Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 351 - Exemptions from water quality certification in nonfederal wetlands › Section NR 351.05 - Incorporation by reference

Current through June 24, 2024
The following federal regulations, rules, memoranda of
				  agreement, guidance letters, interpretive documents or other provisions
				  established by a federal agency that is promulgated or adopted pursuant to s.
				  33 USC
				  1344(f) or that is used to
				  interpret or implement s.
				  33 USC
				  1344(f) when determining
				  whether certain activities in nonfederal wetlands are exempt or not eligible
				  for exemption under s.
				  281.36(4)
				  and (5), Stats., are hereby incorporated by
				  reference under ss.
				  227.21(2)
				  and
				  281.36(6),
				  Stats.:
(1) Code of Federal
				Regulations (CFR). U.S. Army Corps of Engineers Regulatory Program Regulations
				33 CFR 320- 331 and U.S. Environmental Protection Agency Program Regulations 40
				CFR 232.
Part
Name
33 CFR
Part 320
General Regulatory Policies -July 1, 2001
								Edition
33 CFR
Part 323
Permits for Discharges of Dredged or Fill Material
								Into Waters of U.S. -
July 1, 2001 Edition
33 CFR
Part 328
Definition of Waters of the United States - July 1,
								2001 Edition
40 CFR
Part 232
404 Program Definitions; Exempt Activities Not
								Requiring Permits -July 1, 2000 Edition
Note: The documents in Table 1 are available at the following
				  websites. U.S. Army Corps of Engineers, Regulatory Program, Statutory,
				  Administrative & Judicial Materials (
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx
).
				  U.S. Environmental Protection Agency documents (
http://www.epa.gov/epahome/rules.html#codified)
and
				  Title 40 CFR: Protection of the Environment (
http://www.epa.gov/epahome/cfr40.htm)
.Copies
				  of these materials are available for inspection in the offices of the
				  department of natural resources, secretary of state and legislative reference
				  bureau, Madison, Wisconsin and in some public libraries or may be purchased for
				  personal use from:
Superintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954
(2) U.S. Army Corps of Engineers Regulatory
				Guidance Letters.
RGLs
Title
82-03
Irrigation Exemption in Section 404(F)(1)(C) of the
								Clean Water Act
84-01
Regulatory Jurisdiction Over Vegetative
								Operations
84-05
Fifth Circuit Decision in Avoyelles vs.
								Marsh
85-04
Agricultural Conversion
86-01
Exemptions to Clean Water Act - Plowing
86-03
Exemption of Farm and Forest Roads
87-07
Exemption for Drainage Ditch Maintenance
87-09
Exemption for Construction or Maintenance of Farm
								or Stock Ponds
92-02
Water Dependency and Cranberry Production
93-03
Rescission of RGL's 90-5 and 90-8
96-02
Applicability of Exemptions under Section 404(f) to
								"Deep Ripping" Activities in Wetlands
Note: The documents in Table 2 are available at the following
				  website: U.S. Army Corps of Engineers, Regulatory Program, Statutory,
				  Administrative & Judicial Materials (
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx
).
				  Copies of these materials are available for inspection in the offices of the
				  department of natural resources, secretary of state and legislative reference
				  bureau, Madison, Wisconsin and in some public libraries or may be purchased for
				  personal use from:
Superintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954
(3) Memoranda of Understanding and Agreement
				(MOA/MOUs). Memorandum for the Field: Clean Water Act Section 404 Regulatory
				Program and Agricultural Activities (USEPA and Department of the
				Army).
The above MOA can be obtained at website (
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/MOUMOAs.aspx
).
					 Copies of these materials are available for inspection in the offices of the
					 department of natural resources, secretary of state and legislative reference
					 bureau, Madison, Wisconsin and in some public libraries or may be purchased for
					 personal use from:
Superintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954