NR 300.23 Exceptions to time limits.
NR 300.24 Inspection authority.
NR 300.01
NR 300.01 Purpose. This chapter prescribes procedures, timelines, and fees for waterway and wetland regulatory decisions and services including exemption, permitting, and enforcement decisions as well as wetland mapping, wetland identification, wetland confirmation, and waterway jurisdictional decisions.
NR 300.01 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23.
NR 300.02
NR 300.02 Applicability. This chapter applies to regulatory services and decisions for waterway and wetland activities pursuant to ss.
23.32,
23.321, and
281.36, Stats., and chs.
30,
31, and
227, Stats.
NR 300.02 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction made under s.
35.17, Stats.,
Register June 2023;
correction made under s. 35.17, Stats., Register January 2024 No. 817.
NR 300.03
NR 300.03 Definitions. In this chapter:
NR 300.03(1)
(1) “
Business day" or “working day” means each day except Saturday, Sunday and “Legal Holidays” as provided in s.
995.20, Stats.
NR 300.03(2)
(2) “
Department" means the department of natural resources.
NR 300.03(3)
(3) “
Environmental damage" means the harming of any wildlife or wildlife habitat including fish, bird, animal, or plant life, or degradation of the air, land, and waters within the state.
NR 300.03 Note
Note: The definition of environmental damage is necessarily general as it must be subjectively applied in conformance with applicable statutes.
NR 300.03(5)
(5) “
Field investigation" means a physical inspection of the location of a proposed action requiring a permit or approval under ch.
30 or
31, Stats., or s.
23.321 or
281.36, Stats., and surrounding areas that may be directly or indirectly affected by the proposed action, carried out by an employee or agent of the department for the purpose of determining whether the proposed action meets applicable requirements of law.
NR 300.03(7)(a)
(a) “Individual permit" means a permit issued by the department for a single project under specific applicable provisions of s.
281.36 (3m), Stats., or ch.
30, Stats., excluding s.
30.206, Stats.
NR 300.03 Note
Note: This incorporates the definition at s.
30.01 (4m), Stats., and current case law, which requires a watercourse to have a bed and banks,
Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff,
DeGayner & Co., Inc. v. DNR,
70 Wis. 2d 936 (1975);
Village of Menomonee Falls v. DNR,
140 Wis.2d 579 (Ct. App. 1987).
NR 300.03(10)
(10) “
Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.
NR 300.03(11)
(11) “
Secondary impacts” means impacts to wetlands that are causally linked to the proposed project.
NR 300.03 Note
Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use due to habitat fragmentation or habitat conversion, erosion (sedimentation/siltation) due to inadequate or missing site stabilization, or the introduction or increase of invasive or non-native plant species to a wetland.
NR 300.03 History
History: CR 22-013: cr.
Register June 2023 No. 810, eff. 7-1-23; correction in (7) (a) made under s.
35.17, Stats.,
Register June 2023 No. 810.
NR 300.04(1)(1)
Applicability. This section applies to all of the waterway exemptions specified in subch.
II of ch. 30, Stats.
NR 300.04(2)
(2)
Eligibility. A person may only undertake a waterway activity that is exempt from permitting under ch.
30, Stats., if the proposed activity complies with all applicable ch.
30, Stats., statutory requirements and administrative code provisions promulgated thereunder. A permit is appropriate in lieu of an exemption specified in ss.
30.12 (1g),
30.123 (6) (d) and
(f), and
30.20, Stats., to prevent any of the following:
NR 300.04(2)(a)
(a) Significant adverse impacts to the public rights and interests.
NR 300.04(2)(c)
(c) Material injury to the riparian rights of any riparian owner.
NR 300.04(2)(d)
(d) Impacts to a waterbody that has a classification or designated use that precludes the activity from being exempt pursuant to ch.
30, Stats.
NR 300.04(2)(e)
(e) Other exemption requirements specified in ch.
30, Stats., and applicable administrative codes are not satisfied.
NR 300.04 Note
Note: Examples of waterbodies that may not be eligible to be exempt include areas of special natural resource interest and public right features. See ss.
NR 1.05 and
1.06 for more information.
NR 300.04 Note
Note: Exemption requirements are specified in the ch.
NR 300 Administrative Code series.
NR 300.04(3)
(3)
Responsibility. A person is responsible for ensuring that the requirements specified in sub.
(2) as well as all applicable statutory requirements for the specific exemption will be met.
NR 300.04 Note
Note: Federal or local permits or approvals may be required. The requester is responsible for obtaining all necessary federal or local permits or approvals for their activity.
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)(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)(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(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)(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)(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.
