Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 320 - Bridges And Culverts In Or Over Navigable Waterways › Section NR 320.06 - Bridges and culverts

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
				replacement of a culvert that meets all the standards in par. (c) shall be
				exempt under s. 30.123(6) (e),
				Stats. A replacement of a previously permitted culvert that meets all the
				standards in par. (d) shall be exempt under s.
				30.123(6) (d),
				Stats.
Note:
Section
				  30.123(6) (e),
				  Stats., was repealed by 2015 Wis. Act 55.
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 to replace a culvert that does not exceed 24-inches in
				diameter.
1. The culvert may not be
				located in an area of special natural resource interest, in a public rights
				feature as described in s. NR 1.06, or in navigable tributaries to surface
				waters identified as trout streams by the department in s. NR 1.02
				(7).
2. The culvert may not exceed
				24 inches in diameter, span or width.
3. For a culvert replacement to be considered
				exempt, the culvert must be in place or documented to have been in place in the
				past 3 years.
Note:
The historical presence of a culvert that
				  is no longer in place or was not in place in the past 3 years does not
				  constitute a replacement.
4.
				The replacement culvert shall be an in-kind replacement of a single culvert of
				the same cross-sectional area and of equal or shorter length of culvert that is
				being replaced.
5. The required
				culvert area may not exceed 3 square feet as calculated in s. NR 320.07 (1), to
				ensure that a 24-inch culvert adequately passes stream flow and is not likely
				to create a ponded condition upstream.
6. Culvert replacement and installation shall
				mimic the natural streambed and gradient above and below the culvert channel.
				Perched culverts are not in compliance with this condition.
Note:
A culvert which is part of a structure
				  that functions as a dam requires an approval or permit under ch. 31,
				  Stats.
7. Both ends of the
				culvert shall be installed so 4 to 6 inches lies below the bed of the
				waterway.
8. Culvert inlets may not
				be capped with screens, bars or any other means, with the exception of beaver
				control procedures, that prevents movement of fish or wildlife or collects
				debris. Culvert openings shall be inspected at least once a year for debris and
				any obstructions shall be removed.
9. The culvert shall be designed to prevent
				washout. Culverts shall be long enough so road fill does not extend beyond the
				ends of the culvert. The culvert shall be no longer than the sum of the width
				of the roadtop, the slide slopes, and additional one foot on each side as
				calculated in s. NR 320.07 (3). The culvert shall extend at least one foot
				beyond the fill. The channel shall be protected with 3 to 12 inch diameter
				variable sized riprap extending horizontally at least 2 times the culvert
				diameter from the end of the culvert. Riprap placement shall include an
				adequate filter layer or filter fabric.
Note:
Prefabricated culvert end sections may be
				  a viable alternative to stabilization with rip rap.
Click to
				  view image
10.
				Clean fill material shall be firmly compacted around the culvert. The culvert
				shall be designed or protected to prevent crushing.
Click to
				  view image
11.
				Dredging under s. 30.20(1g) (b)
				1, Stats., and deposition of sand, gravel or
				stone on the stream bed under s.
				30.12(1g) (a),
				Stats., may be associated with the replacement of a culvert provided dredging
				is limited to the volume necessary to bury the culvert as required in subd. 5.
				and the deposit is limited to the area immediately underneath or within 2 feet
				of the culvert.
12. Culvert
				replacement is prohibited from March 15 to June 1 annually to minimize adverse
				impacts on fish movement, fish spawning, egg incubation periods and high stream
				flows. Where emergency replacement is necessary to access an existing residence
				or agricultural lands, the culvert may be replaced during this time period if
				construction can be completed within 6 hours.
13. 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/.
14. 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.
15. 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. 15. a. to c. or h. Decontamination shall
				include either subd. 15. 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.
Note:
Equipment shall be operated from the
				  roadway or streambank only (see s.
				  30.29, Stats).
Note:
A permit is required under s.
				  30.19, Stats., and ch. NR 341 if
				  land disturbance or excavation exceeds 10,000 square feet on the bank of the
				  navigable waterway.
(d)
Standards to replace a previously
				permitted culvert.
1. A culvert that
				is authorized by a permit issued under s.
				30.12 or
				30.123, Stats., may be replaced
				provided the construction, placement and maintenance will comply with the same
				conditions of the original permit.
Note:
If changes to land use, flood flows, or
				  navigational patterns have occurred since a culvert was originally permitted,
				  the initial standards may no longer be appropriate and may need to be
				  modified.
2. Both ends of
				the culvert shall be installed so a minimum of 46 with a maximum of 86 of a
				round culvert or 66 of a pipe arch culvert lies below the bed of the waterway.
Note:
In most cases, the pipe arch culvert is
				  the recommended culvert design because it is effective in low clearance
				  installations, generally requires less fill, and the wider bottom allows for
				  the better retention of natural substrates.
3. 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/.
4. 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 removal shall
				be restored.
5. A deposit of sand,
				gravel or stone under s.
				30.12(1g) (a),
				Stats., may be associated with the replacement of a culvert provided the
				deposit is limited to the area immediately underneath or within 2 feet of the
				culvert.
6. Dredging under s.
				30.20(1g) (b)
				1, Stats., is allowed for the replacement of
				a culvert provided it is limited to the volume necessary to bury the culvert as
				required in subd. 2.
7. 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. 7. a. to c.
				or h. Decontamination shall include either subd. 7. 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.
(e)
Permit required
.
1. Activities that do not meet the standards
				in par. (c) or (d) or are otherwise determined ineligible for an exemption by
				the department require a general permit or individual permit.
2. The department has the authority under s.
				30.123(6m),
				Stats., to require a permit in lieu of exemption.