Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 1 - Natural Resources Board Policies › Section NR 1.06 - Identification of public rights features

Current through June 24, 2024
(1) DEPARTMENT TO
				ASSESS WATERS. To fulfill its affirmative duty to protect public trust waters,
				the department shall assess the state's public trust waters to identify
				locations of public rights features where activities shall require general or
				individual permit review in lieu of exemptions, or reasonable limitations on
				location to assure that the public's rights and interests under the public
				trust doctrine are protected, under ss.
				30.12(1p)
				(a) 3. and (2m),
				30.123(6m) and
				(6s),
				30.20(1k)
				(a) 2. and (1m),
				30.206(1) (ag), (3) and
				(3r), Stats.
(2) EXEMPTIONS NOT ALLOWED. Due to the
				potential significant adverse impacts of the activity on public rights
				features, exemptions listed in ss.
				30.12(1g)
				(km) and
				30.20(1g)
				(b)2, Stats., are not allowed in locations
				where there are public rights features as described under sub. (5). General or
				individual permits are required for those activities in locations of public
				rights features.
Note:
Exemptions not allowed in locations of
				  public rights features are: intake or outfall structures other than dry
				  hydrants; replacement culverts with inside diameter not more than 24 inches;
				  dredging without auxiliary power. However, new and existing piers may be exempt
				  in areas with public rights features under s.
				  30.13,
				  Stats., as set forth in ch. NR 326.
(3) EXEMPT ACTIVITIES. For those activities
				that are not allowed in locations where there are public rights features as
				described under sub. (5), a person may undertake an exempt activity after the
				person has evaluated the site and determined that the activity is not in the
				location of a public rights features as described under sub. (5).
Note:
Anyone undertaking a project in public
				  waters is encouraged to seek a voluntary exemption determination as provided
				  for in s.
				  30.12(2r),
				  30.123(6r)
				  or
				  30.20(1r),
				  Stats. A one-page form for requesting a determination is available from
				  department service centers and at the department's website at
http://dnr.wi.gov
under the topic
				  "Waterway and Wetland Permits."
Note:
As required by ch. NR 310, the department
				  will make reasonable efforts to determine whether sites that are the subject of
				  exemption determination requests or general permit applications are locations
				  of public rights features and will notify requestors or
				  applicants.
(4) DEPARTMENT
				DETERMINATION. For those activities that are not exempt or eligible for general
				permits in locations where there are public rights features as described in
				sub. (5), the department will base determinations of whether activities are in
				locations of public rights features on information as specified in sub.
				(6).
(5) PUBLIC RIGHTS FEATURES
				IDENTIFIED. Public rights features are:
(a)
				Fish and wildlife habitat, including specific sites necessary for breeding,
				nesting, nursery and feeding.
Note:
Physical features constituting fish and
				  wildlife habitat include stands of aquatic plants; riffles and pools in
				  streams; undercut banks with overhanging vegetation or that are vegetated
				  above; areas of lake or streambed where fish nests are visible; large woody
				  cover.
(b) Physical features
				of lakes and streams that ensure protection of water quality.
Note:
Physical features that protect water
				  quality include stands of aquatic plants (that protect against erosion and so
				  minimize sedimentation), natural streambed features such as riffles or boulders
				  (that cause turbulent stream flow and so provide aeration).
(c) Reaches of bank, shore or bed that are
				predominantly natural in appearance (not man-made or artificial) or that screen
				man-made or artificial features.
Note:
Reaches include those with stands of
				  vegetation that include intermixed trees, shrubs and grasses; stands of mature
				  pines or other conifer species; bog fringe; bluffs rising from the water's
				  edge; beds of emergent plants such as wild rice, wild celery, reeds,
				  arrowhead.
(d) Navigation
				thoroughfares or areas traditionally used for navigation during recreational
				boating, angling, hunting or enjoyment of natural scenic beauty.
Note:
Physical features indicative of navigation
				  thoroughfares include shallow water areas typically used by wading anglers or
				  areas frequently occupied by regularly repeated public uses such as water
				  shows.