reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.10 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				30.19 and
				30.206, Stats., this chapter, or
				any conditions of a 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. 30.19 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 grade on
				the bank of 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 343 - Ponds And Artificial Waterways › Section NR 343.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria defining
				  those activities needing a permit for a pond or artificial water body as
				  required by s.
				  30.19(1g)
				  (a) and (am), Stats.; and to specify permit
				  requirements necessary to protect public health, safety, welfare, rights and
				  interest and to protect riparian landowner's rights and property for pond sites
				  regulated under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.02 - Applicability

Current through June 24, 2024
(1) POND OR ARTIFICIAL WATER BODY SITES. This
				chapter applies to activities regulated under s.
				30.19(1g)
				(a) and (am), Stats. An application to
				construct, dredge or enlarge any part of a pond or artificial water body shall
				be filed with the department pursuant to ch. NR 310 by any person for any
				artificial water body that either:
(a)
				Connects with a navigable waterway.
(b) Is located within 500 feet of the
				ordinary high water mark of an existing navigable waterway.
Note: This includes a stormwater management pond that does
				  not discharge into a navigable waterway except as a result of storm
				  events.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.04 - Pond or artificial water body application

Current through June 24, 2024
All of the following information shall be submitted for a
				  pond or artificial water body application:
(1) OWNERSHIP. A copy of the deed, lease,
				land contract or other document showing ownership of the project
				site.
(2) PHOTOS. Photographs that
				clearly show the existing project area with a size reference.
(3) PERMISSION. Permission from landowners
				for department staff to enter the site.
(4) PLANS. Plan drawing sheet, including at
				least one typical cross-section detail.
(5) DESCRIPTION. A narrative description of
				the pond or artificial water body proposal describing:
(a) What the project is.
(b) Methods, materials and equipment to be
				used.
(c) A construction schedule
				and sequence of work.
(d) Erosion
				control plan in accordance with s.
				NR
				216.46.
(e) Site map in accordance with s.
				NR
				343.05(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.05 - Erosion control plan requirements

Current through June 24, 2024
(1) SITE-SPECIFIC
				PLAN. Any person required to submit an application for a pond or artificial
				water body under this chapter shall develop a site specific erosion control
				plan in accordance with s.
				NR 216.46(1) to
				(4).
(2) SITE MAP REQUIREMENTS. Each pond or
				artificial water body site map shall include all of the following:
(a) Existing topography and drainage
				patterns, roads, waterways and floodplain boundaries.
(b) Location, description and elevation of a
				reference benchmark.
(c) Horizontal
				and vertical scale and north arrow.
(d) Approximate identification of the
				ordinary high water mark.
(e) Area
				between the project site and the water body to be left undisturbed.
(f) Boundaries of the construction site,
				including the area of land disturbing construction activity.
(g) Drainage patterns and approximate slopes
				anticipated after grading activities, including the existing and proposed slope
				of the bank and the water level of the existing waterway.
(h) Area of soil disturbance in square
				feet.
(i) Volume of earth to be
				added or removed in cubic yards.
(j) Location of any disposal area for dredged
				or excavated materials.
(k)
				Location of major structural and non-structural controls identified in the
				erosion control plan.
(L) Location
				of areas where stabilization practices will be employed.
(m) Areas that will be vegetated following
				land disturbing construction activities.
(n) Area and location of wetland acreage on
				the pond or artificial water body site and locations where stormwater is
				discharged to a surface water or wetland within one-quarter mile downstream of
				the pond or artificial water body site.
(o) Areas used for infiltration of
				post-construction stormwater runoff.
(p) An alphanumeric or equivalent coordinate
				system for the entire construction site.
Note: Many of the requirements for a grading project site map
				  are identical to the construction site map requirements of s.
				  NR
				  216.46. A site map prepared to meet the requirements
				  of s.
				  NR
				  216.46 will need to add the information requested in
				  pars. (b) to (e), (i) and (j).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.06 - Construction site inspections and maintenance

Current through June 24, 2024
Any person required to submit an application for a pond or
				  artificial water body under this chapter shall follow the reporting and
				  monitoring requirements in s.
				  NR
				  216.48(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.07 - General permit

Current through June 24, 2024
(1) PROCEDURES.
(a) General permits shall be processed
				according to the procedures in subch. III of ch. NR 310.
(b) If the department determines that a pond
				or artificial water body application submitted under this section has the
				potential to impact an endangered or threatened species in accordance with s.
				29.604,
				Stats., the application shall be deemed incomplete until the applicant submits
				documentation to demonstrate one of the following:
1. The pond or artificial water body project
				avoids impacts to the endangered or threatened species in accordance with s.
				29.604,
				Stats.
2. The pond or artificial
				water body project has received an incidental take authorization under s.
				29.604,
				Stats.
(c) If the
				applicant modifies the pond or artificial waterbody project plans to meet the
				requirements of par. (b), the modified plans shall be submitted before the
				department may consider the application complete or authorized under a general
				permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.08 - Individual permits

Current through June 24, 2024
(1) PROCEDURES.
(a) Individual permits shall be processed
				according to the procedures in subch. IV of ch. NR 310.
(b) If the department determines that a pond
				or artificial water body application submitted under this section has the
				potential to impact an endangered or threatened species in accordance with s.
				29.604,
				Stats., the application shall be deemed incomplete until the applicant submits
				documentation to demonstrate one of the following:
1. The pond or artificial water body project
				avoids impacts to the endangered or threatened species in accordance with s.
				29.604,
				Stats.
2. The pond or artificial
				water body project has received an incidental take authorization under s.
				29.604,
				Stats.
(c) If the
				applicant modifies the pond or artificial waterbody project plans to meet the
				requirements of par. (b), the modified plans shall be submitted before the
				department may consider the application complete or issue an individual
				permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.09 - Requirement for public access

Current through June 24, 2024
A permit issued under this chapter to construct a pond or
				  artificial waterbody and to connect it to a navigable waterway shall require
				  that the navigable portion of the pond or artificial waterbody be a public
				  waterway if the connecting portion is navigable.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 343 - Ponds And Artificial Waterways › Section NR 343.10 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				30.19 and
				30.206, Stats., this chapter, or
				any conditions of a 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. 30.19 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 construct,
				dredge or enlarge any part of a pond or artificial water body that connects
				with or is within 500 feet of 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 345 - Dredging In Navigable Waterways › Section NR 345.01 - 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 removal of material from the beds of navigable waterways
				  as regulated under s.
				  30.20,
				  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 345 - Dredging In Navigable Waterways › Section NR 345.02 - Applicability

Current through June 24, 2024
This chapter applies to removal of material from the bed of
				  navigable waterways under s.
				  30.20(1),
				  (1g) (b), (1m), (1t) and (2), Stats. Any
				  person that intends to remove material from the bed of a navigable waterway
				  shall comply with all applicable provisions of this chapter and any permit
				  issued under this chapter.
For most dredging projects, the discharge of carriage
					 return water is regulated by ch. 283, Stats., and requires a Wisconsin
					 pollutant discharge elimination system (WPDES) permit. Similarly, for most
					 dredging projects, the disposal of dredged material is regulated by ch. 289,
					 Stats., and requires authorization under ch. NR 500. In accordance with 2003
					 Wisconsin Act 118, removal of material from non-navigable waterways is no
					 longer regulated under s.
					 30.20,
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 345 - Dredging In Navigable Waterways › Section NR 345.03 - 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
http://dnr.wi.gov
, under the topic
				  "Waterway and Wetland Permits".
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 345 - Dredging In Navigable Waterways › Section NR 345.05 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				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
				violation of ss. 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 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 remove
				material from the bed of 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 346 - Dredging contract fees › Section NR 346.01 - Purpose

Current through June 24, 2024
These rules are promulgated pursuant to ss.
				  30.20(2)
				  (a) and
				  227.11(2)
				  (a) and (b), Stats., to establish a
				  commercial and noncommercial class of dredging projects, to provide for bonding
				  and to establish procedures applicable to the removal of material from the beds
				  of natural lakes and outlying waters for which a contract is required between
				  the state of Wisconsin and the person desiring to remove bed material.
				  Implementation of these rules will also provide for protection of the public
				  interest in the natural lakes in Wisconsin during the execution of dredging
				  contracts.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.02 - Applicability

Current through June 24, 2024
All removal of bed material from the beds of natural lakes
				  and the natural bed portions of raised lakes regulated by s.
				  30.20(2)
				  (a), Stats., must involve a contract between
				  the person removing the material and the state of Wisconsin. The contract is
				  required because the beds of natural lakes are owned by the people of the state
				  of Wisconsin. The department of natural resources administers the trust
				  interest in the beds of natural lakes on behalf of Wisconsin citizens.
				  Definitions and procedures set forth in this rule will identify the contract
				  consideration required for the sale of different types of bed
				  material.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.03 - Definitions

Current through June 24, 2024
(1) "Application fee" means a fee required by
				s.
				30.28,
				Stats., consisting of a basic $10 fee plus a supplemental fee ranging from $5
				to $65 in proportion to the project cost.
(2) "Bed material" means all earth, muck,
				sands and gravels, clays, marl, stones and boulders lying below the ordinary
				highwater mark of natural lakes.
(3) "Bonds" means surety or performance bonds
				guaranteeing performance of a contract or obligation. The amount of the bond is
				related to the restoration cost required to eliminate dangerous conditions or
				adverse environmental conditions caused by the improper removal of bed material
				from the bed of a natural lake.
(4)
				"Commercial removal fee" means a fee related to the commercial value of natural
				lake bed material proposed for use in a commercial venture equal to the royalty
				paid to owners of similar upland commercially valuable materials.
(5) "Natural lake" means any navigable,
				nonartificial body of water in a depression of land or a navigable,
				nonartificial widening of a river characterized by the general absence of any
				noticeable current from its inlet to its outlet. For purposes of this chapter,
				the term natural lake includes that portion of a raised lake that would exist
				in the absence of the artificial raising of the lake.
(6) "Noncommercial removal fee" means a
				minimal fee of $1 required as consideration for natural lake bed material
				removal projects where the material has no commercial value.
(7) "Outlying water" means Lakes Superior and
				Michigan, Green Bay, Sturgeon Bay, Sawyer's Harbor, and the Fox river from its
				mouth up to the dam at DePere.
(8)
				"Removal of bed material" means the excavation of materials by any means from
				the bed of a natural lake for the purposes of enhancement of a portion or all
				of the aquatic environment or for the purpose of gaining commercially valuable
				materials.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.05 - Fees

Current through June 24, 2024
(1) Permit application fees shall be paid in
				accordance with the specifications in s.
				30.28,
				Stats., and this chapter.
(2)
				Except as provided in sub. (3), a fee of $1 shall be charged for the removal of
				bed material from natural lakes.
(3) A fee will be charged for commercially
				valuable materials to be removed from the bed of a navigable lake. The fee will
				be equal to the royalty paid to owners of upland in the immediate vicinity of
				the natural lake in question for materials similar to those materials which are
				to be removed from the bed of a navigable lake. Current royalty prices for
				upland materials shall be obtained from commercial operators active in the
				project vicinity.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.06 - Bonding

Current through June 24, 2024
(1) A performance or surety bond may be
				required for noncommercial removal projects regulated by this chapter. The bond
				amount shall be equal to the estimated cost for restoration of dangerous
				conditions or undesirable environmental conditions as determined by the
				department caused by incomplete or improper removal of bed materials from the
				project site or for removal in excess of volumes authorized. The maximum bond
				amount shall not exceed the estimated project cost. In determining the need for
				a bond the department shall consider the potential for creating unsafe
				conditions, environmental sensitivity of the project site, the qualifications
				of the applicant or contractor and potential for removal in excess of
				authority.
(2) A performance or
				surety bond shall be required for commercial removal projects. The amount of
				the bond shall be determined by the department on the basis of the methods of
				removal, project site conditions, project size, project duration and the
				qualifications of the applicant or contractor.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.07 - Procedure

Current through June 24, 2024
(1) FEE SCHEDULES.
(a) Application fees shall be submitted as a
				part of a complete application for a contract to remove material from the beds
				of natural lakes. The application fee shall be remitted to the applicant if the
				requested dredging contract is denied.
(b) Noncommercial fees shall be submitted by
				the applicant upon receipt of the contract from the department.
(c) Commercial removal fee shall be submitted
				in annual installments based upon the charge specified in the contract per
				cubic yard times the number of cubic yards of material removed under the
				contract for that calendar year. Quantities removed will be measured in its
				original position, computed by the method of average end areas, with no
				correction for curvature, or by the method of truncated prisms.
Note: The methods of measuring the amounts of bed material
				  removed during commercial projects were obtained from, "State of Wisconsin,
				  Department of Transportation, Division of Highways, Standard Specifications for
				  Road and Bridge Construction, Edition of 1975, Section 208.4 Method of
				  Measurement", page 103.
The following excerpt from, "Elementary Surveying, 5th Ed.",
				  by Russell C. Brinker, pages 477 & 478, presents formulas for the methods
				  of calculation specified by the Wisconsin department of transportation and
				  incorporated in NR 346.
End-areas formulas. The volume between 2 vertical cross
				  sections A1 and A2 is equal to the average of the end areas multiplied by the
				  horizontal distance L between them. Thus:
Ve =L(A1 ) A2) cu. yd.
2 x 27
This formula is approximate and gives answers which
				  generally are slightly larger than the true prismoidal volumes. It is used in
				  practice because of its simplicity. Increased accuracy is obtained by
				  decreasing the distance L between the 2 sections. When the ground is irregular,
				  cross-sections must be taken closer together.
Prismoidal formula. The prismoidal formula applies to the
				  volumes of all geometric solids which can be considered prismoids. Most
				  earthwork volumes fit this classification but relatively few of them warrant
				  the precision of the prismoidal formula, which is:
Vp =L(A1 ) 4Am ) A2)
6
where Vp = volume;
A1 and A2 = areas of successive cross-sections taken in the
				  field;
Am = area of a section midway between A1 and A2;
L = horizontal distance between A1 and A2.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.08 - Enforcement

Current through June 24, 2024
(1) If the department determines that the
				dredging contract has not been properly completed, it may initiate action to
				cause the applicant or applicant's agents to comply with the terms of the
				contract.
(2) For dredging
				contracts with bonds where the applicant refuses to perform the requested
				remedial work, the department may require the bonding company or its agent to
				either perform the required remedial work or pay the amount of the bond to the
				department. The department, in its discretion, shall either complete the
				remedial work or contract for the completion of such work.
(3) If the department determines that the
				dredging project has not been properly completed, and there is no bond, the
				department may initiate an abatement action pursuant to s.
				30.03,
				Stats., to cause the applicant to restore the project site to comply with the
				terms of the contract, and forfeiture if the department thinks a forfeiture is
				appropriate.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 346 - Dredging contract fees › Section NR 346.09 - Municipal dredging projects

Current through June 24, 2024
Dredging from the beds of natural lakes by municipalities
				  defined in s.
				  291.01(12),
				  Stats., may be done with no compensation to the state if the material dredged
				  is for a municipal purpose and not for resale.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.01 - Purpose and policy

Current through June 24, 2024
(1) The purpose of this chapter is to protect
				the public rights and interest in the waters of the state by specifying
				definitions, sediment sampling and analysis requirements, disposal criteria and
				monitoring requirements for dredging projects regulated under one or more of
				the following statutes: s.
				30.20,
				Stats., which requires a contract or permit for the removal of material from
				the beds of waterways; s.
				281.41, Stats.,
				which establishes a wastewater treatment facility plan approval program; ch.
				289, Stats., which establishes the solid waste management program; ch. 291,
				Stats., which establishes the hazardous waste program; and ch. 283, Stats.,
				which establishes the Wisconsin pollutant discharge elimination system (WPDES)
				program.
(2) It is department
				policy to encourage reuse of dredged material and to minimize environmental
				harm resulting from a dredging project.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.02 - Applicability

Current through June 24, 2024
The provisions of this chapter apply to the removal and
				  disposal of material from the beds of waterways except where exempted by
				  statute.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.04 - Permits, approvals and reviews required

Current through June 24, 2024
(1) The following
				are the permit, approval and review requirements for dredging projects:
(a) Except where otherwise provided by law,
				all private and municipal dredging projects require a permit or contract under
				s.
				30.20,
				Stats., and ch. NR 346. Dredging in portions of the Mississippi, St. Croix and
				Black rivers by the U.S. army corps of engineers is governed by s.
				30.202,
				Stats.
(b) All dredging projects
				require review under ch. 289, Stats., and chs.
				NR 500 to
				520 for disposal of dredged
				material under the solid waste management program.
(c) All dredging projects shall be reviewed
				under ss.
				1.11
				and
				23.11(5),
				Stats., and ch. NR 150 for compliance with the Wisconsin environmental policy
				act.
(d) All federally funded,
				permitted or sponsored dredging projects require water quality certification
				under ss.
				281.11
				to
				281.36(12)
				and
				283.001,
				Stats., and ch. NR 299.
(e) A
				Wisconsin pollutant discharge elimination system (WPDES) permit under ch. 283,
				Stats., is required for dredging projects with carriage water return flows to
				surface water or groundwater.
(f)
				Plan approval under s.
				281.41, Stats.,
				is required for dredging projects which include a dredged material treatment
				facility.
(g) Sites and facilities
				for the disposal of hazardous waste and PCBs require review under subch. IV of
				ch. 291, Stats., and s.
				299.45,
				Stats., and chs.
				NR 500 to
				520 and 660 to
				670.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.05 - Preliminary application and analytical requirements

Current through June 24, 2024
(1) Prior to
				submission of a formal application, anyone seeking to remove material from the
				beds of waterways shall provide the department with preliminary information
				including:
(a) Name of waterbody and location
				of project;
(b) Volume of material
				to be dredged;
(c) Brief
				description of dredging method and equipment;
(d) Brief description of proposed disposal
				method and location and, if a disposal facility is to be used, size of the
				disposal facility;
(e) Any previous
				sediment sampling (including field observations) and analysis data from the
				area to be dredged or from the proposed disposal site;
(f) Copy of a map showing the area to be
				dredged, the depth of cut, the specific location of the proposed sediment
				sampling sites and the bathymetry of the area to be dredged; and
(g) Anticipated starting and completion dates
				of the proposed project.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.06 - Sampling and analysis

Current through June 24, 2024
Upon completion of the initial evaluation, the department
				  shall establish sampling and analysis requirements.
(1) EXCEPTION. Except as provided in subs.
				(3) (a) and (6), the applicant shall collect and analyze data on sediments to
				be dredged in the manner outlined in this section.
(2) CORRECT METHODS. Unless otherwise
				specified, sampling, sample handling and sample analysis to demonstrate
				compliance with this section shall be in accordance with methods from
				applicable sources enumerated in ch. NR 149.
(3) NUMBER OF SAMPLES.
(a) Sediment sampling may be waived by the
				department if it determines from its review of available information under s.
				NR
				347.05(2) that sediment contamination
				is unlikely.
(b) If available
				information is either insufficient to determine the possibility for sediment
				contamination, or shows a possibility for sediment contamination, the
				department shall require the applicant to collect sufficient samples to
				describe the chemical, physical and biological properties of the sediment. The
				exact number and location of sediment samples required and analyses to be
				conducted shall be specified by the department, in consultation with the
				applicant, based on the initial evaluation and on other factors including, but
				not limited to, the potential for possibility of contamination, volume and
				aerial extent of material to be dredged, depth of cut and proposed method of
				disposal.
(c) For a project
				involving the disposal of dredged material at an upland disposal site, the
				department may require samples to be taken from the proposed disposal site and
				analyzed for parameters found to be elevated in the dredged material sediment
				samples. The number and location of disposal site samples required shall be
				specified by the department based on the size and other characteristics of the
				site.
(d) For a project to be
				conducted in the Great Lakes with beach nourishment disposal, at least one
				sample every 250 linear feet of beach with a minimum of 2 samples shall be
				taken from the proposed beach nourishment disposal site and analyzed for
				particle size and color. Core or grab samplers may be used.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.07 - Review procedures and review criteria

Current through June 24, 2024
(1) When sediment
				sampling and analyses have been completed, the applicant shall submit a copy of
				the testing report to the department. This report shall include raw data for
				all analyses, a map of the project area showing the specific locations of
				sediment sampling sites and the name and address of the laboratory which
				performed the tests. All testing and quality control procedures shall be
				described and analytical methods, detection limits and quantification limits
				shall be identified.
(2) The
				department shall review the information submitted under sub. (1) within 30
				business days after receipt and determine the applicable statutory and
				administrative rule provisions and any additional information required from the
				applicant under this section.
(3)
				Based on the submitted testing report the department may after consultation
				with the applicant require additional sediment sampling and analyses when there
				is evidence of contamination.
(4)
				For projects in the Great Lakes involving beach nourishment disposal,
				grain-size analysis results of the proposed dredged material and the beach
				shall be compared by the department.
(a) The
				department may allow beach nourishment disposal if:
1. The average percentage of silt plus clay
				(material passing a #200 sieve or less than .074 mm dia.) in the dredged
				material does not exceed the average percentage of silt plus clay in the
				existing beach by more than 15% and the color of the dredged material does not
				differ significantly from the color of the beach material.
Note: For example, if the silt plus clay content of the
				  existing beach is 10%, suitable dredged material must have a silt plus clay
				  content of less than 25%.
2. The criteria of any general permit
				regulating wastewater discharges under the Wisconsin pollutant discharge
				elimination system is not exceeded.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 347 - Sediment sampling and analysis, monitoring protocol and disposal criteria for dredging projects › Section NR 347.08 - Monitoring, reporting and enforcement

Current through June 24, 2024
(1) SURVEILLANCE.
(a) The permittee shall contact the
				department 5 business days prior to the commencement of dredging to provide an
				opportunity for the department to review all required environmental safeguards
				to ensure they are in place and operable.
(b) The department may inspect the dredging
				project at any time during operation to determine whether requirements of
				permits and approvals are being met or to conduct effluent sampling.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.001 - Purpose; authority

Current through June 24, 2024
(1) The purpose of this chapter is to
				establish standards for mitigation decisions related to regulated wetland
				impacts and to establish standards and procedures for the planning,
				implementation, maintenance, and monitoring of wetland compensatory mitigation
				in Wisconsin, including private mitigation banks, in-lieu fee programs and
				their projects, and permittee-responsible mitigation projects. This chapter
				also establishes procedures and standards for the department's in-lieu fee
				subprogram.
(2) This chapter is
				adopted pursuant to s.
				281.36,
				Stats.
Additional information can be found in Guidelines for
					 Wetland Compensatory Mitigation in Wisconsin Version
					 1.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.002 - Applicability

Current through June 24, 2024
(1) This chapter applies to all the
				following:
(a) Permitted and exempt wetland
				impacts requiring mitigation under s.
				281.36,
				Stats.
(b) Wetland compensatory
				mitigation projects, including private mitigation bank, in-lieu fee program,
				and permittee-responsible projects, that are considered by the department as
				part of a review process conducted in accordance with chs.
				NR 103, 131, and 132.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.004 - Mitigation alternatives

Current through June 24, 2024
(1) For mitigation
				required under the issuance of wetland individual permits per s.
				281.36(3n)
				(d), Stats., and for a discharge that is
				exempt from permitting requirements under s.
				281.36(4n)
				(b) or (c), Stats., the department may, in
				consultation with the U.S. army corps of engineers, allow mitigation to be
				completed using a wetland mitigation bank, participating in the in-lieu fee
				program, or completing a permittee-responsible project in the same service area
				as the site of the discharge.
(2)
				For wetland mitigation banks, mitigation shall be allowed according to the
				following order of preference:
(a) Purchase of
				mitigation bank credits in the same HUC 8 watershed as the wetland impacted by
				the discharge.
(b) Purchase of
				mitigation bank credits in the same service area as the wetland impacted by the
				discharge.
(c) Purchase of
				mitigation bank credits in the same basin as the wetland impacted by the
				discharge.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.006 - Site crediting

Current through June 24, 2024
(1) For mitigation bank projects under ss. NR
				350.008 to 350.009, and permittee-responsible mitigation projects under s. NR
				350.011, the department may evaluate the wetland function that will be
				restored, created, enhanced, or preserved by a mitigation project with any of
				the following methods:
(a) A wetland
				functional or condition assessment method such as the Wisconsin rapid
				assessment method, or another department approved method designed to measure
				wetland impacts.
(b) A crediting
				system tied to wetland type and acres.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.009 - Mitigation bank operation

Current through June 24, 2024
(1) GENERAL.
(a) An approved mitigation bank instrument is
				the record of department and interagency review team concurrence on the
				objectives and administration of a mitigation bank. The secretary or the
				secretary's designee shall sign for the department and this signature on the
				mitigation bank instrument constitutes department approval of the
				bank.
(b) A mitigation bank sponsor
				is responsible for establishing a mitigation bank site in accordance with an
				approved mitigation bank instrument, administration of the accounting of debits
				and credits, conducting required corrective actions, providing required
				monitoring and status reports to the department, and assuring long-term
				maintenance and protection of the site. A mitigation bank sponsor may request
				that the department include more than one compensation site in a mitigation
				bank instrument.
(c) Participation
				in the establishment of a mitigation bank does not constitute ultimate
				authorization for specific activities, as excepting the activities from any
				applicable requirements, or as pre-authorizing the use of credits from that
				bank for any activity.
(d) By
				January 30 of each year that a mitigation bank is in operation, the mitigation
				bank sponsor shall provide a report to the department that provides an
				accounting of credits and debits using the format described in the mitigation
				bank instrument under sub. (3) (i).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.011 - Permittee-responsible mitigation

Current through June 24, 2024
(1) GENERAL. A
				permittee-responsible mitigation project must ensure that wetland impacts are
				compensated for through long-term site protection as described under sub. (2),
				through the implementation of an approved compensation site plan as described
				under sub. (4), and by assurance that the mitigation project is financially
				viable as required under sub. (3).
(2) LEGAL SITE PROTECTION DOCUMENT. The
				requirements for site protection in s. NR 350.008(4) shall apply to a
				permittee-responsible mitigation project.
(3) FINANCIAL ASSURANCES. The requirements
				for financial assurances in s. NR 350.008(3) shall apply to a
				permittee-responsible mitigation project.
(4) DEVELOPMENT.
(a) An applicant shall prepare a compensation
				site plan, as described in s. NR 350.007(4) to (6) of this chapter, excluding
				s. NR 350.007(6) (j).
(b)
				Monitoring shall occur for the length of time specified in the approved
				compensation site plan under s. NR 350.007(6) (k). The required monitoring
				period will be no fewer than 5 years for herbaceous wetland communities. Shrub
				and wooded wetland communities may require more than 5 years of monitoring to
				meet performance standards, become successfully established on a site, or both.
				The department may extend the final length of the monitoring period if the site
				does not meet performance standards in the time frame as approved in the
				compensation site plan.
(c) When
				the department approves a permittee-responsible compensation site plan, it
				shall incorporate the compensation site plan as a condition of any permit it
				issues to the permittee or as a condition of the exemption determination for an
				exempt project applicant.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.012 - Enforcement

Current through June 24, 2024
(1) Violations of this chapter may be
				prosecuted by the department under chs. 23, 30, 31, 281, and 283,
				Stats.
(2) Any agent or employee of
				the department shall at all times be given reasonable access to any and all
				parts of a project site and may enter upon any property to investigate the
				project.
(3) A violation of a
				permit, approval, contract or order issued relating to a project under this
				chapter is a violation of the statutes or rules relating to the issuance of
				that permit, approval, contract or order.
(4) The department may remove or revoke
				wetland mitigation bank approvals for failure to comply with the requirements
				of the registration after notice and an opportunity for hearing in accordance
				with the procedures in ch. 227, Stats.
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 351.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				all activities located in nonfederal wetlands exempted from state water quality
				certification under s.
				281.36(4)
				and (5), Stats.
(2) PURPOSE. This chapter is adopted under s.
				281.36(6),
				Stats., to identify and incorporate by rule any federal regulation, rule,
				memorandum of agreement, guidance letter, interpretive document or other
				provision 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) for determining
				whether certain activities in nonfederal wetlands are eligible for exemption
				under s.
				281.36(4)
				and (5), Stats.
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 351.03 - Exemptions from water quality certification

Current through June 24, 2024
The exempted activities for which this chapter is applicable
				  to are those under s.
				  281.36(4),
				  Stats.
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 351.04 - Inapplicability of exemptions from water quality certification

Current through June 24, 2024
This chapter applies to all activities that meet the
				  conditions and criteria pursuant to s.
				  281.36(4)
				  and (5), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 352 - Delineation of nonfederal wetlands › Section NR 352.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				all nonfederal wetlands as defined in s.
				281.36(1)
				(c), Stats.
Note: Section
				  281.36(1)
				  (c) was repealed by 2011 Wis. Act 118.
(2) PURPOSE. This chapter is
				adopted under ss.
				281.36(1m)
				and (2m), Stats., to designate the wetland
				delineation manual procedures to be used to delineate nonfederal wetlands. The
				manual to be used is the 1987 edition of the U.S. army corps of engineers
				wetland delineation manual and any document that the U.S. army corps of
				engineers issues interpreting the manual.
2011 Wis. Act 118 repealed s.
					 281.36(1m),
					 Stats., and renumbered s.
					 281.36(3)
					 to be s.
					 281.36(2m),
					 Stats., and amended it to apply to all (federal and non federal) wetlands.