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. NR 320.06(6)(b)(b) Whether a proposed structure or crossing has been designed in size and extent to allow for use of the structure for its intended purpose and to prevent detrimental impacts to public rights and interests. NR 320.06 NoteNote: A project design should have high likelihood of success as demonstrated by its appropriateness for site specific conditions and history of performance at similar sites given the best available data.
NR 320.06(6)(c)(c) Whether project specific conditions can avoid or reduce the public interest impacts of the structure while achieving the overall project purpose. NR 320.06(6)(d)(d) Site and water-body specific factors that inform the public interest performance of the proposed structure. NR 320.06 NoteNote: For example, for an erosion control project, the erosion exposure of the project site based on site-specific conditions, including ice and the presence of natural ice ridges.
NR 320.06(7)(7) Standards for structures placed on Great Lakes and outlying waters and all solid piers. NR 320.06(7)(a)(a) To ensure that there is no detrimental impact to the public interest, the department may require site specific design engineering, modeling, or geotechnical analysis certified by an engineer licensed or certified to practice in the State of Wisconsin under ch. 443, Stats., for structures placed on the Great Lakes and outlying waters and solid piers that demonstrates the structure will meet the public interest review criteria under sub. (5). NR 320.06(7)(b)(b) The department may consider all of the following project factors to determine if engineering, modeling, or geotechnical analysis is required in an individual permit application for structures mentioned in par. (a): NR 320.06(7)(b)1.1. An erosion control structure is proposed along a site where a principal structure is located within 75 feet of the current ordinary high water mark. NR 320.06(7)(b)2.2. Grading on the bank is proposed because it is necessary to access the site to place an erosion control structure, rock crib, or solid pier. NR 320.06(7)(b)3.3. A proposed erosion control structure will encroach greater than 10 feet lakeward from the ordinary high water mark to the toe. NR 320.06(7)(b)4.4. Fill material other than filter stone and armor stone is proposed to be placed against the current slope face underlying a proposed erosion control structure. NR 320.06(7)(b)5.5. The proposed slope of the final erosion control structure is steeper than 1.5 foot horizontal to 1 foot vertical (1.5’H:1’V). NR 320.06(7)(b)6.6. The proposed slope of the final erosion control structure is shallower than 2.5 feet horizontal to 1 foot vertical (2.5’H:1’V). NR 320.06(7)(b)7.7. A shore perpendicular structure, groin, solid pier, rock-crib filled pier, or other similar structure, is proposed for purposes of shore protection or erosion control. NR 320.06(7)(b)8.8. A shore perpendicular structure is proposed for the purpose of navigation, including a groin, rock filled crib, or solid pier. NR 320.06(7)(b)10.10. A new or reconstruction of a seawall is proposed as an erosion control structure. NR 320.06(8)(b)(b) The department may impose conditions on individual permits that are necessary to ensure the project meets the requirements for issuance as identified in s. 30.12 (3m) (c) or 30.123 (8) (c), Stats., and to ensure the project is not detrimental to public rights and interests in navigable waterways as informed by individual permit review factors under this section. Conditions placed on an individual permit may include timeline, construction, design, or location factors. NR 320.06(8)(c)(c) Applications not meeting the standards for issuance identified in par. (a) and those for which the department chooses not to impose specific conditions under par. (b) shall be denied. NR 320.06 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26. NR 320.07NR 320.07 Municipal breakwater permits. NR 320.07(1)(1) Eligible waterways. The department may issue permits for placement of breakwaters in the following water bodies: NR 320.07(1)(a)(a) Castle Rock and Petenwell flowages, Adams and Juneau counties. NR 320.07(1)(c)(c) Beaver Dam lake, Fox lake, and Lake Sinissippi, Dodge county. NR 320.07(1)(e)(e) Lake Nokomis – Rice River reservoir, Lincoln and Oneida counties. NR 320.07(1)(j)(j) Lake Winneconne and Lake Buttes des Morts, Winnebago county. NR 320.07(1)(k)(k) Lake Winnebago, Calumet, Fond du Lac, and Winnebago counties. NR 320.07 NoteNote: The listed waters are generally typified by the following conditions – artificially impounded; 2,500 acres and larger; extensive water level fluctuation; high rate of wetland/shoreline loss from erosion; and historic loss of shoreline vegetation.
NR 320.07(2)(a)(a) The department may issue permits for breakwaters to municipalities and similar public entities, including the state and federal governments, inland lake protection and rehabilitation districts or similar special purpose units of government, and public utilities. Any riparian with ownership of upland adjacent to, or flowed lands underlying, the breakwater shall be a co-applicant if the public entity is not the riparian. If the public entity is not the riparian, the public entity may submit a permit application only if all riparians with ownership of upland adjacent to, and flowed lands underlying, the proposed breakwater consent to be co-applicants. NR 320.07(2)(b)(b) As part of the permit application, a public entity shall provide information to demonstrate to the satisfaction of the department that the public entity has all of the following: NR 320.07(2)(b)1.1. Statutorily assigned duties, authorities, or requirements that may reasonably be construed to include control of shore erosion and protection of aquatic habitat. NR 320.07(2)(b)2.2. A system of governance that allows participation in decision making by a range of public interests. NR 320.07(2)(b)3.3. Institutional permanence of a duration similar to the life of the structure. NR 320.07(3)(3) Standards. The department may issue a permit for a breakwater under this section if all of the following conditions are met: NR 320.07(3)(a)(a) A breakwater is determined by the department to be the best management practice to control shore erosion and preserve or restore aquatic habitat, considering efficacy of the structure and impacts to the public interest in navigable waters. NR 320.07(3)(b)(b) The breakwater is designed by an engineer licensed or certified to practice in this state under ch. 443, Stats., to be stable under stated maximum water level and wave conditions to avoid a failed structure that quickly becomes a hazard to users of the waters. NR 320.07(3)(c)(c) The breakwater is specifically recommended for the purpose specified in par. (a) in a comprehensive plan approved by the department for management of a specific water body and its watershed. NR 320.07(4)(4) Permit conditions. In addition to any conditions determined by the department to be necessary to protect public rights and interests in navigable waters under s. 30.12, Stats., any permit issued by the department under this section shall contain all of the following conditions: NR 320.07(4)(a)(a) The breakwater shall remain under public ownership or control by a public entity described under sub. (2) (a). Public ownership and control, including necessary rights to use and management of the breakwater and the area to be protected from wave energy by the breakwater shall be established by documentation of any of the following as part of the permit application: NR 320.07(4)(a)2.2. Lease of the breakwater to a public entity described under sub. (2) (a) with a term of 25 years or more. NR 320.07(4)(a)3.3. A conservation easement on the breakwater held by a public entity described in sub. (2) (a) that includes the rights to construct and maintain the structure and the right of public access to the structure. NR 320.07(4)(b)(b) No ancillary structures or facilities, other than scientific measuring devices and navigational markers, shall be located on or attached to the breakwater. NR 320.07 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26; correction in (3) (b) made under s. 35.17, Stats., Register January 2026 No. 841. NR 320.08NR 320.08 Navigability standards for bridges and culverts. NR 320.08(1)(1) A new bridge or culvert or replacement of an existing bridge or culvert spanning a navigable waterway regulated under this chapter shall, except as provided in this section, maintain a clearance of not less than 5 feet. NR 320.08(2)(2) The department may require clearance of more than 5 feet when the waterway has been or is likely to be navigated when the waterway is above its ordinary high water mark elevation or if it is used by watercraft or snowmobiles requiring greater clearance. NR 320.08(3)(3) The department may allow less than 5 feet of navigation clearance for a bridge or culvert when the department determines all of the following apply: NR 320.08(3)(a)(a) The waterway is known by the department to have little or no snowmobile use or navigation, other than by watercraft capable of using a portage established under par. (b). NR 320.08(3)(b)(b) The owner provides a permanent portage, identified by signage, over or around the bridge or culvert. NR 320.08(3)(c)(c) The reduced clearance will not be detrimental to the public interest, as determined by the department. NR 320.08 HistoryHistory: CR 24-051: cr. Register January 2026 No. 841, eff. 4-1-26.
