Chapter NR 320

NR 320.06(1)(b) (b) Applicable activities. A replacement of a culvert that meets all the standards in par. (c) shall be exempt under s. 30.123 (6) (e), Stats. A replacement of a previously permitted culvert that meets all the standards in par. (d) shall be exempt under s. 30.123 (6) (d), Stats.

NR 320.06 Note Note: Section 30.123 (6) (e), Stats., was repealed by 2015 Wis. Act 55.

NR 320.06 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 320.06(1)(c) (c) Standards to replace a culvert that does not exceed 24-inches in diameter.

NR 320.06(1)(c)1. 1. The culvert may not be located in an area of special natural resource interest, in a public rights feature as described in s. NR 1.06, or in navigable tributaries to surface waters identified as trout streams by the department in s. NR 1.02 (7).

NR 320.06(1)(c)2. 2. The culvert may not exceed 24 inches in diameter, span or width.

NR 320.06(1)(c)3. 3. For a culvert replacement to be considered exempt, the culvert must be in place or documented to have been in place in the past 3 years.

NR 320.06 Note Note: The historical presence of a culvert that is no longer in place or was not in place in the past 3 years does not constitute a replacement.

NR 320.06(1)(c)4. 4. The replacement culvert shall be an in-kind replacement of a single culvert of the same cross-sectional area and of equal or shorter length of culvert that is being replaced.

NR 320.06(1)(c)5. 5. The required culvert area may not exceed 3 square feet as calculated in s. NR 320.07 (1), to ensure that a 24-inch culvert adequately passes stream flow and is not likely to create a ponded condition upstream.

NR 320.06(1)(c)6. 6. Culvert replacement and installation shall mimic the natural streambed and gradient above and below the culvert channel. Perched culverts are not in compliance with this condition.

NR 320.06 Note Note: A culvert which is part of a structure that functions as a dam requires an approval or permit under ch. 31, Stats.

NR 320.06(1)(c)7. 7. Both ends of the culvert shall be installed so 4 to 6 inches lies below the bed of the waterway.

NR 320.06(1)(c)8. 8. Culvert inlets may not be capped with screens, bars or any other means, with the exception of beaver control procedures, that prevents movement of fish or wildlife or collects debris. Culvert openings shall be inspected at least once a year for debris and any obstructions shall be removed.

NR 320.06(1)(c)9. 9. The culvert shall be designed to prevent washout. Culverts shall be long enough so road fill does not extend beyond the ends of the culvert. The culvert shall be no longer than the sum of the width of the roadtop, the slide slopes, and additional one foot on each side as calculated in s. NR 320.07 (3). The culvert shall extend at least one foot beyond the fill. The channel shall be protected with 3 to 12 inch diameter variable sized riprap extending horizontally at least 2 times the culvert diameter from the end of the culvert. Riprap placement shall include an adequate filter layer or filter fabric.

NR 320.06 Note Note: Prefabricated culvert end sections may be a viable alternative to stabilization with rip rap.

NR 320.06(1)(c)10. 10. Clean fill material shall be firmly compacted around the culvert. The culvert shall be designed or protected to prevent crushing.

NR 320.06(1)(c)11. 11. Dredging under s. 30.20 (1g) (b) 1., Stats., and deposition of sand, gravel or stone on the stream bed under s. 30.12 (1g) (a), Stats., may be associated with the replacement of a culvert provided dredging is limited to the volume necessary to bury the culvert as required in subd. 5. and the deposit is limited to the area immediately underneath or within 2 feet of the culvert.

NR 320.06(1)(c)12. 12. Culvert replacement is prohibited from March 15 to June 1 annually to minimize adverse impacts on fish movement, fish spawning, egg incubation periods and high stream flows. Where emergency replacement is necessary to access an existing residence or agricultural lands, the culvert may be replaced during this time period if construction can be completed within 6 hours.

NR 320.06(1)(c)13. 13. 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 320.06 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 320.06(1)(c)14. 14. 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 construction or installation shall be restored.

NR 320.06(1)(c)15. 15. 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. 15. a. to c. or h. Decontamination shall include either subd. 15. 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 320.06(1)(c)15.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 320.06(1)(c)15.b. b. Drain all water from equipment used in navigable waters.

NR 320.06 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 320.06(1)(c)15.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 320.06(1)(c)15.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

NR 320.06(1)(c)15.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

NR 320.06(1)(c)15.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 320.06 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 320.06(1)(c)15.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 320.06 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).

NR 320.06(1)(c)15.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 320.06 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 320.06 Note Note: Equipment shall be operated from the roadway or streambank only (see s. 30.29, Stats).

NR 320.06 Note Note: A permit is required under s. 30.19, Stats., and ch. NR 341 if land disturbance or excavation exceeds 10,000 square feet on the bank of the navigable waterway.

NR 320.06(1)(d) (d) Standards to replace a previously permitted culvert.

NR 320.06(1)(d)1. 1. A culvert that is authorized by a permit issued under s. 30.12 or 30.123, Stats., may be replaced provided the construction, placement and maintenance will comply with the same conditions of the original permit.

NR 320.06 Note Note: If changes to land use, flood flows, or navigational patterns have occurred since a culvert was originally permitted, the initial standards may no longer be appropriate and may need to be modified.

NR 320.06(1)(d)2. 2. Both ends of the culvert shall be installed so a minimum of 4″ with a maximum of 8″ of a round culvert or 6″ of a pipe arch culvert lies below the bed of the waterway.

NR 320.06 Note Note: In most cases, the pipe arch culvert is the recommended culvert design because it is effective in low clearance installations, generally requires less fill, and the wider bottom allows for the better retention of natural substrates.

NR 320.06(1)(d)3. 3. 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 320.06 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 320.06(1)(d)4. 4. 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 320.06(1)(d)5. 5. A deposit of sand, gravel or stone under s. 30.12 (1g) (a), Stats., may be associated with the replacement of a culvert provided the deposit is limited to the area immediately underneath or within 2 feet of the culvert.

NR 320.06(1)(d)6. 6. Dredging under s. 30.20 (1g) (b) 1., Stats., is allowed for the replacement of a culvert provided it is limited to the volume necessary to bury the culvert as required in subd. 2.

NR 320.06(1)(d)7. 7. 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. 7. a. to c. or h. Decontamination shall include either subd. 7. 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 320.06(1)(d)7.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 320.06(1)(d)7.b. b. Drain all water from equipment used in navigable waters.

NR 320.06 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 320.06(1)(d)7.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 320.06(1)(d)7.d. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

NR 320.06(1)(d)7.e. e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

NR 320.06(1)(d)7.f. f. Allow equipment to dry thoroughly for not less than 5 days.

NR 320.06 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 320.06(1)(d)7.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 320.06 Note Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).

NR 320.06(1)(d)7.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 320.06 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 320.06(1)(e) (e) Permit required.

NR 320.06(1)(e)1. 1. Activities that do not meet the standards in par. (c) or (d) or are otherwise determined ineligible for an exemption by the department require a general permit or individual permit.

NR 320.06(1)(e)2. 2. The department has the authority under s. 30.123 (6m), Stats., to require a permit in lieu of exemption.

NR 320.06(2) (2) General permits.

NR 320.06(2)(a) (a) Procedures.

NR 320.06(2)(a)1. 1. General permits shall be processed according to the procedures in ch. NR 300.

NR 320.06(2)(a)2. 2. If the department determines that a 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 320.06(2)(a)2.a. a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.

NR 320.06(2)(a)2.b. b. The project has received an incidental take authorization under s. 29.604, Stats.

NR 320.06(2)(a)3. 3. If the applicant modifies the project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department may consider the application complete or issue a general permit.

NR 320.06(2)(b) (b) Applicable activities. A clear span bridge that meets all the standards in s. NR 320.04 and pars. (c) and (d) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats. A culvert placement that meets all the standards in par. (c) and either par. (e) or (f) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats. A temporary in-stream crossing that meets all the standards in pars. (c) and (g) shall be eligible for a general permit under ss. 30.123 (7) (a) and (b) and 30.206, Stats.

NR 320.06 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 320.06(2)(c) (c) General standards.

NR 320.06(2)(c)1. 1. 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 placement, repair or removal of a structure shall be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.

NR 320.06 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 320.06(2)(c)2. 2. 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 of temporary erosion and sediment control practices shall be restored.

NR 320.06(2)(c)3. 3. To minimize adverse impacts on fish movement, fish spawning, egg incubation periods and high stream flows, placement, repair and removal of a structure may not occur during the following time periods:

NR 320.06(2)(c)3.a. a. For trout streams identified under s. NR 1.02 (7) and navigable tributaries to those trout streams, September 15 through May 15.

NR 320.06(2)(c)3.b. b. For all waters not identified in this subd. 3. a. and located south of state highway 29, March 15 through May 15.

NR 320.06(2)(c)3.c. c. For all waters not identified in this subd. 3. a. and located north of state highway 29, April 1 through June 1.

NR 320.06(2)(c)3.d. d. The applicant may request that the requirement in this subd. 3. a., b. or c. be waived by the department on a case-by-case basis, by submitting a written statement signed by the local department fisheries biologist, documenting consultation about the proposed project, and that the local department fisheries biologist has determined that the requirements of this paragraph are not necessary to protect fish spawning for the proposed project.

NR 320.06(2)(c)4. 4. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the placement, repair and removal of the structure and may not exceed 10,000 square feet.

NR 320.06(2)(c)5. 5. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.

NR 320.06(2)(c)6. 6. Placement, repair and removal of the structure shall minimize the removal of trees, shrubs and other shoreline vegetation above the ordinary high water mark.

NR 320.06 Note Note: Local zoning ordinances may place restrictions on activities located in mapped floodplains or in shoreland zones. The riparian is responsible for ensuring that their project is in compliance with any local zoning requirements as well as the provisions of this chapter.

NR 320.06(2)(c)7. 7. Approach fill shall be a maximum of one foot deep at the bank and 0 feet at 15 feet landward of the bank. If depth of greater than one foot of approach fill is required or the approach must be located in a wetland, it shall be of an open ramp style that does not impede flow. Geotextile fabric shall be placed under approach fill to facilitate removal and reduce soil compaction.

NR 320.06(2)(c)8. 8. Accumulated brush, debris and other obstructions that are trapped in or underneath the structure shall be regularly removed to prevent upstream flooding and maintain structural integrity.