NR 328.05 Note
Note: Eligibility for an exemption or general permit does not automatically result in a federal permit or state water quality certification for fill in wetlands. Some projects involving minimal wetland fill may be eligible for authorization under a U.S. Army Corps of Engineers general permit which has already been granted state water quality certification or a general permit under s.
281.36 (3g) (b), Stats. (under development). All other projects affecting wetlands will require individual water quality certification including public notice as required by s. 401, Federal Clean Water Act, and s.
281.36 (3b) (b), Stats., and carried out under chs.
NR 103 and
299. For further instructions, see the department's website at
http://dnr.wi.gov under the topic “Waterway and Wetland Permits."
NR 328.05(3)
(3)
Biological shore erosion control. Biological shore erosion control structures may be authorized under this general permit if it meets all of the requirements of s.
NR 328.04 (3) and
(4) with the exception that it may be located in an area of special natural resource interest.
NR 328.05(4)
(4)
Riprap repair or replacement. Repair of riprap or replacement of riprap on the bed or bank of a navigable water may be authorized under this general permit if it meets all of the requirements of s.
NR 328.04 (3) with the exception that it may be located in an area of special natural resource interest, and with additional limitations as follows:
NR 328.05(4)(a)
(a) Riprap replacement may not exceed 100 linear feet of shoreline located on an inland lake or flowage.
NR 328.05(4)(b)
(b) Riprap repair may not exceed 300 linear feet of shoreline located on an inland lake or flowage.
NR 328.05(4)(c)
(c) Riprap repair/replacement may occur no more than once every 5 years.
NR 328.05(4)(d)
(d) A deposit of sand, gravel or stone under s.
30.12 (1g) (a), Stats., may be associated with the riprap replacement provided the deposit is limited to the area immediately underneath the riprap and is less than 2 cubic yards, not including the riprap itself or clean washed gravel provide under par.
(L).
NR 328.05(4)(f)
(f) The applicant can document, using historical information and photos, the previous placement of riprap.
NR 328.05(4)(g)
(g) The applicant can demonstrate that the replacement structure is within the footprint of the previous structures.
NR 328.05(4)(h)
(h) Riprap may not be placed at an elevation higher than the ordinary high water mark plus the storm-wave height as calculated in s.
NR 328.08 (1).
NR 328.05(4)(i)
(i) The toe of the riprap may not extend more than 8 feet waterward of the ordinary high water mark.
NR 328.05(4)(j)
(j) For replacement, the final riprap slope may not exceed (be steeper than) 2 feet horizontal to one foot vertical.
NR 328.05(4)(k)
(k) Riprap shall be clean fieldstone or quarry stone 6 to 24 inches in diameter.
NR 328.05(4)(L)
(L) For replacement projects, the filter cloth or clean-washed gravel shall be used as a filter layer under the riprap to extend the life of the structure, improve effectiveness and prevent soil erosion behind the riprap.
NR 328.05(4)(m)
(m) Riprap or other vegetated armoring shall be re-vegetated above the ordinary high water mark by using native plantings which may include native non-woody plants, native shrub plantings, native live stakes or native jointed plantings.
NR 328.05(5)
(5)
Riprap or vegetated armoring. Riprap or vegetated armoring on the bed or bank of a lake or flowage may be authorized under this general permit if it meets all of the requirements of s.
NR 328.04 (3) with the exception that it may be located in an area of special natural resource interest, and with additional limitations as follows:
NR 328.05(5)(a)
(a) Riprap or vegetated armoring may not exceed 200 linear feet of shoreline.
NR 328.05(5)(b)
(b) The project site is a moderate or high energy site; or a low energy site where the bank-edge recession described in s.
NR 328.08 (3) is equal to or greater than 0.5 feet per year and the applicant can show a biological erosion control structure was previously placed according to the standards in s.
NR 328.04 (3) and
(4).
NR 328.05 Note
Note: NR 328.08 (3) requires that the time between separate measurements shall equal or exceed 3 months during the open-water season.
NR 328.05 Note
Note: The applicant will satisfy the “equal to or greater than 0.5 feet per year" requirement by demonstrating that the bank-edge recession is equal to or greater than 1.5 inches per 3 months during the open-water season.
NR 328.05(5)(c)
(c) Riprap shall be clean fieldstone or quarry stone 6 to 24 inches in diameter.
NR 328.05(5)(d)
(d) The toe of the riprap may not extend more than 8 feet waterward of the ordinary high water mark.
NR 328.05(5)(e)
(e) The final riprap slope may not exceed (be steeper than) 2 feet horizontal to one foot vertical.
NR 328.05(5)(f)
(f) Riprap may not be placed at an elevation higher than the ordinary high water mark plus the storm-wave height as calculated in s.
NR 328.08 (1). For waters subject to subch.
II, riprap may not be placed at an elevation higher than the ordinary high water mark plus 1.5 times the storm-wave height calculated in s.
NR 328.08.
NR 328.05 Note
Note: The listed waters in subch. II are typified by following conditions – impounded; 2500 acres and larger; extensive water level fluctuation; high shoreline recession rates; historic loss of shoreline vegetation.
NR 328.05(5)(g)
(g) No fill material or soil may be placed in a wetland or below the ordinary high water mark of any navigable waterway.
NR 328.05(5)(h)
(h) The riprap shall follow the natural contour of the shoreline.
NR 328.05(5)(i)
(i) Filter cloth or clean-washed gravel shall be used as a filter layer under the riprap to extend the life of the structure, improve effectiveness and prevent soil erosion behind the riprap.
NR 328.05(5)(j)
(j) Riprap or other vegetated armoring along moderate energy sites shall be re-vegetated above the ordinary high water mark by using native shrub plantings, native live stakes or native jointed plantings.
NR 328.05 Note
Note: Erosion control treatments may include a 10-foot shoreline segment where plant establishment is not required for the purpose of ingress/egress associated with the placement of a pier or access to the waterway, or associated with public park activities.
NR 328.05(6)
(6)
Replacement of an existing seawall with riprap or vegetated armoring. Replacement of an existing seawall with riprap or vegetated armoring on the bed or bank of a lake or flowage may be authorized under this general permit if it meets all of the requirements of sub.
(5) (c) to
(j) and s.
NR 328.04 (3) with the exception that it may be located in an area of special natural resource interest, and may not exceed 500 linear feet.
NR 328.05(7)
(7)
Seawall replacement. Replacement of an existing seawall on the bed or bank of a navigable water adjacent to a riparian property may be authorized under this general permit if it meets all of the requirements and limitations:
NR 328.05(7)(a)
(a) The replacement may not exceed 100 feet of shoreline located on an inland lake or flowage of 300 acres or more.
NR 328.05(7)(b)
(b) Seawall replacement may be permitted only at the following locations:
NR 328.05(7)(b)1.
1. Municipal or commercial marinas where vertical docking facilities are a practical alternative after considering the public interest.
NR 328.05(7)(b)2.
2. Navigational channels actively used as thoroughfares or for access, where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, showing evidence of erosion, where alternative methods of erosion control would impede navigation.
NR 328.05(7)(b)3.
3. Locations where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, and where the applicant demonstrates that alternative measures are not practicable taking into consideration bank height and the location of other permanent structures on the property.
NR 328.05(7)(c)
(c) The seawall replacement shall incorporate an adequate footing to prevent settlement, tipping or undermining.
NR 328.05(7)(d)
(d) The seawall shall be attached, where appropriate, to tieback anchors placed on the upland to prevent or minimize tipping of the wall.
NR 328.05(7)(e)
(e) The seawall shall include weep holes where necessary to relieve hydrostatic pressure in upland soils. A filter fabric or gravel filter layer backing at weep holes shall be installed to facilitate drainage and prevent the loss of soil from behind the wall.
NR 328.05(7)(f)
(f) For locations identified in par.
(b) 3., rock riprap shall be placed in front of the seawall to dissipate wave energy, minimize scour at the base of the wall and provide aquatic habitat. Rock shall be placed to the top of the wall. Riprap shall be clean fieldstone or quarry stone 6 to 24 inches in diameter, placed at a slope not to exceed (be steeper than) 2 feet horizontal to one foot vertical, and may not extend more than 8 feet waterward of the face of the seawall.
NR 328.05(7)(g)
(g) Each end of the seawall shall be buried or keyed into the bank to prevent flanking.
NR 328.05(7)(h)
(h) The seawall may be built only high enough to prevent the over-topping by storm waves.
NR 328.05(7)(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 328.05(7)(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 328.05 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 328.05(7)(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 328.05(7)(i)4.
4. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 328.05(7)(i)5.
5. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 328.05 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 328.05(7)(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 328.05 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 328.05(7)(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 328.05 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 328.05(8)(a)
(a) Activities which do not meet the applicable standards in sub.
(3),
(4),
(5),
(6) or
(7) are otherwise ineligible for a general permit shall require an individual permit.
NR 328.05(8)(b)
(b) The department has authority under s.
30.206 (3r), Stats., to require an individual permit in lieu of a general permit.
NR 328.05 History
History: CR 02-099: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 07-094: cr. (7) (i)
Register November 2008 No. 635, eff. 12-1-08;
CR 09-123: am. (6)
Register July 2010 No. 655, eff. 8-1-10; correction in (2) made under s. 13.93 (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 328.06(1)(b)
(b) If the department determines that a proposal 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. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate one of the following:
NR 328.06(1)(b)1.
1. The project avoids impacts to the endangered or threatened species in accordance with s.
29.604, Stats.
NR 328.06(1)(c)
(c) If the applicant modifies the 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 a general permit.
NR 328.06(2)
(2)
Applicable activities. Any shore erosion control structure which is not exempt under s.
NR 328.04, is not authorized by a general permit under s.
NR 328.05, requires authorization by an individual permit pursuant to s.
30.12 (1), Stats.
NR 328.06(3)(a)(a)
Moderate or high energy site. Construction of new riprap at moderate or high energy sites which do not meet the general permit standards in s.
NR 328.05 may be authorized by an individual permit provided that the construction meets the standards in s.
30.12 (3m), Stats., and the rules promulgated thereunder.
NR 328.06(3)(b)
(b) Low energy site. Construction of new riprap at low energy sites may be authorized by an individual permit provided one of the following can be shown:
NR 328.06(4)
(4)
Seawalls. Seawalls meeting the standards in s.
30.12 (3m), Stats., may be authorized under an individual permit, except that seawalls at low energy sites may only be permitted in the following locations:
NR 328.06(4)(a)
(a) Municipal or commercial marinas where vertical docking facilities are a practical alternative after considering the public interest.
NR 328.06(4)(b)
(b) Navigational channels actively used as thoroughfares or for access, where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, showing evidence of erosion, where alternative methods of erosion control would impede navigation.
NR 328.06(4)(c)
(c) Locations where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, and where the applicant demonstrates that alternative measures are not practicable taking into consideration bank height and the location of other permanent structures on the property.
NR 328.06(5)
(5)
Analysis of individual permits. The department shall consider factual data from applicants regarding all of the following factors in evaluating individual permit applications:
NR 328.06 Note
Note: The Department's analysis of individual permits is not constrained to the general permit standards identified in s.
NR 328.05.
NR 328.06(5)(a)
(a) Whether shore protection measures allowed without permits or with a general permit would provide adequate erosion control.
NR 328.06(5)(b)
(b) The cumulative and individual impact on public rights and interests including fish and wildlife habitat, physical, chemical and biological effects on the adjacent waterway and natural scenic beauty including: interference with navigation and its incidents, i.e, swimming, boating, fishing and hunting; impacts on natural scenic beauty; and impacts on special concern, threatened or endangered species.
NR 328.06 Note
Note: Less developed areas of the lake or less developed lakes in general will experience greater impacts on natural scenic beauty from the structure and its activity than other more developed areas or lakes.
NR 328.06 Note
Note: Survey information indicates that special concern, threatened, or endangered species or their habitats are found near the site.
NR 328.06(5)(c)
(c) Impacts on littoral zone and nearshore habitat including: 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; designated sensitive areas, spawning or nursery habitat.; change in nearshore substrate that reduces its suitability for habitat.
NR 328.06 Note
Note: The structure and its associated activity located in or near spawning/nursery habitats or designated sensitive areas.
NR 328.06(5)(d)
(d) The erosion exposure of the project site based on site-specific conditions, including ice and the presence of natural ice ridges.
NR 328.06(5)(e)
(e) The effect of the project on the adjoining upland and its ability to prevent erosion and sedimentation into the waterway.
NR 328.06(5)(f)
(f) Whether project designs or specific conditions can avoid or reduce impacts of the structure. Designs shall have high likelihood of success, and duration equal to the life-span of the structure.
