Chapter NR 320
WATERWAYS STRUCTURES AND CROSSINGS
NR 320.035 Statute definitions. NR 320.05 Statewide general permit development. NR 320.06 Individual permits. NR 320.07 Municipal breakwater permits. NR 320.08 Navigability standards for bridges and culverts. NR 320.09 Riparian rights determinations. NR 320.10 Culvert sizing. NR 320.11 Site assessment methods for erosion control structures on inland lakes and flowages. NR 320.12 Site Assessment methods for erosion control structures on streams.
Ch. NR 320 NoteNote: Chapter NR 320 was revised by emergency rule effective April 19, 2004; Chapter NR 320 was repealed and recreated by emergency rule effective August 24, 2004; Chapter NR 320 as it existed on April 30, 2005, was repealed and a new chapter NR 320 was created Register April 2005 No. 592, effective May 1, 2005. Chapter NR 320 as it existed on March 30, 2026, was repealed and a new Chapter NR 320 was created effective April 1, 2026. NR 320.01NR 320.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits, and individual permits for all of the following activities in order to protect the public rights and interests in the navigable, public waters of the state as defined in s. 30.10, Stats., in furtherance of the State’s duties under Wisconsin’s Public Trust Doctrine: NR 320.01(1)(1) Placement of bridges and culverts in or over navigable waterways as regulated under s. 30.123, Stats. NR 320.01(3)(3) Construction of piers, boat shelters, swimming rafts, and similar structures on the beds of navigable waterways as aids to navigation as regulated under ss. 30.12 and 30.13, Stats. NR 320.01(4)(4) Placement of shore erosion control structures in inland lakes and impoundments and Great Lakes as regulated under s. 30.12, Stats. NR 320.01 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26; correction in (2), (5) made under s. 35.17, Stats., Register January 2026 No. 841. NR 320.02(1)(1) Bridges and culverts placement. This chapter applies to construction, placement, and maintenance of bridges and culverts in or over navigable waterways as regulated under s. 30.123, Stats. Any person that intends to construct, place, or maintain a bridge or culvert in or over any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 320.02 NoteNote: A permit that is granted under this chapter does not constitute review or authorization of floodplain effects. Where bridge or culvert activities occur in a mapped floodplain, permits will be required from the local municipality. The permittee may incur responsibility and liability for any direct or indirect damage caused or resulting from the presence of the bridge or culvert.
NR 320.02(2)(2) Fish and wildlife habitat structures placement. This chapter applies to construction, placement, and maintenance of fish and wildlife habitat structures regulated under ss. 30.12 (1), (1g) (a), (c), and (d), (2m), and (3m) and 30.20 (1g) (b) 1. and 2., Stats. Any person that intends to construct, place, or maintain a fish or wildlife habitat structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 320.02(3)(3) Piers, boat shelters, and swimming rafts placement. This chapter applies to all piers, boat shelters and swimming rafts constructed or maintained by riparians on the beds of navigable waterways for the purpose of providing improved navigation access to those waterways under ss. 30.12, 30.13, 30.20 (1g) (b) 1., and 227.11, Stats. NR 320.02(4)(4) Shore erosion control structures placement. Except as provided in s. 30.2023, Stats., this chapter applies to construction, placement, and maintenance of shore erosion control structures regulated under ss. 30.12 (1), (1g) (a), (i), (j), (jm), and (k), (2m), (3) (a) 3c., 3g., 3r., 13., and (3m) and 30.20 (1g) (b) 1., Stats. Any person that intends to construct, place, or maintain a shore erosion control structure in any inland lake or impoundment, any Great Lake or outlying water, or any river or stream shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 320.02(5)(5) Miscellaneous structures placement. This chapter applies to construction, placement, and maintenance of boat landings, dry fire hydrants, fords, intake and outfall structures, pilings, pea gravel blankets, and weed rakes regulated under ss. 30.12 (1g) (a), (g), (h), and (km), (3) (a) 1., 4., and 5. and (d), and (3m), and 30.20 (1g) (b) 1., Stats., and to all other structures constructed, placed, or maintained in navigable waterways. Any person who intends to construct, place, or maintain a structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 320.02 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26; correction in (2) to (4) made under s. 35.17, Stats., Register January 2026 No. 841. NR 320.03NR 320.03 Definitions. In this chapter: NR 320.03 NoteNote: Information and lists can be obtained by contacting the department or found on the department’s website at https://dnr.wisconsin.gov, keyword “Waterway and Wetland Permits”. NR 320.03(2)(2) “Backwater” means the increase in the water surface elevation that results from a bridge and any associated road fills under average water flow conditions. NR 320.03(3)(3) “Bank” means a soil slope rising less than 10 feet above the bed of a waterway as measured from the bank toe. NR 320.03(4)(4) “Bank cover” means a man-made structure composed of biological or inert materials designed to provide overhanging cover habitat for fish in streams. NR 320.03(5)(5) “Bank toe” means the break in slope at the foot of a bank where it meets the bed. NR 320.03(6)(6) “Bankfull height” or “maximum bankfull height” means the elevation at which water, when it has filled the principal channel of a stream, is just beginning to flow over the adjacent bank and onto the floodplain. NR 320.03(7)(7) “Bankfull width” means the distance between the bankfull height on either side of a stream. NR 320.03(8)(8) “Biological materials” means living or organic materials that are biodegradable such as native grasses, sedges, forbs, shrubs, and trees; live stakes and posts; non-treated wood; jute netting; fiber rolls and mats; logs; and branches. NR 320.03(9)(9) “Biological shore erosion control structure” means a shore erosion control structure that relies solely on biological materials. NR 320.03(10)(10) “Bluff” means the edge and face of land closest to a body of water, generally higher than 10 feet as measured from the bank toe, and high enough to contain multiple layers of soil or groundwater seepage. NR 320.03(11)(11) “Boat landing” means a structure installed on the bed and bank of a navigable waterway for the purpose of launching and landing a watercraft. NR 320.03(13)(13) “Boulder placement” means one or a cluster of large rocks, each greater than 10 inches in diameter, placed in a stream to improve habitat. NR 320.03(15)(15) “Channel” means the area between the defined bed and banks of a stream. NR 320.03(16)(16) “Clearance” means the vertical distance between the inside top of a culvert or the bottom of the lowest member of the bridge span and the ordinary high water mark of the waterway. NR 320.03(17)(17) “Clear span bridge” means a continuous span of which no portion of the bridge piling or other supporting structure may be located within the channel except for abutment protection. NR 320.03(18)(a)(a) “Commercial marina” means a facility, publicly or privately owned, that provides moorings for watercraft including allocations for public or private use. NR 320.03(18)(b)(b) “Commercial marina” includes a facility that does any of the following:
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