"(bg) Measures excluded from consideration
. In determining if a navigable 4
water activity meets the requirements under par. (a) with regard to a navigable 5
water, the department may not consider any proposed measure under par. (b) if the 6
navigable water is any of the following:
1. A perennial stream, if the drainage area of the portion of the stream 8
upstream from the farthest downstream point of the navigable water activity is more 9
than 2 square miles. In this subdivision, "perennial stream" means a stream that 10
has a continuous flow every day of every year in which there is average precipitation.
2. A navigable water, other than a stream, that is more than 2 acres in area 12
every day of every year in which there is average precipitation and that is not a 13
freeze-out pond, as defined in s. 29.001 (29).
3. A class I, class II, or class III trout stream.".