NR 343.05 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05. NR 343.06NR 343.06 Construction site inspections and maintenance. Any person required to submit an application for a pond or artificial water body under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4). NR 343.06 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05. NR 343.07(1)(b)(b) If the department determines that a pond or artificial water body 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 343.07(1)(b)1.1. The pond or artificial water body project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats. NR 343.07(1)(b)2.2. The pond or artificial water body project has received an incidental take authorization under s. 29.604, Stats. NR 343.07(1)(c)(c) If the applicant modifies the pond or artificial waterbody project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department may consider the application complete or authorized under a general permit. NR 343.07(2)(2) Applicable activities. A pond or artificial water body project that meets the standards in sub. (3) shall be eligible for general permit coverage under ss. 30.19 (3r) (a) and (b) and 30.206, Stats. NR 343.07(3)(3) General permit standards. The department may issue a general permit for the construction, dredging or enlargement of any part of a pond or artificial water body that meets all of the standards in par. (a) and either par. (b), (c) or (d) as follows: NR 343.07(3)(a)(a) Standards for all pond construction under general permits. NR 343.07(3)(a)1.1. The site shall meet the construction site performance standards of s. NR 151.11 for land disturbing construction activities for non-transportation projects and s. NR 151.23 for transportation projects. NR 343.07(3)(a)2.2. The pond or artificial water body is designed in accordance with best management practices required for stormwater discharge permits under ch. NR 216, or to meet a local ordinance for stormwater management. NR 343.07(3)(a)3.3. The pond or artificial water body may not be associated with any metallic or non-metallic mining project. NR 343.07(3)(a)4.4. 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. 4. a. to c. or h. Decontamination shall include either subd. 4. d., e., f., g., or h. 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 343.07(3)(a)4.a.a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc. NR 343.07 NoteNote: 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 343.07(3)(a)4.c.c. 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 343.07(3)(a)4.d.d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean). NR 343.07(3)(a)4.e.e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch. NR 343.07 NoteNote: 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 343.07(3)(a)4.g.g. 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 343.07 NoteNote: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 343.07(3)(a)4.h.h. 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 343.07 NoteNote: See the department’s website at 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 343.07(3)(b)(b) Wildlife pond. The purpose of the pond or artificial water body shall be wetland conservation as determined under ch. NR 353 and all standards for construction of the ponds in ss. NR 353.04 and 353.05 will be met. NR 343.07(3)(c)(c) Landscape pond. The pond or artificial water body does not connect with a navigable waterway and shall meet all of the following: NR 343.07(3)(c)1.1. ‘Separation distance.’ No portion of the berm or pond may be any closer than 35 feet from the ordinary high water mark of any navigable waterway or within 100 feet of the location of any public rights feature as described in s. NR 1.06. NR 343.07(3)(c)3.3. ‘Wetland.’ The pond or artificial water body is not constructed, dredged or enlarged in a wetland. NR 343.07(3)(c)4.4. ‘Floodplain.’ The pond or artificial water body is not constructed, dredged or enlarged in the regulated floodplain. NR 343.07 NoteNote: The applicant will need to acquire a stocking permit to place fish in any landscape pond.
NR 343.07(3)(c)5.5. ‘Excavated material.’ Any excavated material is not temporarily or permanently placed in a wetland, floodplain or below the ordinary high water mark of a navigable waterway and is disposed of in an upland location. NR 343.07 NoteNote: The vegetation planted in areas adjacent to or disturbed during pond construction should not include department regulated invasive plants such as purple loosestrife.
NR 343.07(3)(d)(d) Stormwater pond. The pond or artificial water body is a stormwater management pond that does not discharge into a navigable waterway except as a result of a storm event and shall meet all of the following: NR 343.07(3)(d)1.a.a. The crest of the berm of the pond or artificial water body may be no closer than 35 feet from the ordinary high water mark. NR 343.07(3)(d)1.b.b. No portion of the pond or artificial water body may be within 100 feet of the location of any public rights feature as described in s. NR 1.06. NR 343.07(3)(d)1.c.c. This separation distance does not include the outlet structure for the pond. An outfall below the ordinary high water mark shall comply with ch. NR 329. NR 343.07(3)(d)2.2. ‘Wetlands.’ The pond or artificial water body may not be constructed, dredged or enlarged in a wetland. NR 343.07(3)(d)3.3. ‘Thermal.’ The pond or artificial water body may not be designed to have a permanent pool of water that discharges to a trout stream or its upstream tributaries. NR 343.07(3)(d)4.4. ‘Hydraulic connection.’ The pond may not be subject to inflow from the navigable waterway up to the 10-year 24-hour rainfall event. NR 343.07(3)(d)5.5. ‘Stable outlet.’ The pond shall have a stable (non-erosive) connection to the navigable waterway. NR 343.07(3)(d)7.7. ‘Entrapment.’ The pond or artificial water body shall be designed to prevent fish entrapment. NR 343.07(3)(d)8.8. ‘Vegetation.’ The permanent vegetation planted in areas adjacent to or disturbed during pond construction may not be department regulated invasive plant species. NR 343.07(3)(d)9.9. ‘Excavated material.’ Any excavated material may not be temporarily or permanently placed in a wetland, floodplain or below the ordinary high water mark of a navigable waterway and shall be disposed of in an upland location. NR 343.07(4)(4) Implementation of conditions of the general permit. Any person receiving coverage under a general permit for a pond or artificial water body shall implement the conditions of ss. NR 343.04 to 343.06 and this section. NR 343.07(5)(a)(a) Activities which are not exempt under s. NR 343.02 (3) or do not meet the standards in sub. (3) for a general permit issued by the department shall require an individual permit. NR 343.07(5)(b)(b) The department has authority under s. 30.206 (3r), Stats., to require an individual permit in lieu of a general permit. NR 343.07 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-094: cr. (3) (a) 4. 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; CR 22-013: am. (1) (a) Register June 2023 No. 810, eff. 7-1-23. NR 343.08(1)(b)(b) If the department determines that a pond or artificial water body 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 343.08(1)(b)1.1. The pond or artificial water body project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats. NR 343.08(1)(b)2.2. The pond or artificial water body project has received an incidental take authorization under s. 29.604, Stats. NR 343.08(1)(c)(c) If the applicant modifies the pond or artificial waterbody project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department may consider the application complete or issue an individual permit. NR 343.08(2)(2) Applicable activities. A pond or artificial waterway project which is not authorized by a general permit under s. NR 343.07 requires authorization by an individual permit pursuant to s. 30.19 (4), Stats. NR 343.08(3)(3) Ponds and artificial waterway standards. Ponds or artificial waterways meeting the standards in s. 30.19 (4) (c), Stats., may be authorized under an individual permit. NR 343.08 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-013: am. (1) (a) Register June 2023 No. 810, eff. 7-1-23. NR 343.09NR 343.09 Requirement for public access. A permit issued under this chapter to construct a pond or artificial waterbody and to connect it to a navigable waterway shall require that the navigable portion of the pond or artificial waterbody be a public waterway if the connecting portion is navigable. NR 343.09 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05. NR 343.10(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 343.10(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 343.10(3)(3) When an after-the-fact permit application has been filed with the department, the department shall follow the procedures in ch. NR 300 for violations. NR 343.10(4)(4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under. NR 343.10(5)(5) No person may construct, dredge or enlarge any part of a pond or artificial water body that connects with or is within 500 feet 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 343.10 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-013: am. (3) Register June 2023 No. 810, eff. 7-1-23.
