reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.11 - Flotation device condition, attachment and maintenance

Current through June 24, 2024
(1) FLOTATION
				DEVICE CONDITION.
(a) Flotation devices shall
				be constructed airtight or sealed.
(b) Any person who uses any flotation device
				that has previously been used as a container for any substance shall assure
				that the flotation device is free of any chemicals, oil, grease, or other
				residue.
(c) Any container that has
				ever contained toxic or hazardous material as defined in ch. NR 661 may not be
				used as a flotation device for a fishing raft.
(d) Any person who uses any metal flotation
				device shall assure that the flotation device is free of rust and is either
				painted or coated to prevent rusting.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.12 - Enforcement

Current through June 24, 2024
Violations of s.
				  30.126,
				  Stats., and this chapter shall be subject to enforcement under the provisions
				  of ss.
				  23.50,
				  23.79,
				  30.03
				  and
				  30.126,
				  Stats., and under applicable municipal ordinances.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 324 - Fishing rafts in navigable waters › Section NR 324.13 - Non-compliance

Current through June 24, 2024
Any structure placed or maintained below or beyond the
				  ordinary high water mark on the Wolf river and its tributaries from the Shawano
				  dam downstream to Lake Poygan which does not meet the definition of a fishing
				  raft requires authorization under ch. 30, Stats., and is subject to all
				  applicable zoning regulations. Structures not meeting the definition of a
				  fishing raft due solely to not being placed for at least 14 consecutive days in
				  any given year may still be registered as a fishing raft provided the inability
				  is due to extenuating circumstances such as low water and the owner receives a
				  variance from the appropriate Wolf river municipality.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.01 - Purpose

Current through June 24, 2024
These rules are promulgated pursuant to ss.
				  30.121
				  and
				  227.11(2)
				  (a) and (b), Stats., in order to establish a
				  valuation program for boathouses and fixed houseboats, to define terms used in
				  s.
				  30.121,
				  Stats., and other terms necessary to the administration of s.
				  30.121,
				  Stats., and these rules, and to establish standards and procedures for
				  certification of maintenance and repair costs, certification of eligibility for
				  exceptions and procedures for the department to use in obtaining removal of
				  abandoned boathouses and fixed houseboats, or boathouses or fixed houseboats
				  which materially obstruct navigation.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.02 - Applicability

Current through June 24, 2024
These rules apply to boathouses and fixed houseboats that
				  extend beyond the ordinary highwater mark of navigable
				  waterways.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.03 - Definitions

Current through June 24, 2024
(1) "Abandoned" means the relinquishment of
				possession of a boathouse or fixed houseboat by the owner with indications of
				intent to terminate ownership, which may be evidenced by several factors such
				as the failure to act to maintain or repair boathouses or fixed houseboats that
				are in a major state of disrepair.
(2) "Boathouse" means a permanent structure
				used for the storage of watercrafts and associated materials and includes all
				structures which are totally enclosed, have roofs or walls or any combination
				of structural parts. For purposes of this chapter, the term boathouse does not
				include shore stations or boathouses which are removed from a waterway on an
				annual basis.
(3) "Constructed or
				placed" means:
(a) The original erection of a
				boathouse or the original placement of a fixed houseboat beyond the ordinary
				highwater mark of any navigable waterway; or
(b) The building of additions to existing
				boathouses or existing fixed houseboats; or
(c) The relocation of a boathouse or a fixed
				houseboat beyond the ordinary highwater mark of any navigable waterway at a
				location different from its location at the date of this act; or
(d) The conversion of a boathouse or fixed
				houseboat in a manner to allow permanent or temporary human habitation after
				December 15, 1979.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.05 - Current value

Current through June 24, 2024
An owner wishing to repair or maintain a boathouse or fixed
				  houseboat shall provide to the department proof of its current
				  value.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.06 - Repair and maintenance cost

Current through June 24, 2024
Owners of boathouses or fixed houseboats shall obtain a
				  certification from the department that all needed repair and maintenance costs
				  total less than 50% of the current value of the structure prior to performance
				  of the maintenance or repairs.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.07 - Certification procedure for repair and maintenance

Current through June 24, 2024
(1) Except as
				provided for in s.
				NR
				325.06, owners of boathouses or fixed houseboats
				wishing to perform maintenance or repairs shall request certification that all
				required maintenance and repairs do not exceed 50% of the current value. The
				request for certification shall be made to the department and shall contain the
				information set forth in ss.
				NR
				325.05 and
				325.09(1) and
(2).
(2) The department shall review the
				information submitted by the applicant for certification and shall inspect the
				boathouse or fixed houseboat.
(3)
				The department shall within 60 days issue a certification as requested if the
				department agrees with the estimates of all needed repair or maintenance costs
				and finds that all needed maintenance or repairs are less than 50% of the
				current value.
(4) If the
				department disagrees with either the cost estimate for all needed maintenance
				or repairs or the current value it may obtain independent estimates of such
				cost or current value. The department shall issue the requested certification
				if the independent estimates for costs of all needed maintenance or repairs and
				current value are less than 50% of the current value.
(5) Where an existing boathouse or fixed
				houseboat is owned by a non-riparian, the application for certification shall
				be made by the riparian owner of the property where the boathouse or fixed
				houseboat is located, provided the transfer of riparian rights is in compliance
				with s.
				30.133,
				Stats.
(6) The department
				certification shall contain a requirement that the owner of the boathouse or
				fixed houseboat record the certification with the register of deeds for the
				municipality where the boathouse is located, and that the owner submit an
				affidavit showing proof of recording prior to commencing repairs.
(7) The department shall deny requested
				certification if either the independent or applicant's estimates of costs for
				all needed maintenance or repairs exceeds 50% of the current value and shall
				declare the boathouse or fixed houseboat to be in a major state of disrepair.
				Any owner denied certification may review the denial pursuant to s.
				227.42,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.08 - Certification procedure for exceptions

Current through June 24, 2024
(1) Owners wishing
				to repair or maintain a boathouse or fixed houseboat pursuant to s.
				30.121(3g),
				Stats., construct, repair or maintain a single-story boathouse pursuant to s.
				30.121(3m),
				Stats., repair or reconstruct a boathouse pursuant to s.
				30.121(3r),
				Stats., or construct, repair or maintain a boathouse pursuant to s.
				30.121(3w),
				Stats., shall request certification that the proposed activity is eligible for
				an exception. The request for certification shall be made to the department and
				contain the information in ss.
				NR
				325.09 and
				325.10.
(2) The department shall review the
				information submitted by the applicant for certification, and shall inspect the
				boathouse or fixed houseboat or the site of the proposed boathouse.
(3) The department shall within 60 days issue
				a certification as requested, if the department determines that the proposed
				activity is eligible for a statutory exception.
(4) The department shall within 60 days deny
				certification if the department determines that the proposed activity does not
				meet the requirements of s.
				30.121,
				Stats., and this chapter to be eligible for an exception. Any owner denied
				certification may review the denial pursuant to s.
				227.42,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.09 - Standards

Current through June 24, 2024
(1) MAINTENANCE. In addition to the
				requirements of s.
				30.121(3),
				Stats., repair and maintenance of existing boathouses and fixed houseboats
				shall meet all of the following conditions:
(a) Repair and maintenance is limited to the
				3-dimensional envelope of the existing boathouse or fixed houseboat. No
				expansion of the boathouse or fixed houseboat in any direction is allowed.
				Application of a new or replacement layer of roofing or siding that does not
				increase the usable space within the boathouse or fixed houseboat may not be
				considered expansion.
(b) Repair
				and maintenance may not include any change in roof pitch or addition of decks,
				walkways, railings or other architectural features.
(c) Decks, walkways, railings or piers that
				are permanently attached to the boathouse or fixed boathouse shall be
				considered part of the boathouse or fixed houseboat, and shall be subject to
				the repair limitations of s.
				30.121(3),
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.10 - Certification information

Current through June 24, 2024
(1) REQUIRED
				INFORMATION. For certification requests filed pursuant to s.
				NR
				325.07, an application form including plans,
				photographs and a location sketch shall be submitted to the department showing
				the following information.
Note: Application forms are available at department service
				  centers and on the department's website at
www.dnr.wi.gov
under the topic "Waterway and
				  Wetland Permits."
(a)
Location
. The location of the boathouse or fixed houseboat,
				including the name of the waterway, property address, fire number (if
				different), legal description, and directions to the property.
(b)
Owner
. The name, mailing
				address, and telephone number of the owner of the boathouse or fixed
				houseboat.
(c)
Prior
				work
. Information to identify prior repair and maintenance work on a
				boathouse or fixed houseboat, and to allow the department to identify
				certifications issued for prior work. This information may include receipts
				from purchase of materials or payment of contractors, copies of past department
				certifications, or a list of the first and last names of all prior owners of
				the boathouse or fixed houseboat, back to 1979.
(d)
Features
. Information
				about the following features and their state of repair:
1. Boathouses.
a. Foundations.
b. Structural framework.
c. Siding.
d. Roofing.
e. Presence and description of living
				quarters, if any.
2.
				Fixed houseboats.
a. Devices used to secure
				the fixed houseboat to the bank or bed.
b. Floatation devices.
c. Superstructure framework.
d. Siding.
e. Roof.
f. Presence and description of living
				quarters, if any.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.11 - No permit necessary

Current through June 24, 2024
No permit is necessary pursuant to s.
				  30.12,
				  Stats., for the maintenance and repair of boathouses and fixed
				  houseboats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.12 - Removal procedure for abandoned boathouses or fixed houseboats

Current through June 24, 2024
(1) Upon
				complaint or upon its own motion the department shall initiate the process set
				forth in s.
				31.187, Stats.,
				for the removal of abandoned boathouses or fixed houseboats.
(2) The department prior to removal shall
				issue a 60 day notice to the owner of the boathouse or fixed houseboat if the
				owner can be reasonably ascertained.
(3) If the owner cannot be determined, the
				department shall publish a class 3 notice pursuant to ch. 985, Stats.
(4) After the 60 day period of notification
				to the owner or one week after the last insertion pursuant to ch. 985, Stats.,
				has passed, the department shall remove abandoned boathouses or fixed
				houseboats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 325 - Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways › Section NR 325.13 - Enforcement

Current through June 24, 2024
(1) Upon complaint or upon its own motion,
				the department may order the removal of boathouses or fixed houseboats which
				materially obstruct navigation or are in a major state of disrepair pursuant to
				the provisions of s. 30.03(4) (a),
				Stats. Forfeitures and abatement for violations of s.
				30.121, Stats., and this chapter
				may also be prosecuted by the department pursuant to the provisions of ss.
				23.50,
				23.79 and
				30.03(2),
				Stats.
(2) Noncompliance with the
				provisions of s. 30.121, Stats., this chapter or
				any conditions of a certification issued by the department, constitutes a
				violation and may result in a forfeiture. The department may seek abatement of
				any activity in violation of s.
				30.121, Stats.
(3) When an after-the-fact permit application
				has been filed with the department, the department shall follow the procedures
				in ch. NR 300 for violations.
(4)
				Any violation of these rules shall be treated as a violation of the statutes
				they interpret or are promulgated under.
(5) No person may repair, maintain or
				construct a boathouse or fixed houseboat in a navigable waterway if the
				activity is not eligible for a certification or otherwise authorized under this
				chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.01 - Purpose

Current through June 24, 2024
(1) These rules are promulgated under ss.
				30.03,
				30.12,
				30.13,
				30.14,
				30.15
				and
				227.11,
				Stats., in order to provide consistency in the application of ss.
				30.12
				and
				30.13,
				Stats., to the construction of piers, boat shelters, swim rafts and similar
				structures on the beds of navigable waterways as aids to navigation.
(2) A secondary purpose of this chapter is to
				define terms set forth in ss.
				30.12,
				30.13,
				30.133,
				30.134,
				30.14
				and
				30.15,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.02 - Applicability

Current through June 24, 2024
(1) This chapter shall apply to all piers and
				boat shelters constructed or maintained by riparians on the beds of navigable
				waterways for the purpose of providing improved navigation access to those
				waterways.
(2) The department shall
				apply this chapter only in response to:
(a)
				Complaint by a riparian, municipality, or any other person that a pier or boat
				shelter exists in navigable waters in violation of s.
				30.12
				or
				30.13,
				Stats.;
(b) Complaint by a riparian
				that an adjacent riparian's pier or boat shelter interferes with access to
				navigable water;
(c) Complaint by a
				riparian or any other person that a pier or boat shelter interferes with rights
				of navigation;
(d) Request by a
				riparian for information regarding standards to be applied to pier or boat
				shelter construction;
(e)
				Application by a riparian for authority to construct a solid pier, any other
				pier requiring a permit or a permanent boat shelter under s.
				30.12,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.04 - Pier standards

Current through June 24, 2024
(1) Except as provided in sub. (2) or (8),
				piers shall not extend into the water from the shoreline beyond the line of
				navigation or the length of the boat using the pier unless a need can be
				demonstrated by the riparian that boats using the pier require a greater depth
				of water. The depth of water necessary for nonfixed keel sailboats shall be
				measured with the centerboard or dagger boards raised.
(2) Piers may extend out to any pierhead
				line.
(3)
(a) Solid piers may be permitted under s.
				30.12(2),
				Stats., only on the following waters:
Note: 2003 Wis. Act 118 repealed s.
				  30.12(2),
				  Stats.
1. Outlying waters;
2. Harbors connected to outlying
				waters;
3. Fox river from the
				DePere dam to Lake Winnebago;
4.
				Lake Winnebago; and
5. Mississippi
				river.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.05 - Permits required

Current through June 24, 2024
Riparians intending to construct solid piers, rock-filled
				  cribs or similar types and size devices used as foundations, piers which extend
				  beyond established pierhead lines, or piers not conforming to s.
				  NR
				  326.04(1) or (9), shall apply for
				  permits under s.
				  30.12(2),
				  Stats.
2003 Wis. Act 118 repealed s.
					 30.12(2),
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.055 - Boat shelter standards

Current through June 24, 2024
Boat shelters shall comply with the standards in this
				  section.
(1) GENERAL STANDARDS FOR
				PERMANENT AND SEASONAL BOAT SHELTERS.
(a) A
				boat shelter may be placed and maintained only by a riparian.
(b) A boat shelter may not interfere with
				public rights and may not have an unreasonable adverse effect on aquatic
				habitat.
(c) A boat shelter may not
				interfere with the rights of other riparians and shall comply with the
				provisions of s.
				NR
				326.07.
(d) A boat shelter shall allow the free
				movement of water underneath and may not cause formation of land on the bed of
				the waterway.
(e) A boat shelter
				shall comply with applicable provisions of any municipal ordinances adopted
				under s.
				30.12(3)
				(a) 6. and (c), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.06 - Complaints

Current through June 24, 2024
(1) Upon receipt of a complaint by any
				municipality or person under s.
				30.14,
				Stats., the department shall investigate the pier, boat shelter, swim raft or
				related structure mentioned in the complaint to determine if it conforms with
				applicable provisions of s.
				30.12
				or
				30.13,
				Stats., and this chapter, and shall provide all known parties with the results
				of the investigation. The department may request such additional information as
				may be required from the complainant.
(2) Upon completion of the investigation, the
				department may conduct a hearing under s.
				30.14,
				Stats.
(3) The burden of proving
				that a pier, boat shelter or swim raft is in violation of s.
				30.12
				or
				30.13,
				Stats., and this chapter, is ordinarily on the complainant.
(4) Sections NR 326.06 and do not 326.08
				limit in any manner the authority of the department to require a permit or
				bring an enforcement action alleging that a pier, boat shelter or swim raft
				adversely affects public rights in navigable waters.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.07 - Riparian rights determinations

Current through June 24, 2024
(1) In order to
				determine whether a pier or boat shelter interferes with the rights of an
				adjacent riparian, the department shall use the method outlined in this
				subsection which it determines most fully meets the Wisconsin supreme court
				ruling in Rondesvedt v. Running, 19 Wis. 2d 614 (1962), that ". . . each must
				have his due proportion of the line bounding navigability and a course of
				access to it from the shore exclusive of every other owner, and that all rules
				for apportionment or division are subject to such modification as may be
				necessary to accomplish substantially this result."
(2) The alternative methods of apportionment
				include:
(a)
Apportionment of the line
				of navigation
. The general procedure for the apportionment of the line
				of navigation is to measure the whole shoreline of the cove or bay and the line
				of navigation in front of the shoreline and to apportion the line of navigation
				among the riparians in proportion to the length of their respective holdings on
				the shoreline. The area of water within which each riparian may place a pier to
				reach the line of navigation is determined by drawing straight lines between
				the corresponding points of division on the shoreline and the line of
				navigation.
(b)
Coterminous
				riparian rights lines
. Chords are drawn to connect points established
				at the intersection of each lot line with the ordinary highwater mark. The
				lines which bisect the angle formed by adjacent chords are the coterminous
				riparian rights lines. The extension of the coterminous riparian rights lines
				to the line of navigation describes the portion of the water within which each
				riparian may place a pier to gain access to the line of navigation. If the
				coterminous riparian rights lines intersect before the line of navigation is
				reached, another method of apportionment will be used.
(c)
Extended lot lines
.
				Under the extended lot line method the area of water within which each riparian
				may place a pier to reach the line of navigation is determined by extending the
				lot lines along the same alignment from the upland to the line of
				navigation.
(d)
Other
				method
. Any other method for determining the rights of riparians to
				gain access to the line of navigation that is compatible with the general rule
				adopted in sub. (1).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 326 - Piers, boat shelters and swim rafts in navigable waterways › Section NR 326.08 - Swim rafts

Current through June 24, 2024
(1) FINDING. The natural resources board
				finds that near shore areas are the most heavily used areas of a water body and
				are the most valuable ecological areas. Extensive and large structures on an
				individual and cumulative basis interfere with the public's ability to use and
				enjoy near shore areas and affect the growth of aquatic vegetation necessary
				for fish and wildlife habitat. Accordingly, the natural resources board finds
				that the use of swim rafts in excess of 200 square feet in surface area or 38
				inches in height may interfere with public rights as used in s.
				30.13(1m),
				Stats., and thereby require a permit under s.
				30.12,
				Stats.
(2) EXEMPTIONS.
(a) Swim rafts which are pulled onto shore
				and completely removed from the water on a daily basis or that are placed in
				swim areas marked and approved pursuant to s.
				NR
				5.09 are exempt from sub. (1).
(b) The height limitation of sub. (1) does
				not apply to protective covers, diving boards, ladders and slides.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.01 - Purpose and policy

Current through June 24, 2024
(1) Pursuant to ss.
				29.604(4),
				30.10(2),
				30.15,
				30.19,
				30.20,
				30.61(6)
				(a),
				30.68(8),
				30.74(2),
				and
				281.31,
				Stats., the department of natural resources promulgates this chapter regulating
				the practice of barge fleeting in order to protect public rights and interest
				in navigable waters; to protect the public health, safety and welfare; to
				protect fish and wildlife habitat; and to preserve the scenic beauty of the
				navigable waters of the state of Wisconsin.
(2) It is the natural resources board policy
				to permit strategically located barge fleeting facilities on the navigable
				waters of the state of Wisconsin in a manner consistent with the state's role
				as trustee of its navigable waters and with the Wisconsin environmental policy
				act. To achieve this objective, the department will coordinate, to the fullest
				extent practicable, the promulgation and administration of these administrative
				rules with affected municipalities, the Wisconsin department of transportation,
				the U.S. army corps of engineers, the U.S. coast guard, the states of Illinois,
				Iowa and Minnesota, and other agencies and interest groups.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.02 - Applicability

Current through June 24, 2024
This chapter is applicable to existing and future barge
				  fleeting activities in the Wisconsin portions of the Mississippi river and its
				  tributaries. It regulates the use of those waters for barge fleeting, including
				  the installation of structures, physical site modification such as dredging,
				  and operation of fleeting equipment and maneuvering of barges within the fleet.
				  This chapter applies in addition to any federal or local regulations which also
				  regulate barge fleeting.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.03 - Definitions

Current through June 24, 2024
(1) "Anchor" means a device placed in the bed
				of a waterway or on the adjacent upland and used to hold barges or other
				vessels in place while in the fleeting area.
(2) "Barge fleeting" means the temporary
				storage of barges and the disassembly and assembly of barge tows. It does not
				include the temporary mooring of line tows or loading or unloading
				operations.
(3) "Deadman" means an
				anchor buried in the upland adjacent to a fleeting area.
(4) "Department" means the Wisconsin
				department of natural resources.
(5) "Dolphins" means a closely grouped
				cluster of piles driven into the bed of a waterway and tied together so that
				the group acts as a unit to withstand lateral forces from vessels or other
				floating objects.
(6) "Fleeting
				area" means an area delineated in a permit which is used for barge
				fleeting.
(7) "Mooring barge" means
				a barge held in place by anchors or spuds and used to moor other barges during
				their stay in the fleeting area.
(8) "Mooring cell" means a sheet pile
				structure, usually filled with earth, stone, or concrete and used to hold
				barges or other vessels in place.
(9) "Operator" means any person who operates
				a barge fleeting area.
(10)
				"Person" means any individual, firm, partnership, joint venture, joint stock
				company, association, public or private corporation, municipality, cooperative,
				estate, trust, receiver, executor, administrator, fiduciary and any
				representative appointed by order of any court or otherwise acting on behalf of
				others.
(11) "Riparian rights"
				means the legal rights that assure the owner of land abutting a stream or lake
				access to or use of the water.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.05 - Procedure

Current through June 24, 2024
(1) The applicant shall provide general
				information on forms provided by the department.
(a) Technical information shall be initially
				submitted on 8 1/2 " × 11" reproducible sheets.
(b) Final technical information shall be
				submitted on full-sized (24" ×36") drawings before the public notice is
				issued under sub. (2) or (3).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.06 - Standards

Current through June 24, 2024
The following standards apply to operation of fleeting areas:
(1) No entity or person may engage in
				barge fleeting without meeting the requirements of s.
				NR
				327.04(2) (a) on the navigable
				waterway at the site of the fleeting area.
(2) Operators shall utilize navigation aids
				and markers which meet the requirements in s.
				NR
				5.09.
(3)
				Upstream and downstream ends of the fleet shall be lighted at the inbound
				corner, the outbound corner, and each barge width between, in addition to all
				external corners of the fleet, with U.S. coast guard approved white lights
				visible 360µ for a distance of one mile.
Note:
The lighting standards must be approved
				  by the U.S. coast guard prior to being in effect in Wisconsin. The standards
				  have been submitted to the coast guard for their approval. Until such time as
				  that approval is obtained, U.S. coast guard standards set forth in Annex V,
				  Pilot Rules, 33 CFR Part 88.13(b) (2) remain in effect in Wisconsin. After
				  approval of the above standards is obtained, this note will be deleted.
(4) Barge fleeting areas may not
				be established or operated in a manner which materially obstructs navigation or
				reduces the effective flood flow capacity of a stream.
(5) Barge fleeting may not be conducted in a
				manner which is detrimental to public rights in the waterway or to the public
				interest. Specific public rights or components of the public interest may
				include but are not limited to: commercial and recreational navigation,
				economic development, hunting, sport or commercial fishing, swimming, and the
				enjoyment of natural scenic beauty.
Note:
While the department may limit the number
				  of barges to be permitted in a specific barge fleeting area because of
				  environmental and navigational concerns associated with such specific barge
				  fleeting area, the department may not, except as stated previously in this
				  note, under existing legal authority, determine the need for fleeting capacity
				  or otherwise limit the number of barges in a barge fleeting area nor the total
				  number of barge fleeting areas.
(6) Barge fleeting areas shall be used by the
				operator only for barge fleeting.
(7) Designated fleeting areas may be used for
				incidents of navigation only to the extent that such use does not interfere
				with fleeting activities. Other waterway users may not obstruct barge fleeting
				activities within designated fleeting areas.
(8) The right of entry of barges into a
				fleeting area may be refused under the following circumstances:
(a) By the operator;
(b) As a condition of the permit;
(c) An order issued pursuant to s.
				30.03,
				Stats.; or
(d) By the department,
				after conferring with the operator, when there is an imminent hazard to the
				public interest, or to public health, safety or welfare.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.07 - Barge fleeting permits

Current through June 24, 2024
(1) A barge fleeting permit shall be required
				to authorize barge fleeting activities under and consistent with ss.
				30.10,
				30.12,
				30.15,
				30.19,
				30.20,
				30.61(5),
				30.68(8),
				30.74(2)
				and
				281.31,
				Stats.
(2) Facilities in existence
				on December 1, 1982 shall be permitted if they substantially comply with the
				provisions of s.
				NR
				327.06. If the department refuses to permit such a
				facility, it shall notify the operator of such refusal and the reasons thereof.
				The department shall hold a hearing if the operator requests a hearing within
				30 days of such refusal. If a request for hearing is made, the department must
				establish that the site or facility does not substantially comply with the
				provisions of s.
				NR
				327.06.
(3) The issuance or renewal of a barge
				fleeting permit shall be conditioned on the operation of the fleeting area in
				compliance with statutory standards and this chapter.
(4) The initial barge fleeting permit issued
				to an operator shall be valid for a period not less than 5 years nor greater
				than 10 years. If no proceeding for revocation or violation of the permit has
				been initiated during the term of the permit and there are no other changed or
				previously unknown circumstances, including environmental considerations, the
				permit shall, after notice and opportunity for hearing, be renewed for
				succeeding periods of up to 10 years.
(5) Failure by an operator to substantially
				exercise the rights granted in a permit issued under this chapter within a
				period of 2 years from the issuance of the permit shall render the permit null
				and void unless extended by the department. Failure by an operator to
				substantially exercise the rights granted in a permit issued under this chapter
				for any period of 2 consecutive years shall create a rebuttable presumption
				that the operator intends to abandon and forfeit the permit and shall be cause
				for a review of the barge fleeting permit by the department.
(6) A permit shall remain in force during the
				processing of an application for renewal, including any appeals process,
				provided that the application for renewal was made prior to the expiration of
				the permit.
Note: See s.
				  227.51, Stats.
(7) The department retains
				jurisdiction to modify a permit as appropriate to protect public rights and
				interest in navigable waters after notice and opportunity for
				hearing.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 327 - Barge Fleeting In Navigable Waterways › Section NR 327.08 - Enforcement

Current through June 24, 2024
(1) Operators shall notify the department
				within 5 days after the arrival of the first barge into the fleeting area and
				within 5 days after the departure of the last barge from the fleeting area each
				year so that the department may inspect the fleeting area for conformance with
				permit conditions.
(2) Any agent or
				employee of the department shall at all times be given reasonable access to any
				and all parts of any fleeting area. Every reasonable effort shall be made to
				notify the operator or operator's agent in advance.
(3) Violations of this chapter may be
				prosecuted by the department under ss.
				23.50,
				23.79,
				30.03,
				and
				30.68(2) and
				(7), Stats.
(4) The department, after investigation and
				notice under s.
				30.03,
				Stats., may revoke a barge fleeting permit for failure to comply with permit
				conditions.
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 328.02 - Applicability

Current through June 24, 2024
(1) Except as provided in s.
				  30.2023,
				  Stats., this subchapter applies to construction, placement and maintenance of
				  shore erosion control structures regulated under s.
				  30.12(1),
				  (1g) (a), (i), (j) and (k), (2m), (3) (a) 3c,
				  3g., 3r. and 13. and (3m), Stats. Any person that intends to construct, place
				  or maintain a shore erosion control structure in any inland lake or impoundment
				  shall comply with all applicable provisions of this chapter and any permit
				  issued under this chapter.
Note:
This subchapter does not apply to the
					 Great Lakes or outlying waters as defined in s.
					 29.001(63),
					 Stats.
Note:
Shore erosion control structures for
					 lakes and impoundments in the areas described in s.
					 30.203,
					 Stats., (Seawalls; Wolf River and Fox River basins) that do not qualify for an
					 exemption are regulated under this chapter.
(2) Shore erosion control measures such as
				  grading to establish a stable slope, revegetation or other bioengineering
				  methods that do not involve the placement of structures on the bed of a
				  waterway are not regulated under s.
				  30.12,
				  Stats., or this subchapter.
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.
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 328.03 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Area of special natural resource
				  interest" has the meaning in s.
				  30.01(1am),
				  Stats., and as identified by the department in s.
				  NR
				  1.05.
Note:
"Area of special natural resource
					 interest" means any of the following:
(a) A state natural area designated or
				  dedicated under ss.
				  23.27
				  to
				  23.29,
				  Stats.
(b) A surface water
				  identified as a trout stream by the department under s.
				  NR
				  1.02(7).
(bm) A surface water identified as an
				  outstanding or exceptional resource water under s.
				  281.15,
				  Stats.
(c) An area that possesses
				  significant scientific value, as identified by the department in s.
				  NR
				  1.05.
Information and lists can be obtained by contacting the
					 department, or found on the department's website at
http://dnr.wi.gov
, under the topic
					 "Waterway and Wetland Permits".
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 328.05 - General permits

Current through June 24, 2024
(1) PROCEDURES.
(a) General permits shall be processed
				  according to the procedures in ch. NR 300.
(b) If the department determines that a
				  proposal submitted under this section has the potential to impact an endangered
				  or threatened species in accordance with s.
				  29.604, Stats., the application
				  shall be deemed incomplete. The department may not consider the application
				  complete or issue a general permit until the applicant submits documentation to
				  demonstrate one of the following:
1. The
				  project avoids impacts to the endangered or threatened species in accordance
				  with s. 29.604, Stats.
2. The project has received an incidental
				  take authorization under s.
				  29.604,
				  Stats.
(c) If the
				  applicant modifies the project plans to meet the requirements of par. (b), the
				  modified plans shall be submitted before the department may consider the
				  application complete or issue a general permit.
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 328.06 - Individual permits

Current through June 24, 2024
(1) PROCEDURES.
(a) Individual permits shall be processed
				  according to the procedures in ch. NR 300.
(b) If the department determines that a
				  proposal submitted under this section has the potential to impact an endangered
				  or threatened species in accordance with s.
				  29.604, Stats., the application
				  shall be deemed incomplete. The department may not consider the application
				  complete or issue a general permit until the applicant submits documentation to
				  demonstrate one of the following:
1. The
				  project avoids impacts to the endangered or threatened species in accordance
				  with s. 29.604, Stats.
2. The project has received an incidental
				  take authorization under s.
				  29.604,
				  Stats.
(c) If the
				  applicant modifies the project plans to meet the requirements of par. (b), the
				  modified plans shall be submitted before the department may consider the
				  application complete or issue a general permit.
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 328.07 - Prohibited erosion control methods

Current through June 24, 2024
(1) PERMANENT
				  BREAKWATERS. Except as provided in subch. II, construction of permanent
				  breakwaters is prohibited.
(2) NEW
				  SEAWALLS. Except as provided in s.
				  NR
				  328.06(4) or s.
				  30.203,
				  Stats., construction of new seawalls is prohibited.
(3) NEW RIPRAP. Construction of new riprap is
				  prohibited at low energy sites, except as provided in s.
				  NR 328.06(3)
				  (b).
Construction of new riprap may be authorized at moderate
						and high energy sites as provided in s.
						NR
						328.05(5) or
						328.06(3).
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 328.09 - Enforcement

Current through June 24, 2024
(1) Noncompliance with the provisions of ss.
				  30.12,
				  30.20 and
				  30.206, Stats., this chapter, or
				  any conditions of an exemption, general permit or individual permit issued by
				  the department, constitutes a violation and may result in a forfeiture, fine or
				  imprisonment. The department may seek abatement under s.
				  30.294, Stats., for any activity
				  in violation of ss. 30.12,
				  30.20 and
				  30.206, Stats.
(2) If the activity may be authorized by a
				  general permit under s.
				  30.206, Stats., failure of an
				  applicant to follow the procedural requirements may not, by itself, result in
				  abatement of the activity.
(3) When
				  an after-the-fact permit application has been filed with the department, the
				  department shall follow the procedures in ch. NR 300 for violations.
(4) Any violation of these rules shall be
				  treated as a violation of the statutes they interpret or are promulgated
				  under.
(5) No person may place a
				  shore erosion control structure in a navigable waterway if the activity is not
				  eligible for an exemption, authorized by a general permit or individual permit
				  issued under this chapter, or otherwise authorized under this
				  chapter.
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 II - Municipal Breakwater Permits › Section NR 328.20 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to establish when
					 deposits of material constitute structures for the purpose of controlling shore
					 erosion and to set criteria for determining when structures will be authorized
					 under s.
					 30.12,
					 Stats.