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.
NR 328.06(6)
(6)
Existing permits. A shore protection structure 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 328.06 History
History: CR 02-099: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 22-013: am. (1) (a) Register June 2023 No. 810, eff. 7-1-23. NR 328.07
NR 328.07 Prohibited erosion control methods. NR 328.07(1)(1)
Permanent breakwaters. Except as provided in subch.
II, construction of permanent breakwaters is prohibited.
NR 328.07 Note
Note: Construction of new riprap may be authorized at moderate and high energy sites as provided in s.
NR 328.05 (5) or
328.06 (3).
NR 328.07 History
History: CR 02-099: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 328.08
NR 328.08 Data requirements and site assessment methods. Applicants and department staff shall adhere to the following data requirements and site assessment methods:
NR 328.08(1)
(1)
Calculation of storm-wave height. The department shall provide applicants with worksheets and internet-based computer software for the purpose of estimating storm wave height. Computer software shall be mathematically designed based on Young and Verhagen (1996) and Young (1998). Storm-wave heights shall be estimated according to Young and Verhagen (1996) and Young (1997) by applying a storm wind speed of 35 miles per hour (51.45 ft/sec), fetch at the applicant's shore protection site, and the average depth along that fetch. To record fetch, applicants shall measure the longest unobstructed straight-line distance originating from the shore protection site across the water surface to the opposite intersect with the shore. To estimate average depth applicants shall examine a lake map, sum the reported depths along the fetch, and divide by the number of recorded values. At least 5 equally placed intervals along the fetch shall be used.
NR 328.08 Note
Note: The citation for Young (1997) is as follows: Young, I.R. 1997. The growth rate of finite depth wind-generated waves. Coastal Engineering, Vol. 32, pp. 181-195. The citation for Young and Verhagen (1996) is as follows: Young, I.R. and L.A. Verhagen. 1996. The growth of fetch limited waves in finite water depth. Coastal Engineering, Vol. 29, pp. 47-78.
NR 328.08 Note
Note: Statewide storm wind speeds are estimated from Naber Knox, P. 1996. Wind Atlas of Wisconsin. Wisconsin Geological and Natural History Survey, Bulletin No. 94.
NR 328.08(2)
(2)
Calculation of erosion intensity. Where an applicant or the department believes that, as a result of site conditions, storm-wave height as calculated in sub.
(1) may inaccurately predict the degree of erosion, the erosion intensity score may be calculated to determine erosion. The department shall provide applicants with worksheets and internet-based computer software for the purpose of calculating erosion intensity. When the department or applicants assess erosion at the shore protection site, they shall apply methods outlined in Table 1 to calculate an erosion intensity score. Wherever EI and storm-wave height result in different energy categories, the site shall be placed in the category as determined by EI.
NR 328.08(3)
(3)
Bank edge recession measurements. Methods of measuring bank edge recession shall include all of the following: establishment of a physical measurement reference line between at least 2 headstakes; date-imbedded photographs showing the initial installation of the reference line and headstakes; reference distance measures to the bank lip shall be reported on department supplied forms; and time between separate measurements shall equal or exceed 3 months during the open-water season.
Table 1
Erosion Intensity (Ei) Score Worksheet
Applicants and department staff shall use this worksheet to calculate erosion intensity pursuant to s.
NR 328.08 (2). -
See PDF for table 
Note: Table 1 is adapted from Knutson, P. L., H. H. Allen, and J. W. Webb, 1990. “Guidelines for Vegetative Erosion Control on Wave-Impacted Coastal Dredged Material Sites, “Dredging Operations Technical Support Program Technical Report D-90-13,U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS 39180, 35 pp.
1 Average fetch: The following diagram describes the calculation of average fetch.
2 Bank height: The following diagram describes the features of the bank for the purpose of accurately measuring bank height
3 Aquatic vegetation: Dense or abundant means that on average 50-100% of the bottom is visually obstructed by plants during the growing season, defined by the dates June 1 through September 15. Scattered or patchy means that on average 1-49% of the bottom is visually obstructed by plants during the growing season, defined by the dates June 1 through September 15. Absent means that on average < 1% of the bottom is visually obstructed by plants during the growing season, defined by the dates June 1 through September 15.
4 Shoreline Orientation: The following lake map shows an example of accurately determining shoreline orientation
5Boating: A thoroughfare is identified as physical narrowing of the waterbody that by its nature intensifies boating activity near the shore. Thoroughfares which are 250 yards or wider are not scored 12 points, unless the depth contours of the thoroughfare constricts boating activity in close proximity to one shore, and the traffic is intensive. Intensive traffic is defined by a location where at least 50% of the public boating access available must pass through the thoroughfare to reach the open water of the lake, provided the waterway has a total of more than 60 car-trailer units. Limited traffic is defined by a location where at least 30% of the public boating access available must pass through the thoroughfare to reach the open water of the lake, provided the waterway has a total of more than 40 car-trailer units.
NR 328.08 History
History: CR 02-099: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 328.09(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 328.09(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 328.09(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 328.09(4)
(4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.
NR 328.09(5)
(5) No person may place a shore erosion control structure 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 328.09 History
History: CR 02-099: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 22-013: am. (3) Register June 2023 No. 810, eff. 7-1-23. NR 328.20
NR 328.20 Purpose. The purpose of this subchapter is to establish when deposits of material constitute structures for the purpose of controlling shore erosion and to set criteria for determining when structures will be authorized under s.
30.12, Stats.
NR 328.20 History
History: CR 01-103: cr.
Register June 2002 No. 558, eff. 7-1-02.
NR 328.21(1)(1)
Eligible waterways. Permits for breakwaters may be issued for placement in the following water bodies: Castle Rock and Petenwell flowages, Adams and Juneau counties; Lake Koshkonong, Dane, Jefferson, and Rock counties; Beaver Dam lake, Fox lake, and Lake Sinissippi, Dodge county; Lake Puckaway, Green Lake county; Lake Nokomis – Rice River reservoir, Lincoln and Oneida counties; Big Eau Pleine reservoir, Marathon county; Lake DuBay, Marathon and Portage counties; Rainbow and Willow flowages, Oneida county; Lake Poygan, Winnebago and Waushara counties; Lake Winneconne and Lake Buttes des Morts, Winnebago county; Lake Winnebago, Calumet, Fond du Lac, and Winnebago counties; and impoundments of the Mississippi river.
NR 328.21 Note
Note: The listed waters are generally typified by the following conditions – artificially impounded; 2500 acres and larger; extensive water level fluctuation; high rate of wetland/shoreline loss from erosion; and historic loss of shoreline vegetation.
NR 328.21(2)(a)(a) Permits for breakwaters may be issued to municipalities and similar public entities, including but not limited to, state and federal government, inland lake protection and rehabilitation districts or similar special purpose units of government and public utilities. Owners of riparian upland adjacent to, or flowed lands underlying, the structures shall be co-applicants if the municipality or public utility is not the riparian owner.
NR 328.21(2)(b)
(b) As part of the permit application, a public entity shall provide information to demonstrate to the satisfaction of the department that the public entity has all of the following:
NR 328.21(2)(b)1.
1. Statutorily assigned duties, authorities or requirements that may reasonably be construed to include control of shore erosion and protection of aquatic habitat.
NR 328.21(2)(b)2.
2. A system of governance that allows participation in decision making by a range of public interests.
