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 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(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)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.b.b. The placement of a single culvert sized to completely span bankfull width at a location that is representative of the stream width through the reach in question. NR 320.04(10)(a)3.c.c. Duplicating the design or sizing of a downstream crossing that has been designed, constructed, or placed by the department of transportation or a municipality and that meets the performance objectives stated in subd. 4. NR 320.04(10)(a)4.4. The replacement culvert shall be designed to mimic the natural streambed, stream channel, and stream gradient. The inverts of the replacement culvert shall be installed to sit below the natural streambed, which allows for deposition of natural materials. Water depths, widths, and velocities at the inlet and outlet shall match the natural stream channel under most flow conditions. Perched culverts are not in compliance with the conditions under this subdivision. NR 320.04 NoteNote: The Great Lakes stream crossing inventory may be used to identify locations of existing crossings that have been observed to cause ecological problems requiring attention at the time of replacement and can be viewed at https://dnr.wisconsin.gov/, keyword “Great Lakes stream crossing inventory.” NR 320.04(10)(a)5.5. The replacement culvert shall not substantially disrupt aquatic species movements necessary to carry out life cycle functions. Perched culverts are not in compliance with the condition under this subdivision. NR 320.04(10)(a)6.6. Construction activities below the ordinary high water mark of a waterway shall be continuous to the greatest extent practicable until the work is completed, and the site is stabilized. If periods of inactivity are unavoidable, the site shall be temporarily stabilized until the work is resumed and completed. NR 320.04(10)(a)7.7. Excepting emergencies which constitute a threat to life, safety, or property, construction shall not take place during periods of high water to avoid flooding the construction site. NR 320.04(10)(b)1.1. The replacement culvert shall be installed at least one foot beyond the road fill. NR 320.04(10)(b)2.2. Operating construction equipment on the bed of the stream or below the ordinary high water mark is prohibited. NR 320.04(10)(b)3.3. Vegetation, material, soil stockpiles, or equipment shall not be stored in wetlands unless authorized through applicable wetland exemptions or permits available under s. 281.36, Stats. NR 320.04(10)(b)5.5. Unless the waterway is dry for the duration of the construction activities, coffer dams shall be installed upstream and downstream of the project area and in conjunction with a method to maintain downstream flow. NR 320.04(10)(b)6.6. Coffer dams and temporary diversion channels shall be constructed using non-erodible material and secured with rock or rock-bags at the bottom of the channel and top of the banks. Earthen coffer dams are not allowed. NR 320.04(10)(b)7.7. Coffer dams shall be removed in such a way that minimizes the release of sediment and other downstream impacts, typically by removing the downstream coffer dam first then slowly removing the upstream coffer dam. Upon completion of culvert placement and stabilization, a bypass channel shall be restored to its original condition. NR 320.04(10)(b)8.8. Pump intakes and discharges shall prevent impacts to fish and wildlife habitat and shall be placed to prevent the disturbance, removal, or scour of bed material. NR 320.04(10)(b)9.9. Temporary bypass structures used to maintain streamflow, including diversion channels, pump bypass systems, or diverting to one culvert at a time, need to be adequately sized to prevent damage from upstream flooding and downstream siltation, wash-out, or scouring. NR 320.04(10)(b)10.10. Clean fill material shall be firmly compacted around the culvert, including coverage around the top of the culvert to at least one-third of the culvert diameter, or to a depth of 12 inches, whichever is greater. NR 320.04(10)(b)11.11. Geotextile fabric or a coarse-grained filter bedding shall be placed and covered with clean riprap 6 to 24 inches in diameter around the culvert inlet and outlet. NR 320.04(10)(b)12.12. Obstructions in the culvert such as accumulated brush, debris, or other obstructions shall be removed to prevent environmental impacts, such as exacerbated flooding or culvert failure. NR 320.04 NoteNote: A city, village, town, or county must keep records of culverts replaced pursuant to this exemption in accordance with s. 30.123 (9), Stats. NR 320.04(11)(11) Biological shore erosion control structures standards. In addition to the standards in sub. (3), biological shore erosion control structures shall meet all of the following requirements: NR 320.04(11)(a)(a) Vegetation shall be plant species that are native to the area of Wisconsin where the project is located. NR 320.04 NoteNote: Vegetative treatments installed according to the Natural Resources Conservation Service (NRCS) Conservation Practice Standard Code 580 (Streambank and Shoreline Protection) or NRCS Engineering Field Handbook Chapter 16 are determined to meet this requirement. NR 320.04(11)(b)(b) Willow wattles, willow posts, brush mattresses, brush layering, fiber roll breakwaters, plant carpets, root wads, and methods reliant on the use of other natural materials may be used in a biological shore erosion control structure. Fiber rolls shall be secured using can and duckbill anchors or hardwood stakes. Spacing between the duckbill anchors shall be 6 feet or less. Spacing between the hardwood stakes shall be 4 feet or less. NR 320.04(11)(c)(c) The crown of a placed root wad shall extend the entire depth of stream, bottom to top, or to the maximum projected or measured scour depth, if included in a biological erosion control structure. NR 320.04(11)(d)(d) No waterward extension of the property is permitted other than what is reasonably necessary to conduct the project and protect the existing bank. No soil or similar fill material may be placed in a wetland or below the ordinary high water mark of any navigable waterway, except as authorized by ch. 30 or s. 281.36, Stats. NR 320.04(11)(e)(e) If wave barriers are used, the wave barriers shall be located within the 3-foot water depth contour or less, marked with reflectors, and may not create an obstruction to navigation. Any wave breaks or wave barriers shall be completely removed within 2 years of the installation date. NR 320.04(11)(f)(f) Temporary breakwaters with non-biodegradable elements are considered a permissible element during the plant establishment phase of a biological erosion control project. 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.
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