Chapter NR 353

NR 353.06(2)(h) (h) If the department determines the proposed project will reduce the effective flood flow capacity of the waterway by obstruction of existing flow area, information sufficient for the department to conduct a hydrologic or hydraulic analysis.

NR 353.06(3) (3) This section is not applicable to a person applying to the department under s. NR 353.10 for maintenance of a preexisting wetland conservation project.

NR 353.06 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.

NR 353.07 NR 353.07 Department determinations. Upon receipt of a complete application, the department shall determine:

NR 353.07(1) (1) Whether the project purpose is wetland conservation.

NR 353.07(2) (2) If the department determines that the project purpose is not for wetland conservation, the department shall notify the applicant of his or her option to do any of the following:

NR 353.07(2)(a) (a) Apply for a permit under other authorities.

NR 353.07(2)(b) (b) Revise the project to comply with the requirements of this chapter.

NR 353.07(2)(c) (c) Withdraw the request.

NR 353.07(2)(d) (d) Appeal the department’s decision under s. 227.42, Stats.

NR 353.07(3) (3) If the department determines that the project purpose is for wetland conservation and is maintenance of a project constructed prior to August 1, 1991, the procedures established in s. NR 353.10 shall be followed.

NR 353.07(4) (4) If the department determines that the project purpose is wetland conservation and that the proposed project activities comply with s. NR 353.04, the project may proceed upon receipt of written notice from the department.

NR 353.07(5) (5) If the department determines the project is not eligible for a shortform wetland conservation permit, the procedures in s. NR 353.09 shall be followed.

NR 353.07 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.

NR 353.08 NR 353.08 Wetland conservation permit conditions. All approvals issued under ss. NR 353.04, 353.07 (4) and 353.10 shall be subject to the following conditions:

NR 353.08(1) (1) The applicant submits a completed and signed application form.

NR 353.08(2) (2) The proposed project shall be constructed in compliance with this chapter and applicable statutes, and the conditions in the wetland conservation permit.

NR 353.08(3) (3) The project proponent shall maintain the project in compliance with the terms and conditions of the shortform wetland conservation permit, this chapter and applicable statutes. The applicant may conduct maintenance activities described in the application without any further approval by the department.

NR 353.08(4) (4) Approvals issued in compliance with this chapter and applicable statutes are valid only if all other necessary approvals are received from local, state or federal jurisdictions.

NR 353.08(5) (5) Wherever possible, project sites should include an adjacent zone of vegetated upland pursuant to NRCS Technical Guide Standard Conservation Practice 657- Wetland Restoration (9/00), unless the site conditions or configuration will not accommodate such a zone.

NR 353.08 Note Note: This practice is available at the United States Department of Agriculture Wisconsin Natural Resources Conservation Service website: http://efotg.sc.egov.usda.gov/references/public/WI/657.pdf or from the county NRCS office or the Wisconsin Land and Water Conservation Association office, Madison, WI at (608) 833 -1833. A copy of the practice is available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau in Madison, Wisconsin.

NR 353.08(6) (6) Any removed vegetation or soil shall be deposited on uplands or used in other approved wetland conservation activities.

NR 353.08(7) (7) During project establishment, all applicable provisions of NRCS Technical Guide Standard Conservation Practice 657 shall apply. Applicable practices shall be those that adequately control or prevent erosion, and prevent damage to waterways and wetland soils. Where purple loosestrife (Lythrum salicaria); reed canary grass (Phalaris arundinacea) or common reed (Phragmites australis) are present, equipment washing or other practices to prevent accidental dispersal shall be utilized.

NR 353.08(8) (8) If the department determines that species of special concern listed in the Wisconsin natural heritage inventory are known to be present in the project area, the department may notify and advise the applicant of reasonable activities to prevent significant adverse impacts or to enhance the habitat for the species of concern. Notification and recommendation shall take place within the permit review period specified in ch. NR 300.

NR 353.08 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.

NR 353.09 NR 353.09 Individual permits for wetland conservation projects.

NR 353.09(1) (1) If the department determines that the proposed project is for wetland conservation but is not eligible for a shortform wetland conservation permit under s. NR 353.04 or 353.10, the project may not proceed without an individual permit from the department issued pursuant to applicable laws.

NR 353.09(2) (2) The department shall give full consideration to the benefits to wetland functional values together with the potential adverse effects on aquatic community values and public rights and uses. The department shall grant the individual wetland conservation permit if it finds:

NR 353.09(2)(a) (a) That the primary purpose of the project is wetland conservation;

NR 353.09(2)(b) (b) The proposed project will meet the requirements of the applicable laws.

NR 353.09 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.

NR 353.10 NR 353.10 Maintenance of pre-existing wetland conservation projects.

NR 353.10(1) (1) An owner of any wetland conservation project constructed prior to August 1, 1991, may conduct maintenance activities if all the following conditions are met:

NR 353.10 Note Note: The construction and maintenance of wetland conservation projects has been regulated since August 1, 1991, the effective date of ch. NR 103, Wetland Water Quality Standards.

NR 353.10(1)(a) (a) The owner submits to the department a description and a diagram of existing site conditions which includes: the location of the project; hydrologic characteristics of the site; existing plant communities on the site; the location and condition of existing dikes, ditches, nesting islands, water level control structures and pumps, and other project infrastructures; current land use for the site; and past management and maintenance activities that have occurred on the site.

NR 353.10(1)(b) (b) The owner submits to the department a description of proposed maintenance activities including areas to be excavated and cross-sections of proposed enhancements to existing dikes and nesting islands. A hydrologic or hydraulic analysis may be required if the proposed project includes alteration to the height or cross-section of the dike. If the analysis is required, the applicant may be required to retain an engineer registered in the state of Wisconsin, to prepare this analysis.

NR 353.10(1)(c) (c) Upon receipt of the descriptions and diagram under pars. (a) and (b), the department and the applicant shall conduct a field review of the project.

NR 353.10(1)(d) (d) After field review and modifications deemed necessary to the maintenance project, the department shall approve the maintenance activities if it determines the plan is consistent with the purpose of enhancing wetland functional values.

NR 353.10(1)(e) (e) The applicant shall allow department employees access to make inspections to assure that the maintenance activities are in compliance with the approved plan.

NR 353.10(2) (2) The department may approve excavation of material from a wetland or from any existing ditches, if the purpose of the excavation is to enhance wetland functional values related to wildlife habitat.

NR 353.10(3) (3) Upon approval of the plan under sub. (1) (d), the applicant may conduct the maintenance activities described in the plan without any further approval by the department.

NR 353.10 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.

NR 353.11 NR 353.11 Enforcement.

NR 353.11(1) (1) Violations of this chapter shall be subject to enforcement under the enforcement and penalty provisions of chs. 23, 29, 30, 31, 281 and 283, Stats.

NR 353.11(2) (2) Department employees may obtain access under applicable statutes to make inspections for the purpose of assuring that activities performed under this chapter are in compliance with the applicable provisions of law.

NR 353.11(3) (3) A violation of a permit issued relating to a project under this chapter is a violation of the statutes or rules relating to the issuance of that permit.

NR 353.11 History History: CR 01-144: cr. Register January 2003 No. 565, eff. 2-1-03.