Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 323 - Fish And Wildlife Habitat Structures In Navigable Waterways › Section NR 323.03 - Definitions

Current through June 24, 2024
The following definitions apply to this chapter:
(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.
(2)
				"Bank cover" means a man-made structure composed of biological or inert
				materials designed to provide overhanging cover habitat for fish in
				streams.
(3) "Biological materials"
				means living or organic materials that are biodegradable such as native
				grasses, sedges, forbs, shrubs and trees; live stakes and posts; non-treated
				wood; jute netting; fiber rolls and mats; logs; and branches.
(4) "Department" means the department of
				natural resources.
(5) "Fish crib"
				means a man-made 3-dimensional habitat structure composed of biological or
				inert materials designed specifically to attract and concentrate
				fish.
(6) "Half-log" means a
				man-made structure composed of a log sawed lengthwise and anchored flat side
				down to the bottom of a lake or stream using steel rods for the purpose of
				providing habitat for fish.
(7)
				"Inert materials" means those materials that slowly degrade, such as chemically
				treated wood, stone, stainless and galvanized steel, plastics and synthetic
				polymers.
(8) "Navigable waterway"
				means any body of water with a defined bed and bank, which is navigable under
				the laws of the state. In Wisconsin, a navigable body of water is capable of
				floating the lightest boat or skiff used for recreation or any other purpose on
				a regularly recurring basis.
Note:
This incorporates the definition at s.
				  30.01(4m)
				  Stats., and current case law, which requires a watercourse to have a bed and
				  banks,
Hoyt v. City of Hudson
, 27 Wis. 656 (1871), and
				  requires a navigable waterway to float on a regularly recurring basis the
				  lightest boat or skiff,
DeGayner & Co., Inc. v. DNR
, 70
				  Wis. 2d 936 (1975);
Village of Menomonee Falls v. DNR
, 140
				  Wis.2d 579 (Ct. App. 1987).
(9) "Nesting structure" or "wildlife habitat
				structure" means any structure or device constructed for the purpose of
				improving nesting habitat for wildlife, including birds, mammals, amphibians
				and reptiles. Nesting structures include but are not limited to wood duck
				houses and nesting platforms.
(10)
				"Ordinary high water mark" means the point on the bank or shore up to which the
				presence and action of water is so continuous as to leave a distinct mark
				either by erosion, destruction of terrestrial vegetation or other easily
				recognizable characteristic.
(11)
				"Riparian" means an owner of land abutting a navigable waterway.
(12) "Similar device" under s.
				30.12(1g)
				(c), Stats., means a man-made structure
				composed of biological or inert materials designed specifically for the purpose
				of providing habitat for fish, including but not limited to tree drops,
				half-logs and brush bundles.
(13)
				"Spawning reef" means an expanse of rock below the surface of the water used by
				fish for spawning.
(14) "Tree drop"
				means a man-made structure created by a tree placed into the water for the
				purpose of providing habitat for fish.
(15) "Wing deflector" means a man-made
				structure composed of biological or inert materials placed in streams to
				deflect stream flow and modify stream channels for the purpose of providing
				habitat for fish.