Register May 2013 No. 689
Chapter NR 329
MISCELLANEOUS STRUCTURES IN NAVIGABLE WATERWAYS
NR 329.01   Purpose.
NR 329.02   Applicability.
NR 329.03   Definitions.
NR 329.04   Miscellaneous structures.
NR 329.05   Enforcement.
Ch. NR 329 Note Note: Chapter NR 329 was created as an emergency rule effective April 19, 2004; emergency repeal and recreate ch. NR 329, effective August 24, 2004.
NR 329.01 NR 329.01Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for structures placed in navigable waterways as regulated under s. 30.12 (1g), (1p), (3) (a), (d), and (3m), 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.
NR 329.01 History History: CR 04-062: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: am. Register December 2005 No. 600, eff. 1-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
NR 329.02 NR 329.02Applicability. This chapter applies to construction, placement and maintenance of boat landings, dry fire hydrants, fords, intake and outfall structures, pilings, pea gravel blankets and weed rakes regulated under ss. 30.12 (1g) (a), (g), (h) and (km), (3) (a) 1., 4., 5., (d), and (3m), and 30.20 (1g) (b) 2., Stats., and to all other structures constructed, placed or maintained in navigable waterways unless regulated under another chapter. Any person who intends to construct, place or maintain a structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter.
NR 329.02 Note Note: Currently, culverts and bridges are regulated under ch. NR 320; habitat structures are regulated under ch. NR 323; boathouses and fixed houseboats are regulated under ch. NR 325; piers, wharves, boat shelters, boat lifts, boat hoists and swimming rafts are regulated under ch. NR 326; shore erosion control structures are regulated under ch. NR 328.
NR 329.02 History History: CR 04-062: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: am. Register December 2005 No. 600, eff. 1-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
NR 329.03 NR 329.03Definitions. In this chapter:
NR 329.03(1) (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.
NR 329.03 Note Note: “Area of special natural resource interest" means any of the following:
NR 329.03 Note(a) A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats.
NR 329.03 Note(b) A surface water identified as a trout stream by the department under s. NR 1.02(7).
NR 329.03 Note (c) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats.
NR 329.03 Note (d) An area that possesses significant scientific value, as identified by the department in s. NR 1.05.
NR 329.03 Note 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".
NR 329.03(2) (2) “Boat landing" means a structure installed on the bed and bank of a navigable waterway for the purpose of launching and landing watercraft.
NR 329.03(3) (3) “Department" means the department of natural resources.
NR 329.03(4) (4) “Dry fire hydrant" means a structure or device to which a fire hose can be connected, which is constructed in and adjacent to a navigable waterway for the purpose of providing water for fighting fires.
NR 329.03(5) (5) “Ford" means a structure consisting of rock or gravel, placed on the bed of a navigable waterway to facilitate crossing the waterway.
NR 329.03(6) (6) “Intake or outfall structure" means a structure located on the bank or bed of a navigable waterway below the horizontal plane of the ordinary high water mark that is used to divert water from the waterway for purposes other than irrigation or to discharge water to the waterway. An intake or outfall structure shall include rock riprap toe protection not to exceed 2 cubic yards.
NR 329.03(7) (7) “Open to the general public" means available to any person conditioned only upon the payment of a reasonable fee. “Open to the general public" does not include conditions that require purchase of a boat, boat slip, parcel of property, condominium unit or membership in a club or organization.
NR 329.03(8) (8) “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.
NR 329.03(9) (9) “Pea gravel" means an open graded coarse aggregate formed by the natural disintegration of numerous types and colors of rocks by glacial or river bed action into primarily round particles that are produced by washing and screening natural gravel. The particles are sized from ½ (12.5 mm) to #8 mesh (2.36 mm).
NR 329.03(10) (10) “Pea gravel blanket" means a layer of pea gravel less than 6 inches in depth that is placed on the bed of a navigable lake, pond or flowage to facilitate wading for recreational purposes under s. 30.12 (3) (a) 1., Stats. A pea gravel blanket does not include the placement of sand or filter fabric.
NR 329.03(11) (11) “Piling" has the meaning in s. 30.01 (5m), Stats.
NR 329.03(12) (12) “Reasonable fee" means a fee comparable to those charged the general public for similar facilities on the waterway or a similar waterway in the vicinity.
NR 329.03(13) (13) “Riparian" means an owner of land abutting a navigable waterway.
NR 329.03(14) (14) “Weed rake" means an appurtenance, attached to a structure such as a pier or piling, designed to mechanically remove aquatic plants by the movement of rake tines attached to a floating boom without grubbing, lifting or rolling of the bottom sediments.
NR 329.03(15) (15) “Wetland" means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
NR 329.03 History History: CR 04-062: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: renum. (9) to (13) to be (11) to (15), cr. (9) and (10) Register December 2005 No. 600, eff. 1-1-06.
NR 329.04 NR 329.04Miscellaneous structures.
NR 329.04(1) (1)Exemptions.
NR 329.04(1)(a)(a) Procedures. Exemptions shall be processed according to the procedures in ch. NR 310.
NR 329.04(1)(b) (b) Applicable activities. A dry fire hydrant that meets the standards in pars. (c) and (d) shall be exempt under s. 30.12 (1g) (g), Stats. An intake or outfall structure that meets the standards in pars. (c) and (e) shall be exempt under s. 30.12 (1g) (km), Stats. A piling that meets the standards in pars. (c) and (f) shall be exempt under s. 30.12 (1g) (h), Stats.
NR 329.04 Note 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."
NR 329.04(1)(c) (c) General standards.
NR 329.04(1)(c)1.1. Exempt activities under this section may not be located in an area of special natural resource interest or within a public rights feature as described in s. NR 1.06.
NR 329.04(1)(c)2. 2. 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.
NR 329.04 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.
NR 329.04(1)(c)3. 3. 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.
NR 329.04(1)(c)4. 4. To protect fish habitat during spawning seasons, no exempt activity may take place during the following time periods:
NR 329.04(1)(c)4.a. a. For perennial tributaries to trout streams identified under s. NR 1.02 (7), September 15 through May 15.
NR 329.04(1)(c)4.b. b. For all waters not identified under subd. 4. a. and located south of state highway 29, March 15 through May 15.
NR 329.04(1)(c)4.c. c. For all waters not identified under subd. 4. a. and located north of state highway 29, April 1 through June 1.
NR 329.04(1)(c)5. 5. 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. 5. a. to c. or h. Decontamination shall include either subd. 5. 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.
NR 329.04(1)(c)5.a. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.
NR 329.04(1)(c)5.b. b. Drain all water from equipment used in navigable waters.
NR 329.04 Note 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.
NR 329.04(1)(c)5.c. 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.
NR 329.04(1)(c)5.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 329.04(1)(c)5.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.