Chapter NR 104

NR 104.02(5) (5) Changes in classification. Surface waters which exhibit changing hydrologic and quality characteristics shall be classified accordingly. Effluent criteria for upstream discharges shall be based upon the most critical downstream classification and shall be specified by the department either on the basis of justified inference or by the application of a wasteload allocation analysis. Any subsequent changes in a stream’s morphology or potential may necessitate the reevaluation of the classification.

NR 104.02 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. Tables 1 and 2, (2), (3) (a) 2a and d., (3) (b) 2a and c., (4) (c), Register, December, 1977, No. 264, eff. 1-1-78; am. (3) (a) 2a, Register, June, 1978, No. 270, eff. 7-1-78; am. (1) (c), Register, June, 1984, No. 342, eff. 2-1-84; r. (3) (a) 2. b. to d., (b) 2. b. and c., renum. (3) (a) 2. e. to g. and (3) (b) 2. d. and e. to be (3) (a) 2. b. to d. and (3) (b) 2. b. and c. and am (3) (a) 2. g. and (3) (b) 2. c., am. (3) (a) 3. a. and (3) (b) 3. a., Register, October, 1986, No. 370, eff. 11-1-86; am. (1) (intro.), (2) (b), (3) (a) (intro.) and 3. c., and (3) (b) 3. c., r. and recr. (3) (a) 2. d. and (3) (b) 2. c., Register, February, 1989, No. 398, eff. 3-1-89; CR 03-050: r. (3) (a) 2. b., am. Table 1 Register February 2004 No. 578, eff. 3-1-04; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2020 No. 773; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2020 No. 777.

NR 104.04 NR 104.04 Provision for changes. The surface waters specified in this chapter are not intended to be an exclusive listing nor do the specified effluent criteria purport to meet the 1983 water quality goals set forth in ch. 283, Stats. Additions to or deletions from these listings may be made based upon the accumulation of information necessary to make such determination and in accordance with the requirements of ch. 227, Stats.

NR 104.04 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76.

NR 104.05 NR 104.05 Variances and additions applicable in the southern district. Subject to the provision of s. NR 104.04, intrastate surface waters in the southern district counties of Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Lafayette, Richland, Rock and Sauk shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows:

NR 104.05(1) (1) Addition. The public water supply standard shall be met on the Wisconsin river in section 8, township 10 north, range 7 east.

NR 104.05(2) (2) Variance. Surface waters in the southern district subject to a variance under s. NR 104.02 (3) are listed in table 3.

NR 104.05 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. table 3, r. (3), Register, December, 1977, No. 264, eff. 1-1-78; correction in Table 3 made under s. 13.92 (4) (b) 6., Stats.

NR 104.06 NR 104.06 Variances and additions applicable in the southeast district. Subject to the provisions of s. NR 104.04, intrastate surface waters in the southeast district counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows.

NR 104.06(1) (1) Variance. Surface waters in the southeast district subject to a variance under s. NR 104.02 (3) are listed in table 4.

NR 104.06(2) (2) Other variances.

NR 104.06(2)(a) (a) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time:

NR 104.06(2)(a)1. 1. Underwood creek in Milwaukee and Waukesha counties below Juneau boulevard.

NR 104.06(2)(a)2. 2. Barnes creek in Kenosha county.

NR 104.06(2)(a)3. 3. Pike creek, a tributary of Pike river, in Kenosha county.

NR 104.06(2)(a)4. 4. Pike river in Racine county.

NR 104.06(2)(a)5. 5. Indian creek in Milwaukee county.

NR 104.06(2)(a)6. 6. Honey creek in Milwaukee county.

NR 104.06(2)(a)7. 7. Menomonee river in Milwaukee county below the confluence with Honey creek.

NR 104.06(2)(a)8. 8. Kinnickinnic river in Milwaukee county.

NR 104.06(2)(a)9. 9. Lincoln creek in Milwaukee county.

NR 104.06(2)(b) (b) The following surface waters in the southeast district shall meet the standards for fish and aquatic life except that the dissolved oxygen may not be lowered to less than 2 mg/L at any time nor may the ambient water temperature exceed 89°F at any time at the edge of the mixing zones established by the department under s. NR 102.05 (3):

NR 104.06(2)(b)1. 1. Milwaukee river in Milwaukee county downstream from the North Avenue dam.

NR 104.06(2)(b)2. 2. South Menomonee canal and Burnham canal in Milwaukee county.

NR 104.06 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. Table 4, Register, December, 1977, No. 264, eff. 1-1-78; reprinted to correct error in table 4, line 11, Register, August, 1982, No. 320; am. (2) (b), Register, February, 1989, No. 398, eff. 3-1-89; CR 19-014: am. (2) (a) (intro.), (b) (intro.) Regsiter April 2020 No. 772, eff. 5-1-20.

NR 104.07 NR 104.07 Variances and additions applicable in the Lake Michigan district. Subject to the provisions of s. NR 104.04, intrastate surface waters in the Lake Michigan district counties of Brown, Calumet, Door, Florence, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Sheboygan, Waupaca, Waushara and Winnebago shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows:

NR 104.07(1) (1) Addition. The public water supply standard shall be met in the following surface waters:

NR 104.07(1)(a) (a) Lake Winnebago.

NR 104.07(1)(b) (b) Fox river from Lake Winnebago downstream to the upper dam in the city of Appleton.

NR 104.07(1)(c) (c) West branch Wolf river at Neopit.

NR 104.07(1)(d) (d) Rainbow lake in Waupaca county.

NR 104.07(2) (2) Variance. Surface waters in the Lake Michigan district subject to a variance under s. NR 104.02 (3) are listed in table 5.

NR 104.07 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. Table 5, Register, December, 1977, No. 264, eff. 1-1-76; r. entry 46, Table 5, Register, July, 1981, No. 307, eff. 8-1-81; r. and recr. (3) Register, August, 1981, No. 308, eff. 9-1-81; r. (3) (a), Register, May, 1986, No. 365, eff. 6-1-86; r. (3), Register, November, 1989, No. 407, eff. 12-1-89.

NR 104.08 NR 104.08 Variances and additions applicable in the north central district. Subject to the provisions of s. NR 104.04, intrastate waters in the north central district counties of Adams, Forest, Juneau, Langlade, Lincoln, Marathon, Oneida, Portage, Vilas and Wood shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows:

NR 104.08(1) (1) Addition. The public water supply standards shall be met in Lake Nepco in Wood county.

NR 104.08(2) (2) Variance. Surface waters in the north central district subject to a variance under s. NR 104.02 (3) are listed in table 6.

NR 104.08(3) (3) Variance.

NR 104.08(3)(a) (a) The Wisconsin river from the Rhinelander dam downstream to Crescent creek shall meet the standards for fish and aquatic life and recreational use except that the dissolved oxygen shall not be lowered to less than 3.0 mg/L at any time. This variance to the 5.0 mg/L dissolved oxygen criterion provided by this subsection shall expire on June 30, 1984.

NR 104.08 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. Table 6, Register, December, 1977, No. 264, eff. 1-1-78; am. Table 6, entry 10, Register, June, 1978, No. 270, eff. 7-1-78; r. and recr. (3), Register, August, 1981, No. 308, eff. 9-1-81.

NR 104.09 NR 104.09 Variances and additions applicable in the west central district. Subject to the provisions of s. NR 104.04, intrastate waters in the west central district counties of Barron, Buffalo, Chippewa, Clark, Crawford, Dunn, Eau Claire, Jackson, La Crosse, Monroe, Pepin, Pierce, Polk, St. Croix, Trempealeau and Vernon shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows:

NR 104.09(1) (1) Addition. The public water supply standard shall be met in the following surface waters:

NR 104.09(1)(a) (a) Black river at Neillsville.

NR 104.09(1)(b) (b) Town creek at Black River Falls.

NR 104.09(2) (2) Variance. Surface waters in the west central district subject to a variance under s. NR 104.02 (3) are listed in table 7.

NR 104.09 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. table 6, Register, December, 1977, No. 264, eff. 1-1-78; r. (2) table 7, entry 28, Register, September, 1981, No. 309, eff. 10-1-81.

NR 104.10 NR 104.10 Variances and additions applicable in the northwest district. Subject to the provisions of s. NR 104.04, intrastate waters in the northwest district counties of Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor and Washburn shall meet the criteria for fish and aquatic life and recreational use with exceptions and additions as follows:

NR 104.10(1) (1) Addition. The public water supply standard shall be met in the following surface waters:

NR 104.10(1)(a) (a) Lake Lavina in Iron county.

NR 104.10(1)(b) (b) Little Rib lake in Taylor county.

NR 104.10(2) (2) Variance. Surface waters in the northwest district subject to a variance under s. NR 104.02 (3) are listed in table 8.

NR 104.10(3) (3) Other variances.

NR 104.10(3)(a) (a) The Flambeau river from the upper dam at Park Falls downstream to the Crowley dam shall meet the standards for fish and aquatic life and recreational use, except that the dissolved oxygen may not be lowered to less than 3.0 mg/L at any time. On June 30, 1984, this variance shall expire and after that date all portions of the Flambeau river shall meet the standards for fish and aquatic life and recreational use, including the dissolved oxygen standard of 5.0 mg/L.

NR 104.10(3)(b) (b) Newton creek in the city of Superior, from the headwaters to its mouth into Hog Island Inlet of Superior Bay shall be classified as a noncontinuous stream and shall also be classified for fish and aquatic life uses with the subcategory of limited forage fish communities. Hog Island Inlet and Superior Bay shall be classified for fish and other aquatic life uses with the subcategory of great lake communities.

NR 104.10 History History: Cr. Register, September, 1976, No. 249, eff. 10-1-76; am. table 8, Register, December, 1977, No. 264, eff. 1-1-78; cr. entry 27, table 8, Register, September, 1981, No. 309, eff. 10-1-81; am. (3) (a), Register, May, 1983, No. 329, eff. 6-1-83; am. (3) (b), Register, February, 1989, No. 398, eff. 3-1-89; am. (3) (b), Register, April, 1991, No. 424, eff. 5-1-91.

subch. II of ch. NR 104 Subchapter II — Interstate Waters

NR 104.20 NR 104.20 Wisconsin-Illinois waters.

NR 104.20(1) (1) The Des Plaines River, Pitscasaw Creek, Nippersink Creek and Turtle Creek upstream of the Rock-Walworth county line are used for wildlife and stock watering, waste assimilation, warm water fishery and recreation. Dutch Gap Canal and Trevor Creek have similar uses excepting waste assimilation. The main stems of these streams shall meet the requirements for recreational use and fish and aquatic life.

NR 104.20(2) (2) The Fox River is used for recreation, waste assimilation, industrial supply, fishing and irrigation. Water quality in the Fox River shall meet the standards for recreational use and fish and aquatic life.

NR 104.20(3) (3) Benet/Shangrila, Cross and Elizabeth Lakes are located on the Wisconsin-Illinois boundary and used for fishing and recreation. Their water quality shall meet the requirements for fish and aquatic life and recreational use.

NR 104.20(3)(d) (d) The Rock River and Sugar River are used for waste assimilation, recreation, fish and aquatic life, irrigation, stock and wildlife watering and hydropower. Their waters shall meet water quality standards for recreational use and fish and aquatic life.

NR 104.20(5) (5) Turtle Creek below the Rock-Walworth county line, Raccoon Creek, East Fork Raccoon Creek, East Fork Galena River, Spafford Creek, Menominee River, Pecatonica River and Galena River are used for recreation, stock and wildlife watering, waste assimilation and fish and aquatic life. Richland Creek and East Branch Richland Creek, Apple River and West Fork Apple River, Sinsinawa River, Little Menominee River and a tributary of the East Fork Galena River have similar uses excepting waste assimilation. Water quality of these streams shall meet standards for recreational use and fish and aquatic life.

NR 104.20(6) (6) Honey Creek is used for waste assimilation, stock and wildlife watering, recreation and fish and aquatic life. A section from the Wisconsin-Illinois state line upstream to the Clarno-Cadiz town line shall meet the requirements for recreational use and fish and aquatic life.

NR 104.20(7) (7) The sector of Honey Creek above the Clarno-Cadiz town line shall meet the standards for fish and aquatic life except that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time.

NR 104.20 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.01, Register, July, 1991, No. 427, eff. 8-1-91; CR 19-014: am. (7) Register April 2020 No. 772, eff. 5-1-20.

NR 104.21 NR 104.21 Wisconsin-Minnesota-Iowa-Illinois waters. The Mississippi River is used for commercial and recreational fishing, industrial and cooling water supply, boating, hunting, commercial shipping and waste assimilation. Water quality shall meet the standards and requirements for recreational use and fish and aquatic life.

NR 104.21 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.02, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.22 NR 104.22 Wisconsin-Minnesota waters.

NR 104.22(1) (1) The St. Croix River has high scenic and aesthetic value and is used for recreation, fishing, hydropower, commercial shipping, stock and wildlife water supply, and waste assimilation. An anticipated use involves industrial and cooling water supply. Its water quality shall meet the standards and requirements for recreational use and fish and aquatic life. The standards for public water supply shall be met downstream from the north line of Polk county.

NR 104.22(2) (2) Upper Tamarack River, East Branch Hay Creek and West Branch Hay Creek are used for recreation, fishing, and stock and wildlife water supply. Their water quality shall meet the requirements for recreation and fish and aquatic life.

NR 104.22(3) (3) The St. Louis River adjoining Wisconsin is used for recreation, fishing, waste assimilation and commercial shipping. It is anticipated that a future use in the Lower St. Louis River will include cooling and industrial water supply. The St. Louis River water quality shall meet standards for recreational use and fish and aquatic life.

NR 104.22(4) (4) Black River and Black Lake, Nemadji River and South Fork Nemadji River, Mud Creek, Clear Creek, Pokegama River and Red River are used for fishing, stock and wildlife water supply and recreation. Water quality of these streams shall meet the standards and requirements for recreation and fish and aquatic life. A section of Black River is classified for trout.

NR 104.22 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.03, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.23 NR 104.23 Wisconsin-Minnesota-Michigan waters. Lake Superior is used for recreation, commercial and recreational fishing, shipping, municipal water supply, industrial and cooling water, and waste assimilation. Lake Superior open waters shall meet the criteria and requirements for public water supplies. All waters of Lake Superior shall meet the standards for recreational use and fish and aquatic life.

NR 104.23 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.04, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.24 NR 104.24 Wisconsin-Michigan waters.

NR 104.24(1) (1) The Montreal River is used for hydropower, recreation, wildlife and stock watering, waste assimilation and has aesthetic value. Its waters shall meet the standards and requirements for recreational use and fish and aquatic life.

NR 104.24(2) (2) Several waters cross the Wisconsin-Michigan line including Wester Creek, Black River tributaries, McDonald Creek tributaries, Bena Lake Inlet, Harris Creek, Moraine Creek, Oxbow Lake Inlet, Unnamed Creek between Little Presque Isle Lake and Twin Island Lake, South and East Branch Presque Isle River, tributary to Palmer Lake, Johnson Springs Outlet, Lobischer Creek and Elvoy Creek and the following lakes:

Uses of these waters include fishing, recreation, aesthetic, and stock and wildlife watering. Their water quality shall meet the requirements and standards for recreation and fish and aquatic life. The Black River tributaries and Elvoy Creek are classified as trout waters.

NR 104.24(3) (3) The Brule and Menominee Rivers are used for hydropower production and the latter stream is used for waste assimilation and industrial water supply. Fishing, recreation, aesthetic values and stock, and wildlife watering are common to both. The Brule River is classified as a trout stream and it shall meet the requirements for recreation and the standards for trout waters. Waste quality requirements and standards on the Menominee River shall meet the standards for recreational use and fish and aquatic life.

NR 104.24(4) (4) Green Bay is used for public water supply, recreation, commercial and recreational fishing, industrial and cooling water, and waste assimilation. The waters of Green Bay, except as provided below, shall meet the standards for fish and aquatic life and recreational use.

NR 104.24(5) (5) Green Bay waters southeasterly from the navigation channel and southerly from the north line of Brown County shall from January 1 to April 1 annually meet the standards for recreational use and fish and aquatic life except that the dissolved oxygen shall not be lowered to less than 2 mg/L at any time.

NR 104.24 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.05, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.25 NR 104.25 Wisconsin-Michigan-Illinois-Indiana waters. Lake Michigan is used for recreation, commercial and recreational fishing, shipping, public water supply, waste assimilation, and industrial and cooling water. All Lake Michigan waters shall meet the standards for public water supplies and the standards for recreational use and fish and aquatic life, in addition to the thermal criteria contained in s. NR 102.04, Stats.

NR 104.25 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; reprinted to correct printing error, Register, February, 1987, No. 374; renum. from NR 103.06, Register, July, 1991, No. 427, eff. 8-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553.

NR 104.26 NR 104.26 Trout waters. Trout waters include the open waters of Lakes Superior and Michigan as well as those classified by the department of natural resources. They must be given special protection as required by the fish and aquatic life standards.

NR 104.26 History History: Cr. Register, September, 1973, no. 213, eff. 10-1-73; reprinted to correct printing error, Register, February, 1987, No. 374; renum. from NR 103.07, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.27 NR 104.27 Fish reproduction. Standards adequate to maintain fish reproduction shall be maintained in the open waters of Lake Superior and Lake Michigan and in all other interstate waters which are designated by the department as of primary importance in the public interest for the maintenance of fish reproduction.

NR 104.27 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. from NR 103.08, Register, July, 1991, No. 427, eff. 8-1-91.

NR 104.28 NR 104.28 Revision of designated uses. Modification of the uses and designated standards established in this chapter may be initiated by the department, by petition of any interested person, or by the natural resources board, subject to the provisions of ch. 227, Stats.