Section NR 323.02 - Applicability

Current through June 24, 2024
This chapter applies to construction, placement and
				  maintenance of fish and wildlife habitat structures regulated under ss.
				  30.12(1),
				  (1g) (a), (c) and (d), (2m) and (3m) and
				  30.20(1g)
				  (b) 1 and 2., Stats. Any person that intends
				  to construct, place or maintain a fish or wildlife habitat structure in any
				  navigable waterway shall comply with all applicable provisions of this chapter
				  and any permit issued under this chapter.
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 323.06 - 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
				fish or wildlife habitat 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 324 - Fishing rafts in navigable waters › Section NR 324.01 - Purpose

Current through June 24, 2024
These rules are developed pursuant to ss.
				  30.126(5) (g), (j) and
				  (6) (a) and
				  227.11(2)
				  (a) and (b), Stats., to establish minimum
				  standards for flotation devices used on fishing rafts, for maintenance and
				  repair of fishing rafts to ensure an aesthetically pleasing appearance and to
				  reduce the possibility of fishing rafts being a source of debris or litter in
				  the waterway, and for uniform registration of fishing rafts on authorized
				  portions of the Wolf river.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.02 - Applicability

Current through June 24, 2024
This chapter shall apply to all fishing rafts on the Wolf
				  river and its tributaries from the Shawano dam downstream to Lake
				  Poygan.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.03 - Definitions

Current through June 24, 2024
(1) "Fishing raft" has the meaning given in
				s.
				30.01(1p),
				Stats., and may include a boat when it is not normally used as a means of
				transportation on water and when it is normally retained in place by means of a
				permanent or semi-permanent attachment to the shore or to the bed of a
				waterway.
(2) "Flotation device"
				has the meaning given in s.
				30.01(1t),
				Stats.
(3) "From the waterway" for
				the purposes of s.
				30.126(5)
				(f), Stats., and this chapter, means above
				and landward of the ordinary high water mark.
(4) "Normally retained in place by means of a
				permanent or semi-permanent attachment to the shore or the bed of the
				waterway", for purposes of s.
				30.01(1p),
				Stats., and this chapter, means a placement waterward of the ordinary high
				water mark and on the water for a minimum of 14 consecutive days in each
				year.
(5) "Ordinary high water
				mark" means the point on the bank or shore up to which the presence and action
				of surface water is so continuous as to leave a distinctive mark either by
				erosion, destruction of terrestrial vegetation, or other easily recognized
				characteristic. Where the bank or shore at any particular place is of such
				character that it is impossible or difficult to ascertain where the point of
				ordinary high water mark is, recourse may be had to other places on the bank or
				shore of the same stream or lake to determine whether a given stage of water is
				above or below the ordinary high water mark.
(6) "Wolf river municipality" has the meaning
				given in s.
				30.01(10),
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.04 - Registration and transfer

Current through June 24, 2024
(1) Any person
				constructing, placing or maintaining a fishing raft on authorized portions of
				the Wolf river and its stream tributaries shall register each fishing raft
				annually with the municipality in which the fishing raft will be most
				frequently used.
(2) All
				registrations shall expire on December 31 of each year.
(3) Any person who acquires an interest in an
				existing fishing raft shall submit an application within 15 days to transfer
				the registration number and shall include the information required in s.
				NR
				324.06.
(4)
(a) If
				a Wolf river municipality fails to adopt by ordinance a uniform registration
				for fishing rafts within 120 days after February 1, 1985 or fails to adequately
				administer or enforce the uniform registration system for fishing rafts, the
				department, after providing notice and conducting a hearing on the matter, may
				adopt or administer and enforce the uniform registration system for fishing
				rafts in that municipality.
(b) If
				the department adopts, administers or enforces the uniform registration system
				for fishing rafts in a Wolf river municipality the owner of the raft shall
				register the fishing raft with the department of natural resources.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.05 - Application for registration

Current through June 24, 2024
An application for new or renewal fishing raft registration
				  shall contain the following information:
(1) The owner's name;
(2) The owner's address, including ZIP code,
				and telephone number;
(3) The name
				of the municipality in which the fishing raft is or will be most frequently
				used;
(4) The registration number
				authorized previously for the fishing raft, if any, and expiration
				date;
(5) Whether the application
				is a new registration, renewal of registration or transfer of ownership;
				and
(6) Written permission from the
				riparian owner of the site at which the raft is to be located or proof of
				riparian ownership such as a copy of a deed or tax statement.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.06 - Registration fee

Current through June 24, 2024
(1) The annual fishing raft registration fee
				shall be $5 and shall accompany each new or renewal registration
				application.
(2) A fee is not
				required for a transfer of ownership application if the previous owner has paid
				the fee for that calendar year.
(3)
				The municipality shall use the annual registration fee to administer and
				enforce the uniform registration system and fishing raft
				restrictions.
(4) If the department
				adopts, administers or enforces the uniform registration system for fishing
				rafts in a Wolf river municipality, the department will retain all registration
				fees for fishing rafts registered in that municipality.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.07 - Registration certificate

Current through June 24, 2024
(1) The
				municipality shall issue a certificate of registration which contains the
				following information for each fishing raft:
(a) Fishing raft registration
				number;
(b) Expiration
				date;
(c) Name of issuing
				municipality;
(d) Owner's name;
				and
(e) Owner's address, including
				ZIP code.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.08 - Numbering pattern

Current through June 24, 2024
(1) Fishing raft registration numbers shall
				consist of 2 capital letters designating the municipality issuing the
				registration followed by 4 arabic numerals which are unique for each different
				fishing raft registered in that municipality.
(2) The letter abbreviations for issuing
				municipalities shall be the following:
(a)
				Outagamie county.
1. Town of:
a. Liberty - LB
b. Hortonia - HR
c. Ellington - EL
d. Maple Creek - MC
e. Bovina - BV
f. Maine - MA
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.09 - Displaying fishing raft number

Current through June 24, 2024
(1) FISHING RAFT.
				The assigned registration number shall be painted on or firmly attached to the
				river-facing side of the fishing raft for which it was issued. The number shall
				be placed to make it legible from the waterway adjacent to the fishing raft,
				shall read from left to right, shall be in block characters not less than 3
				inches high, shall be colored to contrast with the background and shall be
				maintained to be clearly visible and legible.
(2) FLOTATION DEVICES. The assigned
				registration number shall be painted on or firmly attached to at least one
				location on each flotation device. The number shall be colored to contrast with
				the background, shall be in block letters not less than 3 inches high, shall
				read from left to right, and shall be maintained to be clearly visible and
				legible.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.10 - Maintaining fishing rafts

Current through June 24, 2024
(1) A fishing raft
				owner shall maintain his or her fishing raft in sound condition and according
				to the standards in this section.
(2) All fishing rafts shall conform to the
				following standards:
(a) The owner shall
				maintain the fishing raft in an aesthetically pleasing manner;
(b) The owner shall maintain flotation
				devices in compliance with s.
				NR
				324.11;
(c) The owner shall firmly attach any
				railings to the fishing raft and shall repair or remove loose or unattached
				railings;
(d) If the fishing raft
				is equipped with a toilet, the owner shall maintain the toilet to comply with
				ch. SPS 384 as if the toilet was on a boat;
(e) The owner shall firmly attach the fishing
				raft to the bed or bank of the waterway to ensure the fishing raft will not
				break loose;
(f) The owner shall
				remove anchors, cables, spud poles or other similar devices which anchor or
				attach the fishing raft to the bed or bank when removing the fishing raft from
				the waterway;
(g) The owner shall
				attach reflectors, reflecting tape or lights in a conspicuous location on each
				fishing raft and to make the fishing raft easily visible from the waterway in
				the dark.