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. NR 320.06 NoteNote: Commercial marinas are typically considered open to the general public when they offer transient or daily use slips and no fee is required for pier use (e.g., restaurants), or provide annual slip rental opportunities to the general public.
NR 320.06 NoteNote: “What constitutes reasonable use depends upon the circumstance of each particular case, and no positive rule of law can be laid down to define and regulate such use with entire precision.” Timm v. Bear, 29 Wis. 254, 265 (1871). Cases that provide guidance regarding the application of the reasonable use doctrine to pier projects include Sterlingworth Condominium Ass’n v. DNR, 205 Wis. 2d 710, 556 N.W. 2d 791 (1996), Sea View Estates Beach Club, Inc. v. DNR, 223 Wis. 2d 138, 588 N.W.2d 667 (1998), and Hilton ex rel. Pages Homeowners’ Ass’n v. DNR, 2006 WI 84, 293 Wis. 2d 1, 717 N.W.2d 166. NR 320.06(4)(f)(f) Permanent and seasonal boat shelters. Permanent or seasonal boat shelters that do not meet the requirements for placement under an exemption under s. 30.12, Stats., or s. NR 320.04 (9), a waterway general permit issued under s. 30.206, Stats., or a previously issued department permit require authorization through an individual permit, subject to all of the following conditions: NR 320.06(4)(f)1.1. Permanent or seasonal boat shelters are designed to berth a single watercraft. NR 320.06(4)(f)2.2. Permanent or seasonal boat shelters are on a property that does not also include a boathouse over a navigable waterway. NR 320.06(4)(f)3.3. 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. NR 320.06(5)(5) Individual permit evaluation. The department, in its review of an individual permit application to determine whether placement of a structure or crossing meets the standards for issuance under s. 30.12 (3m) or 30.123 (8) (c), Stats., and to assess the project’s individual and cumulative impacts on public rights and interests in navigable waterways shall evaluate all of the following information if available and applicable to the project: NR 320.06(5)(a)(a) Physical, chemical, and biological effects on the waterway. NR 320.06(5)(d)(d) Fish and wildlife habitat, especially impacts on littoral zone and nearshore habitat. NR 320.06 NoteNote: Evaluation of fish and wildlife habitat includes reduced density of woody cover in shallow water; reduced density, coverage, and diversity of nearshore vegetation, such as terrestrial, emergent, floating-leafed, and submerged zones; the presence of any waterway designations identified in ch. NR 1; spawning or nursery habitat; and change in nearshore substrate that reduces its suitability for habitat. NR 320.06 NoteNote: Department staff, resource professionals, or consultants conducting site investigations associated with waterway individual permit application reviews should follow Lake Shoreland & Shallows Habitat Monitoring Field Protocols. This protocol provides a standard methodology for surveying, assessing, and mapping habitat in lakeshore areas, including the Riparian Buffer, Bank, and Littoral Zones, and can aide in the department’s review of a project’s overall impact on public interest factors. See dnr.wisconsin.gov, keyword “Wisconsin Water Monitoring” and look for “Shoreland Habitat Monitoring” under “Lakeshore Habitat Protocols.”
NR 320.06 NoteNote: Department staff, resource professionals, or consultants conducting site investigations associated with stream individual permit applications should follow Guidelines for evaluating fish habitat in Wisconsin streams. This report describes procedures for evaluating the quality and quantity of habitat for fish in small and medium streams of Wisconsin. (https://www.fs.usda.gov/research/treesearch/10228) NR 320.06(5)(f)(f) Recreational activities, including swimming, boating, snowmobiling, fishing, and hunting. NR 320.06 NoteNote: Survey information may be used to indicate that special concern, threatened, or endangered species or their habitats are found near the site.
NR 320.06(6)(6) Individual permit review. To determine whether an application meets the public interest criteria identified under sub. (5), the department may evaluate information regarding any of the following project specific factors during an individual permit application review: NR 320.06(6)(a)(a) The purpose of the proposed project, as limited by recognized riparian rights and permitting allowances to conduct specifically identified activities under ch. 30, Stats.
