Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.03 - Definitions

Current through June 24, 2024
For the purposes of this chapter, the following definitions
				  are applicable:
(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.
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) "Artificial water body" means
				a proposed or existing body of water that does not have a history of being a
				lake or stream or of being part of a lake or stream.
(3) "Connects with a navigable waterway"
				means any artificial waterbody that is attached by means of enlargement or by a
				natural or artificial channel or drainage course, or an open or closed conduit,
				any of which tend to confine and direct flow into the existing navigable
				waterway.
(4) "Department" means
				the department of natural resources.
(5) "Grading" means the physical disturbance
				of the bank by the addition, removal or redistribution of soil.
(6) "Land disturbing construction activity"
				means any man-made alteration of the land surface resulting in a disturbance to
				soil 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.
(7)
				"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).
(8) "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.
(9) "Storm event" means any amount of
				precipitation equal to or greater than 0.01 inches with a minimum time between
				storms of 6 hours.
(10)
				"Stormwater" means runoff from precipitation including rain, snow, ice melt or
				similar water that moves on the land surface via sheet or channelized
				flow.
(11) "Stormwater management
				pond" means any temporary or permanent artificial water body designed to
				specifications generally accepted to reduce the water quantity or water quality
				impacts of stormwater and to hold water for any period of time. This does not
				include facilities to which this chapter is not applicable as listed in s.
				NR
				343.02(3) (f), (g) and (h).