NR 320.04(12)(12) Riprap placement, replacement, and repair standards. In addition to the standards under sub. (3), riprap placement, replacement, and repair shall meet all of the following requirements: NR 320.04(12)(a)(a) The riprap may not be in an amount exceeding 200 linear feet if placed in a stream or inland lake, or in an amount exceeding 300 linear feet if placed in a Great Lakes water body. NR 320.04(12)(b)(b) The site where riprap is proposed along the shoreline of an inland lake or impoundment is a moderate energy or high energy site as determined by a storm-wave height under s. NR 320.11 (1) of 1.0 or greater or an Erosion Intensity (EI) score under s. NR 320.11 (2) of 48 or greater. NR 320.04(12)(c)(c) The site where riprap is proposed along the shoreline of a stream has a Bank Erosion Potential Index (BEPI) score of 20 or greater, or the bank edge recession or lateral migration rate equals or exceeds 0.5 feet per year as calculated using methods in s. NR 320.12. NR 320.04(12)(d)(d) The riprap is clean fieldstone or quarry stone with a diameter of no less than 6 inches and no greater than 48 inches. NR 320.04 NoteNote: This includes riprap that is sized according to the USDA, NRCS Wisconsin Supplement to the Engineering Field Handbook Chapter 16 − Streambank and Shoreline Protection using D50 sizing methods. For example, a 6-inch D50 gradation would be acceptable. NR 320.04(12)(e)(e) In order to minimize the incursion into the waterway, the toe of the riprap may not extend more than 8 feet waterward of the ordinary high water mark. NR 320.04(12)(f)(f) In order to minimize the possibility of being a barrier to fauna movement in the near-shore riparian corridor and to maximize the dissipation of wave energy, the final riprap slope may not be steeper than 1 foot horizontal to 1.25 feet vertical (1’H:1.25’V). NR 320.04 NoteNote: A slope of 2 feet horizontal to 1 foot vertical (2’H:1’V) is effective in achieving this performance outcome.
NR 320.04(12)(g)(g) The riprap does not reach an elevation higher than 36 inches above the ordinary high-water mark or above the storm-wave height as calculated under s. NR 320.11 (1), whichever is greater. NR 320.04 NoteNote: The site assessment methods specified in s. NR 320.11 were part of Subchapter I of NR 328 applicable to inland erosion control structures, and remain applicable specifically to inland lakes and flowages, and not the Great Lakes or Outlying Waters. NR 320.04(12)(i)(i) Filter fabric, clean-washed gravel, or coarse-grained filter bedding is used as a filter layer under the riprap. NR 320.04(12)(k)(k) Except as provided in pars. (d), (e), and (i), no material, soil, or fill may be placed in a wetland or below the ordinary high-water mark of any navigable waterway. NR 320.04(12)(L)(L) Any bank disturbed during the placement of riprap shall be re-vegetated above storm-wave height by using native plantings, which may include native non-woody plants, native shrub plantings, native live stakes or native jointed plantings. The addition of soil and mulch in this location may be necessary to ensure the establishment and longevity of plantings. This subsection does not apply in locations intended to serve as shoreline access points in compliance with ch. NR 115 or other applicable regulations, or where no such ordinances apply up to 10 feet in total length along each riparian parcel. NR 320.04 NoteNote: For the purpose of this standard, the “bank” is identified as the bank depicted in the Erosion Intensity Worksheet under s. NR 320.11 (2), and the Bank Erosion Potential Index Worksheet under s. NR 320.12. NR 320.04(13)(13) Dry fire hydrant standards. In addition to the standards under sub. (3), dry fire hydrants shall meet all of the following requirements: NR 320.04(13)(a)(a) The dry fire hydrant may be placed and maintained only by a riparian, or by a municipality with the permission of the riparian. NR 320.04(13)(b)(b) The dry fire hydrant may not be placed in a wetland or in a manner that adversely impedes surface or subsurface flow into or out of any wetland. NR 320.04(13)(c)(c) The dry fire hydrant shall have a perforated inlet screen with a cap on the inlet end. NR 320.04(13)(d)(d) The dry fire hydrant shall be installed with the riser landward of the ordinary high water mark except when installed on a bridge or culvert. NR 320.04(13)(e)(e) The dry fire hydrant located in a lake, pond, or flowage shall be installed so that the inlet pipe is at least 3 feet below the surface water level during normal low water level conditions. The dry fire hydrant in a stream shall be installed so that the inlet pipe is at least one foot below the surface water level during normal low water flow conditions. NR 320.04(13)(f)(f) Unless otherwise authorized through applicable floodplain zoning or wetland regulations, the dry fire hydrant may not result in the permanent or temporary deposition of fill in any floodway or wetland. NR 320.04 NoteNote: Installation of a dry fire hydrant does not authorize the placement of any fill material to access the hydrant.
NR 320.04(13)(g)(g) The dry fire hydrant may not result in a filling of the waterway that results in the waterward extension of the upland. NR 320.04(14)(14) Pilings standards. In addition to the standards under sub. (3), pilings shall meet all of the following requirements: NR 320.04(14)(b)(b) A piling may be placed only for the purpose of deflecting ice to protect an existing or proposed structure or to moor a watercraft on Lake Michigan, Lake Superior, or the Mississippi River. NR 320.04(14)(c)(c) A piling shall have a minimum side setback of 10 feet from the riparian zone boundary as determined with one of the methods in s. NR 320.09. NR 320.04(14)(d)(d) A piling may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland. NR 320.04(14)(e)(e) A piling may not result in the permanent or temporary deposition of fill in any floodway or wetland. NR 320.04(14)(f)(f) A piling may consist of a group of not more than 5 individual piles placed adjacent to each other and firmly bound together. NR 320.04(15)(15) Intake or outfall structures standards. In addition to the standards under sub. (3), intake or outfall structures shall meet the following requirements: NR 320.04(15)(a)(a) The intake or outfall structure may be placed and maintained only by a riparian, or by another person or entity with the permission of the riparian. NR 320.04(15)(b)(b) The intake or outfall structure, including any wingwalls and rock riprap toe protection, shall be less than 6 feet from the water side of the ordinary high water mark and less than 25 percent of the width of the channel in which it is placed. NR 320.04(15)(c)(c) The intake or outfall structure may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland. NR 320.04(15)(d)(d) The intake or outfall structure may not result in the permanent or temporary deposition of fill in any floodway or wetland. NR 320.04(15)(e)(e) The intake or outfall structure may not result in placement of fill in the navigable waterway that causes the waterward extension of the upland. NR 320.04(15)(f)(f) The outfall structure may not exceed 24 inches in diameter, and in streams, may not result in a discharge of more than 50 percent of the stream’s base flow (80 percent exceedance flow) at any given time. NR 320.04(15)(g)(g) The intake structure may not exceed 12 inches in diameter and the invert of the culvert shall be located above the public rights stage elevation as determined by the department under s. 31.02, Stats. NR 320.04(15)(h)(h) The intake or outfall structure may include rock riprap toe protection in an amount not to exceed 2 cubic yards. NR 320.04(16)(16) Swimming raft standards. In addition to the standards under sub. (3), swimming rafts shall meet all of the following requirements: NR 320.04(16)(a)(a) The swimming raft may be placed in an area of special natural resource interest, as described in s. 30.01 (1am), Stats., or in a public rights feature under s. NR 1.06, if placed in accordance with s. 30.13 (1), Stats. NR 320.04(16)(b)(b) The swimming raft is placed within 200 feet of shore and directly adjacent to the riparian’s property. NR 320.04(16)(d)(d) The swimming raft does not exceed 200 square feet in surface area or 38 inches in height. NR 320.04(16)(d)1.1. The height limitation does not apply to protective covers, diving boards, ladders and slides. NR 320.04(16)(d)2.2. The square footage of a swimming raft shall include diving boards, ramps, slides and similar accessories. NR 320.04(17)(17) Voluntary review request. To ensure a proposed structure or crossing is eligible for an exemption in this section, a person may submit an exemption determination request that includes the information under s. NR 300.04 (4) and follows the applicable procedures under s. NR 300.04 (4) to (6). NR 320.04(18)(18) Permit required. Structures or crossings that do not meet the applicable standards under sub. (3) and either sub. (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), or (15) or are otherwise determined ineligible for an exemption by the department, shall require a general permit or individual permit. NR 320.04 NoteNote: The department has the authority under s. 30.12 (2m), Stats., and s. NR 300.04 (7), to require a permit in lieu of an exemption. NR 320.04 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26; correction in (6) (d) 1., (i) 1., (8) (f), (9) (o), (16) (c) made under s. 13.92 (4) (b) 7., Stats., and correction in (3) (c), (g) 1. a. to e., (6) (d) 1., (i) 1., 8., (8) (a), (f), (9) (d), (o), (11) (d), (13) (c), (15) (e), (16) (c), (18) made under s. 35.17, Stats., Register January 2026 No. 841 NR 320.05NR 320.05 Statewide general permit development. NR 320.05(1)(1) Procedures. The department shall develop general permits in accordance with procedures under ss. 30.206 and 30.2065, Stats., and process general permit applications in accordance with the procedures in ch. NR 300. NR 320.05(3)(3) Standards. To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), Stats., or result in material injury to the rights of any riparian, the department may impose any of the following conditions on the permit under s. 30.206 (1) (a), Stats.: NR 320.05(3)(a)(a) Construction and design requirements that are consistent with the purpose of the activity authorized under the permit, including any of the following: NR 320.05(3)(a)1.1. Project scope or size limitations to minimize impacts to the public rights. NR 320.05(3)(a)2.2. Site access, construction sequencing, and erosion control practices to prevent direct and indirect impacts to the public rights during construction activities. NR 320.05(3)(a)3.3. Bank vegetation clearing and in-water impact minimization requirements. NR 320.05(3)(a)4.4. Timing restrictions to protect fish spawning and rearing or other sensitive resources, including state threatened, endangered, or special concern species. NR 320.05(3)(a)6.6. Project measures and practices that are designed to minimize impacts to threatened, endangered, or special concern species, or other sensitive habitat features. NR 320.05(3)(b)(b) Location requirements to ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparians, including any of the following: NR 320.05(3)(b)1.1. Limitations of project location to the designated riparian zone of the applicant. NR 320.05(3)(b)2.2. Limitations of project proximity to navigational channels, boat landings, designated swimming areas, or other restricted areas. NR 320.05(4)(a)(a) A structure or crossing that was placed in conformity with exemption standards prior to April 1, 2026, shall continue to be exempt, provided the structure or crossing is maintained in compliance with all the standards in place at the time of installation and is not detrimental to public rights. NR 320.05(4)(b)(b) A structure or crossing regulated under this chapter that is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit and does not infringe on public rights. NR 320.05 NoteNote: Any modifications to a permitted structure or crossing that do not comply with the original permit conditions shall be evaluated by the department and the department may consider it exempt or require a new permit to proceed with the proposed modifications.
NR 320.05(5)(5) Individual permit required. Activities that do not meet the standards for exemptions in s. NR 320.04 or the standards in statewide general permits issued by the department under s. 30.206 or 30.2065, Stats., or this section, shall require an individual permit. NR 320.05 NoteNote: The department has authority under s. 30.206 (3r), Stats., to require an individual permit in lieu of a general permit. NR 320.05 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26; correction in (3) (a) 4., (b) (intro.) made under s. 35.17, Stats., and correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register January 2026 No. 841. NR 320.06(1)(1) Procedures. The department shall process individual permit applications according to the procedures in ch. NR 300. NR 320.06(2)(2) Applicable activities. A structure or crossing that is not exempt under s. 30.12, 30.123, or 30.13, Stats., and is not authorized by a statewide general permit under s. 30.206 or 30.2065, Stats., requires authorization by an individual permit. NR 320.06(3)(b)(b) A structure or crossing shall not totally enclose any portion of a navigable waterway. NR 320.06(3)(c)(c) A structure or crossing shall not interfere with or cause material injury to the rights of other riparians, as determined by methods outlined in s. NR 320.09. NR 320.06(3)(d)(d) A structure or crossing, other than a solid pier, shall not interrupt the free movement of water or trap or accumulate aquatic plants. NR 320.06(3)(e)(e) A structure or crossing shall not cause the formation of land by deposition of littoral drift upon the bed of the water. NR 320.06(4)(a)(a) New riprap on lakes and flowages. The department may authorize construction of new riprap at low energy sites on inland lakes and flowages by an individual permit provided any of the following applies: NR 320.06(4)(a)3.3. The applicant can demonstrate that riprap is necessary to correct erosion on the site due to site specific circumstances. NR 320.06 NoteNote: Justification to demonstrate the need to place riprap may include factual data including previous erosion control efforts, navigational motorized boat traffic patterns, a history of ice damage to the shoreline, or other factors.
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Chs. NR 300-399; Environmental Protection – Water Regulation
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