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.
NR 320.06(4)(b)(b) New riprap on streams. The department may authorize construction of new riprap at low energy sites on streams by an individual permit provided any of the following is true: NR 320.06(4)(b)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.
NR 320.06(4)(c)(c) Seawalls. The department may authorize a seawall at a low energy site only by an individual permit at the following locations: NR 320.06(4)(c)1.1. Municipal or commercial marinas where vertical docking facilities are a practical alternative after considering the public interest. NR 320.06(4)(c)2.2. Navigational channels actively used as thoroughfares as described in s. NR 320.11 (2), Table 1, note 5, or for access where slopes are steeper than one foot horizontal to 1.5 feet vertical (1’H:1.5’V) and are showing evidence of erosion and where alternative methods of erosion control will impede navigation. NR 320.06(4)(c)3.3. Locations where slopes are steeper than one foot horizontal to 1.5 feet vertical (1’H:1.5’V) and where the applicant demonstrates that alternative measures are not practicable considering bank height and the location of other permanent structures on the property. NR 320.06(4)(d)(d) Solid piers. The department may authorize a solid pier only by an individual permit on the following waters: NR 320.06(4)(e)(e) Piers and wharves exceeding sizing and slip thresholds established in s. NR 320.04 (8). In determining whether a proposed pier or wharf project constitutes a reasonable use of the property, the department may consider any of the following factors: NR 320.06(4)(e)1.1. Riparian convenience and the intended purpose of the proposed project. NR 320.06(4)(e)2.2. The historic use of the property, surrounding area, and navigable waterway. NR 320.06(4)(e)3.3. Navigational safety and anticipated navigational impacts of the proposed project. NR 320.06(4)(e)4.4. Public access opportunities on the navigable waterway and at the site of the proposed project. NR 320.06(4)(e)5.5. The current use of the property, surrounding area, and navigable waterway. NR 320.06(4)(e)9.9. Whether slips associated with commercial marinas or other commercial structures are open to the general public.
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