NR 345.04(2)(e)2. 2. Unless the department previously authorized the project under s. 30.20, Stats., the dredging may not be located where there are public rights features as described in s. NR 1.06.
NR 345.04(2)(e)3. 3. Dredging shall comply with s. ATCP 48.32.
NR 345.04(2)(e)4. 4. Maintenance of the district ditch and any structures in the ditch shall comply with the established specifications and compliance plan under ss. ATCP 48.20 and 48.22.
NR 345.04(2)(e)5. 5. Dredging may not exceed the volume or extend beyond the dimensions of the previously dredged project.
NR 345.04(2)(f) (f) Standards for manual dredging.
NR 345.04(2)(f)1.1. A general permit, subject to all of the following limitations may authorize manual dredging activities that do not meet the exemption standards in s. NR 345.04 (1) (d).
NR 345.04(2)(f)2. 2. The dredging operation meets the definition of manual dredging in s. NR 345.03 (5).
NR 345.04(2)(f)3. 3. For each riparian property, the amount of bottom material removed from a waterbody may not exceed 10 cubic yards in a calendar year.
NR 345.04(2)(f)4. 4. The project may not be located where there are public rights features as described in s. NR 1.06.
NR 345.04 Note Note: When the state is the riparian property owner, the requirements of ch. NR 45 shall be met.
NR 345.04(2)(g) (g) Standards for maintenance dredging of previously dredged areas. Maintenance dredging of material from an area from which material has previously been removed is eligible for a general permit subject to all of the following limitations:
NR 345.04(2)(g)1. 1. Unless the department previously authorized the project under s. 30.20, Stats., the dredging may not be located in an area of special natural resource interest, or where there are public rights features as described in s. NR 1.06.
NR 345.04(2)(g)3. 3. Dredging may not exceed the volume or extend beyond the dimensions of the previous dredge project.
NR 345.04(2)(g)4. 4. The applicant has provided information that the area meets the requirements of “previously dredged area" as follows:
NR 345.04(2)(g)4.a. a. The applicant can demonstrate that previous removal of material was authorized by the department; or
NR 345.04(2)(g)4.b. b. The applicant can demonstrate historical information documenting the previous removal of material including the date of removal, the volume of material removed and location of the material disposal.
NR 345.04(2)(g)5. 5. Unless the dredging project is for the removal of material associated with maintenance of a harbor or marina located on Lake Michigan or Superior, the material removed may not exceed 50,000 cubic yards.
NR 345.04(2)(h) (h) Standards for jetting to harvest aquatic plants, tubers or seeds. Jetting of the bottom sediments during the harvesting of aquatic plants is eligible for a general permit which will meet the substantive requirements of ch. NR 109, subject to all of the following limitations:
NR 345.04(2)(h)1. 1. The project shall be in a location where the bed of the waterway is privately-owned or a location where the bed of the waterway is publicly-owned if the department determines that the project is consistent with the aquatic plant management activities authorized under ch. NR 109.
NR 345.04 Note Note: Under Wisconsin law, the bed of natural lakes is publicly-owned, and the bed of rivers and streams is owned by the adjacent riparian to the center of the river or stream. For impoundments or raised lakes, the bed is privately owned to the edge of the natural lakebed.
NR 345.04(2)(h)2. 2. The applicant shall be licensed by the department of agriculture, trade and consumer protection as a nursery grower under s. 94.10, Stats.
NR 345.04(2)(h)3. 3. All dislodged aquatic plants and floating debris shall be removed from the waterbody at the end of each day.
NR 345.04(2)(h)4. 4. The equipment and motors used for jetting loose the aquatic plants shall conform to the following specifications:
NR 345.04(2)(h)4.a. a. The pumps may not exceed 6 ½ horsepower.
NR 345.04(2)(h)4.b. b. The hoses may not exceed 3 inches inside diameter.
NR 345.04(2)(h)4.c. c. The intake strainer may not exceed 3/8 inch mesh.
NR 345.04(2)(h)5. 5. To provide for re-growth of aquatic plants, the area dredged may not exceed 50 feet by 15 feet and an area 5 feet in width shall be left undisturbed around all dredge sites regardless of its size. Multiple areas 50 feet by 15 feet may be dredged within a waterbody if consistent with subd. 6.
NR 345.04(2)(h)6. 6. The general permit authorizes up to 5 acres of jetting, but no more than 50% of the aquatic vegetation from the waterbody.
NR 345.04(2)(h)7. 7. Only one general permit shall be issued for each area of a waterbody on an annual basis.
NR 345.04(2)(i) (i) Standards for dredging less than 25 cubic yards from a river or stream. Dredging less than 25 cubic yards is eligible for a general permit subject to all of the following limitations:
NR 345.04(2)(i)1. 1. The dredging may not be located on a lake or impoundment, in an area of special natural resource interest, or where there are public rights features as described in s. NR 1.06.
NR 345.04(2)(i)2. 2. The bottom material shall be dredged by mechanical operation of a bucket excavator or backhoe.
NR 345.04(2)(i)3. 3. The dredged material may not be temporarily stockpiled within 75 feet of the ordinary high water mark.
NR 345.04(2)(i)4. 4. The removal of bottom material shall be located in less than 3 feet of water and within 50 feet of the ordinary high water mark.
NR 345.04(2)(i)5. 5. The dredging may not result in water depth greater than 5 feet.
NR 345.04(2)(i)6. 6. For each riparian property, the amount of bottom material dredged from a waterbody may not exceed 25 cubic yards in a calendar year.
NR 345.04(2)(im) (im) Standards for removal of plant and animal nuisance deposits. All of the following are standards for removal of plant and animal nuisance deposits.
NR 345.04(2)(im)1. 1. The removal shall only be located in outlying waters.
NR 345.04(2)(im)2. 2. This general permit is for the one time removal of the plant and animal nuisance deposit. Only 3 general permits for plant and animal nuisance deposits may be issued for any area of a waterbody on an annual basis. For the general permit requirements listed under this paragraph, an area of a waterbody is the geographical location of the project as indicated on the general permit application form.
NR 345.04 Note Note: General permit application forms are available at department service centers and on the department website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits".
NR 345.04(2)(im)3. 3. The project area to which this general permit applies shall be under the same ownership as the applicant.
NR 345.04(2)(im)4. 4. The removal may not be located where there are public rights features as described in s. NR 1.06 or in waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in the Coastal Wetlands of Wisconsin (DNR-CMP project).
NR 345.04 Note Note: The Coastal Wetlands of Wisconsin's Great Lakes can be found at the following website http://dnr.wi.gov/topic/nhi/projects.html under the topic “Coastal Wetlands".
NR 345.04(2)(im)5. 5. The removal shall only be located within the swash zone of the waterway.
NR 345.04(2)(im)6. 6. The removal is limited to the plant and animal nuisance deposit only. The removal of material other than plant and animal nuisance deposits should be limited to the extent practicable and may not exceed a de minimus amount.
NR 345.04 Note Note: The material may contain trash which should be removed along with the plant and animal nuisance deposit.
NR 345.04(2)(im)7. 7. The total amount of material removed shall be less than 3000 cubic yards.
NR 345.04(2)(im)8. 8. This general permit does not authorize the redistribution of native lakebed material which includes sand, cobble, silt, detritus, and other organic material or the placement of additional sand/stone, etc.
NR 345.04(2)(im)9. 9. Equipment used shall be designed to skim only the plant and animal nuisance deposit off of the native lakebed. The equipment shall be used in a manner that minimizes the impacts to the native lakebed and surrounding vegetation.
NR 345.04(2)(im)10. 10. Equipment used shall be low ground pressure equipment, including wide-tire vehicles, and tracked equipment, to minimize rutting. The equipment shall remove the material along a path parallel to the shore within the swash zone. Equipment operation shall cease when rutting occurs. Any rutting of the lakebed shall be immediately restored by the operator of the vehicle.
NR 345.04 Note Note: The depth of the rut is measured from the original lakebed surface to the bottom of the depression. If individual lug depressions are visible, the depth would be measured to the lesser of the two depths (e.g., the top of the lug). Measurements are not cumulative.
NR 345.04(2)(im)11. 11. If the removed material will be disposed of by landspreading, the material shall be incorporated into the soil by plowing or disking within 24 hours.
NR 345.04(2)(im)12. 12. Unless using a developed boat launch, equipment used in the removal shall access the swash zone along one path perpendicular to the shore. The chosen route shall minimize the impact to the shoreline and vegetated lakebed.
NR 345.04 Note Note: Note: Effective Aug. 1, 2012, s. 30.20(1t)(b), Stats., is repealed. As provided by s. 30.206(1r), Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits authorized by s. 30.20(1t) (b), Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6, 2013. This permit is replaced with Statewide General Permit GP5-2013-WI (WDNR-GP5-2013), which is found on the department website http://dnr.wi.gov under the topic "Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless renewed, modified, or revoked on or before that date.
NR 345.04(2)(ir) (ir) Standards for using motor vehicles for the management of non-native and invasive plant species growing on the exposed lakebed of outlying waters. All of the following are standards for using motor vehicles, as defined in s. 30.29, Stats., for the management of non-native and invasive emergent plant species growing on exposed lakebed.
NR 345.04(2)(ir)1. 1. The project shall be located on the exposed lakebed of outlying waters.
NR 345.04(2)(ir)2. 2. The project shall be conducted when the exposed lakebed is dry.
NR 345.04(2)(ir)3. 3. The project area to which this general permit applies shall be under the same ownership as the applicant.
NR 345.04(2)(ir)4. 4. The use of the motor vehicle is for the purpose of controlling emergent invasive or nonnative aquatic plant species as designated by the department under s. 23.24, Stats., and s. NR 109.07.
NR 345.04(2)(ir)5. 5. The use of the motor vehicle is for mowing or spreading herbicide in conformance with a written invasive or nonnative aquatic plant species control plan approved by the department.
NR 345.04 Note Note: An invasive or nonnative aquatic plant species control plan, as required under s. NR 109.04 (3) and described in s. NR 109.09, must contain the following items: a description of the existing condition including the types of plants present and their abundance; a strategy for the control of the invasive or nonnative aquatic plant species; a plan for the re-establishment of the native plant community; and a monitoring plan to assess the success or failure of the control plan.
NR 345.04(2)(ir)6. 6. For projects requiring a permit under ch. NR 107 or 109, before the department can consider the application complete or issue a general permit under this section, the applicant shall submit documentation to demonstrate that a permit under ch. NR 107 or 109 has been applied for.
NR 345.04 Note Note: The chemical treatment of aquatic plants may require a permit under ch. NR 107 and physical removal of aquatic plants may require a permit under ch. NR 109.
NR 345.04(2)(ir)7. 7. The motor vehicle may only be operated in the specific area that is detailed in the approved invasive species control plan or permit. This permit does not authorize the operation of any motor vehicle in areas outside of those designated in the approved plan or permit.
NR 345.04(2)(ir)8. 8. Equipment used shall be low ground pressure equipment, including wide-tire vehicles, and tracked equipment, to minimize rutting. Equipment operation shall cease when rutting occurs. Any rutting of the lakebed shall be immediately restored by the operator of the vehicle.
NR 345.04 Note Note: The depth of the rut is measured from the original lakebed surface to the bottom of the depression. If individual lug depressions are visible, the depth would be measured to the lesser of the 2 depths (e.g., the top of the lug). Measurements are not cumulative.
NR 345.04(2)(ir)9. 9. The motor vehicle shall be used in a manner that minimizes the impacts to the native lakebed material and any surrounding native vegetation.
NR 345.04(2)(ir)10. 10. To minimize impacts to small animals and native plants and to prevent soil disruption and rhizome spread, the mowing deck shall be set no lower than 4 inches above the ground when operating equipment.
NR 345.04(2)(ir)11. 11. To protect wildlife habitat during nesting seasons, the use of a motor vehicle to control emergent invasive or nonnative aquatic plant species may only occur between August 1st and March 15th of the subsequent year.
NR 345.04(2)(ir)12. 12. The applicant may request that the requirement in subd. 11. be waived by the department on a case-by-case basis, by submitting a written statement signed by the local department wildlife biologist, documenting consultation about the proposed control plan, and that the local department wildlife biologist has determined that the requirements of subd. 11. are not necessary to protect wildlife habitat during the nesting season for the proposed project.
NR 345.04(2)(j) (j) Individual permit or contract required.
NR 345.04(2)(j)1.1. Activities which do not meet the standards in par. (c) and either par. (d), (e), (f), (g), (h), (i), (im), (ir) or (j) shall require an individual permit or contract.
NR 345.04(2)(j)2. 2. The department has authority under s. 30.206 (3r), Stats., to require an individual permit or contract in lieu of a general permit.
NR 345.04(3) (3)Individual permits.
NR 345.04(3)(a)(a) Procedures.
NR 345.04(3)(a)1.1. Individual permits shall be processed according to the procedures in ch. NR 310.
NR 345.04(3)(a)2. 2. 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 an individual permit until the applicant submits documentation to demonstrate one of the following:
NR 345.04(3)(a)2.a. a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.
NR 345.04(3)(a)2.b. b. The project has received an incidental take authorization under s. 29.604, Stats.
NR 345.04(3)(a)3. 3. If the applicant modifies their project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department can consider the application complete or issue an individual permit.
NR 345.04(3)(b) (b) Applicable activities. Any dredging which is not exempt under sub. (1) and is not authorized by a general permit under sub. (2), requires authorization by an individual permit pursuant to s. 30.20 (1), Stats.
NR 345.04(3)(c) (c) Standards.
NR 345.04(3)(c)1.1. Dredging which meets the standards in s. 30.20 (2), Stats., may be authorized under an individual permit or contract.
NR 345.04(3)(c)2. 2. All applicable provisions in chs. NR 346 and 347 shall be met.
NR 345.04 History History: CR 04-087: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: am. (1) (d), cr. (2) (a) 4., and (2) (f) to (i), am. (2) (b), renum. (2) (f) to be (2) (j) and am. Register December 2005 No. 600, eff. 1-1-06; CR 07-112: cr. (2) (a) 2m., (im) and (ir), am. (2) (a) 3., (b), (c) (intro.), 7., 9. and (j) 1. Register July 2008 No. 631, eff. 8-1-08; correction in (2) (im) 2. made under s. 13.92 (4) (b) 7., Stats., Register July 2008 No. 631; CR 07-094: cr. (1) (c) 6. and (d) 9., r. and recr. (2) (c) 9. Register November 2008 No. 635, eff. 12-1-08; correction to (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 13-022: r. (2) (e) 6., (g) 2. Register March 2014 No. 699, eff. 4-1-14.
NR 345.05 NR 345.05Enforcement.
NR 345.05(1) (1) Noncompliance with the provisions of ss. 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. The department may seek abatement under s. 30.294, Stats., for any violation of ss. 30.20 and 30.206, Stats.
NR 345.05(2) (2) If the activity may be authorized by a general permit under s. 30.206, Stats., failure of an applicant to follow procedural requirements may not, by itself, result in abatement of the activity.
NR 345.05(3) (3) When an after-the-fact permit application has been filed with the department, the department shall follow the procedures in ch. NR 301 for violations.
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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.