Chapter NR 320

NR 320.04 Note Note: To determine if a waterway is a trout stream, you may use the department trout stream maps at https://dnr.wisconsin.gov, keyword “trout stream maps.”

NR 320.04(3)(g)1.b. b. September 15 through June 15 on all Great Lakes tributaries upstream to the first dam or barrier.

NR 320.04(3)(g)1.c. c. November 1 through June 15 for Lake Michigan waters surrounding Door County, including Green Bay and all harbors and bays.

NR 320.04(3)(g)1.d. d. September 15 through July 1 for Lake Superior waters surrounding Douglas County, including St. Louis River and all harbors and bays.

NR 320.04(3)(g)1.e. e. March 1 through June 15 for all other waters.

NR 320.04(3)(g)2. 2. A person may request a waiver for the fish timing restrictions in subd. 1. through the voluntary exemption determination request process under s. NR 300.04 (4).

NR 320.04 Note Note: For a voluntary exemption determination request under s. NR 300.04 (4), the potentially exempt project proponent submits basic project information in writing to the department and the department makes a determination within 15 days. See https://dnr.wisconsin.gov, keyword “waterway permitting process” for specific details.

NR 320.04(3)(h) (h) Any grading, excavation, and land disturbance shall be confined to the minimum area necessary for construction.

NR 320.04(3)(i) (i) All project equipment shall be decontaminated for removal of invasive species prior to and after each use on the project site by following the most recent department approved washing and disinfection protocols to comply with ch. NR 40.

NR 320.04 Note Note: Current protocols can be found on the department website at https://dnr.wisconsin.gov, keyword “invasives disinfection.”

NR 320.04(4) (4) Seasonally placed and temporary structures standards. In addition to the standards under sub. (3), seasonally placed structures, including recreational structures, scientific monitoring and sampling devices, and temporary in-water containment practices shall meet all of the following requirements:

NR 320.04(4)(a) (a) Structures shall be placed only on a seasonal or temporary basis and shall be removed when the intended use has ended.

NR 320.04(4)(b) (b) Structures shall be placed between the shoreline and the line of navigation unless authorized by the department through submittal of an exemption determination request under s. NR 300.04 (4).

NR 320.04(4)(c) (c) Structures shall be placed in a manner that does not cause suspension of bottom sediments.

NR 320.04(4)(d) (d) Recreational structures may not exceed a total surface area of 25 square feet.

NR 320.04(4)(e) (e) Structures are not benthic barriers or similar structures intended to shade plants.

NR 320.04(5) (5) Placement of temporary stream crossings on navigable streams standards. In addition to the standards under sub. (3), temporary stream crossings on navigable streams shall meet all of the following requirements:

NR 320.04(5)(a) (a) The temporary stream crossing shall be used to provide temporary access to an area for the primary purpose of engaging in normal forest management activities, including those activities that are undertaken on forest land to establish, maintain or enhance a forest. These activities include planting trees, thinning and trimming trees, and harvesting timber and other forest products. These activities do not include cutting firewood exclusively for personal use.

NR 320.04(5)(b) (b) The temporary in-stream crossing may only span a navigable stream that is less than 10 feet wide, measured from ordinary high water mark to ordinary high water mark. Temporary clear span bridges are not subject to this width limitation.

NR 320.04(5)(c) (c) Provided no in-water work is proposed as part of the project, temporary clear span bridges may be placed and removed during the time periods identified in sub. (3) (g).

NR 320.04(5)(d) (d) The temporary stream crossing may not be located on a wild river designated under s. 30.26, Stats.

NR 320.04(5)(e) (e) The temporary stream crossing shall consist only of timber mats, poles, small logs, culverts, pipes, or similar structures that are placed side by side in, on, or over the stream channel and firmly anchored to the bank to prevent the crossing from being transported downstream during flood conditions. If one or more culverts are used in the crossing, it shall not be placed with any permanent materials such as sand, gravel, or rock.

NR 320.04(5)(f) (f) The temporary stream crossing shall be placed parallel to the stream flow.

NR 320.04(5)(g) (g) The temporary in-stream crossing shall be placed and removed only during frozen or low flow conditions.

NR 320.04(5)(h) (h) The timber mats, poles, small logs, culverts or pipes shall be secured together using cables, chains, bands, fasteners, or other methods, prior to installation to facilitate removal.

NR 320.04(5)(i) (i) The temporary stream crossing shall be removed after the project requiring temporary access is completed or 160 days after installation, whichever occurs first.

NR 320.04(5)(j) (j) The temporary stream crossing shall be installed and removed a single time within the allowable use period and in compliance with the time periods specified in sub. (3) (g), if applicable.

NR 320.04(5)(k) (k) Compliance with the provisions under this paragraph constitutes a waiver of the navigational clearance requirements under s. NR 320.09, provided that the property owner provides a marked navigational portage route around the temporary crossing while the structure remains in place.

NR 320.04(6) (6) Fish habitat structures standards. In addition to the standards under sub. (3), fish habitat structures shall meet all of the following requirements:

NR 320.04(6)(a) (a) Purpose. The fish habitat structure shall be placed for the purpose of improving fish habitat.

NR 320.04(6)(b) (b) Conservation practice standard. Except as otherwise provided in the fish habitat structure specific standards in pars. (d) to (k) the fish habitat structure shall meet the appropriate natural resources conservation service conservation practice standard 395 Stream Habitat Improvement and Management.

NR 320.04(6)(c) (c) Reporting. The riparian shall report the placement of the structure to the local department fisheries biologist within 30 days after placement. The report shall contain a description of the project and its purpose, the name of the waterway, and a map showing where the structure was placed.

NR 320.04 Note Note: A list of the local department fisheries biologists is available at department service centers and on the department’s website at https://dnr.wisconsin.gov/, keyword “Fisheries Management and Habitat Protection.”

NR 320.04(6)(d) (d) Fish crib standards. In addition to the standards under pars. (a) to (c) and sub. (3), fish cribs shall meet all of the following requirements:

NR 320.04(6)(d)1. 1. The fish crib does not have to meet the riparian zone standard in sub. (3) (c). If a fish crib is placed beyond the line of navigation, the riparian shall receive permission from a neighboring riparian to place the structure.

NR 320.04(6)(d)2. 2. The fish crib shall have a minimum of 5 feet of water over the top of the structure. The depth of water over the fish cribs shall be based on the normal lowest water level condition during a calendar year.

NR 320.04(6)(d)3. 3. Except for fastening and anchoring devices, the fish crib shall be constructed of biological materials.

NR 320.04(6)(d)4. 4. The dimensions of the fish crib shall be no larger than 8 feet tall by 8 feet long by 8 feet wide.

NR 320.04(6)(d)5. 5. The fish crib may not be placed within 100 feet of swimming beaches or swimming rafts.

NR 320.04(6)(d)6. 6. The fish crib may not be located in soft sediment or muck that is greater than 12 inches in depth.

NR 320.04(6)(d)7. 7. The fish crib may not be placed where the bottom contour of the waterway exceeds a slope of 4−foot horizontal to one−foot vertical (4H:1V).

NR 320.04(6)(d)8. 8. The fish crib shall be adequately anchored to prevent movement.

NR 320.04(6)(e) (e) Spawning reef standards. In addition to the standards under pars. (a) to (c) and sub. (3), spawning reefs shall meet all of the following requirements:

NR 320.04(6)(e)1. 1. The waterbody into which a spawning reef is placed has a history of naturally reproducing walleye or sauger. Walleye Waters and history of natural reproduction can be identified on the department’s Surface Water Data Viewer at https://dnrmaps.wi.gov/H5/?viewer=SWDV.

NR 320.04(6)(e)2. 2. The spawning reef shall be constructed of an aggregate of clean, uncrushed gravel and rock from 2 to 8 inches in diameter, in a ratio of approximately 30 percent of the gravel or rock ranging from 2 to 4 inches in diameter and approximately 70 percent ranging from 4.1 to 8 inches in diameter.

NR 320.04(6)(e)3. 3. The spawning reef shall be placed in a linear form parallel to the shore.

NR 320.04(6)(e)4. 4. The spawning reef shall be no longer than 100 feet along the shoreline and no wider than 30 feet perpendicular to shore and may not be placed beyond 100 feet from shore.

NR 320.04(6)(e)5. 5. The spawning reef shall be placed where water depths range from 0 to 5 feet.

NR 320.04(6)(e)6. 6. The spawning reef may not be placed where the bottom contour of the waterway exceeds a slope of 4−foot horizontal to one−foot vertical (4H:1V).

NR 320.04(6)(e)7. 7. The spawning reef may not be placed where the bottom substrate composition consists of less than 90 percent clean sand.

NR 320.04 Note Note: A natural walleye spawning reef generally consists of substrates 2 to 8 inches in diameter with rounded edges. A natural walleye spawning reef is located adjacent to gently sloping shorelines in shallow water and require a moderate amount of wave action to keep the substrate clean of algae and provide adequate water circulation for incubating eggs. The requirement of 90 percent clean sand indicates a lack of spawning habitat, the appropriate wave action, and substrate capable of supporting the reef. If the water depth remains less than 5 feet and the bottom contour remains less than 10H:1V, a maximum location of 100 feet from shore is required to reduce navigation concerns.

NR 320.04(6)(e)8. 8. Any person placing a spawning reef shall, within 30 days after placement, provide written notice to the president or chair of any lake association, property owners association, or lake district for the affected lake. The notice shall include a description of the spawning reef and include a lake map identifying the exact location of the reef. The person is also responsible for posting a laminated copy of the same map, within 30 days after placement, at all public boat landings on the waterbody where the reef is located for a period of not less than one year.

NR 320.04(6)(f) (f) Wing deflector standards. In addition to the standards under pars. (a) to (c) and sub. (3), wing deflectors shall meet all of the following requirements:

NR 320.04(6)(f)1. 1. Design and placement of a wing deflector shall follow the recommendations in Guidelines for Management of Trout Stream Habitat in Wisconsin by Ray J. White and Oscar M. Brynildson, Wisconsin Department of Natural Resources.

NR 320.04 Note Note: Copies of these publications may be inspected by contacting the local department fisheries biologist or public library.

NR 320.04(6)(f)2. 2. The wing deflector may not extend more than 25 percent across the stream width.

NR 320.04(6)(g) (g) Tree drop standards. In addition to the standards under subs. (3) and (6), tree drops shall meet all of the following requirements:

NR 320.04(6)(g)1. 1. The tree drop shall consist of live or recently live trees harvested within a year of placement and having a basal diameter of at least 8 inches.

NR 320.04(6)(g)2. 2. The tree drop shall be securely anchored to the shore at intervals no less than 50 feet apart.

NR 320.04(6)(h) (h) Half-log standards. In addition to the standards under pars. (a) to (c) and sub. (3), half-logs shall meet all of the following requirements:

NR 320.04(6)(h)1. 1. The half−log shall be constructed from live or recently live trees harvested within a year, with a minimum diameter of 10 inches and spacers may not exceed 12 inches in height.

NR 320.04(6)(h)2. 2. The half−log shall be placed where the bottom substrate composition consists of sand or gravel, or both.

NR 320.04(6)(h)3. 3. The half−log may not be placed in water deeper than 5 feet.

NR 320.04(6)(h)4. 4. The half−log, if placed in a lake or flowage, may not be located more than 100 feet from shore or within 100 feet of a swimming raft.

NR 320.04(6)(i) (i) Fish stick standards. In addition to the standards under pars. (a) to (c) and sub. (3), fish sticks shall meet all of the following requirements:

NR 320.04(6)(i)1. 1. The fish stick does not have to meet the riparian zone standard in sub. (3) (c). If a fish crib is placed beyond the line of navigation, the riparian shall receive permission from a neighboring riparian to place the structure.

NR 320.04(6)(i)2. 2. The fish stick shall be placed to allow for at least 150 feet of open water navigation from the end of the fish stick structure to the line of navigation associated with the opposing shoreline.

NR 320.04(6)(i)3. 3. The fish stick shall be placed at least 100 feet away from all of the following:

NR 320.04(6)(i)3.a. a. A bridge or dam.

NR 320.04(6)(i)3.b. b. A municipal or commercial marina.

NR 320.04(6)(i)3.c. c. A designated swimming area that is open to the public that is marked by buoys, ropes, or postings along the shore, including a publicly accessible swimming area on private land.

NR 320.04(6)(i)3.d. d. A publicly accessible boat ramp and any pier associated with the boat ramp that is solely for the purpose of loading and unloading watercraft.

NR 320.04(6)(i)3.e. e. A designated carry-in only watercraft access point.

NR 320.04(6)(i)4. 4. A portion of the fish stick structure must be placed and anchored within 20 feet from the bank toe or in water depths less than or equal to 3 feet based on normal summertime lows.

NR 320.04(6)(i)5. 5. A portion of the fish stick structure must be placed and anchored within 20 feet from the bank toe or in water depths less than or equal to 3 feet based on normal summertime lows.

NR 320.04(6)(i)6. 6. There are no restrictions on the placement distance landward of the bank toe.

NR 320.04(6)(i)7. 7. Installation of a fish stick must use live or recently live trees harvested within a year of placement.

NR 320.04(6)(i)8. 8. If whole trees are grouped, attached, or anchored together, the resulting structure must include a minimum of 1 tree with a basal diameter of at least 8 inches. If a single tree is used, its basal diameter must be at least 8 inches.

NR 320.04(6)(j) (j) Root wad standards. In addition to the standards under pars. (a) to (c) and sub. (3), root wads shall meet all of the following requirements:

NR 320.04(6)(j)1. 1. The root wad may only be placed on a stream reach with a gradient slope of 5 percent or less.

NR 320.04(6)(j)2. 2. The root wad shall not extend past 25 percent of the stream width.

NR 320.04(6)(j)3. 3. The root wad shall be placed with the root wad fan on a 45 to 60 degree angle relative to the current pointing upstream to prevent excessive erosion.

NR 320.04(6)(j)4. 4. The root wad shall be anchored in an appropriate manner to keep from floating downstream.

NR 320.04 Note Note: Duckbill anchoring and ground anchoring are the most common methods of anchoring. Please see NRCS National Engineering Handbook, Part 654 Stream Restoration Design, Technical Supplement 14E, Use and Design of Soil Anchors for reference.

NR 320.04(6)(j)5. 5. The root wad shall be placed 100 feet or greater from all the following:

NR 320.04(6)(j)5.a. a. A municipal or commercial marina.

NR 320.04(6)(j)5.b. b. A designated swimming area that is open to the public that is marked by buoys, ropes, or postings along the shore, including a publicly accessible swimming area on private land.

NR 320.04(6)(j)5.c. c. A publicly accessible boat ramp and any pier associated with the boat ramp that is solely for the purpose of loading and unloading watercraft.

NR 320.04(6)(j)5.d. d. A designated carry-in only watercraft access point.