Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 345 - Dredging In Navigable Waterways › Section NR 345.04 - Dredging

Current through June 24, 2024
(1) EXEMPTIONS.
(a)
Procedures
. Exemptions
				shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activitie
s.
				The dredging of a farm drainage ditch which was not a navigable stream before
				ditching that meets all of the standards in par. (c), is exempt from the permit
				requirements of s. 30.20(1) and
				(2), Stats., in accordance with s.
				30.20(1g) (a),
				Stats., manual dredging that meets all of the standards in par. (d) is exempt
				from the permit requirements of s.
				30.20(1) and
				(2), Stats., in accordance with s.
				30.20(1g) (b)
				2, 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)
Standards for dredging of a farm drainage ditch which was not a
				navigable stream before ditching
. Dredging of a farm drainage ditch
				which was not a navigable stream before ditching is eligible for an exemption
				subject to the following limitation:
1. The
				project is located in a navigable stream that does not have stream
				history.
2. The applicant has
				notified the department of the proposed project 10 days prior to
				dredging.
3. The dredging may not
				have a long-term adverse effect on cold-water fishery resource or may not
				destroy cold water or warm water fish spawning beds or nursery areas.
4. The dredged material may not be
				temporarily or permanently placed in a wetland, floodway or below the ordinary
				high water mark of a navigable waterway.
5. The person conducting the dredging is the
				riparian owner or has permission of the riparian owner to remove bottom
				material.
6. 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. 6. a. to c. or h.
				Decontamination shall include either subd. 6. 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
				  http://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)
Standards for manual dredging
				activities
. Manual dredging is eligible for an exemption subject to
				the following limitations:
1. The dredging
				operation meets the definition of manual dredging in s. NR 345.03
				(8).
2. The dredging may not be
				located in an area of special natural resource interest, or where there are
				public rights features as described in s. NR 1.06, or in perennial tributaries
				to surface waters identified as trout streams by the department in s. NR 1.02
				(7).
3. The dredged material may
				not contain any hazardous substance as defined in s. NR 345.03 (7).
4. For each riparian property, the amount of
				bottom material dredged from a specific waterbody may not exceed 100 square
				feet in surface area and one foot in depth in a calendar year.
5. Any dredged material removed from the
				waterbody may not be temporarily or permanently placed in a wetland, floodway
				or re-deposited below the ordinary high water mark of a navigable
				waterway.
6. 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/.
7. Mechanical equipment may not be operated
				below the ordinary high water mark or on the bed of a navigable
				waterway.
8. The applicant is the
				riparian owner or has permission of the riparian owner to remove bottom
				material.
Note:
When the state is the riparian property
				  owner, the requirements of s. NR 45.04 shall be met.
9. 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. 9. a. to c. or h. Decontamination shall
				include either subd. 9. 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
				  http://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.
(e)
Standards for dredging necessary
				to place or maintain an exempt structure under s.
				30.20(1g) (b)
				1, Stats.
The standards for this
				activity are contained in the rules that describe the exempt structures.
Note:
Chapters NR 320, 323, 326, 328 and 329
				  contain rules regarding various exempt activities including culvert
				  replacement, habitat structures, piers, boat shelters, riprap replacement,
				  intake and outfall structures and dry fire hydrants.
(f)
Permit required.
1. Activities which do not meet the standards
				in par. (c), (d) or (e) are determined ineligible for an exemption by the
				department shall require a general permit or contract or individual permit or
				contract.
2. The department has the
				authority under s. 30.20(1m),
				Stats., to require a permit in lieu of exemption.