NR 310.03(1) (1) “Days" under this chapter means calendar days unless otherwise specified.
NR 310.03 Note Note: See s. 990.001 (4), Stats., for statutory standards on computing time.
NR 310.03(2) (2) “Department" means the department of natural resources.
NR 310.03(3) (3) “General permit" means a permit issued by the department that categorically authorizes certain activities regulated under ss. 30.206 and 30.12 (3) (a) and (d), 30.123 (7), 30.19 (3r) and 30.20 (1t), Stats.
NR 310.03(4) (4) “Individual permit" means a permit issued by the department for a single project under specific applicable provisions of ch. 30, Stats., excluding s. 30.206, Stats. For purposes of this chapter, “individual permit" includes a contract issued under s. 30.20, Stats.
NR 310.03(5) (5) “Navigable waterway" means any body of water with a defined bed and bank that is navigable under Wisconsin law. In Wisconsin a body of water is navigable if it is capable of floating on a regularly recurring basis the lightest boat or skiff used for recreation or any other purpose.
NR 310.03 Note 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).
NR 310.03(6) (6) “Riparian" means an owner of land abutting a navigable waterway.
NR 310.03 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
subch. II of ch. NR 310 Subchapter II — Exemptions
NR 310.04 NR 310.04 Eligibility for exemptions.
NR 310.04(1) (1) To be exempt under s. 30.12 (1g), 30.123 (6) (d), or 30.20 (1g), Stats., from the requirement to obtain a general or individual permit under ch. 30, Stats., an activity shall meet all standards for installation, construction and location in the statute authorizing the exemption and the rules promulgated under s. 30.12 (1p), 30.123 (6s) or 30.20 (1k), Stats.
NR 310.04 Note Note: Some locations are not eligible for exemptions or general permits. See ss. NR 1.05 and 1.06.
NR 310.04 Note Note: The rules specifying standards for exempted activities are chs. NR 1, 320, 323, 326, 328, 329 and 345.
NR 310.04(2) (2) For those activities which are not allowed in locations where there are public rights features as described in s. NR 1.06, a person may only undertake an exempt activity after they have evaluated the site and determined that the structure or activity is not in the location of a public rights feature as described in s. NR 1.06 (4).
NR 310.04(3) (3) Pursuant to ss. 30.12 (2m), 30.123 (6m) and 30.20 (1m), Stats., the department may require a person engaged in or proposing an activity for which an exemption is available to obtain a general or individual permit.
NR 310.04 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
NR 310.05 NR 310.05 Exemption determination requests.
NR 310.05(1)(1) Any person may request a determination from the department under s. 30.12 (2r), 30.123 (6r) or 30.20 (1r), Stats., as to whether an activity or location is exempt under s. 30.12 (1g), 30.123 (6) (d), or 30.20 (1g), Stats.
NR 310.05(2) (2) A person who seeks a department determination as to whether an activity or location is eligible for an exemption under sub. (1) shall submit a written request to the department. The request shall be submitted on a form provided by the department, by delivery methods specified by the department, and shall provide all the information requested on the form.
NR 310.05(3) (3) If the person who requests the determination is the person proposing the activity, the request shall be submitted not less than 20 days before commencing the activity to allow time for mailing between the applicant and department.
NR 310.05 Note Note: Federal or local permits may be required. Applicants are responsible for obtaining all necessary federal or local permits or approvals for their activity.
NR 310.05 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
NR 310.06 NR 310.06 Department procedures for processing exemption determination requests.
NR 310.06(1) (1) The department shall develop and maintain a form for requesting an exemption determination under s. NR 310.05, and provide a copy of the form to any person on request.
NR 310.06 Note Note: Form 3500-107, “Chapter 30 Exemption Determination Request" is available at department service centers and on the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 310.06(2) (2) Upon receipt of an exemption determination request under s. NR 310.05, the department shall determine whether an activity or location qualifies for an exemption under s. 30.12 (1g), 30.123 (6) (d), or 30.20 (1g), Stats., and the rules promulgated under the applicable statute.
NR 310.06(3) (3) The date of receipt of an exemption determination request shall be the date the form is received at the department office specified on the form.
NR 310.06(4) (4) If the exemption determination request does not meet all the requirements of s. NR 310.05 (2), the department shall notify the requester that the activity is not exempt and shall describe the information that a new exemption determination request must include in order for the information to be complete.
NR 310.06(5) (5) Where an exemption determination request is filed for an activity for which an exemption is not available under s. 30.12 (1g), 30.123 (6) (d) or 30.20 (1g), Stats., the department shall notify the requester within 15 days of receipt that an exemption is not available for the activity, and of any provisions of ch. 30, Stats., that apply to the activity.
NR 310.06 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (2), (5) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
NR 310.07 NR 310.07 Exemption determinations.
NR 310.07(1) (1) The department shall determine whether an activity is exempt under s. 30.12 (1g), 30.123 (6) (d), or 30.20 (1g), Stats., based on whether it complies with this chapter, all standards in the statute that create the specific exemption and all standards in any rules promulgated under that statute.
NR 310.07(2) (2) The department may inspect activity sites as necessary to determine whether the activity qualifies for an exemption, or whether a general or individual permit is required.
NR 310.07(3) (3) In determining whether an activity is eligible for an exemption, the department may rely on information and data gathered by the department in a prior inspection of the activity site or the waterbody adjacent to the activity site. The department is not required to make a new site inspection in response to receipt of an exemption determination request form.
NR 310.07(4) (4) When a person who owns the property where an activity is or will be located files an exemption determination request, the department shall determine if the activity is exempt under sub. (1), notify the requester in writing within 15 days if it determines that an activity is not exempt, and inform the requester that a general or individual permit is required for the activity. The department also may notify a requester if it determines that an activity is exempt.
NR 310.07(5) (5) When a person who does not own the property where an activity is or will be located files an exemption determination request, the department shall determine if the activity is exempt under sub. (1) and notify the requester in writing of its determination. If the activity is not exempt, the department shall inform the requester that a general or individual permit is required for the activity. If the department seeks permission from the landowner to access the property, the department shall notify the landowner of both the exemption determination request and its exemption determination. If the department is not able to obtain permission to access the property to inspect the site, and therefore unable to make a determination as to whether the activity is exempt, the department shall inform the requester of this fact. The department also may notify a requester if it determines that an activity is exempt.
NR 310.07(6) (6) The department has provided notice of its exemption determination on the date the department mails the written determination to the person who requested the determination.
NR 310.07 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.
NR 310.08 NR 310.08 Permits in lieu of exemptions. In making a determination under s. 30.12 (2m), 30.123 (6m) or 30.20 (1m), Stats., that a general permit or individual permit is required in lieu of an exemption, the department may rely on information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site. The department is not required to make a new site inspection in response to receipt of an exemption determination request form.
NR 310.08 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
subch. III of ch. NR 310 Subchapter III — General Permits
NR 310.09 NR 310.09 Eligibility for general permits.
NR 310.09(1) (1) To be eligible for authorization under a general permit pursuant to ss. 30.206 and 30.12 (3) (a) or (d), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats., an activity shall meet all standards for the general permit in the statute that authorized issuance of the general permit, the rules in this subchapter and the rules promulgated under the statute that authorized issuance of the general permit and s. 30.206, Stats.
NR 310.09 Note Note: The rules specifying standards for regulated activities for which general permits are available are chs. NR 320, 323, 326, 328, 329, 341, 343 and 345.
NR 310.09(2) (2) Pursuant to ss. 30.12 (2m), 30.123 (6m), 30.20 (1m) and 30.206 (3r), Stats., the department may require a person engaged in or proposing an activity for which general permit authorization is available to obtain an individual permit.
NR 310.09 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
NR 310.10 NR 310.10 General permit applications.
NR 310.10(1) (1) Any person may apply for a general permit from the department under s. 30.206, Stats., and, as applicable, either s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats.
NR 310.10(2) (2) A person who seeks a general permit from the department under sub. (1) shall submit an application on a form provided by the department and shall provide all the information requested on the form and accompanying instructions.
NR 310.10 Note Note: General permit application forms are available at department service centers and on the department's website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 310.10(3) (3) A person filing an application under subs. (1) and (2) shall submit the application to the department not less than 35 days before commencing the activity to allow time for mailing between the applicant and department.
NR 310.10 Note Note: Federal permits may also be required. Applications for general permits are joint applications for both state and federal permits. The applicant shall mail a duplicate copy of the completed general permit application form to the St. Paul district, U.S. army corps of engineers to seek federal authorization. Applicants are responsible for obtaining all necessary federal permits or approvals for their activity.
NR 310.10 Note Note: Local land use or building permits may also be required. Applicants are responsible for obtaining all necessary local permits or approvals for their activity.
NR 310.10 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.11 NR 310.11 Department procedures for processing general permits.
NR 310.11(1)(1) The department shall develop and maintain application forms for requesting authorization under a general permit under s. NR 310.10 and shall provide a copy of a form to any person upon request.
NR 310.11(2) (2) Upon receipt of a general permit application under s. NR 310.10 (2), the department shall determine whether the activity qualifies for a general permit under s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats.
NR 310.11(3) (3) The date of receipt of a general permit application shall be the date an application which meets the requirements of s. NR 310.10 (2) is received at the department office specified on the form or accompanying instructions.
NR 310.11(4) (4) If the general permit application does not meet all the requirements of s. NR 310.10 (2), it may be deemed incomplete. Within 30 days of receipt, the department shall notify the applicant in writing that the application is incomplete and shall describe the information that shall be submitted in order for the application to be complete.
NR 310.11(5) (5) The department may investigate or visit a site to determine whether an activity meets the standards for a general permit or requires an individual permit under s. 30.206 (3r), Stats.
NR 310.11(6) (6) Where a general permit application is filed for an activity for which a general permit is not available under s. 30.12 (3), 30.123 (7), 30.19 (3r) or 30.20 (1t), Stats., the department shall notify the requester that a general permit is not available for the activity, and of any provisions of ch. 30, Stats., that apply to the activity.
NR 310.11(7) (7) The department may dismiss a general permit application if the information needed to complete the application is not received within 30 days after the department notifies an applicant that its application is incomplete.
NR 310.11(8) (8) If the department determines that an activity is not eligible for a general permit, the department shall notify the applicant in writing that the applicant may revise the project so that the activity is eligible for a general permit, withdraw the application or apply for an individual permit. In its notification, the department shall state why the project is ineligible for a general permit. The statement shall, where applicable, describe public rights features at the site or conditions specific to the site that require restrictions different than the general permit conditions in order to prevent significant adverse impacts to public rights and interests, environmental pollution as defined in s. 299.01 (4), Stats., or material injury to the riparian rights of any riparian owner.
NR 310.11(9) (9) If the department determines that an activity is eligible for a general permit, the department shall notify the applicant in writing.
NR 310.11(10) (10) The department has provided notice of its determination under sub. (5), (7), (8) or (9) on the date the department mails the written determination to the applicant.
NR 310.11 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.12 NR 310.12 General permit decisions.
NR 310.12(1) (1) All activities proceeding under a general permit issued under s. 30.206, Stats., shall be subject to any requirements in ss. 30.12 (3), 30.123 (7), 30.19 (3r), 30.20 (1t) and 30.206, Stats., rules promulgated under those statutes, and all of the following conditions:
NR 310.12(1)(a) (a) The permit does not authorize any work other than what is specifically described in the application and plans, and as limited by the conditions of the permit. A permittee shall obtain prior written approval of modifications from the department before modifying a project or amending permit conditions.
NR 310.12(1)(b) (b) The permittee shall notify the department before starting construction and again not more than 5 days after the project is complete.
NR 310.12(1)(c) (c) The permittee shall post a copy of this permit at a conspicuous location on the project site visible from the waterway, beginning at least 5 days prior to construction and remaining at least 5 days after construction. The permittee shall also have a copy of the permit and approved plan available at the project site at all times until the project is complete.
NR 310.12(1)(d) (d) Upon reasonable notice, the permittee shall allow access to the project site during reasonable hours to any department employee who is investigating the project's construction, operation, maintenance or permit compliance.
NR 310.12(1)(e) (e) The permittee shall complete the project on or before the expiration date established in the permit. If the project is not completed by the expiration date, the permittee shall submit to the department a written request for an extension prior to the expiration date of the permit. The request shall identify the requested extension date and the reason for the extension. The department may grant a permit extension for good cause shown. The permittee may not begin or continue construction after the original permit expiration date unless the department grants a new permit or permit extension in writing.
NR 310.12(1)(f) (f) The permittee shall submit a series of photographs to the department within one week of completion of work on the site. The photographs shall be taken from different vantage points and depict all work authorized by the permit.
NR 310.12(1)(g) (g) The permittee shall maintain the project in good condition and in compliance with the terms and conditions of the permit, this chapter and s. 30.206, Stats.
NR 310.12(1)(h) (h) The department may modify or revoke the permit if the project is not completed according to the terms of the permit or if the department subsequently determines the activity is detrimental to the public interest.
NR 310.12(1)(i) (i) Acceptance of a general permit and efforts to begin work on the activity authorized by the general permit signifies that the permittee has read, understood and agreed to follow all conditions of the general permit.
NR 310.12(2) (2) The department shall retain continuing jurisdiction over any project permitted under this chapter and s. 30.206, Stats.
NR 310.12 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
subch. IV of ch. NR 310 Subchapter IV — Individual Permits, Notices, Hearings And Administrative Review
NR 310.13 NR 310.13 Eligibility for individual permits.
NR 310.13(1) (1) To be eligible under subchs. I and II of ch. 30, Stats., for authorization under an individual permit, an activity shall meet all standards for the individual permit in the statute that authorized issuance of the individual permit, the rules in this chapter and the rules promulgated under the statute that authorized issuance of the individual permit.
NR 310.13 Note Note: The rules specifying standards for regulated activities for which individual permits are available are the NR 300 series of Wisconsin administrative code.
NR 310.13 History History: CR 04-065: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 310.14 NR 310.14 Individual permit applications.
NR 310.14(1) (1) General provisions.
NR 310.14(1)(a)(a) Any person may apply for an individual permit from the department under subch. II of ch. 30, Stats.
NR 310.14(1)(b) (b) A person who seeks an individual permit from the department under this section shall submit an application on a form provided by the department and shall provide all the information requested on the form and accompanying instructions.
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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.