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.
NR 328.21(2)(b)3.
3. Institutional permanence of a duration similar to the life of the structure.
NR 328.21 History
History: CR 01-103: cr.
Register June 2002 No. 558, eff. 7-1-02.
NR 328.22
NR 328.22 Definitions. As used in this subchapter:
NR 328.22(1)
(1) “Breakwater" means the placement of stone, concrete or similar inert material 10 or more horizontal feet offshore, generally parallel to the shoreline for the purpose of controlling shore erosion and preserving or restoring aquatic habitat. Breakwater designs may include, but are not limited, to stone dikes, stone islands, barrier islands and submerged offshore shoals.
NR 328.22(2)
(2) “Comprehensive plan" means a plan that includes data on water resources, including public rights and interests in navigable waters; data on existing and potential uses of the water body and any use impairments; alternatives and recommended actions to protect or restore water resources or allocate uses of the water body.
NR 328.22(3)
(3) “Department" means the department of natural resources.
NR 328.22(4)
(4) “Municipality" means any town, village, city or county in this state.
NR 328.22(5)
(5) “Structure" means anything man-made, having shape, form and utility either permanently or temporarily attached to or extending above the ground or lakebed.
NR 328.22 History
History: CR 01-103: cr.
Register June 2002 No. 558, eff. 7-1-02.
NR 328.23
NR 328.23 Standards. Breakwaters may be authorized where all of the following apply:
NR 328.23(1)
(1) They are determined by the department to be the best management practice to control shore erosion and preserve or restore aquatic habitat.
NR 328.23(2)
(2) The structure be designed by a licensed professional engineer to be stable under stated maximum water level and wave conditions in order to avoid a failed structure that quickly becomes a hazard to users of the waters.
NR 328.23(3)
(3) The practice is specifically recommended for the purpose specified in sub.
(1) in a comprehensive plan approved by the department for management of a specific water body and its watershed.
NR 328.23(5)
(5) The department has complied with the notice and hearing procedures in s.
30.02 (3) and (4), Stats.
NR 328.23 History
History: CR 01-103: cr.
Register June 2002 No. 558, eff. 7-1-02.
NR 328.24
NR 328.24 Conditions of permits. In addition to any conditions deemed necessary to protect public rights and interests in navigable waters under s.
30.12, Stats., any authorization issued by the department under this subchapter shall contain the following conditions:
NR 328.24(1)
(1) The structure shall remain under public ownership or control. Public ownership and control shall be established by documentation of at least one of the following as part of the permit application:
NR 328.24(1)(a)
(a) Fee title ownership of the structure by a municipality or public entity.
NR 328.24(1)(b)
(b) Lease with a term of 25 years or more of the structure to a municipality or public entity.
NR 328.24(1)(c)
(c) Conservation easement on the structure held by a municipality or public entity that includes the rights to construct and maintain the structure, right of public access to the structure.
NR 328.24(1)(d)
(d) Title to, lease of, or conservation easement securing necessary rights to use and management of the structure and the area to be protected from wave energy.
NR 328.24(2)
(2) No ancillary structures or facilities, other than scientific measuring devices and navigational markers, shall be located on or attached to the breakwater.
NR 328.24 History
History: CR 01-103: cr.
Register June 2002 No. 558, eff. 7-1-02.
NR 328.31(1)(1)
The purpose of this subchapter is to establish reasonable procedures and limitations for general permits and individual permits for placement of shore erosion control structures in rivers and streams as regulated under s.
30.12, Stats., in order to protect the public rights and interest in the navigable, public waters of the state as defined in s.
30.10, Stats.
NR 328.31(2)
(2) The standards for general permits and individual permits in this chapter balance the reasonable right of riparians to control shore erosion under Wisconsin law with the public rights to navigation, recreation, fish and wildlife habitat, water quality and natural scenic beauty in navigable waters. (Doemel v. Jantz, 180 Wis. 225, 193 N.W., 393 (1923)).
NR 328.31(3)
(3) The standard for general permits recognizes that stream channels naturally move back and forth across their floodplains as the energy of water current is dissipated against the stream banks. Watershed land cover, reflecting rainfall infiltration and soil type, predicts the nature of in-stream habitat features as well as the extent of stream channel movement.
