Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways › Subchapter I - Shore Erosion Control Structures on Inland Lakes and Impoundments › Section NR 328.04 - Exemptions

Current through June 24, 2024
(1) PROCEDURES. Exemptions shall be processed
				  according to the procedures in ch. NR 300.
(2) APPLICABLE ACTIVITIES. A biological shore
				  erosion control structure that meets all the standards in subs. (3) and (4)
				  shall be exempt under s.
				  30.12(1g) (k),
				  Stats. Riprap repair that meets all the standards in subs. (3) and (5) shall be
				  exempt under s. 30.12(1g) (j),
				  Stats. Riprap replacement that meets all the standards in subs. (3) and (6)
				  shall be exempt under s.
				  30.12(1g) (i),
				  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."
(3)
				  GENERAL STANDARDS.
(a) The structure may not
				  be located in an area of special natural resource interest.
(b) The structure may be placed and
				  maintained only by a riparian.
(c)
				  The project will not result in removal of greater than 20% of the aerial
				  coverage of natural bank vegetation, emergent vegetation or floating
				  vegetation, not including the area covered by the footprint of the riprap, or
				  any access corridors necessary for the placement of the riprap.
(d) Any grading, excavation and land
				  disturbance shall be confined to the minimum area necessary for the
				  construction and may not exceed 10,000 square feet.
(e) 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/.
(f) 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.
(g) All equipment used for the project shall
				  be designed and properly sized to minimize the amount of sediment that can
				  escape into the water.
(h) No
				  waterward extension of the property is permitted other than what is reasonably
				  necessary to conduct the project and protect the existing bank. No soil or
				  similar fill material may be placed in a wetland or below the ordinary high
				  water mark of any navigable waterway.
(i) Dredging under s.
				  30.20(1g) (b)
				  1, Stats., is not allowed for the placement
				  or maintenance of any shore erosion control structure under this
				  section.
(j) 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. 1. to 3. or 8. Decontamination
				  shall include either subd. 4., 5., 6., 7., or 8. 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.
1. Inspect all
				  equipment used for constructing, operating, or maintaining the project and
				  remove all plants and animals, and other mud, debris, etc.
2. 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.
3.
				  Dispose of plants and animals in the trash. An operator may not transfer plants
				  or animals or water from one navigable waterway to another.
4. Wash equipment at a temperature of not
				  less than 212 degrees Fahrenheit water (steam clean).
5. Wash equipment with soap and water or high
				  pressure water of not less than 2000 pounds per square inch.
6. 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.
7. 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).
8. 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.