NR 300.23 Exceptions to time limits
NR 300.24 Inspection authority
NR 300.01 Purpose. This chapter describes procedures, timelines, and fees for waterway and wetland regulatory decisions and services. This includes exemption, permitting, and enforcement decisions as well as wetland mapping, wetland identification, wetland confirmation, and waterway jurisdictional decisions.
NR 300.02 Applicability. This chapter applies to regulatory services and decisions for waterway and wetland activities pursuant to chs. 30, 31, and 227 and ss. 281.36, 23.32, and 23.321, Stats. NR 300.03 Definitions. In this chapter:
(1)
(1) “Application" means a form prescribed by the department to be completed by an owner, applicant, or authorized agent for an activity that requires a permit or approval from the department, and any other information that can reasonably be required from an applicant, and that requires the department to make a decision under applicable provisions of law, such as plans, property deeds, technical analysis, or, when required pursuant to s. 23.11 (5), Stats., an adequate environmental impact report. (2) “Business day" or “working day” means each day except Saturday, Sunday and “Legal Holidays” as provided in s. 995.20, Stats. (3) “Department" means the department of natural resources.
(4) “Environmental damage" means the harming of any wildlife or wildlife habitat including fish, bird, animal, or plant life, or degradation of the air, land, and waters within the state.
Note: The definition of environmental damage is necessarily general as it must be subjectively applied in conformance with applicable statutes.
(5) “Environmental pollution” has the meaning specified in s. 299.01 (4), Stats. (6) “Field investigation" means a physical inspection of the location of a proposed action requiring a permit or approval under ch. 30 or 31, Stats., or s. 23.321 or 281.36, Stats., and surrounding areas that may be directly or indirectly affected by the proposed action, carried out by an employee or agent of the department for the purpose of determining whether the proposed action meets applicable requirements of law. (8) (a) “Individual permit" means a permit issued by the department for a single project under specific applicable provisions of s. 281.36 (3m) and ch. 30, Stats., excluding s. 30.206, Stats. (b) “Individual permit" includes a contract issued under s. 30.20, Stats. (9) “Navigable waterway" has the same meaning specified in s. 30.01 (4m), Stats. 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). (10) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.
(11) “Secondary impacts” means impacts to wetlands that are causally linked to the proposed project.
Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use to due habitat fragmentation or habitat conversion, erosion (sedimentation/siltation) due to inadequate or missing site stabilization, or the introduction or increase of invasive or non-native plant species to a wetland.
(12) “Waters of the state” has the meaning specified in s. 281.01 (18), Stats. Subchapter I
Regulatory Decisions
NR 300.04 Waterway exemptions. (1) Applicability. This section applies to all of the waterway exemptions specified in subch, II of ch. 30, Stats. (2) Eligibility. A person may only undertake a waterway activity that is exempt from permitting under ch. 30, Stats., if that person can confirm that a proposed activity complies with all of the following requirements: (a) The waterbody in which the proposed activity is to occur does not have a classification or designated use that precludes the activity from being exempt.
(b) Reasonable installation practices will be used that minimize environmental impacts.
(c) Reasonable construction and design requirements will be met.
(d) Proper disinfection protocols will be complied with to avoid the spread of invasive species.
(e) The proposed activity will not cause a significant adverse impact to the public rights and interests.
(f) The proposed activity will not cause environmental pollution.
(g) The proposed activity will not cause a material injury to the riparian rights of any riparian owners.
(h) The proposed activity is reasonable for the site and use of the property.
(i) Appropriate safety measures will be put in place to ensure recreational safety such as appropriate lighting.
(j) The proposed activity design and construction methods and timing will not adversely impact fish spawning or fish spawning habitat.
(k) For waterway structure exemptions authorized under s. 30.12, Stats., the project proponent must be a riparian owner. (L) All other exemption requirements specified in ch. 30, Stats., and applicable administrative codes are satisfied. Note: Examples of waterbodies that may not be eligible to be exempt include areas of special natural resource interest and public right features. See ss. NR 1.05 and 1.06 for more information. Note: Exemption requirements are specified in the ch. NR 300 Administrative Code series. (3) Responsibility. A person is responsible for ensuring that the requirements specified in sub. (2) as well as all applicable statutory requirements for the specific exemption will be met.
Note: Federal or local permits or approvals may be required. The requester is responsible for obtaining all necessary federal or local permits or approvals for their activity.
Note: The department may develop guidance, checklists, or other materials to help stakeholders make an eligibility determination.
(4) Review request. A person may submit an exemption determination request to the department to confirm if a proposed activity and site is eligible for an exemption. The exemption request shall include the following:
