Chapter NR 329
MISCELLANEOUS STRUCTURES IN NAVIGABLE WATERWAYS
NR 329.04 Miscellaneous structures. Ch. NR 329 NoteNote: Chapter NR 329 was created as an emergency rule effective April 19, 2004; emergency repeal and recreate ch. NR 329, effective August 24, 2004. NR 329.01NR 329.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for structures placed in navigable waterways as regulated under s. 30.12 (1g), (1p), (3) (a), (d), and (3m), 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 329.02NR 329.02 Applicability. This chapter applies to construction, placement and maintenance of boat landings, dry fire hydrants, fords, intake and outfall structures, pilings, pea gravel blankets and weed rakes regulated under ss. 30.12 (1g) (a), (g), (h) and (km), (3) (a) 1., 4., 5., (d), and (3m), and 30.20 (1g) (b) 2., Stats., and to all other structures constructed, placed or maintained in navigable waterways unless regulated under another chapter. Any person who intends to construct, place or maintain a structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 329.02 NoteNote: Currently, culverts and bridges are regulated under ch. NR 320; habitat structures are regulated under ch. NR 323; boathouses and fixed houseboats are regulated under ch. NR 325; piers, wharves, boat shelters, boat lifts, boat hoists and swimming rafts are regulated under ch. NR 326; shore erosion control structures are regulated under ch. NR 328. NR 329.03NR 329.03 Definitions. In this chapter: NR 329.03(1)(1) “Area of special natural resource interest” has the meaning in s. 30.01 (1am), Stats., and as identified by the department in s. NR 1.05. NR 329.03 NoteNote: “Area of special natural resource interest” means any of the following:
NR 329.03 Note(a) A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats. NR 329.03 Note(b) A surface water identified as a trout stream by the department under s. NR 1.02(7). NR 329.03 Note(c) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats. NR 329.03 Note(d) An area that possesses significant scientific value, as identified by the department in s. NR 1.05. NR 329.03 NoteInformation and lists can be obtained by contacting the department, or found on the department’s website at http://dnr.wi.gov, under the topic “Waterway and Wetland Permits”. NR 329.03(2)(2) “Boat landing” means a structure installed on the bed and bank of a navigable waterway for the purpose of launching and landing watercraft. NR 329.03(3)(3) “Department” means the department of natural resources. NR 329.03(4)(4) “Dry fire hydrant” means a structure or device to which a fire hose can be connected, which is constructed in and adjacent to a navigable waterway for the purpose of providing water for fighting fires. NR 329.03(5)(5) “Ford” means a structure consisting of rock or gravel, placed on the bed of a navigable waterway to facilitate crossing the waterway. NR 329.03(6)(6) “Intake or outfall structure” means a structure located on the bank or bed of a navigable waterway below the horizontal plane of the ordinary high water mark that is used to divert water from the waterway for purposes other than irrigation or to discharge water to the waterway. An intake or outfall structure shall include rock riprap toe protection not to exceed 2 cubic yards. NR 329.03(7)(7) “Open to the general public” means available to any person conditioned only upon the payment of a reasonable fee. “Open to the general public” does not include conditions that require purchase of a boat, boat slip, parcel of property, condominium unit or membership in a club or organization. NR 329.03(8)(8) “Ordinary high water mark” 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 recognizable characteristic. NR 329.03(9)(9) “Pea gravel” means an open graded coarse aggregate formed by the natural disintegration of numerous types and colors of rocks by glacial or river bed action into primarily round particles that are produced by washing and screening natural gravel. The particles are sized from ½″ (12.5 mm) to #8 mesh (2.36 mm). NR 329.03(10)(10) “Pea gravel blanket” means a layer of pea gravel less than 6 inches in depth that is placed on the bed of a navigable lake, pond or flowage to facilitate wading for recreational purposes under s. 30.12 (3) (a) 1., Stats. A pea gravel blanket does not include the placement of sand or filter fabric. NR 329.03(12)(12) “Reasonable fee” means a fee comparable to those charged the general public for similar facilities on the waterway or a similar waterway in the vicinity. NR 329.03(13)(13) “Riparian” means an owner of land abutting a navigable waterway. NR 329.03(14)(14) “Weed rake” means an appurtenance, attached to a structure such as a pier or piling, designed to mechanically remove aquatic plants by the movement of rake tines attached to a floating boom without grubbing, lifting or rolling of the bottom sediments. NR 329.03(15)(15) “Wetland” means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. NR 329.03 HistoryHistory: CR 04-062: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: renum. (9) to (13) to be (11) to (15), cr. (9) and (10) Register December 2005 No. 600, eff. 1-1-06. NR 329.04(1)(b)(b) Applicable activities. A dry fire hydrant that meets the standards in pars. (c) and (d) shall be exempt under s. 30.12 (1g) (g), Stats. An intake or outfall structure that meets the standards in pars. (c) and (e) shall be exempt under s. 30.12 (1g) (km), Stats. A piling that meets the standards in pars. (c) and (f) shall be exempt under s. 30.12 (1g) (h), Stats. NR 329.04 NoteNote: 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 329.04(1)(c)1.1. Exempt activities under this section may not be located in an area of special natural resource interest or within a public rights feature as described in s. NR 1.06. NR 329.04(1)(c)2.2. 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 329.04(1)(c)3.3. 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 329.04(1)(c)4.4. To protect fish habitat during spawning seasons, no exempt activity may take place during the following time periods: NR 329.04(1)(c)4.b.b. For all waters not identified under subd. 4. a. and located south of state highway 29, March 15 through May 15. NR 329.04(1)(c)4.c.c. For all waters not identified under subd. 4. a. and located north of state highway 29, April 1 through June 1. NR 329.04(1)(c)5.5. 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. 5. a. to c. or h. Decontamination shall include either subd. 5. 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 329.04(1)(c)5.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 329.04 NoteNote: 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 329.04(1)(c)5.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 329.04(1)(c)5.d.d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean). NR 329.04(1)(c)5.e.e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch. NR 329.04 NoteNote: 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 329.04(1)(c)5.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 329.04 NoteNote: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 329.04(1)(c)5.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 329.04 NoteNote: 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 329.04(1)(d)1.1. A dry fire hydrant may be placed and maintained only by a riparian, or by a municipality with the permission of the riparian. NR 329.04(1)(d)2.2. A dry fire hydrant shall be placed entirely within the riparian’s zone of interest, as determined by one of the methods outlined in ch. NR 326. NR 329.04(1)(d)3.3. A dry fire hydrant may not be placed in a wetland or in a manner that adversely impedes surface or subsurface flow into or out of any wetland. NR 329.04(1)(d)4.4. A dry fire hydrant shall have a perforated inlet screen with cap on the inlet end. NR 329.04(1)(d)5.5. A dry fire hydrant shall be installed with the riser landward of the ordinary high water mark except where installed on a bridge or culvert. NR 329.04(1)(d)6.6. A dry fire hydrant located in a lake, pond or flowage shall be installed so that the inlet pipe is at least 3 feet below the surface water level during normal low water level conditions. A dry fire hydrant in rivers and streams shall be installed so that the inlet pipe is at least one foot below the surface water level during normal low water flow conditions. NR 329.04(1)(d)7.7. A dry fire hydrant may not result in the permanent or temporary deposition of fill in any floodway or wetland. NR 329.04 NoteNote: Installation of a dry fire hydrant does not authorize the placement of any fill material to access the hydrant.
NR 329.04(1)(d)8.8. A dry fire hydrant may not result in the waterward extension of the upland. NR 329.04(1)(d)9.9. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the construction and may not exceed 10,000 square feet. NR 329.04(1)(d)10.10. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water. NR 329.04(1)(d)11.11. A deposit of sand, gravel or stone under s. 30.12 (1g) (a), Stats., may be associated with the placement of a dry fire hydrant provided the deposit is limited to the area underneath the structure and is less than 2 cubic yards. NR 329.04(1)(d)12.12. Dredging under s. 30.20 (1g) (b) 1., Stats., may be associated with the placement of a dry fire hydrant provided the dredging does not exceed 2 cubic yards. NR 329.04(1)(e)1.1. An intake or outfall structure may be placed and maintained only by a riparian, or by a municipality with the permission of the riparian. NR 329.04(1)(e)2.2. An intake or outfall structure shall be placed entirely within the riparian’s zone of interest, as determined by one of the methods outlined in ch. NR 326. NR 329.04(1)(e)3.3. An intake or outfall structure, including any wingwalls and rock riprap, shall be less than 6 feet from the water side of the ordinary high water mark and less than 25% of the width of the channel in which it is placed. NR 329.04(1)(e)4.4. An intake or outfall structure may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland. NR 329.04(1)(e)5.5. An intake or outfall structure may not result in the permanent or temporary deposition of fill in any floodway or wetland. NR 329.04(1)(e)6.6. An intake or outfall structure may not result in the waterward extension of the upland. NR 329.04(1)(e)7.7. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the construction and may not exceed 10,000 square feet. NR 329.04(1)(e)8.8. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.
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