NR 320.03(9)
(9) “Maintain" means to repair, replace, own or possess all or a portion of a structure.
NR 320.03(10)
(10) “Municipal highway bridge" means any city, town, village or county owned structure built in or over a navigable waterway for public highway purposes.
NR 320.03(11)
(11) “Navigable waterway" means any body of water with a defined bed and bank, which is navigable under the laws of the state. In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.
NR 320.03 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 320.03(12)
(12) “Ordinary high water mark" or “OHWM" means the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognized characteristic.
NR 320.03(13)
(13) “Perched culvert" means a culvert where the inlet or outlet elevation is higher than the streambed elevation, thereby effectively reducing or eliminating fish migration and fish passage.
NR 320.03(14)
(14) “Professionally engineered" means designed by a person registered as a professional engineer under s.
443.04, Stats., and ch.
A-E 4.
NR 320.03(15)
(15) “Replacement" means a degree of structural changes to a bridge or culvert by which some or all of the bridge or culvert is being removed or recreated.
NR 320.03(16)
(16) “Riprap" means a layer or layers of rock, including filter material, placed on the bed and bank of a navigable waterway to prevent erosion, scour or sloughing of the existing bank.
NR 320.03(17)
(17) “Temporary in-stream crossing" means any private or public structure placed within the channel of a navigable stream for 160 days or less to provide a walkway or roadway for pedestrians, animals or vehicles.
NR 320.04
NR 320.04 Bridge and culvert clearance over navigable waterway. NR 320.04(1)(1)
New bridges or culverts or replacements of existing bridges and culverts spanning navigable waterways, shall, except as provided in this section, maintain a clearance of not less than 5 feet.
NR 320.04(2)
(2) The department may require clearance of more than 5 feet when the waterway has been or is likely to be navigated when it is above its ordinary high water mark elevation or if it is used by watercraft or snowmobiles requiring greater clearance.
NR 320.04(3)
(3) The department may allow less than 5 feet of navigation clearance when all of the following apply:
NR 320.04(3)(a)
(a) The waterway is known to have little or no navigation or snowmobile use.
NR 320.04(3)(b)
(b) The waterway is not anticipated to have navigational use by other than lightweight craft.
NR 320.04(3)(c)
(c) The owner provides a portage over or around the bridge or culvert.
NR 320.04(3)(d)
(d) The reduced clearance would not be detrimental to the public interest.
NR 320.04 History
History: CR 04-084: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 06-038: r. (4) and (5)
Register January 2007 No. 613, eff. 2-1-07.
NR 320.05
NR 320.05 Bridge enforcement for municipal highway bridges. Upon receipt of written complaint, the department shall investigate the construction or maintenance of any municipal highway bridge. In evaluating complaints, the department shall apply the principles in
Capt. Soma Boat Line, Inc. v. City of Wisconsin Dells (
56 Wis. 2d 838 NR 320.05(1973)(1973) ) to determine what course of action it will follow in the case. The department shall apply the clearance standards in this chapter in determining whether a municipal highway bridge constitutes an obstruction to navigation.
NR 320.05 History
History: CR 04-084: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 320.06(1)(b)
(b) Applicable activities. A replacement of a culvert that meets all the standards in par.
(c) shall be exempt under s.
30.123 (6) (e), Stats. A replacement of a previously permitted culvert that meets all the standards in par.
(d) shall be exempt under s.
30.123 (6) (d), Stats.
NR 320.06 Note
Note: Section 30.123 (6) (e), Stats., was repealed by
2015 Wis. Act 55.
NR 320.06 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 320.06(1)(c)
(c) Standards to replace a culvert that does not exceed 24-inches in diameter. NR 320.06(1)(c)1.1. The culvert may not be located in an area of special natural resource interest, in a public rights feature as described in s.
NR 1.06, or in navigable tributaries to surface waters identified as trout streams by the department in s.
NR 1.02 (7).
NR 320.06(1)(c)2.
2. The culvert may not exceed 24 inches in diameter, span or width.
NR 320.06(1)(c)3.
3. For a culvert replacement to be considered exempt, the culvert must be in place or documented to have been in place in the past 3 years.
NR 320.06 Note
Note: The historical presence of a culvert that is no longer in place or was not in place in the past 3 years does not constitute a replacement.
NR 320.06(1)(c)4.
4. The replacement culvert shall be an in-kind replacement of a single culvert of the same cross-sectional area and of equal or shorter length of culvert that is being replaced.
NR 320.06(1)(c)5.
5. The required culvert area may not exceed 3 square feet as calculated in s.
NR 320.07 (1), to ensure that a 24-inch culvert adequately passes stream flow and is not likely to create a ponded condition upstream.
NR 320.06(1)(c)6.
6. Culvert replacement and installation shall mimic the natural streambed and gradient above and below the culvert channel. Perched culverts are not in compliance with this condition.
NR 320.06 Note
Note: A culvert which is part of a structure that functions as a dam requires an approval or permit under ch.
31, Stats.
NR 320.06(1)(c)7.
7. Both ends of the culvert shall be installed so 4 to 6 inches lies below the bed of the waterway.
NR 320.06(1)(c)8.
8. Culvert inlets may not be capped with screens, bars or any other means, with the exception of beaver control procedures, that prevents movement of fish or wildlife or collects debris. Culvert openings shall be inspected at least once a year for debris and any obstructions shall be removed.
NR 320.06(1)(c)9.
9. The culvert shall be designed to prevent washout. Culverts shall be long enough so road fill does not extend beyond the ends of the culvert. The culvert shall be no longer than the sum of the width of the roadtop, the slide slopes, and additional one foot on each side as calculated in s.
NR 320.07 (3). The culvert shall extend at least one foot beyond the fill. The channel shall be protected with 3 to 12 inch diameter variable sized riprap extending horizontally at least 2 times the culvert diameter from the end of the culvert. Riprap placement shall include an adequate filter layer or filter fabric.
NR 320.06 Note
Note: Prefabricated culvert end sections may be a viable alternative to stabilization with rip rap.
NR 320.06(1)(c)10.
10. Clean fill material shall be firmly compacted around the culvert. The culvert shall be designed or protected to prevent crushing.
NR 320.06(1)(c)11.
11. Dredging under s.
30.20 (1g) (b) 1., Stats., and deposition of sand, gravel or stone on the stream bed under s.
30.12 (1g) (a), Stats., may be associated with the replacement of a culvert provided dredging is limited to the volume necessary to bury the culvert as required in subd.
5. and the deposit is limited to the area immediately underneath or within 2 feet of the culvert.
NR 320.06(1)(c)12.
12. Culvert replacement is prohibited from March 15 to June 1 annually to minimize adverse impacts on fish movement, fish spawning, egg incubation periods and high stream flows. Where emergency replacement is necessary to access an existing residence or agricultural lands, the culvert may be replaced during this time period if construction can be completed within 6 hours.
NR 320.06(1)(c)13.
13. Erosion control measures shall meet or exceed the technical standards for erosion control approved by the department under subch.
V of ch. NR 151. Any area where topsoil is exposed during construction shall be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.
NR 320.06(1)(c)14.
14. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices shall be removed upon final site stabilization. Areas disturbed during construction or installation shall be restored.
NR 320.06(1)(c)15.
15. 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.
15. a. to
c. or
h. Decontamination shall include either subd.
15. 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 320.06(1)(c)15.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 320.06 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 320.06(1)(c)15.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 320.06(1)(c)15.d.
d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 320.06(1)(c)15.e.
e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 320.06 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 320.06(1)(c)15.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 320.06 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 320.06(1)(c)15.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 320.06 Note
Note: 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 320.06 Note
Note: Equipment shall be operated from the roadway or streambank only (see s.
30.29, Stats).
NR 320.06 Note
Note: A permit is required under s.
30.19, Stats., and ch.
NR 341 if land disturbance or excavation exceeds 10,000 square feet on the bank of the navigable waterway.
NR 320.06(1)(d)1.1. A culvert that is authorized by a permit issued under s.
30.12 or
30.123, Stats., may be replaced provided the construction, placement and maintenance will comply with the same conditions of the original permit.
NR 320.06 Note
Note: If changes to land use, flood flows, or navigational patterns have occurred since a culvert was originally permitted, the initial standards may no longer be appropriate and may need to be modified.
NR 320.06(1)(d)2.
2. Both ends of the culvert shall be installed so a minimum of 4
‶ with a maximum of 8
‶ of a round culvert or 6
‶ of a pipe arch culvert lies below the bed of the waterway.
NR 320.06 Note
Note: In most cases, the pipe arch culvert is the recommended culvert design because it is effective in low clearance installations, generally requires less fill, and the wider bottom allows for the better retention of natural substrates.
NR 320.06(1)(d)3.
3. Erosion control measures shall meet or exceed the technical standards for erosion control approved by the department under subch.
V of ch. NR 151. Any area where topsoil is exposed during construction shall be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.
NR 320.06(1)(d)4.
4. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices shall be removed upon final site stabilization. Areas disturbed during removal shall be restored.
NR 320.06(1)(d)5.
5. A deposit of sand, gravel or stone under s.
30.12 (1g) (a), Stats., may be associated with the replacement of a culvert provided the deposit is limited to the area immediately underneath or within 2 feet of the culvert.
NR 320.06(1)(d)6.
6. Dredging under s.
30.20 (1g) (b) 1., Stats., is allowed for the replacement of a culvert provided it is limited to the volume necessary to bury the culvert as required in subd.
2. NR 320.06(1)(d)7.
7. 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.
7. a. to
c. or
h. Decontamination shall include either subd.
7. 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 320.06(1)(d)7.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 320.06 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 320.06(1)(d)7.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 320.06(1)(d)7.d.
d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 320.06(1)(d)7.e.
e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 320.06 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 320.06(1)(d)7.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 320.06 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 320.06(1)(d)7.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 320.06 Note
Note: 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.
