Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 329 - Miscellaneous Structures In Navigable Waterways › Section NR 329.04 - Miscellaneous structures

Current through June 24, 2024
(1) EXEMPTIONS.
(a)
Procedures
. Exemptions
				shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activitie
s. A
				dry fire hydrant that meets the standards in pars. (c) and (d) shall be exempt
				under s. 30.12(1g) (g),
				Stats. An intake or outfall structure that meets the standards in pars. (c) and
				(e) shall be exempt under s.
				30.12(1g) (km),
				Stats. A piling that meets the standards in pars. (c) and (f) shall be exempt
				under s. 30.12(1g) (h),
				Stats.
Note:
Eligibility for an exemption or general
				  permit does not automatically result in a federal permit or state water quality
				  certification for fill in wetlands. Some projects involving minimal wetland
				  fill may be eligible for authorization under a U.S. Army Corps of Engineers
				  general permit which has already been granted state water quality certification
				  or a general permit under s.
				  281.36(3g) (b),
				  Stats. (under development) All other projects affecting wetlands will require
				  individual water quality certification including public notice as required by
				  s. 401, Federal Clean Water Act, and s.
				  281.36(3b) (b),
				  Stats., and carried out under chs. NR 103 and 299. For further instructions,
				  see the department's website at http://dnr.wi.gov under the topic "Waterway and
				  Wetland Permits."
(c)
General standards
.
1. Exempt
				activities under this section may not be located in an area of special natural
				resource interest or within a public rights feature as described in s. NR
				1.06.
2. Erosion control measures
				shall meet or exceed the technical standards for erosion control approved by
				the department under subch. V of ch. NR 151. Any area where topsoil is exposed
				during construction shall be immediately seeded and mulched or riprapped to
				stabilize disturbed areas and prevent soils from being eroded and washed into
				the waterway.
Note:
These standards can be found at the
				  following website:
				  http://dnr.wi.gov/topic/stormwater/standards/.
3. Unless part of a permanent stormwater
				management system, all temporary erosion and sediment control practices shall
				be removed upon final site stabilization. Areas disturbed during construction
				or installation shall be restored.
4. To protect fish habitat during spawning
				seasons, no exempt activity may take place during the following time periods:
a. For perennial tributaries to trout streams
				identified under s. NR 1.02 (7), September 15 through May 15.
b. For all waters not identified under subd.
				4. a. and located south of state highway 29, March 15 through May 15.
c. For all waters not identified under subd.
				4. a. and located north of state highway 29, April 1 through June
				1.
5. To stop the spread
				of invasive species and viruses from one navigable waterway to another
				navigable waterway, all equipment or portions of equipment used for
				constructing, operating, or maintaining the project, including tracked
				vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and
				pumps, shall be decontaminated for invasive species and viruses before and
				after use or prior to use within another navigable waterway. Decontamination
				activities shall be performed by taking actions specified in subd. 5. a. to c.
				or h. Decontamination shall include either subd. 5. d., e., f., g., or h. for
				any equipment, or portions of equipment, that is used in non-frozen navigable
				waters when the air temperature is above 19 degrees Fahrenheit at the time the
				decontamination procedures take place.
a.
				Inspect all equipment used for constructing, operating, or maintaining the
				project and remove all plants and animals, and other mud, debris,
				etc.
b. Drain all water from
				equipment used in navigable waters.
Note:
This does not apply to water in closed
				  engine cooling systems or water tanks, or containers of potable drinking water
				  or other beverages meant for human consumption. If a tanker truck discharges
				  water collected from navigable waters in upland areas, the tank does not
				  require disinfection.
c.
				Dispose of plants and animals in the trash. An operator may not transfer plants
				or animals or water from one navigable waterway to another.
d. Wash equipment at a temperature of not
				less than 212 degrees Fahrenheit water (steam clean).
e. Wash equipment with soap and water or high
				pressure water of not less than 2000 pounds per square inch.
f. Allow equipment to dry thoroughly for not
				less than 5 days.
Note:
Additional drying techniques including
				  drying through natural or mechanical means or changes in drying duration may be
				  submitted to the department for review and approval.
g. Disinfect equipment with 200 parts per
				million (0.5 ounces per gallon) chlorine for not less than 10 minute contact
				time. Every effort should be made to keep the disinfection solution and rinse
				water out of surface waters.
Note:
Chlorine refers to either household bleach
				  solution (5.25% chlorine) or granular chlorine (70% calcium
				  hypochlorite).
h. Follow the
				most recent department approved disinfection protocols or department approved
				best management practices for infested waters. The department shall maintain on
				its website and make available at its offices a list of the most recent
				disinfection protocols or department approved best management practices for
				invasive species and viruses.
Note:
See the department's website at
				  http://dnr.wi.gov under the topic "Waterway and Wetlands". Recommendations for
				  additional disinfection or decontamination protocols or department approved
				  best management practices may be submitted to the department for review and
				  approval to be added to this list.
(d)
Dry fire hydrant
				standards
.
1. A dry fire hydrant may
				be placed and maintained only by a riparian, or by a municipality with the
				permission of the riparian.
2. A
				dry fire hydrant shall be placed entirely within the riparian's zone of
				interest, as determined by one of the methods outlined in ch. NR 326.
3. A dry fire hydrant may not be placed in a
				wetland or in a manner that adversely impedes surface or subsurface flow into
				or out of any wetland.
4. A dry
				fire hydrant shall have a perforated inlet screen with cap on the inlet
				end.
5. A dry fire hydrant shall be
				installed with the riser landward of the ordinary high water mark except where
				installed on a bridge or culvert.
6. A dry fire hydrant located in a lake, pond
				or flowage shall be installed so that the inlet pipe is at least 3 feet below
				the surface water level during normal low water level conditions. A dry fire
				hydrant in rivers and streams shall be installed so that the inlet pipe is at
				least one foot below the surface water level during normal low water flow
				conditions.
7. A dry fire hydrant
				may not result in the permanent or temporary deposition of fill in any floodway
				or wetland.
Note:
Installation of a dry fire hydrant does
				  not authorize the placement of any fill material to access the
				  hydrant.
8. A dry fire
				hydrant may not result in the waterward extension of the upland.
9. Any grading, excavation and land
				disturbance shall be confined to the minimum area necessary for the
				construction and may not exceed 10,000 square feet.
10. All equipment used for the project shall
				be designed and properly sized to minimize the amount of sediment that can
				escape into the water.
11. A
				deposit of sand, gravel or stone under s.
				30.12(1g) (a),
				Stats., may be associated with the placement of a dry fire hydrant provided the
				deposit is limited to the area underneath the structure and is less than 2
				cubic yards.
12. Dredging under s.
				30.20(1g) (b)
				1, Stats., may be associated with the
				placement of a dry fire hydrant provided the dredging does not exceed 2 cubic
				yards.
(e)
Intake
				or outfall structure standards.
1. An
				intake or outfall structure may be placed and maintained only by a riparian, or
				by a municipality with the permission of the riparian.
2. An intake or outfall structure shall be
				placed entirely within the riparian's zone of interest, as determined by one of
				the methods outlined in ch. NR 326.
3. An intake or outfall structure, including
				any wingwalls and rock riprap, shall be less than 6 feet from the water side of
				the ordinary high water mark and less than 25% of the width of the channel in
				which it is placed.
4. An intake or
				outfall structure may not be placed in a manner that adversely impedes surface
				or subsurface flow into or out of any wetland.
5. An intake or outfall structure may not
				result in the permanent or temporary deposition of fill in any floodway or
				wetland.
6. An intake or outfall
				structure may not result in the waterward extension of the upland.
7. Any grading, excavation and land
				disturbance shall be confined to the minimum area necessary for the
				construction and may not exceed 10,000 square feet.
8. All equipment used for the project shall
				be designed and properly sized to minimize the amount of sediment that can
				escape into the water.
9. A deposit
				of sand, gravel or stone under s.
				30.12(1g) (a),
				Stats., may be associated with the placement of an intake or outfall structure
				provided the deposit is limited to the area underneath or within 4 feet of the
				structure and is less than 2 cubic yards.
10. Dredging under s.
				30.20(1g) (b)
				1, Stats., may be associated with the
				placement of an intake or outfall structure provided the dredging does not
				exceed 2 cubic yards.
11. Outfall
				structures may not exceed 24 inches in diameter, and in streams, may not result
				in a discharge of more than 50% of the stream's base flow (80% exceedence flow)
				at any given time.
12. Intake
				structures may not exceed 12 inches in diameter and the invert of the culvert
				shall be located above the public rights stage elevation as determined by the
				department under s. 31.02,
				Stats.
(f)
Piling
				standards
.
1. A piling may be placed
				and maintained only by a riparian.
2. A piling shall be placed entirely within
				the riparian's zone of interest, as determined by one of the methods outlined
				in ch. NR 326.
3. A piling may not
				be placed in a manner that adversely impedes surface or subsurface flow into or
				out of any wetland.
4. A piling may
				not result in the permanent or temporary deposition of fill in any floodway or
				wetland.
5. A piling shall be
				placed only for the purposes of deflecting ice to protecting an existing or
				proposed structure, or providing a pivot point for turning watercraft.
Note:
A piling as described in this rule may not
				  be used for the purpose of constructing, repairing or maintaining a retaining
				  wall, seawall or similar structure, or for any purpose other than described
				  above.
6. A piling may not
				be placed or used for mooring a water craft, except in Lake Michigan, Lake
				Superior or on the Mississippi River.
7. A piling may consist of a group of not
				more than 5 individual piles placed adjacent to each other and firmly bound
				together.
8. Any grading,
				excavation and land disturbance shall be confined to the minimum area necessary
				for the construction and may not exceed 10,000 square feet.
9. All equipment used for the project shall
				be designed and properly sized to minimize the amount of sediment that can
				escape into the water.
10. A
				deposit of sand, gravel or stone under s.
				30.12(1g) (a),
				Stats., may be associated with the placement of piling provided the deposit is
				limited to the area underneath the piling and is less than 2 cubic
				yards.
11. Dredging under s.
				30.20(1g) (b)
				1, Stats., may be associated with the
				placement of piling provided the dredging does not exceed 2 cubic
				yards.
12. Pilings shall have a
				minimum side setback of 10 feet from the riparian zone.
(g)
Permit required
.
1. Activities which do not meet the standards
				in par. (c) and either par. (d), (e) or (f) or are otherwise determined
				ineligible for an exemption by the department under s.
				30.12(2m),
				Stats., shall require a general permit or individual permit.
2. The department has the authority under s.
				30.12(1m),
				Stats., to require a permit in lieu of exemption.