NR 343.03(7)
(7) “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 343.03 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 343.03(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 343.03(9)
(9) “Storm event" means any amount of precipitation equal to or greater than 0.01 inches with a minimum time between storms of 6 hours.
NR 343.03(10)
(10) “Stormwater" means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.
NR 343.03(11)
(11) “Stormwater management pond" means any temporary or permanent artificial water body designed to specifications generally accepted to reduce the water quantity or water quality impacts of stormwater and to hold water for any period of time. This does not include facilities to which this chapter is not applicable as listed in s.
NR 343.02 (3) (f),
(g) and
(h).
NR 343.03 History
History: CR 04-086: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 343.04
NR 343.04 Pond or artificial water body application. All of the following information shall be submitted for a pond or artificial water body application:
NR 343.04(1)
(1) Ownership. A copy of the deed, lease, land contract or other document showing ownership of the project site.
NR 343.04(2)
(2) Photos. Photographs that clearly show the existing project area with a size reference.
NR 343.04(3)
(3) Permission. Permission from landowners for department staff to enter the site.
NR 343.04(4)
(4) Plans. Plan drawing sheet, including at least one typical cross-section detail.
NR 343.04(5)
(5) Description. A narrative description of the pond or artificial water body proposal describing:
NR 343.04 History
History: CR 04-086: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 343.05
NR 343.05 Erosion control plan requirements. NR 343.05(1)(1)
Site-specific plan. Any person required to submit an application for a pond or artificial water body under this chapter shall develop a site specific erosion control plan in accordance with s.
NR 216.46 (1) to
(4).
NR 343.05(2)
(2) Site map requirements. Each pond or artificial water body site map shall include all of the following:
NR 343.05(2)(a)
(a) Existing topography and drainage patterns, roads, waterways and floodplain boundaries.
NR 343.05(2)(b)
(b) Location, description and elevation of a reference benchmark.
NR 343.05(2)(d)
(d) Approximate identification of the ordinary high water mark.
NR 343.05(2)(e)
(e) Area between the project site and the water body to be left undisturbed.
NR 343.05(2)(f)
(f) Boundaries of the construction site, including the area of land disturbing construction activity.
NR 343.05(2)(g)
(g) 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 343.05(2)(j)
(j) Location of any disposal area for dredged or excavated materials.
NR 343.05(2)(k)
(k) Location of major structural and non-structural controls identified in the erosion control plan.
NR 343.05(2)(L)
(L) Location of areas where stabilization practices will be employed.
NR 343.05(2)(m)
(m) Areas that will be vegetated following land disturbing construction activities.
NR 343.05(2)(n)
(n) Area and location of wetland acreage on the pond or artificial water body site and locations where stormwater is discharged to a surface water or wetland within one-quarter mile downstream of the pond or artificial water body site.
NR 343.05(2)(o)
(o) Areas used for infiltration of post-construction stormwater runoff.
NR 343.05(2)(p)
(p) An alphanumeric or equivalent coordinate system for the entire construction site.
NR 343.05 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 (e), (i) and (j).
NR 343.05(3)
(3) Erosion and sediment control best management practices. The erosion control plan shall include a description of appropriate erosion and sediment control best management practices that will be installed and maintained at the pond or artificial water body site to prevent pollutants from reaching waters of the state. The erosion control plan shall clearly describe the appropriate erosion and sediment control best management practices for each major 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 343.05(4)
(4) Erosion and sediment control technical standards. NR 343.05(4)(a)(a) 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 343.05(4)(b)
(b) 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 343.05 History
History: CR 04-086: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 343.06
NR 343.06 Construction site inspections and maintenance. Any person required to submit an application for a pond or artificial water body under this chapter shall follow the reporting and monitoring requirements in s.
NR 216.48 (4).
NR 343.06 History
History: CR 04-086: cr.
Register April 2005 No. 592, eff. 5-1-05.
NR 343.07(1)(b)
(b) If the department determines that a pond or artificial water body 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:
NR 343.07(1)(b)1.
1. The pond or artificial water body project avoids impacts to the endangered or threatened species in accordance with s.
29.604, Stats.
NR 343.07(1)(b)2.
2. The pond or artificial water body project has received an incidental take authorization under s.
29.604, Stats.
NR 343.07(1)(c)
(c) If the applicant modifies the pond or artificial waterbody project plans to meet the requirements of par.
(b), the modified plans shall be submitted before the department may consider the application complete or authorized under a general permit.
NR 343.07(2)
(2) Applicable activities. A pond or artificial water body project that meets the standards in sub.
(3) shall be eligible for general permit coverage under ss.
30.19 (3r) (a) and
(b) and
30.206, Stats.
NR 343.07(3)
(3) General permit standards. The department may issue a general permit for the construction, dredging or enlargement of any part of a pond or artificial water body that meets all of the standards in par.
(a) and either par.
(b),
(c) or
(d) as follows:
NR 343.07(3)(a)
(a) Standards for all pond construction under general permits. NR 343.07(3)(a)1.1. The site shall meet the construction site performance standards of s.
NR 151.11 for land disturbing construction activities for non-transportation projects and s.
NR 151.23 for transportation projects.
NR 343.07(3)(a)2.
2. The pond or artificial water body is designed in accordance with best management practices required for stormwater discharge permits under ch.
NR 216, or to meet a local ordinance for stormwater management.
NR 343.07(3)(a)3.
3. The pond or artificial water body may not be associated with any metallic or non-metallic mining project.
NR 343.07(3)(a)4.
4. 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.
4. a. to
c. or
h. Decontamination shall include either subd.
4. 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 343.07(3)(a)4.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 343.07 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 343.07(3)(a)4.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 343.07(3)(a)4.d.
d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 343.07(3)(a)4.e.
e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 343.07 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 343.07(3)(a)4.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 343.07 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 343.07(3)(a)4.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 343.07 Note
Note: See the department's website at 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 343.07(3)(b)
(b) Wildlife pond. The purpose of the pond or artificial water body shall be wetland conservation as determined under ch.
NR 353 and all standards for construction of the ponds in ss.
NR 353.04 and
353.05 will be met.
NR 343.07(3)(c)
(c) Landscape pond. The pond or artificial water body does not connect with a navigable waterway and shall meet all of the following:
NR 343.07(3)(c)1.
1. `Separation distance.' No portion of the berm or pond may be any closer than 35 feet from the ordinary high water mark of any navigable waterway or within 100 feet of the location of any public rights feature as described in s.
NR 1.06.
NR 343.07(3)(c)3.
3. `Wetland.' The pond or artificial water body is not constructed, dredged or enlarged in a wetland.
NR 343.07(3)(c)4.
4. `Floodplain.' The pond or artificial water body is not constructed, dredged or enlarged in the regulated floodplain.
NR 343.07 Note
Note: The applicant will need to acquire a stocking permit to place fish in any landscape pond.
NR 343.07(3)(c)5.
5. `Excavated material.' Any excavated material is not temporarily or permanently placed in a wetland, floodplain or below the ordinary high water mark of a navigable waterway and is disposed of in an upland location.
NR 343.07 Note
Note: The vegetation planted in areas adjacent to or disturbed during pond construction should not include department regulated invasive plants such as purple loosestrife.
NR 343.07(3)(d)
(d) Stormwater pond. The pond or artificial water body is a stormwater management pond that does not discharge into a navigable waterway except as a result of a storm event and shall meet all of the following:
NR 343.07(3)(d)1.a.a. The crest of the berm of the pond or artificial water body may be no closer than 35 feet from the ordinary high water mark.
NR 343.07(3)(d)1.b.
b. No portion of the pond or artificial water body may be within 100 feet of the location of any public rights feature as described in s.
NR 1.06.
NR 343.07(3)(d)1.c.
c. This separation distance does not include the outlet structure for the pond. An outfall below the ordinary high water mark shall comply with ch.
NR 329.
NR 343.07(3)(d)2.
2. `Wetlands.' The pond or artificial water body may not be constructed, dredged or enlarged in a wetland.
NR 343.07(3)(d)3.
3. `Thermal.' The pond or artificial water body may not be designed to have a permanent pool of water that discharges to a trout stream or its upstream tributaries.
