NR 341.06 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 341.07 NR 341.07Construction site inspections and maintenance. Any person required to submit an application for a grading permit under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4).
NR 341.07 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 341.08 NR 341.08General permit for project sites.
NR 341.08(1) (1)Procedures.
NR 341.08(1)(a)(a) General permits shall be processed according to the procedures in subch. III of ch. NR 310.
NR 341.08 Note Note: Where there is overlapping jurisdiction between ch. NR 216 and this chapter for sites with land disturbance of more than one acre, the department will develop consolidated procedures so that only one submittal will be required.
NR 341.08(1)(b) (b) If the department determines that a grading application submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604, Stats., the application shall be deemed incomplete until the applicant submits documentation to demonstrate one of the following:
NR 341.08(1)(b)1. 1. The grading project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.
NR 341.08(1)(b)2. 2. The grading project has received an incidental take authorization under s. 29.604, Stats.
NR 341.08(1)(c) (c) If the applicant modifies their grading project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department can consider the application complete or issue a general permit.
NR 341.08(2) (2)Applicable activities. A grading project that meets the requirements in sub. (3) shall be eligible for general permit coverage under ss. 30.19 (3r) (b) and 30.206, Stats.
NR 341.08(3) (3)Standards. A grading project may be authorized under this general permit if it meets all of the following requirements:
NR 341.08(3)(a) (a) Performance standards. The grading project meets the stormwater performance standards of ss. NR 151.11 and 151.12 for stormwater discharges from land disturbing construction activities for non-transportation projects and ss. NR 151.23 and 151.24 for transportation projects.
NR 341.08 Note Note: The department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control erosion and sediment runoff. Contact the department storm water program in the Bureau of Watershed Management at (608) 267-7694 to obtain a copy of this list or visit the department's stormwater website at www.dnr.wi.gov/org/water/wm/nps/stormwater.htm.
NR 341.08(3)(b) (b) Buffers on lakes and streams. An undisturbed, vegetated area is maintained or established adjacent to the waterway in accordance with the distances in s. NR 151.12 (5) (d) 1. a. to c. for protective areas around lakes or streams. In the absence of a specified distance in s. NR 151.12 (5) (d) 1. a. to c., the vegetated area may not be disturbed or must be established for 35 feet landward from the ordinary high water mark. Construction or land disturbance within this buffer may occur for an activity that is otherwise authorized under ch. 30 or 31, Stats., exempted under ch. 30, Stats., or is a stormwater best management practice designed to comply with ch. NR 151 or 216.
NR 341.08 Note Note: The duff layer beneath a pine forest is easily washed away during increased flows due to construction and would therefore not be adequate buffer coverage.
NR 341.08 Note Note: A grading project including placement of a road and culvert to cross a navigable waterway is not excluded from eligibility for this general permit if the culvert is authorized under ch. 30, Stats. This section does not prohibit a local ordinance from being more restrictive.
NR 341.08(3)(c) (c) Buffers on wetlands. The grading does not disturb an existing vegetated area in accordance with the distances in s. NR 151.12 (5) (d) 1. a. or d. to f. for protective areas around wetlands. Construction or land disturbance for a stormwater best management practice designed to comply with ch. NR 151 or 216 may occur within this buffer, but not within the wetland.
NR 341.08(3)(d) (d) Elevation change. The difference in elevation between pre- and post-construction contours does not exceed 5 feet within the bank area, except for areas immediately adjacent to exposed or walkout basements where the difference in elevation between pre-and post-construction contours may not exceed 10 feet within the bank area.
NR 341.08 Note Note: This section does not prohibit a local ordinance from being more restrictive.
NR 341.08(3)(e) (e) Slope. The grading may not disturb or create a slope that exceeds 20% within the bank area.
NR 341.08(3)(f) (f) Revegetation. The vegetation plan required in s. NR 341.05 (2) (o) shall be implemented and monitored for one year after project completion. During the monitoring period, the grading site shall be inspected regularly, and any areas requiring additional stabilization or revegetation shall be addressed to ensure final stabilization. One year after project completion, a report and photographs shall be submitted to the department to demonstrate that the grading site is stabilized. If after one year, final stabilization has not been achieved or maintained, the department may require the landowner to submit a revised vegetation plan to the department, and implement the revised plan.
NR 341.08(3)(g) (g) Designated waters. The grading site is not located in or adjacent to any of the following:
NR 341.08(3)(g)1. 1. A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats.
NR 341.08(3)(g)2. 2. A federal wild and scenic river designated under s. 30.27, Stats., or 16 USC 1274 (a)(8).
NR 341.08(3)(g)3. 3. A state wild river designated under s. 30.26, Stats.
NR 341.08(3)(h) (h) For grading projects on an outstanding or exceptional resource water under s. 281.15, Stats., upon receipt of a general permit application, the department shall conduct a site inspection.
NR 341.08(3)(i) (i) To stop the spread of invasive species and viruses from one navigable waterway to another navigable waterway, all equipment or portions of equipment used for constructing, operating, or maintaining the project, including tracked vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and pumps, shall be decontaminated for invasive species and viruses before and after use or prior to use within another navigable waterway. Decontamination activities shall be performed by taking actions specified in subd. 1. to 3. or 8. Decontamination shall include either subd. 4., 5., 6., 7., or 8. for any equipment, or portions of equipment, that is used in non-frozen navigable waters when the air temperature is above 19 degrees Fahrenheit at the time the decontamination procedures take place.
NR 341.08(3)(i)1. 1. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.
NR 341.08(3)(i)2. 2. Drain all water from equipment used in navigable waters.
NR 341.08 Note Note: This does not apply to water in closed engine cooling systems or water tanks, or containers of potable drinking water or other beverages meant for human consumption. If a tanker truck discharges water collected from navigable waters in upland areas, the tank does not require disinfection.
NR 341.08(3)(i)3. 3. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another.
NR 341.08(3)(i)4. 4. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 341.08(3)(i)5. 5. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 341.08(3)(i)6. 6. Allow equipment to dry thoroughly for not less than 5 days.
NR 341.08 Note Note: Additional drying techniques including drying through natural or mechanical means or changes in drying duration may be submitted to the department for review and approval.
NR 341.08(3)(i)7. 7. Disinfect equipment with 200 parts per million (0.5 ounces per gallon) chlorine for not less than 10 minute contact time. Every effort should be made to keep the disinfection solution and rinse water out of surface waters.
NR 341.08 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 341.08(3)(i)8. 8. Follow the most recent department approved disinfection protocols or department approved best management practices for infested waters. The department shall maintain on its website and make available at its offices a list of the most recent disinfection protocols or department approved best management practices for invasive species and viruses.
NR 341.08 Note Note: See the department's website at http://dnr.wi.gov under the topic “Waterway and Wetlands". Recommendations for additional disinfection or decontamination protocols or department approved best management practices may be submitted to the department for review and approval to be added to this list.
NR 341.08(4) (4)Plans part of permit. The general permit shall require that the applicant comply with submitted project plans or modified project plans as a condition of the permit.
NR 341.08(5) (5)Non-compliance with general permit. Activities which do not meet the requirements in sub. (3) or a general permit issued by the department shall require an individual permit.
NR 341.08(6) (6)Individual permit. The department has authority under s. 30.206 (3r), Stats., to require an individual permit in lieu of a general permit.
NR 341.08 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-094: cr. (3) (i) Register November 2008 No. 635, eff. 12-1-08; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.
NR 341.09 NR 341.09Individual permits.
NR 341.09(1) (1)Procedures.
NR 341.09(1)(a)(a) Individual permits shall be processed according to the procedures in subch. IV of ch. NR 310.
NR 341.09(1)(b) (b) If the department determines that a grading application submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604, Stats., the application shall be deemed incomplete until the applicant submits documentation to demonstrate one of the following:
NR 341.09(1)(b)1. 1. The grading project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.
NR 341.09(1)(b)2. 2. The grading project has received an incidental take authorization under s. 29.604, Stats.
NR 341.09(1)(c) (c) If the applicant modifies their grading project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department can consider the application complete or issue an individual permit.
NR 341.09(2) (2)Applicable activities. A grading project which is not authorized by a general permit under s. NR 341.08 requires authorization by an individual permit pursuant to s. 30.19 (4), Stats.
NR 341.09(3) (3)Grading standards. A grading project that meets the standards in s. 30.19 (4) (c), Stats., may be authorized under an individual permit.
NR 341.09 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05; CR 09-123: am. (1) (b) and (c) Register July 2010 No. 655, eff. 8-1-10.
NR 341.10 NR 341.10Enforcement.
NR 341.10(1) (1) Noncompliance with the provisions of ss. 30.19 and 30.206, Stats., this chapter, or any conditions of a general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may seek abatement under s. 30.294, Stats., for any activity in violation of ss. 30.19 and 30.206, Stats.
NR 341.10(2) (2) If the activity may be authorized by a general permit under s. 30.206, Stats., failure of an applicant to follow the procedural requirements may not, by itself, result in abatement of the activity.
NR 341.10(3) (3) When an after-the-fact permit application has been filed with the department, the department shall follow the procedures in ch. NR 301 for violations.
NR 341.10(4) (4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.
NR 341.10(5) (5) No person may grade on the bank of a navigable waterway if the activity is not eligible for an exemption, authorized by a general permit or individual permit issued under this chapter, or otherwise authorized under this chapter.
NR 341.10 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.
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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.