NR 329.04(2)(d)16.
16. Construction of the ford may not occur during periods of high stream flow or high water conditions where the flow is not confined to the immediate stream channel.
NR 329.04(2)(e)2.
2. A boat landing may not be located in an area of special natural resource interest, except for boat landings constructed and maintained by a local, state or federal agency. However, no boat landing may be placed within a public rights feature as described in s.
NR 1.06.
NR 329.04(2)(e)4.
4. A boat landing shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch.
NR 326.
NR 329.04(2)(e)5.
5. A boat landing shall be designed and constructed to prevent structural failure caused by wave, wind or ice action and shall be maintained in good condition at all times.
NR 329.04(2)(e)6.
6. Material removed or excavated to construct the boat landing may not be placed in a wetland, floodway or below the ordinary high water mark of any navigable waterway.
NR 329.04(2)(e)7.
7. A boat landing shall consist of a 6- to 24-inch layer of crushed rock, a 6- to 18-inch layer of crushed rock capped with a 4-inch minimum thickness pre-cast reinforced concrete planks or a cast-in-place reinforced concrete slab, each with a 6- to 18-inch crushed rock base. Pre-cast planks shall be connected to prevent displacement.
NR 329.04(2)(e)8.
8. A boat landing shall have a slope no steeper than 7 foot horizontal to one foot vertical (7H:1V) and may not exceed 50 feet in length or beyond the line of navigation, whichever is less.
NR 329.04(2)(e)10.
10. A boat landing shall have rock riprap toe protection at the lakeward end of the landing which may not extend above the natural level of the bottom of the waterway.
NR 329.04(2)(e)11.
11. The side slopes of the excavated banks on either side of the boat landing may not exceed 2 feet horizontal to one foot vertical (2H:1V).
NR 329.04(2)(e)12.
12. Cofferdams used for site de-watering shall consist only of clean recoverable materials such as sandbags or plywood sheeting, and all materials shall be removed immediately following project completion.
NR 329.04(2)(e)13.
13. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the construction and may not exceed 10,000 square feet.
NR 329.04(2)(e)14.
14. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.
NR 329.04(2)(e)15.
15. Construction of the boat landing shall minimize the removal of trees, shrubs and other shoreline vegetation above the ordinary high water mark.
NR 329.04 Note
Note: Local zoning ordinances may place restrictions on cutting trees in the shoreland zone. The riparian is responsible for ensuring that their project is in compliance with any local zoning requirements.
NR 329.04(2)(f)1.1. A weed rake may not be located in an area of special natural resource interest or within a public rights feature as described in s.
NR 1.06 and may not be located within a floating bog.
NR 329.04(2)(f)2.
2. The weed rake shall be placed and maintained only by a riparian.
NR 329.04(2)(f)3.
3. The weed rake shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch.
NR 326.
NR 329.04(2)(f)4.
4. The weed rake shall be attached, as an appurtenance to a pier or structure that has been authorized by the department or is otherwise exempt from the permit requirements of ch.
30, Stats.
NR 329.04(2)(f)5.
5. The weed rake boom radius may not exceed 24 feet in length, may not be operated in a manner as to alter the natural configuration of the bed of the waterway and may not disturb bottom sediments in water depths greater than 3 feet.
NR 329.04(2)(f)6.
6. The weed rake may only be attached or operated on a single side of a pier or structure and may not be moved from side to side of a pier within the same open water season.
NR 329.04(2)(f)7.
7. The weed rake may not be operated unattended for more than 5 days of continuous operation.
NR 329.04(2)(f)8.
8. The riparian is responsible for removing vegetation that has been dislodged or cut within their riparian zone as required under s.
NR 109.08 (3).
NR 329.04(2)(f)9.
9. The weed rake may not result in the disturbance or removal of more than 1,200 square feet of native hydrophytic vegetation.
NR 329.04(2)(g)
(g) Dry fire hydrant standards. A dry fire hydrant may be authorized under a general permit if the activity meets all of the requirements of subs.
(1) (c) and
(d) and
(2) (c) with the exception of sub.
(1) (c) 1. NR 329.04(2)(h)
(h) Intake or outfall structure standards. An intake or outfall structure may be authorized under a general permit if the activity is not located in a public rights feature as described in s.
NR 1.06, and meets all the requirements of subs.
(1) (c) 2.,
3. and
4.,
(e) and
(2) (c).
NR 329.04(2)(j)1.1. A pea gravel blanket may not be located in an area of special natural resource interest or in a public rights feature.
NR 329.04(2)(j)2.
2. A pea gravel blanket shall only be placed in a lake, pond or flowage, and only by a riparian.
NR 329.04(2)(j)3.
3. A pea gravel blanket shall be placed entirely within the riparian's zone of interest as determined by one of the methods outlined in ch.
NR 326.
NR 329.04(2)(j)5.
5. A pea gravel blanket shall consist of clean, washed stone and may not contain any fine materials.
NR 329.04(2)(j)7.
7. A pea gravel blanket shall only be placed in water depths not to exceed 3 feet under normal summer water level conditions.
NR 329.04(2)(j)8.
8. A pea gravel blanket may not include the placement of any fabric below the gravel.
NR 329.04(2)(j)9.
9. A pea gravel blanket may not be placed in an area where the muck depth is less than 6 inches.
NR 329.04(2)(j)10.
10. A pea gravel blanket may not be placed in an area of naturally occurring sand, rock or gravel bottom.
NR 329.04(2)(j)11.
11. A pea gravel blanket may not be placed in an area where native aquatic plants are present or have been known to be present.
NR 329.04(2)(j)12.
12. A pea gravel blanket may not be in an area where sand, rock or gravel has been placed in the past.
NR 329.04(2)(j)13.
13. A pea gravel blanket permit is for a one-time placement of pea gravel only.
NR 329.04 Note
Note: Additional pea gravel placement requires an individual permit.
NR 329.04(2)(k)2.
2. The department has authority under s.
30.206 (3r), Stats., to require an individual permit in lieu of a general permit.
NR 329.04(3)(a)2.
2. 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 an individual permit until the applicant submits documentation to demonstrate one of the following:
NR 329.04(3)(a)2.a.
a. The project avoids impacts to the endangered or threatened species in accordance with s.
29.604, Stats.
NR 329.04(3)(a)3.
3. If the applicant modifies their project plans to meet the requirements of subd.
2., the modified plans shall be submitted before the department can consider the application complete or issue an individual permit.
NR 329.04(3)(b)
(b) Applicable activities. Any structure which is not exempt under sub.
(1), or is not authorized by a general permit under sub.
(2), requires authorization by an individual permit pursuant to s.
30.12 (3m) (c), Stats.
NR 329.04(3)(c)
(c) Standards. A structure meeting the standards in s.
30.12 (3m), Stats., may be authorized under an individual permit.
NR 329.04(4)
(4)
Existing permits. A structure regulated under this chapter which is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit. Any modifications to the structure that do not comply with the original permit conditions shall require a new individual permit and shall comply with all standards in this section.
NR 329.04 History
History: CR 04-062: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 05-037: am. (2) (b), renum. (2) (j) to be (2) (k) and am., cr. (2) (j)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-094: cr. (1) (c) 5. and (2) (c) 4.
Register November 2008 No. 635, eff. 12-1-08; correction in (2) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register May 2013 No. 689;
CR 22-13: am. (1) (a), (2) (a), (3) (a) 1. Register June 2023 No. 810, eff. 7-1-23.
NR 329.05(1)(1)
Noncompliance with the provisions of ss.
30.12,
30.20 and
30.206, Stats., this chapter, or any conditions of an exemption, general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture, fine or imprisonment. The department may seek abatement under s.
30.294, Stats., for any activity in violation of ss.
30.12,
30.20 and
30.206, Stats.
NR 329.05(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 329.05(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 329.05(4)
(4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.
NR 329.05(5)
(5) No person may place a boat ramp, dry fire hydrant, ford, intake or outfall structure, weed rake or piling in 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 329.05 History
History: CR 04-062: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 22-013: am. (3) Register June 2023 No. 810, eff. 7-1-23.
