NR 345.03 Note
Note: Notwithstanding substances that meet the definition of hazardous substances in s.
289.01 (11), Stats., for the purpose of removing material from the bed of navigable streams and lakes, “hazardous substances" include all chemicals present at concentrations at, or greater than the
threshold effect concentration as published in Consensus Based Contaminated Sediment Evaluation (DNR 2001).
NR 345.03(7k)
(7k) “Jetting" means the action of dredging bottom sediments, including disturbing or resuspending sediment, while using water or air forced through a hose by means of a pump or vacuum to dislodge and collect aquatic plants, tubers or seeds.
NR 345.03(8)
(8) “Manual dredging" means removal or disturbance of bottom material by hand or using a hand-held device without the aid of external or auxiliary power. Manual dredging is often associated with the collection of aquatic insects for bait, removal of nuisance vegetation or debris and the panning for gold or other material. For the purpose of ch.
30, Stats., manual dredging does not include “de minimus" activities as defined in sub.
(2).
NR 345.03(9)
(9) “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 345.03 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 345.03(10)
(10) “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 345.03(10r)
(10r) “
Plant and animal nuisance deposit" means a recent and natural deposit within the swash zone of a waterway of mussels, dead fish, Cladophora or similar natural, biological-based material caused by wave action in a quantity that is causing an annoyance, damage, or health issue to the public or waterway.
NR 345.03 Note
Note: “Plant and animal nuisance deposit" does not include the natural deposition of the native lakebed material like sand, cobble, silt, detritus, and other organic material.
NR 345.03 Note
Note: Effective Aug. 1, 2012, s. 30.20(1t)(b), Stats., is repealed. As provided by s. 30.206(1r), Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits authorized by s. 30.20(1t) (b), Stats., and s. NR 345.04(2)(b), (c), and (im) in which this definition is used is invalid effective June 6, 2013. This permit is replaced with Statewide General Permit GP5-2013-WI (WDNR-GP5-2013), which is found on the department website
http://dnr.wi.gov under the topic "Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless renewed, modified, or revoked on or before that date.
NR 345.03(11)
(11) “Previously dredged area" means an area below the ordinary high water mark of a navigable waterway from which material was historically removed.
NR 345.03(12)
(12) “Riparian" means an owner of land abutting a navigable waterway.
NR 345.03(12m)
(12m) “Rutting" is defined as an elongated depression caused by wheels or tracks of machinery, equipment or other vehicles and is 6 inches deep or more.
NR 345.03(13)
(13) “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 345.03(13m)
(13m) “Swash zone" as defined by the United States Army Corps of Engineers Coastal Engineering Manual, means the zone of wave action on the beach, which moves as water levels vary, extending from the limit of run-down to the limit of run-up.
NR 345.03 Note
Note: The “swash zone" does not typically include areas that are stabilized with vegetation. The United States Army Corps of Engineers Coastal Engineering Manual can be found at:
http://chl.erdc.usace.army.mil/cem.
NR 345.03(14)
(14) “Utility crossing" means dredging by plow, vibratory plow or open trench methods, below the ordinary high water mark of a navigable waterway for the installation of cables, conduits or pipelines by an entity providing service for conveying any fluids, gases, electricity and communications or other public or private utility functions.
NR 345.03 History
History: CR 04-087: cr.
Register April 2005 No. 592, eff. 5-1-05;
CR 05-037: cr. (7k)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-112: cr. (10g), (10r), (12m) and (13m)
Register July 2008 No. 631, eff. 8-1-08.
NR 345.04(1)(b)
(b) Applicable activities. The dredging of a farm drainage ditch which was not a navigable stream before ditching that meets all of the standards in par.
(c), is exempt from the permit requirements of s.
30.20 (1) and
(2), Stats., in accordance with s.
30.20 (1g) (a), Stats., manual dredging that meets all of the standards in par.
(d) is exempt from the permit requirements of s.
30.20 (1) and
(2), Stats., in accordance with s.
30.20 (1g) (b) 2., Stats.
NR 345.04 Note
Note: 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 345.04(1)(c)
(c) Standards for dredging of a farm drainage ditch which was not a navigable stream before ditching. Dredging of a farm drainage ditch which was not a navigable stream before ditching is eligible for an exemption subject to the following limitation:
NR 345.04(1)(c)1.
1. The project is located in a navigable stream that does not have stream history.
NR 345.04(1)(c)2.
2. The applicant has notified the department of the proposed project 10 days prior to dredging.
NR 345.04(1)(c)3.
3. The dredging may not have a long-term adverse effect on cold-water fishery resource or may not destroy cold water or warm water fish spawning beds or nursery areas.
NR 345.04(1)(c)4.
4. The dredged material may not be temporarily or permanently placed in a wetland, floodway or below the ordinary high water mark of a navigable waterway.
NR 345.04(1)(c)5.
5. The person conducting the dredging is the riparian owner or has permission of the riparian owner to remove bottom material.
NR 345.04(1)(c)6.
6. 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.
6. a. to
c. or
h. Decontamination shall include either subd.
6. 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 345.04(1)(c)6.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 345.04 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 345.04(1)(c)6.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 345.04(1)(c)6.d.
d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 345.04(1)(c)6.e.
e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 345.04 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 345.04(1)(c)6.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 345.04 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 345.04(1)(c)6.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 345.04 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 345.04(1)(d)
(d) Standards for manual dredging activities. Manual dredging is eligible for an exemption subject to the following limitations:
NR 345.04(1)(d)2.
2. The dredging may not be located in an area of special natural resource interest, or where there are public rights features as described in s.
NR 1.06, or in perennial tributaries to surface waters identified as trout streams by the department in s.
NR 1.02 (7).
NR 345.04(1)(d)4.
4. For each riparian property, the amount of bottom material dredged from a specific waterbody may not exceed 100 square feet in surface area and one foot in depth in a calendar year.
NR 345.04(1)(d)5.
5. Any dredged material removed from the waterbody may not be temporarily or permanently placed in a wetland, floodway or re-deposited below the ordinary high water mark of a navigable waterway.
NR 345.04(1)(d)6.
6. 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 345.04(1)(d)7.
7. Mechanical equipment may not be operated below the ordinary high water mark or on the bed of a navigable waterway.
NR 345.04(1)(d)8.
8. The applicant is the riparian owner or has permission of the riparian owner to remove bottom material.
NR 345.04 Note
Note: When the state is the riparian property owner, the requirements of s.
NR 45.04 shall be met.
NR 345.04(1)(d)9.
9. 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.
9. a. to
c. or
h. Decontamination shall include either subd.
9. 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 345.04(1)(d)9.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 345.04 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 345.04(1)(d)9.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 345.04(1)(d)9.d.
d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).
NR 345.04(1)(d)9.e.
e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.
NR 345.04 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 345.04(1)(d)9.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 345.04 Note
Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
NR 345.04(1)(d)9.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 345.04 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 345.04(1)(e)
(e) Standards for dredging necessary to place or maintain an exempt structure under s. 30.20 (1g) (b) 1., Stats. The standards for this activity are contained in the rules that describe the exempt structures.
NR 345.04 Note
Note: Chapters
NR 320,
323,
326,
328 and
329 contain rules regarding various exempt activities including culvert replacement, habitat structures, piers, boat shelters, riprap replacement, intake and outfall structures and dry fire hydrants.
NR 345.04(1)(f)1.1. Activities which do not meet the standards in par.
(c),
(d) or
(e) are determined ineligible for an exemption by the department shall require a general permit or contract or individual permit or contract.
NR 345.04(2)(a)2.
2. If the department determines that a dredging 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 345.04(2)(a)2.a.
a. The dredging project avoids impacts to the endangered or threatened species in accordance with s.
29.604, Stats.
NR 345.04(2)(a)2m.
2m. If the department determines that the dredging proposal submitted under this section has the potential to impact an archaeological site or historic structure in accordance with s.
44.40, 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 that the dredging project avoids impacts to the archaeological site or historic structure, or completes and documents requested investigations of archaeological sites or historic structures in accordance with s.
44.40, Stats. Reports of completed archaeological or historic structures investigations for projects are subject to departmental and Wisconsin Historical Society review and approval in advance of permit issuance.
NR 345.04(2)(a)3.
3. If the applicant modifies their dredging project plans to meet the requirements of subd.
2. or
2m., the modified plans shall be submitted before the department can consider the application complete or issue a general permit.
NR 345.04(2)(a)4.
4. General permit applications under par.
(i) for licensed aquatic nursery growers may be submitted to the department of agriculture, trade and consumer protection. Applications shall be considered received on the date they are received by the department.
NR 345.04 Note
Note: Applications may be obtained from the department's regional headquarters or service centers, or on the department's website at
http://dnr.wi.gov under the topic “Waterway and Wetland Permits." DATCP has agreed to send application forms and instructions provided by the department to aquatic nursery growers along with license renewal forms. DATCP will forward all applications to the department for processing.
NR 345.04 Note
Note: 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 345.04 Note
Note: Effective Aug. 1, 2012, s. 30.20(1t)(b), Stats., is repealed. As provided by s. 30.206(1r), Stats., the General Permit for Removal of Plant and Animal Nuisance Deposits authorized by s. 30.20(1t) (b), Stats., and s. NR 345.04(2)(b), (c), and (im) is invalid effective June 6, 2013. This permit is replaced with Statewide General Permit GP5-2013-WI (WDNR-GP5-2013), which is found on the department website
http://dnr.wi.gov under the topic “Waterway." WDNR-GP5-2013-WI expires June 5, 2018, unless renewed, modified, or revoked on or before that date.
NR 345.04(2)(c)
(c) General permit standards. In order to be eligible for a general permit, projects must meet all of the general permit standards in par.
(c) in the addition to the specific activity standards in par.
(d),
(e),
(im) or
(ir).
NR 345.04(2)(c)1.
1. The applicant shall provide information that the dredged material does not contain any hazardous substance as follows:
NR 345.04(2)(c)1.a.
a. Through the collection and laboratory analysis of the dredged material in compliance with ch.
NR 347; or
NR 345.04(2)(c)1.b.
b. Through the review of historical dredge material information from the vicinity of the proposed project that was collected and analyzed in accordance with ch.
NR 347; or
