Register March 2014 No. 699
Chapter NR 327
BARGE FLEETING IN NAVIGABLE WATERWAYS
NR 327.01 Purpose and policy.
NR 327.07 Barge fleeting permits.
NR 327.01(1)
(1) Pursuant to ss.
29.604 (4),
30.10 (2),
30.15,
30.19,
30.20,
30.61 (6) (a),
30.68 (8),
30.74 (2), and
281.31, Stats., the department of natural resources promulgates this chapter regulating the practice of barge fleeting in order to protect public rights and interest in navigable waters; to protect the public health, safety and welfare; to protect fish and wildlife habitat; and to preserve the scenic beauty of the navigable waters of the state of Wisconsin.
NR 327.01(2)
(2) It is the natural resources board policy to permit strategically located barge fleeting facilities on the navigable waters of the state of Wisconsin in a manner consistent with the state's role as trustee of its navigable waters and with the Wisconsin environmental policy act. To achieve this objective, the department will coordinate, to the fullest extent practicable, the promulgation and administration of these administrative rules with affected municipalities, the Wisconsin department of transportation, the U.S. army corps of engineers, the U.S. coast guard, the states of Illinois, Iowa and Minnesota, and other agencies and interest groups.
NR 327.01 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register January 2002 No. 553;
correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2005 No. 592.
NR 327.02
NR 327.02
Applicability. This chapter is applicable to existing and future barge fleeting activities in the Wisconsin portions of the Mississippi river and its tributaries. It regulates the use of those waters for barge fleeting, including the installation of structures, physical site modification such as dredging, and operation of fleeting equipment and maneuvering of barges within the fleet. This chapter applies in addition to any federal or local regulations which also regulate barge fleeting.
NR 327.02 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82.
NR 327.03(1)(1) “
Anchor" means a device placed in the bed of a waterway or on the adjacent upland and used to hold barges or other vessels in place while in the fleeting area.
NR 327.03(2)
(2) “Barge fleeting" means the temporary storage of barges and the disassembly and assembly of barge tows. It does not include the temporary mooring of line tows or loading or unloading operations.
NR 327.03(3)
(3) “Deadman" means an anchor buried in the upland adjacent to a fleeting area.
NR 327.03(4)
(4) “Department" means the Wisconsin department of natural resources.
NR 327.03(5)
(5) “Dolphins" means a closely grouped cluster of piles driven into the bed of a waterway and tied together so that the group acts as a unit to withstand lateral forces from vessels or other floating objects.
NR 327.03(6)
(6) “Fleeting area" means an area delineated in a permit which is used for barge fleeting.
NR 327.03(7)
(7) “Mooring barge" means a barge held in place by anchors or spuds and used to moor other barges during their stay in the fleeting area.
NR 327.03(8)
(8) “Mooring cell" means a sheet pile structure, usually filled with earth, stone, or concrete and used to hold barges or other vessels in place.
NR 327.03(9)
(9) “Operator" means any person who operates a barge fleeting area.
NR 327.03(10)
(10) “Person" means any individual, firm, partnership, joint venture, joint stock company, association, public or private corporation, municipality, cooperative, estate, trust, receiver, executor, administrator, fiduciary and any representative appointed by order of any court or otherwise acting on behalf of others.
NR 327.03(11)
(11) “Riparian rights" means the legal rights that assure the owner of land abutting a stream or lake access to or use of the water.
NR 327.03 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82.
NR 327.04(1)(1) No operator may engage in barge fleeting activities in navigable waters of the state without complying with this chapter, except that fleeting activities in existence on December 1, 1982 may continue without a permit until a final permitting decision is made, provided a permit application is filled with the department by April 1, 1983. An applicant for a barge fleeting permit for either an existing or proposed activity shall submit an application to the department on forms provided by the department.
NR 327.04(2)
(2) The following information shall be included in the application:
NR 327.04(2)(a)
(a) Proof that the applicant has riparian rights on the navigable waterway at the location of the proposed fleeting area. Proof may include fee simple title, a lease of riparian or mooring rights from the riparian owner, or written permission from the riparian owner. The department shall be notified by the operator of any action to terminate a lease or written permission.
NR 327.04(2)(b)
(b) A map extending at least
1⁄
4 mile up and downstream from the proposed fleeting area showing the location of the proposed fleeting area by section, township, range, and river mile and by major identifiable features in the immediate area such as locks and dams, incorporated areas, roads, bridges, and county lines. The map shall indicate designated fish and wildlife areas and refuges; existing recreational areas; historical, archeological and cultural sites, if known; residential housing locations; and existing adjacent water or shoreland uses which, together with fleeting operations, would present an unusual risk of fire, explosion, collision, contamination or other serious safety hazards. The map shall also show the following navigation-related features:
NR 327.04(2)(c)
(c) A description of local land use and zoning in the vicinity of the proposed fleeting area.
NR 327.04(2)(d)
(d) A drawing of the proposed fleeting area which contains the following: plan view and cross-sections to show existing pertinent topographic and hydrographic features; referenced government datum plane; scale, both vertical and horizontal (not smaller than 1
‶ = 400
' horizontal); north arrow; current directions; flow area; property lines and adjacent property owners by name and address; proposed features including dolphins, anchors, deadmen, mooring barges, mooring cells and buoys, and other devices; mooring facility size and configuration; and maximum number and size of barges to be moored, and routes used by any tow entering or leaving the fleeting area.
NR 327.04(2)(e)
(e) A list of undeveloped alternative fleeting sites considered by the applicant and the reasons why the proposed site was preferred over them.
NR 327.04(3)
(3) An application for renewal of an existing barge fleeting permit shall include a description of all changes in the information submitted with the previous application, and additional information requested by the department to act on the request for renewal.
NR 327.04(4)
(4) An application may not be considered complete until the appropriate environmental analysis is completed under
ch. NR 150.
NR 327.04 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82;
CR 13-022: am. (4) Register March 2014 No. 699, eff. 4-1-14. NR 327.05(1)(1) The applicant shall provide general information on forms provided by the department.
NR 327.05(1)(a)
(a) Technical information shall be initially submitted on 8
1⁄
2‶ × 11
‶ reproducible sheets.
NR 327.05(1)(b)
(b) Final technical information shall be submitted on full-sized
(24
‶ ×
36
‶) drawings before the public notice is issued under
sub. (2) or
(3).
NR 327.05(2)
(2) The department shall issue a 30-day notice of the proposal to establish a barge fleeting area and the applicant shall publish the notice under s.
31.06, Stats., unless the department proceeds directly to hearing under
sub. (3). Notice shall go to the Wisconsin department of development, the Wisconsin department of transportation and to interested parties who have specifically requested that they receive notices issued under this chapter.
NR 327.05(3)
(3) If no request for a hearing on the proposed barge fleeting area is received within 30 days after the date of publication of the notice of proposal, the department may issue the requested permits without hearing. If a request for hearing is received within the 30-day period, or if the department objects to the proposed barge fleeting area, the matter shall be scheduled for hearing and notice shall be provided under s.
31.06 (2), Stats.
NR 327.05 History
History: Cr.
Register, November, 1982, No. 323, eff. 12-1-82.
NR 327.06
NR 327.06
Standards. The following standards apply to operation of fleeting areas:
NR 327.06(1)
(1) No entity or person may engage in barge fleeting without meeting the requirements of
s. NR 327.04 (2) (a) on the navigable waterway at the site of the fleeting area.
NR 327.06(2)
(2) Operators shall utilize navigation aids and markers which meet the requirements in
s. NR 5.09.
