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