To protect fish and aquatic life uses established in s. NR 102.04 (3)
and recreational uses established in s. NR 102.04 (5)
on the Great Lakes, total phosphorus criteria are established as follows:
For both open and nearshore waters of Lake Superior, 5 ug/L.
For both open and nearshore waters of Lake Michigan, excluding waters identified in par. (c)
, 7 ug/L.
For the portion of Green Bay from the mouth of the Fox River to a line from Long Tail Point to Point au Sable, the water clarity and other phosphorus-related conditions that are suitable for support of a diverse biological community, including a robust and sustainable area of submersed aquatic vegetation in shallow water areas.
Lakes and reservoirs of less than 5 acres in surface area.
A criterion contained within this section may be modified by rule for a specific surface water segment or waterbody. A site-specific criterion may be adopted in place of the generally applicable criteria in this section where site-specific data and analysis using scientifically defensible methods and sound scientific rationale demonstrate a different criterion is protective of the designated use of the specific surface water segment or waterbody. Procedures for developing site-specific criteria for phosphorus are established in ch. NR 119
Site-specific criteria apply to the following waterbodies to protect fish and aquatic life uses and recreational uses:
For Castle Rock Lake, the total phosphorus criterion is 55 ug/L.
NR 102.06 Note
Note: Reservoirs, two-story fishery lakes and water bodies with high natural background phosphorus concentrations are the most appropriate water bodies for site-specific criteria.
NR 102.06 History
Cr. Register, July, 1975, No. 235
, eff. 8-1-75; am. Register, October, 1986, No. 370
, eff. 11-1-86; renum. from NR 102.04, Register, February, 1989, No. 398
, eff. 3-1-89; am. Register, November, 1992, No. 443
, eff. 12-1-92; CR 10-035
: r. and recr. Register November 2010 No. 659
, eff. 12-1-10; renumbering of (2) (fm) made under s. 13.92 (4) (b) 1., Stats., Register November 2010 No. 659
; CR 19-083
: am. (4) (intro.), renum. (7) to (7) (a), cr. (7) (b) Register May 2020 No. 773
, eff. 6-1-20; CR 10-093: am. (7) (a) Register September 2022 No. 801, eff. 10-1-22; CR 19-094: am. (1), (2) (intro.), renum. (2) (a), (f), (fm), (g), (i), (j) to NR 102.03 (1o), (4s), (6e), (6m), (6s), (7m) and, as renumbered, am. (6m), (6s), r. and recr. (3) (title), renum. (4) (c) to (3) (c) and am. Register September 2022 No. 801, eff. 10-1-22.
Assessing phosphorus concentration. NR 102.07(1)(a)(a)
Lakes and reservoirs.
The total phosphorus criteria specified in s. NR 102.06 (4)
apply to samples taken near a lake or reservoir's deepest point, within 2 meters of the surface. For assessment purposes samples shall, whenever possible, be taken at least once per month for 3 months during the sampling period of June 1 to September 15. The department shall calculate a lake or reservoir's arithmetic mean total phosphorus concentration using at least 2 years of data from the sampling period.
NR 102.07 Note
Note: Reservoirs, multi-lobed lakes, or very large lakes may need more than one sampling station to assess the lake.
The total phosphorus criteria specified in s. NR 102.06 (3)
apply to samples taken from the main channel near the area with greatest flow. For assessment purposes samples shall, whenever possible, be taken at least once per month for 6 months during the sampling period of May 1 to October 31. The department shall calculate the median total phosphorus concentration for a stream, river, or impounded flowing water using at least one year of data from the sampling period.
Assessment timeframe for lakes, reservoirs and flowing waters. NR 102.07(1)(c)1.1.
In this paragraph, “
weather-controlled total phosphorus concentration” means a waterbody's mean or median total phosphorus concentration during the applicable assessment period, estimated from measured data while controlling for weather variability using a method such as the department's Phosphorus Mixed Effects Regression calculation method.
All representative data from the most recent 5 years shall be used for assessments, but data from the most recent 10 years may be used if representative of current conditions. If fewer than the recommended number of samples in par. (a)
are available, the department may be able to make an assessment determination on a case-by-case basis. The department may calculate a site's weather-controlled total phosphorus concentration to correct for weather variability and use this value to make an assessment determination in place of the mean or median calculated under par. (a)
NR 102.07 Note
A mean total phosphorus concentration is used for lakes or reservoirs; a median concentration is used for streams, rivers, or impounded flowing waters. Total phosphorus data may be submitted and weather-controlled concentrations can be obtained by contacting the department at DNRSWIMS@wisconsin.gov
for access to the department's SWIMS database. The statistical computer programming script to run the Phosphorus Mixed Effects Regression calculation can be obtained through the department's Water Evaluation Section by contacting the department's call center at 1-888-WDNRINFo (1-888-936-7463) or using options provided on its website at https://dnr.wi.gov/contact/
NR 102.07 Note
The procedures in pars. (b) to (c) are also used for determining upstream concentrations of phosphorus under s. NR 217.13 (2) (d)
for purposes of calculating a water-quality based effluent limit for a Wisconsin pollutant discharge elimination system (WPDES) permit.
(2) Exceedance determination.
The department shall compare the mean or median calculated under sub. (1)
to the waterbody's applicable total phosphorus criterion specified in s. NR 102.06
to determine whether the waterbody is exceeding the criterion. To determine whether additional data are needed to make an attainment decision for section 303 (d) listing purposes, the department shall apply the confidence interval approach in s. NR 102.52 (2) (b)
. If application of those methods indicates that the waterbody is exceeding the phosphorus criterion, the department shall propose to include the waterbody on the section 303 (d) list as impaired for total phosphorus unless the department determines the waterbody is not exhibiting a biological response to phosphorus as specified in s. NR 102.60
NR 102.07 History
History: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22.
NR 102.10 Outstanding resource waters. NR 102.10(1)(1)
The following surface waters are designated as outstanding resource waters:
(a) National wild and scenic rivers.
All rivers designated under the national wild and scenic rivers act, as amended, 16 USC 1271
, except those portions flowing through Indian reservations, including:
St. Croix river between the northern boundary of the Hudson city limits and the St. Croix flowage dam in Douglas county except that the portion of the St. Croix river from the northern boundary of the St. Croix Falls city limits to a distance one mile below the STH 243 bridge at Osceola shall be classified exceptional resource waters under s. NR 102.11
Namekagon river between its confluence with the St. Croix river and the outlet of Lake Namekagon in Bayfield county.
(b) State wild and scenic rivers.
All state wild and scenic rivers designated under s. 30.26
, Stats., including:
Pine river and its headwater branches in Florence and Forest counties.
Popple River and its headwater branches in Florence and Forest counties.
The portion of the Brunsweiler River (Martin Hanson Wild River) from the point in Ashland County at which it leaves T44N R4W S22 QSW QQSW downstream to the point at which it crosses the boundary of the Chequamegon-Nicolet National Forest at T45N R4W S22 QNW.
Portions of the Totagatic River in Bayfield, Sawyer, Washburn, Douglas, and Burnett Counties as described in the following table:
SEG 1: From the outlet of Totogatic Lake located in Bayfield County to the upstream end of Nelson Lake at the southern edge of the walleye spawning refuge located in Sawyer County.
SEG 2: From a point 500 feet below the dam in the Totogatic Wildlife Area located in Washburn County to the upstream end of the Colton Flowage located in Washburn County.
SEG 3: From a point 500 feet below the dam that forms the Colton Flowage located in Washburn County to the point where the river crosses the Washburn-Douglas County line immediately above the upstream end of the Minong Flowage.
SEG 4: From the bridge on CTH “I" that crosses the river located in Washburn County to the confluence of the river with the Namekagon River located in Burnett County.
NR 102.10 Note
Section NR 302.02 (1)
contains a detailed description of the extent of the Pike, Pine, and Popple river systems designated as Wild Rivers.
Wolf river upstream of the northern Menominee county line.
Dane county — Black Earth creek above the easternmost CTY KP crossing
Douglas county — Bois Brule river and its tributaries including the waters of Lake Superior within a ¼
mile semi-circular arc centered at the middle of the river mouth
Florence county — Brule river including Montagne creek and Riley creek tributaries; tributaries to the Pine-Popple rivers including Chipmunk, Cody, Haley, Haymarsh, Lamon Tangue, Lepage, Lunds, Martin, Olson, Patten, Pine, Riley, Rock, Simpson, Seven Mile, Wakefield and Woods creeks; Little Popple river (T38N R19E S3)
Langlade county — Clearwater creek, Drew creek, Evergreen river, South Branch Oconto river
Lincoln county — Center fork New Wood creek, Little Pine creek, Prairie river
Marinette county — Cedarville creek, Otter creek, Holmes creek, East Thunder creek, North fork Thunder river, Eagle creek, Little Eagle creek, Plumadore creek, Meadow brook, Upper Middle Inlet creek, Middle Inlet creek, Wausaukee river, Little Wausaukee creek, Coldwater brook, Medicine brook, South Branch Miscauno creek, Miscauno creek, Swede John creek, South Branch Pemebonwon river, Spikehorn creek, Silver creek, Little Silver creek, Sullivan creek; tributaries to the Pike river including Little South Branch Pike river, Camp D creek, Camp F creek, Camp 9 creek, Cole creek, Glen creek, Harvey creek, North Branch Harvey creek, South Branch Harvey creek, Hemlock creek, Holloway creek, K.C. creek, Little Harvey creek, Lost creek, MacIntire creek, Phillips creek, Sackerson creek, Shinns branch, Sidney creek, Smeesters creek, Springdale brook, Whiskey creek
Oconto county — First South Branch Oconto river, Second South Branch Oconto river, South Branch Oconto river, Hills Pond creek
Portage county — Emmons creek, Radley creek, Sannes creek, Tomorrow river, Nace (Trout) creek
Vernon county — Rullands Coulee creek, Spring Coulee creek, Timber Coulee creek
Waupaca county — Emmons creek, Griffin creek, Jackson creek, Leers creek, Peterson creek, Radley creek, Sannes creek, Spaulding creek, Trout creek, Whitcomb creek, Little Wolf river (North Branch Little Wolf river)
Waushara county — Chaffee creek, Willow creek north of Redgranite, Mecan river north of Richford, Little Pine creek, West Branch White river
Surface waters, or portions thereof, may be added to, or deleted from, the outstanding resource waters designation through the rule making process under the provisions of ch. 227
, Stats., and s. NR 2.03