Chapter NR 341

NR 341.02 Note Note: The landowner of a site exempt under pars. (c) and (d) is still required to submit a notice of intent under subch. III of ch. NR 216 for land disturbing construction activity of one or more acres.

NR 341.02 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-013: am. (1) Register June 2023 No. 810, eff. 7-1-23.

NR 341.03 NR 341.03 Definitions. For the purposes of this chapter the following definitions apply:

NR 341.03(1) (1) “Agricultural use of land” means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping. This definition does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.

NR 341.03 Note Note: This definition is equivalent to the definition in s. 30.40 (1), Stats., and differs from the definition in ss. NR 151.002 (2) and 216.42 (2) only in that beekeeping is included and tree nurseries are not included.

NR 341.03(2) (2) “Department” means the department of natural resources.

NR 341.03(3) (3) “Final stabilization” means that all land disturbing construction activities at the grading site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

NR 341.03(4) (4) “Grading” means the physical disturbance of the land surface by the addition, removal or redistribution of soil.

NR 341.03(5) (5) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a change in topography or existing vegetative or non-vegetative soil cover that may result in stormwater runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

NR 341.03(6) (6) “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 341.03 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 341.03(7) (7) “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 341.03(8) (8) “Priority navigable waterway” has the meaning in s. 30.19 (1b) (c), Stats., and as identified by the department in s. NR 1.07.

NR 341.03 Note Note: Section 30.19 (1b) (c), Stats., provides that “priority navigable waterway” means any of the following:

NR 341.03 Note 1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15, Stats.

NR 341.03 Note 2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream.

NR 341.03 Note 3. A lake that is less than 50 acres in size.

NR 341.03 Note 4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule.

NR 341.03 Note Information 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 341.03(9) (9) “Stabilize” means the process of making a site steadfast or firm, minimizing soil movement by the use of practices such as mulching and seeding, sodding, landscaping, paving, graveling or other appropriate measures.

NR 341.03(10) (10) “Total project area” means the area of land disturbing construction activity both within and outside of the defined bank, if it is part of the same project.

NR 341.03 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.035 NR 341.035 Bank determination.

NR 341.035(1) (1) Determination of the bank. For purposes of establishing jurisdiction under s. 30.19, Stats., the bank of a navigable waterway shall be determined as follows:

NR 341.035(1)(a) (a) Non-priority navigable waterways. For navigable waterways that are not priority navigable waterways, the bank is 75 feet landward from the ordinary high water mark. However, if at 75 feet or less from the ordinary high water mark the slope is 12% or greater, the bank shall extend further landward to the point where the slope of the land becomes less than 12%, provided the slope is less than 12% for more than 50 feet. See Figure 1.

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NR 341.035(1)(b) (b) Priority navigable waterways. For priority navigable waterways, the bank is 300 feet landward from the ordinary high water mark. However, if at 300 feet or less from the ordinary high water mark the slope is 10% or greater, the bank shall extend further landward to the point where the slope of the land becomes less than 10%, provided the slope is less than 10% for more than 50 feet.

NR 341.035(1)(c) (c) Complete interruption. Notwithstanding pars. (a) and (b), the bank may not include any areas where the slope or drainage of the land into the navigable waterway is completely interrupted. Completely interrupted means a topographic break that stops runoff from reaching navigable waters.

NR 341.035(2) (2) Measurements. For purposes of establishing jurisdiction under s. 30.19, Stats., the measurement of the bank of a navigable waterway shall be determined as follows:

NR 341.035(2)(a) (a) The bank distance shall be measured on a horizontal plane.

NR 341.035(2)(b) (b) Slope shall be measured along the surface flow path except as provided in par. (c).

NR 341.035(2)(c) (c) Instead of determining the surface flow path and measuring the angle of slope along that path, a landowner may stipulate, subject to the agreement of the department, that the applicable 10% or 12% slope continues, without complete interruption of the slope or drainage, landward from the ordinary high water mark to the following distance:

NR 341.035(2)(c)1. 1. 300 feet for non-priority navigable waterways.

NR 341.035(2)(c)2. 2. 500 feet for priority navigable waterways.

NR 341.035(2)(d) (d) Area of bank disturbance shall be calculated on the surface of the land and shall include all the disturbed area within the bank as defined in sub. (1).

NR 341.035(3) (3) Graded area. For purposes of establishing jurisdiction under s. 30.19 (1g) (c), Stats., the area on the bank of a navigable waterway exposed by the grading or removal of soil shall exceed 10,000 square feet.

NR 341.035 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.04 NR 341.04 Grading application. All of the following information shall be submitted for a grading application:

NR 341.04(1) (1) Ownership. A copy of the deed, lease, land contract or other document showing ownership of the project site.

NR 341.04(2) (2) Photos. Photographs that clearly show the existing project area with a size reference.

NR 341.04(3) (3) Permission. Permission from landowners for department staff to enter the site.

NR 341.04(4) (4) Plans. Plan drawing sheet.

NR 341.04(5) (5) Description. A narrative description of the grading proposal describing:

NR 341.04(5)(a) (a) The project purpose.

NR 341.04(5)(b) (b) Methods, materials and equipment to be used.

NR 341.04(5)(c) (c) A construction schedule and sequence of work.

NR 341.04(5)(d) (d) Erosion control and stormwater management plans in accordance with ss. NR 341.05 and 341.06.

NR 341.04(5)(e) (e) Site map in accordance with s. NR 341.05 (2).

NR 341.04 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.05 NR 341.05 Erosion control plan requirements.

NR 341.05(1) (1) Site-specific plan. Any person required to submit an application for a grading permit under this chapter shall develop a site specific erosion control plan in accordance with s. NR 216.46.

NR 341.05(2) (2) Site map requirements. Each grading site map shall include all of the following:

NR 341.05(2)(a) (a) Existing topography and drainage patterns, roads, waterways, wetlands, property and floodplain boundaries.

NR 341.05(2)(b) (b) Two foot pre- and post-construction contours for project sites of one acre or more.

NR 341.05(2)(c) (c) Location, description and elevation of a reference benchmark.

NR 341.05(2)(d) (d) Horizontal and vertical scale and north arrow.

NR 341.05(2)(e) (e) Approximate identification of the ordinary high water mark.

NR 341.05(2)(f) (f) Area and distance between the grading project and the navigable waterway to be left undisturbed.

NR 341.05(2)(g) (g) Boundaries of the construction site, including the area of land disturbing construction activity.

NR 341.05(2)(h) (h) Drainage patterns and approximate slopes anticipated after grading activities, including the existing and proposed slope of the bank and the water level of the existing waterway.

NR 341.05(2)(i) (i) Area of soil disturbance in square feet.

NR 341.05(2)(j) (j) Volume of earth to be added or removed in cubic yards.

NR 341.05(2)(k) (k) Location of any disposal area for dredged or excavated materials.

NR 341.05(2)(L) (L) Location of major structural and non-structural controls identified in the erosion control plan.

NR 341.05(2)(m) (m) Location of areas where stabilization practices will be employed.

NR 341.05(2)(n) (n) Areas that will be vegetated following land disturbing construction activities.

NR 341.05(2)(o) (o) A vegetation plan that provides for a self-sustaining vegetative cover of at least 70% for all pervious areas, and is sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions.

NR 341.05(2)(p) (p) Areas used for infiltration of post-construction stormwater runoff.

NR 341.05(2)(q) (q) An alphanumeric or equivalent coordinate system for the entire grading site for sites of one acre or more.

NR 341.05(2)(r) (r) Cross sections of pre- and post-construction contours, sufficient to show slope variability across the site with a minimum of one for every 50 feet of shoreline frontage. If the site is uniform, only one cross section is necessary.

NR 341.05(2)(s) (s) Where wetlands are present, a wetland delineation report.

NR 341.05 Note Note: Many of the requirements for a grading project site map are identical to the construction site map requirements of s. NR 216.46. A site map prepared to meet the requirements of s. NR 216.46 will need to add the information requested in pars. (b) to (f), (j), (k), (o), (r) and (s).

NR 341.05(3) (3) Erosion and sediment control best management practices.

NR 341.05(3)(a) (a) The erosion control plan shall include a description of appropriate erosion and sediment control best management practices that will be installed and maintained from the start of land disturbing construction activities until final stabilization of the grading site. The erosion control plan shall clearly describe the appropriate erosion and sediment control best management practices for each land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control best management practices will be implemented. The erosion and sediment control best management practices shall be designed in accordance with s. NR 216.46 (6).

NR 341.05(3)(b) (b) 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 341.05 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 341.05(3)(c) (c) 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 341.05 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.06 NR 341.06 Stormwater management plan requirements. Pollution caused by stormwater discharges from the grading site after construction is completed, including rooftops, parking lots, roadways and the maintenance of grassed areas, shall be addressed by a stormwater management plan. Any person required to submit an application for a grading permit under this chapter shall develop one of the following site specific stormwater management plans:

NR 341.06(1) (1) Sites greater than one acre of land disturbance. A stormwater management plan shall be developed in accordance with s. NR 216.47 prior to submitting an application for a grading permit to the department. The plan shall be implemented upon final stabilization of the grading site.

NR 341.06(2) (2) Sites less than one acre of land disturbance. A stormwater management plan shall, to the maximum extent practicable, direct runoff from impervious surfaces onto pervious surfaces. Examples may include directing downspouts onto lawns and away from pavement, driveways sloped onto lawns, and avoidance of piping or channelizing flow from impervious areas into waters of the state. The plan shall be implemented upon final stabilization of the grading site.

NR 341.06 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.07 NR 341.07 Construction site inspections and maintenance. Any person required to submit an application for a grading permit under this chapter shall follow the reporting and monitoring requirements in s. NR 216.48 (4).

NR 341.07 History History: CR 04-085: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 341.08 NR 341.08 General permit for project sites.

NR 341.08(1) (1) Procedures.

NR 341.08(1)(a) (a) General permits shall be processed according to the procedures in ch. NR 300.

NR 341.08 Note Note: Where there is overlapping jurisdiction between ch. NR 216 and this chapter for sites with land disturbance of more than one acre, the department will develop consolidated procedures so that only one submittal will be required.

NR 341.08(1)(b) (b) If the department determines that a grading application 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 until the applicant submits documentation to demonstrate one of the following: