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 III - Shore Erosion Control Structures on Rivers and Streams › Section NR 328.31 - Purpose

Current through June 24, 2024
(1) The purpose of this subchapter is to
				  establish reasonable procedures and limitations for general permits and
				  individual permits for placement of shore erosion control structures in rivers
				  and streams as regulated under s.
				  30.12,
				  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.
(2) The standards for
				  general permits and individual permits in this chapter balance the reasonable
				  right of riparians to control shore erosion under Wisconsin law with the public
				  rights to navigation, recreation, fish and wildlife habitat, water quality and
				  natural scenic beauty in navigable waters. (Doemel v. Jantz, 180 Wis. 225, 193
				  N.W., 393 (1923)).
(3) The standard
				  for general permits recognizes that stream channels naturally move back and
				  forth across their floodplains as the energy of water current is dissipated
				  against the stream banks. Watershed land cover, reflecting rainfall
				  infiltration and soil type, predicts the nature of in-stream habitat features
				  as well as the extent of stream channel movement.
(4) This subchapter establishes differing
				  choices of the types of general permits available based on ecoregion and
				  land-use principles. Streams in predominantly forested watersheds have a high
				  percent of natural shore vegetation, including wetlands and large woody cover.
				  Streams of the Northern Lakes and Forests and the North Central Hardwood
				  Ecoregions are environmentally healthy in comparison to other ecoregions that
				  contain more agricultural and urban land use. Streams in predominantly forested
				  watersheds also exhibit seasonally stable flows. Conversely, streams in
				  agriculturally dominant watersheds exhibit more frequent and larger flooding
				  events. These higher flows create severe bank erosion problems. Eroding banks
				  deliver large amounts of sediment and impair instream habitat. Streams in
				  predominantly urban watersheds are frequently confined by man-made structures,
				  residences, and industries that cannot be moved. This subchapter establishes a
				  broader array of general permits available for streams in agricultural or urban
				  dominant watersheds.
(5) This
				  subchapter authorizes bank erosion control treatments based on erosive
				  potential at a site within the stream. Erosive potential is a reflection of
				  habitat features at a site. Natural shoreline features provide natural erosion
				  control in various ways. The force of current sorts out sand, gravel, cobbles,
				  boulders and bedrock from beneath glacial till and other fine soils. These more
				  energy resistant materials form energy-absorbing barriers that eliminate, or
				  slow, erosion. Natural vegetation provides erosion control in several ways.
				  Plant roots form a matrix that holds soil particles together to stabilize
				  banks. Exposed stalks, stems, branches, foliage and fallen trees dampen waves,
				  reduce local flow velocities, and dissipate energy against the plant rather
				  than eroding the soil. Low-erosion potential sites are often typified by
				  abundant natural vegetation, gradually sloped banks, gravel/rubble/boulder
				  substrates at the toe of the bank, and no stratified soil layers. At low
				  erosion potential and some moderate erosion potential sites, vegetation can
				  effectively meet erosion control needs without infringement on habitat,
				  navigation, natural scenic beauty or other public interests. Vegetation alone
				  may be inadequate in some moderate erosion potential sites and many high
				  erosion potential sites; therefore, methods that rely on technical structures
				  or a combination of vegetation with technical structures may be necessary.
				  Re-vegetated, topsoil-covered riprap and integrated bank protection are
				  preferred structural bank protection methods in high-erosive potential
				  settings.
(6) Standards for general
				  permits are intended to ensure that cumulative adverse environmental impact of
				  authorized activities is insignificant and that issuance of the general permit
				  will not injure public rights or interests, cause environmental pollution as
				  defined in s.
				  299.01(4),
				  Stats., or result in material injury to the rights of any riparian owner. To
				  achieve this, general permit standards establish: construction and design
				  requirements consistent with the purpose of the activity; location requirements
				  that ensure that the activity will not have an adverse impact on fish and
				  wildlife habitat, water quality and natural scenic beauty, or materially
				  interfere with navigation or have an adverse impact on the riparian property
				  rights of adjacent riparian owners.
(7) Factors for individual permits are
				  intended to provide direction for detailed evaluation of permit applications,
				  and to balance case-by-case review with consistent decision-making. Individual
				  permits may only be granted where the department determines that the structure
				  will not materially obstruct navigation, will not be detrimental to the public
				  interest, and will not materially reduce the flood flow capacity of a
				  stream.