Chapter NR 102

NR 102.06(3)(a)27. 27. Mississippi River main channels and side channels.

NR 102.06(3)(a)28. 28. Namekagon River from outlet of Trego Lake near Trego to St. Croix River.

NR 102.06(3)(a)29. 29. Oconto River from confluence with Peshtigo Brook to the opening at the end of the piers at Green Bay.

NR 102.06(3)(a)30. 30. Pecatonica River from confluence with Vinegar Branch near Darlington to state line.

NR 102.06(3)(a)31. 31. Pelican River from confluence with Slaughterhouse Creek near Rhinelander to Wisconsin River.

NR 102.06(3)(a)32. 32. Peshtigo River from confluence with Brandywine Creek downstream to Green Bay, excluding Cauldron Falls Flowage and High Falls Flowage.

NR 102.06(3)(a)33. 33. Pine River from confluence with Popple River in Florence County to Menominee River, excluding Pine River Flowage.

NR 102.06(3)(a)34. 34. Red Cedar River from confluence with Brill River to Chippewa River, excluding Rice Lake, Tainter Lake and Lake Menomin.

NR 102.06(3)(a)35. 35. Rock River from outlet of Sinissippi Lake downstream to the state line, excluding Lake Koshkonong.

NR 102.06(3)(a)36. 36. St. Croix River from confluence with Namekagon River downstream to Mississippi River, excluding Lake St. Croix near Hudson.

NR 102.06(3)(a)37. 37. St. Louis River from state line to the opening between Minnesota Point and Wisconsin Point at Lake Superior.

NR 102.06(3)(a)38. 38. Sheboygan River from outlet of Sheboygan Marsh to the opening at the end of the piers at Lake Michigan.

NR 102.06(3)(a)39. 39. South Fork of Flambeau River from state highway 13 near Fifield to Flambeau River.

NR 102.06(3)(a)40. 40. Sugar River from outlet of Albany Lake to state line, excluding Decatur Lake.

NR 102.06(3)(a)41. 41. Tomahawk River from outlet of Willow Reservoir to Lake Nokomis.

NR 102.06(3)(a)42. 42. Trempealeau River from confluence with Pigeon Creek near Whitehall to Mississippi River.

NR 102.06(3)(a)43. 43. White River from outlet of White River Flowage in Ashland County to Bad River.

NR 102.06(3)(a)44. 44. Wisconsin River from the Rhinelander Dam to Mississippi River, excluding Lake Alice, Lake Mohawksin, Alexander Lake, Lake Wausau, Mosinee Flowage, Lake Dubay, Wisconsin River Flowage, Biron Flowage, Petenwell Flowage, Castle Rock Flowage and Lake Wisconsin.

NR 102.06(3)(a)45. 45. Wolf River from confluence with Hunting Creek in Langlade County to Lake Poygan.

NR 102.06(3)(a)46. 46. Yahara River from outlet of Lake Kegonsa to Rock River.

NR 102.06(3)(b) (b) Except as provided in subs. (6) and (7), all other surface waters generally exhibiting unidirectional flow that are not listed in par. (a) are considered streams and shall meet a total phosphorus criterion of 75 ug/L.

NR 102.06(3)(c) (c) An impounded flowing water shall meet the river or stream criterion in par. (a) or (b) that applies to the primary stream or river entering the impounded water.

NR 102.06(4) (4) Reservoirs and lakes. Except as provided in subs. (6) and (7), to protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5), total phosphorus criteria are established for reservoirs and lakes as follows:

NR 102.06(4)(a) (a) For stratified reservoirs, total phosphorus criterion is 30 ug/L. For reservoirs that are not stratified, total phosphorus criterion is 40 ug/L.

NR 102.06(4)(b) (b) For the following lakes that do not exhibit unidirectional flow, the following total phosphorus criteria are established:

NR 102.06(4)(b)1. 1. For stratified, two-story fishery lakes, 15 ug/L.

NR 102.06(4)(b)2. 2. For lakes that are both drainage and stratified lakes, 30 ug/L.

NR 102.06(4)(b)3. 3. For lakes that are drainage lakes, but are not stratified lakes, 40 ug/L.

NR 102.06(4)(b)4. 4. For lakes that are both seepage and stratified lakes, 20 ug/L.

NR 102.06(4)(b)5. 5. For lakes that are seepage lakes, but are not stratified lakes, 40 ug/L.

NR 102.06(5) (5) Great lakes. To protect fish and aquatic life uses established in s. NR 102.04 (3) and recreational uses established in s. NR 102.04 (5) on the Great Lakes, total phosphorus criteria are established as follows:

NR 102.06(5)(a) (a) For both open and nearshore waters of Lake Superior, 5 ug/L.

NR 102.06(5)(b) (b) For both open and nearshore waters of Lake Michigan, excluding waters identified in par. (c), 7 ug/L.

NR 102.06(5)(c) (c) For the portion of Green Bay from the mouth of the Fox River to a line from Long Tail Point to Point au Sable, the water clarity and other phosphorus-related conditions that are suitable for support of a diverse biological community, including a robust and sustainable area of submersed aquatic vegetation in shallow water areas.

NR 102.06(6) (6) Exclusions. The following waters are excluded from subs. (3) (b), (4) and (5):

NR 102.06(6)(a) (a) Ephemeral streams.

NR 102.06(6)(b) (b) Lakes and reservoirs of less than 5 acres in surface area.

NR 102.06(6)(c) (c) Wetlands, including bogs.

NR 102.06(6)(d) (d) Waters identified as limited aquatic life waters in ch. NR 104. Limited aquatic life waters are those subject to the criteria in s. NR 104.02 (3) (b) (2).

NR 102.06(7) (7) Site-specific criteria.

NR 102.06(7)(a) (a) A criterion contained within this section may be modified by rule for a specific surface water segment or waterbody. A site-specific criterion may be adopted in place of the generally applicable criteria in this section where site-specific data and analysis using scientifically defensible methods and sound scientific rationale demonstrate a different criterion is protective of the designated use of the specific surface water segment or waterbody. Procedures for developing site-specific criteria for phosphorus are established in ch. NR 119.

NR 102.06 Note Note: Assessment procedures for site-specific phosphorus criteria are the same as those for statewide phosphorus criteria under s. NR 102.07, unless otherwise specified.

NR 102.06(7)(b) (b) Site-specific criteria apply to the following waterbodies to protect fish and aquatic life uses and recreational uses:

NR 102.06(7)(b)1. 1. For Castle Rock Lake, the total phosphorus criterion is 55 ug/L.

NR 102.06(7)(b)2. 2. For Petenwell Lake, the total phosphorus criterion is 53 ug/L.

NR 102.06(7)(b)3. 3. For Lake Wisconsin, the total phosphorus criterion is 47 ug/L.

NR 102.06(7)(b)4. 4. For Lac Courte Oreilles, a stratified two-story fishery lake, the total phosphorus criterion is 10 ug/L. Attainment of the criterion is determined by taking samples within 2 meters of the surface at the deepest points of the lake’s two-story fishery basins: East, Central, and West Basins. If the criterion is not attained at any one of the 3 deep points, then the lake as a whole, including the bays, is not attaining the criterion.

NR 102.06 Note Note: Reservoirs, two-story fishery lakes and water bodies with high natural background phosphorus concentrations are the most appropriate water bodies for site-specific criteria.

NR 102.06 History History: Cr. Register, July, 1975, No. 235, eff. 8-1-75; am. Register, October, 1986, No. 370, eff. 11-1-86; renum. from NR 102.04, Register, February, 1989, No. 398, eff. 3-1-89; am. Register, November, 1992, No. 443, eff. 12-1-92; CR 10-035: r. and recr. Register November 2010 No. 659, eff. 12-1-10; renumbering of (2) (fm) made under s. 13.92 (4) (b) 1., Stats., Register November 2010 No. 659; CR 19-083: am. (4) (intro.), renum. (7) to (7) (a), cr. (7) (b) Register May 2020 No. 773, eff. 6-1-20; CR 10-093: am. (7) (a) Register September 2022 No. 801, eff. 10-1-22; CR 19-094: am. (1), (2) (intro.), renum. (2) (a), (f), (fm), (g), (i), (j) to NR 102.03 (1o), (4s), (6e), (6m), (6s), (7m) and, as renumbered, am. (6m), (6s), r. and recr. (3) (title), renum. (4) (c) to (3) (c) and am. Register September 2022 No. 801, eff. 10-1-22; CR 22-082: cr. (7) (b) 4. Register January 2024 No. 817, eff. 2-1-24.

NR 102.07 NR 102.07 Assessing phosphorus concentration.

NR 102.07(1) (1) Data requirements.

NR 102.07(1)(a) (a) Lakes and reservoirs. The total phosphorus criteria specified in s. NR 102.06 (4) apply to samples taken near a lake or reservoir’s deepest point, within 2 meters of the surface. For assessment purposes samples shall, whenever possible, be taken at least once per month for 3 months during the sampling period of June 1 to September 15. The department shall calculate a lake or reservoir’s arithmetic mean total phosphorus concentration using at least 2 years of data from the sampling period.

NR 102.07 Note Note: Reservoirs, multi-lobed lakes, or very large lakes may need more than one sampling station to assess the lake.

NR 102.07(1)(b) (b) Flowing waters. The total phosphorus criteria specified in s. NR 102.06 (3) apply to samples taken from the main channel near the area with greatest flow. For assessment purposes samples shall, whenever possible, be taken at least once per month for 6 months during the sampling period of May 1 to October 31. The department shall calculate the median total phosphorus concentration for a stream, river, or impounded flowing water using at least one year of data from the sampling period.

NR 102.07(1)(c) (c) Assessment timeframe for lakes, reservoirs and flowing waters.

NR 102.07(1)(c)1. 1. In this paragraph, “weather-controlled total phosphorus concentration” means a waterbody’s mean or median total phosphorus concentration during the applicable assessment period, estimated from measured data while controlling for weather variability using a method such as the department’s Phosphorus Mixed Effects Regression calculation method.

NR 102.07(1)(c)2. 2. All representative data from the most recent 5 years shall be used for assessments, but data from the most recent 10 years may be used if representative of current conditions. If fewer than the recommended number of samples in par. (a) or (b) are available, the department may be able to make an assessment determination on a case-by-case basis. The department may calculate a site’s weather-controlled total phosphorus concentration to correct for weather variability and use this value to make an assessment determination in place of the mean or median calculated under par. (a) or (b).

NR 102.07 Note Note: A mean total phosphorus concentration is used for lakes or reservoirs; a median concentration is used for streams, rivers, or impounded flowing waters. Total phosphorus data may be submitted and weather-controlled concentrations can be obtained by contacting the department at [e-mail] for access to the department’s SWIMS database. The statistical computer programming script to run the Phosphorus Mixed Effects Regression calculation can be obtained through the department’s Water Evaluation Section by contacting the department’s call center at 1-888-WDNRINFo (1-888-936-7463) or using options provided on its website at https://dnr.wi.gov/contact/.

NR 102.07 Note Note: The procedures in pars. (b) to (c) are also used for determining upstream concentrations of phosphorus under s. NR 217.13 (2) (d) for purposes of calculating a water-quality based effluent limit for a Wisconsin pollutant discharge elimination system (WPDES) permit.

NR 102.07(2) (2) Exceedance determination. The department shall compare the mean or median calculated under sub. (1) to the waterbody’s applicable total phosphorus criterion specified in s. NR 102.06 to determine whether the waterbody is exceeding the criterion. To determine whether additional data are needed to make an attainment decision for section 303 (d) listing purposes, the department shall apply the confidence interval approach in s. NR 102.52 (2) (b) to (c). If application of those methods indicates that the waterbody is exceeding the phosphorus criterion, the department shall propose to include the waterbody on the section 303 (d) list as impaired for total phosphorus unless the department determines the waterbody is not exhibiting a biological response to phosphorus as specified in s. NR 102.60.

NR 102.07 History History: CR 19-094: cr. Register September 2022 No. 801, eff. 10-1-22.

NR 102.10 NR 102.10 Outstanding resource waters.

NR 102.10(1) (1) The following surface waters are designated as outstanding resource waters:

NR 102.10(1)(a) (a) National wild and scenic rivers. All rivers designated under the national wild and scenic rivers act, as amended, 16 USC 1271 to 1287, except those portions flowing through Indian reservations, including:

NR 102.10(1)(a)1. 1. St. Croix river between the northern boundary of the Hudson city limits and the St. Croix flowage dam in Douglas county except that the portion of the St. Croix river from the northern boundary of the St. Croix Falls city limits to a distance one mile below the STH 243 bridge at Osceola shall be classified exceptional resource waters under s. NR 102.11.

NR 102.10(1)(a)2. 2. Namekagon river between its confluence with the St. Croix river and the outlet of Lake Namekagon in Bayfield county.

NR 102.10(1)(b) (b) State wild and scenic rivers. All state wild and scenic rivers designated under s. 30.26, Stats., including:

NR 102.10(1)(b)1. 1. Pike river and its headwater branches in Marinette county.

NR 102.10(1)(b)2. 2. Pine river and its headwater branches in Florence and Forest counties.

NR 102.10(1)(b)3. 3. Popple River and its headwater branches in Florence and Forest counties.

NR 102.10(1)(b)4. 4. The portion of the Brunsweiler River (Martin Hanson Wild River) from the point in Ashland County at which it leaves T44N R4W S22 QSW QQSW downstream to the point at which it crosses the boundary of the Chequamegon-Nicolet National Forest at T45N R4W S22 QNW.

NR 102.10(1)(b)5. 5. Portions of the Totagatic River in Bayfield, Sawyer, Washburn, Douglas, and Burnett Counties as described in the following table:

SEG 1: From the outlet of Totogatic Lake located in Bayfield County to the upstream end of Nelson Lake at the southern edge of the walleye spawning refuge located in Sawyer County.

SEG 2: From a point 500 feet below the dam in the Totogatic Wildlife Area located in Washburn County to the upstream end of the Colton Flowage located in Washburn County.

SEG 3: From a point 500 feet below the dam that forms the Colton Flowage located in Washburn County to the point where the river crosses the Washburn-Douglas County line immediately above the upstream end of the Minong Flowage.

SEG 4: From the bridge on CTH “I” that crosses the river located in Washburn County to the confluence of the river with the Namekagon River located in Burnett County.

NR 102.10 Note Note: Section NR 302.02 (1) contains a detailed description of the extent of the Pike, Pine, and Popple river systems designated as Wild Rivers.

NR 102.10(1)(c) (c) Wolf river upstream of the northern Menominee county line.

NR 102.10(1)(d) (d) The following Class I trout waters:

NR 102.10(1)(d)1. 1. Adams county — Big Roche-a-Cri creek

NR 102.10(1)(d)2. 2. Barron county — Yellow river

NR 102.10(1)(d)3. 3. Bayfield county — Flag river, Sioux river

NR 102.10(1)(d)4. 4. Burnett county — North Fork Clam river, South Fork Clam river

NR 102.10(1)(d)5. 5. Chippewa county — Duncan creek, Elk creek, McCann creek

NR 102.10(1)(d)6. 6. Dane county — Black Earth creek above the easternmost CTY KP crossing

NR 102.10(1)(d)7. 7. Door county — Logan creek

NR 102.10(1)(d)8. 8. Douglas county — Bois Brule river and its tributaries including the waters of Lake Superior within a ¼ mile semi-circular arc centered at the middle of the river mouth

NR 102.10(1)(d)9. 9. Dunn county — Elk creek

NR 102.10(1)(d)10. 10. Florence county — Brule river including Montagne creek and Riley creek tributaries; tributaries to the Pine-Popple rivers including Chipmunk, Cody, Haley, Haymarsh, Lamon Tangue, Lepage, Lunds, Martin, Olson, Patten, Pine, Riley, Rock, Simpson, Seven Mile, Wakefield and Woods creeks; Little Popple river (T38N R19E S3)