Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 323 - Fish And Wildlife Habitat Structures In Navigable Waterways › Section NR 323.04 - Fish habitat structures

Current through June 24, 2024
(1) EXEMPTIONS.
(a)
Procedures
. Exemptions
				shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activities
. A
				fish habitat structure that meets the standards in par. (c) and one of pars.
				(d) to (h) shall be exempt under s.
				30.12(1g) (c),
				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. The
				fish habitat structure 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. The fish habitat structure
				may be placed and maintained only by a riparian.
3. The fish habitat structure shall be placed
				entirely within the riparian's zone of interest, as determined by one of the
				methods outlined in ch. NR 326. Certain habitat structures may be placed beyond
				the line of navigation where allowed by rule.
4. The fish habitat structure shall be placed
				solely for the purpose of improving fish habitat.
5. The riparian shall report the placement of
				the structure to the local department fisheries biologist within 30 days after
				placement. The report shall contain a description of the project and its
				purpose, the name of the waterway and a map showing where the structure was
				placed.
Note:
A list of the local department fisheries
				  biologists is available at department service centers and on the department's
				  website at http://dnr.wi.gov under the program "Fisheries Management and
				  Habitat Protection."
6. A
				deposit of sand, gravel or stone under s.
				30.12(1g) (a),
				Stats., may be associated with the placement of a fish habitat structure
				provided the deposit is limited to the area immediately underneath or within
				one foot of the structure and is less than 2 cubic yards.
7. Dredging under s.
				30.20(1g) (b)
				1, Stats., is not allowed for the placement
				of a fish habitat structure.
8.
				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/.
9. 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.
10. To protect fish habitat during spawning
				seasons, no exempt activity may take place during the following time periods:
a. For trout streams identified under s. NR
				1.02 (7) and perennial tributaries to those trout streams, September 15 through
				May 15.
b. For all waters not
				identified under subd. 10. a. and located south of state highway 29, March 15
				through May 15.
c. For all waters
				not identified under subd. 10. a. and located north of state highway 29, April
				1 through June 1.
11. 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. 11. a. to c.
				or h. Decontamination shall include either subd. 11. 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 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)
Fish crib standards
. In
				addition to the standards in par. (c), fish cribs shall meet the following
				requirements:
1. Fish cribs shall have a
				minimum of 5 feet of water over the top of the structure. The depth and
				clearance of the fish cribs shall be based on the normal lowest water level
				condition during a calendar year.
2. Fish cribs shall be constructed of
				biological materials, with the exception of fastening and anchoring
				devices.
3. The dimensions of a
				fish crib shall be no larger than 8 feet tall by 8 feet long by 8 feet
				wide.
4. Fish cribs may not be
				placed within 100 feet of swimming beaches or swim rafts.
5. Fish cribs may not be located in soft
				sediment or muck that is greater than 12 inches in depth.
6. Fish cribs may not be placed where the
				bottom contour of the waterway exceeds a slope of 4-foot horizontal to one-foot
				vertical.
7. Fish cribs shall be
				adequately anchored to prevent movement.
(e)
Spawning reef standards
.
				In addition to the standards in par. (c), spawning reefs shall meet the
				following requirements:
1. Spawning reefs
				shall be constructed of an aggregate of clean, uncrushed gravel and rock from 2
				to 8 inches in diameter, in a ratio of approximately 30% ranging from 2 to 4
				inches in diameter and approximately 70% ranging from 4.1 to 8 inches in
				diameter.
2. Spawning reefs shall
				be placed in a linear form parallel to the shore.
3. Spawning reefs shall be no longer than 100
				feet along the shoreline and no wider than 30 feet perpendicular to shore and
				may not be placed more than 100 feet from shore.
4. Spawning reefs shall be placed where water
				depths range from 0 to 5 feet.
5.
				Spawning reefs may not be placed where the bottom contour of the waterway
				exceeds a slope of 4-foot horizontal to one-foot vertical.
6. Spawning reefs may not be placed where the
				bottom substrate composition consists of less than 90% clean sand.
Note:
Natural walleye spawning reefs generally
				  consist of substrates 2-8 inches in diameter with rounded edges. Natural
				  walleye spawning reefs are located adjacent to gently sloping shorelines in
				  shallow water. Walleye spawning reefs require a moderate amount of wave action
				  to keep the substrate clean of algae and provide adequate water circulation for
				  incubating eggs. The requirement of 90% clean sand indicates a lack of spawning
				  habitat, the appropriate wave action, and substrate capable of supporting the
				  reef. If the water depth remains less than 5 feet and the bottom contour
				  remains less than 10:1, a maximum location of 100 feet from shore is required
				  to reduce navigation concerns.
7. Any person placing a spawning reef shall,
				within 30 days after placement, provide written notice to the president or
				chair of any lake association, property owners association or lake district.
				The notice shall include a description of the spawning reef and include a lake
				map identifying the exact location of the reef. The person is also responsible
				for posting a laminated copy of the same map, within 30 days after placement,
				at all public boat landings on the waterbody, where the reef is located, for a
				period of not less than one year.
(f)
Wing deflector
				standards
. In addition to the standards in par. (c), wing deflectors
				shall meet the following requirements:
1.
				Design and placement of wing deflectors shall follow the recommendations in
Guidelines for Management of Trout Stream Habitat in Wisconsin
by Ray J. White and Oscar M. Brynildson, Wisconsin Department of Natural
				Resources.
Note:
Copies of these publications may be
				  inspected by contacting the local department fisheries biologist or public
				  library.
2. Wing deflectors
				may only be placed in navigable streams which are less than 5 feet wide,
				measured from ordinary high water mark to ordinary high water mark.
3. Wing deflectors may not extend more than
				25% across the stream width.
(g)
Tree drops
. In addition
				to the standards in par. (c), tree drops shall meet the following requirements:
1. Tree drops may only be placed in lakes or
				flowages.
2. Tree drops shall
				consist of fresh cut live trees having a minimum diameter of 12 inches at the
				base.
3. Tree drops shall be
				securely anchored to the shore at intervals no less than 50 feet apart.
Note:
Local zoning ordinances may place
				  restrictions on cutting trees in the shoreland zone. The riparian is
				  responsible for ensuring that their tree drop project is in compliance with any
				  local zoning requirements.
(h)
Half-log structures.
In
				addition to the standards in par. (c), half log structures shall meet the
				following requirements:
1. Half-logs shall be
				constructed from green logs with a minimum diameter of 10 inches and spacers
				may not exceed 12 inches in height.
2. Half-logs shall be placed where the bottom
				substrate composition consists of sand or gravel, or both.
3. Half-logs may not be placed in water
				deeper than 5 feet.
4. Half-logs
				placed in lakes and flowages may not be located greater than 100 feet from
				shore or within 100 feet of a swim raft.
(i)
Permit required
.
1. Activities which do not meet the standards
				in par. (c) and either par. (d), (e), (f), (g) or (h), or are otherwise
				determined ineligible for an exemption by the department 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.