Chapter NR 300

NR 300.04 Note Note: The department may develop guidance, checklists, or other materials to help stakeholders make an eligibility determination.

NR 300.04(4) (4) Voluntary review request. A person may submit an exemption determination request to the department if a stakeholder would like to ensure that the proposed activity and site are eligible for an exemption. The exemption request shall include all of the following:

NR 300.04(4)(a) (a) A statement that describes the proposed activity.

NR 300.04(4)(b) (b) The site location.

NR 300.04(4)(c) (c) The construction timing and methods that will be used.

NR 300.04(4)(d) (d) The project scope and design.

NR 300.04(4)(e) (e) A demonstration that the proposed activity will not cause a material injury to the riparian rights of any riparian owners.

NR 300.04(4)(f) (f) If the exemption request is from the project proponent, a statement of consent to allow the department to inspect the site.

NR 300.04(4)(g) (g) Other technical information necessary to ensure that the project complies with applicable statutory requirements. Additional information may be necessary for waterway exemption projects specified in ss. 30.12, 30.123, and 30.20, Stats., to ensure that the project does not have a significant adverse impact to the public’s rights and interests, cause environmental pollution as defined in s. 299.01 (4), Stats., or cause material injury to the riparian rights of any riparian owner.

NR 300.04(5) (5) Review deadline. The exemption request in sub. (4) must be submitted through standard submittal procedures specified by the department and not less than 15 working days before commencing the activity in order to receive department review prior to initiating this activity. Except as provided in sub. (6), if the department does not take action within 15 days, the project proponent may proceed with the activity so long as the activity complies with the specific eligibility standards for the exemption.

NR 300.04(6) (6) Decision timeline.

NR 300.04(6)(a) (a) The department shall make a decision within 15 days after receiving the exemption determination request unless the department determines that the information provided in sub. (4) is inaccurate or insufficient to determine that the project is exempt, in which case the department may request additional information, subject to all of the following:

NR 300.04(6)(a)1. 1. The department may not request additional information more than once unless additional information requests are agreed to by the requester and department.

NR 300.04(6)(a)2. 2. The department will notify the requester in writing that the department cannot determine that the activity is exempt unless the additional information is satisfied and inform the requester of applicable individual or general permits that would be required for the activity. Written notification may be provided electronically by the department.

NR 300.04(6)(b) (b) Within 30 days of the request for additional information, the department shall provide the project proponent with written notification of the decision. Written notification may be provided electronically by the department.

NR 300.04(6)(c) (c) If the project proponent fails to provide the additional information to the department within 30 days of the request for additional information, or an alternative reasonable period of time agreed to by the department and requester, the department may notify the requestor in writing that the department’s original exemption determination stands.

NR 300.04(7) (7) Permits in lieu of exemptions. The department shall deny an exemption request if it determines that an eligibility standard prescribed in the statutes or the administrative code is not met or if the department finds that a permit is necessary for the project in order to meet statutory standards under s. 30.12 (2r), 30.123 (6m) or 30.20 (1m), Stats. The department shall include in its notice of decision which general or individual permit would be most appropriate for the project. The department may rely on information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site to make this determination.

NR 300.04(8) (8) Public rights features. If a project is initially determined to be ineligible for an exemption because it is located in a public rights feature as described in s. NR 1.06, a person or the department may provide information to re-evaluate this designation. If sufficient site-specific information can be provided that demonstrates that this designation is no longer appropriate, the department shall update the designation and the project proponent may undertake the exempt activity so long as all other eligibility standards are met. The standards and process specified in s. NR 1.06 (6) shall be used when making these determinations.

NR 300.04(9) (9) Decision notice. If the person who submits the exemption request is not the landowner, the department shall provide written notice of the decision to the landowner in addition to the person requesting the exemption. This notice may be provided electronically.

NR 300.04(10) (10) Federal law. When considering whether a project is eligible for an exemption under ch. 30, Stats., the department shall consider applicable federal law and interpretation when making exemption decisions.

NR 300.04 History History: CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) (intro.), (4) (intro.), (g), (6) (c), (7) made under s. 35.17, Stats., Register June 2023 No. 810.

NR 300.05 NR 300.05 Wetland exemptions.

NR 300.05(1) (1) Eligibility. No property owner or person on behalf of a property owner may discharge dredged material or fill material into a wetland unless all of the following requirements are met:

NR 300.05(1)(a) (a) The proposed activity complies with all applicable eligibility standards specified in s. 281.36 (4), (4m), (4n), or (4r), Stats.

NR 300.05(1)(b) (b) All applicable mitigation requirements will be satisfied prior to the discharge.

NR 300.05(1)(c) (c) Eligible discharges pursuant to s. 281.36 (4), Stats., shall also ensure that all of the following requirements are met:

NR 300.05(1)(c)1. 1. The discharge will not flood the property of adjacent property owners unless there is a signed flood easement with that adjacent owner.

NR 300.05(1)(c)2. 2. The discharge will not impede the flow or circulation of water in the remaining wetland or in surrounding wetlands.

NR 300.05(1)(c)3. 3. Secondary impacts of the discharge will not reduce the reach of the remaining wetland or the reach of the surrounding wetlands.

NR 300.05(1)(c)4. 4. The proposed activity will not convert the wetland into a use to which it was not previously subject, where the flow or circulation of water may be impaired or the reach of such waters reduced.

NR 300.05 Note Note: A change in use may include a discharge of fill into a wetland that results in a conversion of the wetland to another wetland type.

NR 300.05(2) (2) Responsibility. The project proponent shall ensure that the requirements specified in sub. (1) as well as all applicable statutory requirements for the specific exemption will be met.

NR 300.05 Note Note: Federal or local permits or approvals may be required. A requester is responsible for obtaining all necessary federal or local permits or approvals for their activity.

NR 300.05(3) (3) Voluntary exemption reviews. The project proponent may undertake an exempt activity authorized under s. 281.36 (4), (4m), or (4r), Stats., if the standards specified in sub. (1) are met. A person may submit an exemption determination request to the department if a stakeholder would like to ensure that the proposed activity and site are eligible for an exemption if the exemption request includes all of the information in sub. (6). The request must be submitted not less than 15 working days before commencing the activity if the stakeholder would like to benefit from this service. The request shall be submitted using standard procedures established by the department.

NR 300.05(4) (4) Mandatory exemption reviews. A project proponent shall notify the department no fewer than 15 working days prior to initiating a project that may affect a wetland or landscape feature under s. 281.36 (4n), Stats. The notification shall contain all information specified in sub. (6) and shall be submitted through the department electronic permitting system or through other department-approved systems.

NR 300.05(5) (5) Federal law. When considering whether a project is eligible for an exemption under s. 281.36 (4), (4n), or (4r), Stats., the department shall make determinations consistent with existing and additional federal law and interpretation as defined in s. 281.36 (1) (a) and (b), Stats.

NR 300.05(6) (6) Submittal requirements. The exemption request must include all of the following:

NR 300.05(6)(a) (a) The site location.

NR 300.05(6)(b) (b) A statement issued by a professional who has investigated the wetland and who is qualified to give such an opinion that the proposed activity is eligible for the exemption.

NR 300.05(6)(c) (c) All definitive evidence requested by the department on a request form or accompanying instruction to justify and document that the applicable eligibility standards specified in s. 281.36 (4), (4m), (4n), and (4r), Stats., or other applicable administrative rules are satisfied.

NR 300.05(6)(d) (d) If the exemption request is not submitted by the landowner, a statement of consent by the landowner to allow the department to inspect the site if necessary.

NR 300.05(6)(e) (e) Other technical information specified by the department to ensure that all statutory requirements of the exemption are satisfied.

NR 300.05(7) (7) Timeline. The department shall make a decision within 15 working days after receiving the exemption request. If the department does not take action within 15 working days, the project proponent may proceed with the activity if the activity complies with the specific eligibility standards for the exemption and s. 281.36 (5), Stats., unless the department determines that the information provided in sub. (6) is inaccurate or insufficient to make an exemption determination in which case the department may request additional information, subject to all of the following:

NR 300.05(7)(a) (a) The department may notify the person one time to request additional information.

NR 300.05(7)(b) (b) The review timeline will be on hold until the request for additional information is satisfied. The review timeline will resume once the request for additional information is satisfied.

NR 300.05(7)(c) (c) The department may perform a site visit if it is necessary to gather additional information to make a determination. The department shall perform the site visit within 15 working days after receiving the exemption request unless inclement weather prevents the site visit from occurring. In this instance the review timeline will be on hold until the site visit can be completed.

NR 300.05(7)(d) (d) The department shall provide the project proponent with written notification of the decision. Written notification may be provided electronically.

NR 300.05(7)(e) (e) If the project proponent fails to provide the additional information to the department within 30 days of the request for more information, or an alternative reasonable period of time agreed to by the department and requester, the department may dismiss the request.

NR 300.05(8) (8) Permits in lieu of exemptions. The department shall deny an exemption request if it determines that an eligibility standard prescribed in statute is not met or if the department finds that a permit is necessary for the project in order to meet statutory standards. The department shall include in its notice of decision which general or individual permit would be most appropriate for the project. The department may rely on information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site to make this determination.

NR 300.05(9) (9) Decision notice. If the person who submits the exemption request is not the landowner, the department shall provide written notice of the decision to the landowner in addition to the requester. This notice may be provided electronically.

NR 300.05 History History: CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (1) (c) 3., (3), (6) (c) made under s. 35.17, Stats., Register June 2023 No. 810.

NR 300.06 NR 300.06 Waterway and wetland general permits.

NR 300.06(1) (1) Eligibility. To be eligible for authorization under a general permit pursuant to s. 30.12, 30.123, 30.19, 30.20, 30.206, 30.2065, or 281.36, Stats., an activity shall meet all applicable standards of the general permit and shall comply with all applicable statutory standards and requirements in this subchapter.

NR 300.06 Note Note: The rules specifying standards for regulated activities for which general permits are available are the ch. NR 300 series of the Wisconsin administrative code.

NR 300.06(2) (2) Application. A person who seeks to proceed with an activity under a general permit in sub. (1) shall submit an application through the department electronic permitting system or other submittal process specified by the department and shall provide all the information requested in sub. (3). The department shall maintain the application form for permitting requests and shall provide a copy of the form to any person upon request. This copy may be provided electronically.

NR 300.06 Note Note: General permit application forms are available on the department’s website at http://dnr.wi.gov under the topic “Water Permits.”

NR 300.06(3) (3) Application requirements. A person filing an application under sub. (2) shall submit the application to the department not less than 30 days before the proposed commencement of the activity. The permit application must include the following information:

NR 300.06(3)(a) (a) A narrative that describes the proposed activity.

NR 300.06(3)(b) (b) The site location.

NR 300.06(3)(c) (c) The project scope and design.

NR 300.06(3)(d) (d) Site photos.

NR 300.06(3)(e) (e) A statement of consent to allow the department to inspect the site.

NR 300.06(3)(f) (f) All other information specified in the general permit and accompanying application form.

NR 300.06 Note Note: Other permits may also be required. An applicant is responsible for requesting and obtaining all necessary federal, state, and local permits or approvals for their activity.

NR 300.06(4) (4) Eligibility determination. Except as provided under sub. (6), the department shall determine whether the activity qualifies for a general permit, subject to all of the following:

NR 300.06(4)(a) (a) The department shall use the complete application under sub. (3) to make this determination.

NR 300.06(4)(b) (b) The department may use information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site to make this determination.

NR 300.06(4)(c) (c) The department may investigate or visit a site to determine whether an activity meets the standards for a general permit.

NR 300.06(4)(d) (d) Except as provided under pars. (e) and (f), the department shall determine if an applicant is eligible for a general permit within 30 days from the date of receipt of the application.

NR 300.06(4)(e) (e) The department may request additional information or a site visit if the department determines that the application is inaccurate or insufficient to make an eligibility determination, subject to all of the following:

NR 300.06(4)(e)1. 1. The review timeline will be on hold until the request for additional information is satisfied. The review timeline will resume once the request for additional information is satisfied.

NR 300.06(4)(e)2. 2. The department shall provide the applicant with written notification of the request for more information. This request may be provided electronically.

NR 300.06(4)(e)3. 3. The department may dismiss the request if the project proponent fails to provide the additional information to the department within 30 days of receiving the request for more information, or an alternative reasonable period of time agreed to by the applicant and department.

NR 300.06(4)(f) (f) If the department determines that a site visit is necessary as part of the request for additional information pursuant to par. (e) to make an eligibility determination under this subsection, the site visit shall occur within 30 days unless site conditions are not feasible due to adverse weather conditions, property access issues or other similar issues. The application will remain on hold until the site visit can be completed, subject to all of the following:

NR 300.06(4)(f)1. 1. The department shall notify the applicant in writing of the need for the site visit. This notice may be provided electronically. The department shall include an anticipated timeline in this notice based on the earliest time period conditions are anticipated to be conducive to complete the site visit.

NR 300.06(4)(f)2. 2. The department may not put a project on hold for adverse weather more than once.

NR 300.06 Note Note: Adverse weather may include frozen ground, extreme drought or flood conditions.

NR 300.06(4)(g) (g) The department shall notify the applicant of the eligibility determination based on the information available under pars. (a) to (f) and the general permit conditions. The date of the final decision is the date that written notification is sent to the applicant. Written notification may be provided electronically.

NR 300.06(4)(h) (h) If the department does not take action under par. (d), the applicant may proceed with the activity if the activity complies with the conditions of the general permit, and the department may not require the applicant at any time to apply for an individual permit or apply to enter a contract unless required to do so by a court or hearing examiner.

NR 300.06(4)(i) (i) If the department determines that an activity is not eligible for a general permit, the department shall notify the applicant in writing that the applicant may revise the project so that the activity is eligible for a general permit or apply for an individual permit. In its notification, the department shall state why the project is ineligible for a general permit. If the applicant is not the landowner, the landowner shall also receive a copy of this decision. This notification may be provided to the applicant and landowner electronically.

NR 300.06(5) (5) Wetland self-reporting general permit determinations.

NR 300.06(5)(a) (a) The department may waive the review process specified in sub. (4) for activities that are authorized under s. 281.36 (3g), (b), or (c), Stats., and meet all of the following requirements:

NR 300.06(5)(a)1. 1. The activity will clearly meet the eligibility standards for the statewide general permit.

NR 300.06(5)(a)2. 2. The activity will comply with applicable stormwater management requirements.

NR 300.06(5)(a)3. 3. The activity will not impede the flow or circulation of water in adjacent or surrounding wetland complexes.

NR 300.06(5)(a)4. 4. The activity poses a limited environmental risk, which shall include all of the following:

NR 300.06(5)(a)4.a. a. The activity will not cause significant permanent secondary impacts to surrounding wetlands.

NR 300.06(5)(a)4.b. b. The activity will not adversely impact fish spawning or fish spawning habitat.

NR 300.06(5)(a)5. 5. The activity will be completed consistent with applicable floodplain and shoreland zoning requirements.