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 NoteNote: 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 NoteNote: 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 NoteNote: 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.
NR 320.04(6)(k)(k) Boulder placement standards. In addition to the standards under pars. (a) to (c) and sub. (3), boulder placements shall meet all of the following requirements:
NR 320.04(6)(k)1.1. The boulder placement may only be installed in wadable streams at least 10 feet in width as measured at bankfull width.
NR 320.04 NoteNote: Wadable streams are streams, creeks, and small rivers that are shallow enough to be sampled using methods that involve wading into the water. They typically include waters classified as 1st through 4th order, and sometimes 5th order, in the Strahler Stream Order classification system (based on the number of tributaries upstream).
NR 320.04(6)(k)2.2. Three to seven boulders may be included in a boulder cluster and shall consist of natural rock of similar size.
NR 320.04 NoteNote: A spacing distance of 6 inches to 3 feet between each boulder is recommended.
NR 320.04(6)(k)3.3. Each boulder cluster shall be spaced 12 to 15 feet apart.
NR 320.04(6)(k)4.4. The boulder placement shall be isolated in the stream cross section and profile to prevent a backwater effect that could alter the bankfull discharge elevation or create upstream sedimentation of aquatic habitat.
NR 320.04(6)(k)5.5. The boulder placement shall not take up more than 30 percent of stream width, as measured at bankfull width, and may not cause a material obstruction to navigation.
NR 320.04(6)(k)6.6. The boulder placement shall not be placed at the head of a riffle and shall be placed to avoid additional flow into unstable bank areas that may result in increased bank erosion.
NR 320.04 NoteNote: Habitat performance may differ over time due to finer particle substrates with boulders getting covered.
NR 320.04(7)(7)Wildlife habitat structures standards. In addition to the standards under pars. (a) to (c) and sub. (3), wildlife habitat structures shall meet all of the following requirements:
NR 320.04(7)(a)(a) The nesting structure shall be placed for the purpose of improving wildlife habitat.
NR 320.04(7)(b)(b) The surface area of a nesting structure may not exceed 25 square feet.
NR 320.04(7)(c)(c) The nesting structure shall be designed and constructed of unpainted wood or of materials that are non-gloss earthtone colors that blend into a natural shoreline setting during leaf-on condition.
NR 320.04(8)(8)Piers and wharves standards. In addition to the standards in sub. (3), piers and wharves shall meet all of the following requirements:
NR 320.04(8)(a)(a) The pier or wharf 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(8)(b)(b) The pier or wharf may not extend into the water from the shoreline beyond the line of navigation, beyond the pierhead line, or beyond the length of the boat using the pier, whichever is farther from the shoreline, unless it can be demonstrated that the boat or boat hoists adjacent to the pier require a greater depth of water to operate.
NR 320.04 NoteNote: The depth of water necessary for nonfixed keel sailboats is measured with the centerboard or dagger boards raised.
NR 320.04(8)(c)(c) The pier or wharf may have the number of boat slips as described under s. 30.12 (1g) (f) 1. c., Stats.
NR 320.04 NoteNote: The initial 2-slip allotment is based on any frontage up to 50 feet. Each successive slip is allocated at a rate dependent on additional frontage in full 50’ increments.
NR 320.04(8)(d)(d) The pier or wharf may not totally enclose any portion of a navigable waterway.
NR 320.04(8)(e)(e) The pier or wharf may not interrupt the free movement of water nor cause the formation of land by deposition of littoral drift upon the bed of the water.
NR 320.04 NoteNote: Adverse impacts of structures to navigable waterways can be minimized by reducing the surface area of those structures to that which is necessary to facilitate the use and by concentrating structure placement to one area along the shoreline. Piers and the allowable number of boat slips and personal watercraft slips should be placed as close together as practicable at a single location along a riparian’s property.
NR 320.04(8)(f)(f) The timing restriction in sub. (3) (g) does not apply to a seasonally placed pier or wharf.
NR 320.04(9)(9)Seasonal boat shelter standards. In addition to the standards in sub. (3), seasonal boat shelters shall meet all of the following requirements:
NR 320.04(9)(a)(a) The seasonal boat shelter 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(9)(b)(b) The seasonal boat shelter may not extend beyond the line of navigation or an approved pierhead line unless additional water depth is necessary for mooring a boat or using a boat hoist or boat lift.
NR 320.04(9)(c)(c) The seasonal boat shelter may not interfere with public rights and may not have a significant adverse effect on aquatic habitat.
NR 320.04(9)(d)(d) The seasonal boat shelter shall allow the free movement of water underneath the shelter and may not cause the formation of land on the bed of the waterway.
NR 320.04(9)(e)(e) The seasonal boat shelter shall be designed and used exclusively for the berthing of a single watercraft.
NR 320.04(9)(f)(f) The seasonal boat shelter may not be more than 30 feet in length, unless its placement conforms with allowances under s. 30.01 (1c) (b), Stats.
NR 320.04(9)(g)(g) The seasonal boat shelter may not exceed an outside width of 14 feet.
NR 320.04(9)(h)(h) The seasonal boat shelter shall be connected to adjacent land by a pier placed in conformity with s. 30.12 or 30.13, Stats.
NR 320.04(9)(i)(i) The seasonal boat shelter may include a roof but may not include walls, sides, or equivalent construction unless placement of the shelter conforms with allowances under s. 30.01 (1c) (b), Stats.
NR 320.04(9)(j)(j) Seasonal boat shelter roofs shall be pitched not less than 1 foot nor more than 2.5 feet from the roof peak to the bottom of the eaves. Only the size and number of vertical components required to support the watercraft and any roof are permitted.
NR 320.04(9)(k)(k) Storage facilities may only be included above the eaves of the seasonal boat shelter.
NR 320.04(9)(L)(L) The seasonal boat shelter may include a single sign necessary to identify the property and lighting essential for safety and mooring.
NR 320.04(9)(m)(m) The number of boat shelters placed adjacent to a property is limited to one permanent and one seasonal shelter or 2 seasonal shelters for the first 100 feet or lesser amount of shoreline frontage. One additional seasonal shelter may be placed for each additional 50 feet of shoreline frontage in common ownership. In lieu of placing additional seasonal boat shelters beyond the initial allowance for the first 100 feet of shoreline frontage, a riparian may apply to the department for an individual permit to allow one additional permanent boat shelter for every additional 100 feet of shoreline frontage in common ownership. This paragraph shall apply to all permanent shelters and seasonal shelters originally placed after September 1, 1991.
NR 320.04(9)(n)(n) Permanent and seasonal boat shelters shall be placed as close together as practicable at a single location adjacent the riparian’s property unless otherwise determined by the department through a voluntary exemption determination request under s. NR 300.04 (4).
NR 320.04(9)(o)(o) The timing restriction in sub. (3) (g) does not apply to a seasonally placed boat shelter.
NR 320.04(10)(10)Culvert replacement standards. In addition to the standards in sub. (3), replacement culverts shall meet all of the following requirements:
NR 320.04(10)(a)(a) Construction and design requirements.
NR 320.04(10)(a)1.1. The replacement culvert shall be placed in substantially the same location as the culvert being replaced and may not have a lesser cross-sectional area than the existing culvert.
NR 320.04(10)(a)2.2. Individual waterway crossings consisting of a multiple-culvert design are not eligible under this exemption unless a waiver to this standard has been obtained through a voluntary exemption determination request under s. NR 300.04 (4).
NR 320.04(10)(a)3.3. The replacement culvert shall be adequately sized to protect stream hydrologic function and aquatic organism passage. Adequate culvert size may be determined through any of the following methods:
NR 320.04(10)(a)3.a.a. Using the culvert sizing methods outlined in s. NR 320.10 if the culvert area is calculated to be 20 square feet or less.
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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.