Chapter NR 333

NR 333.06 History History: Cr. Register, May, 1995, No. 353, eff. 6-1-85; CR 00-136: r. and recr., Register July 2001, No. 547 eff. 8-1-01.

NR 333.07 NR 333.07 Hydraulic design and safety requirements.

NR 333.07(1) (1) Minimum hydraulic capacity. Except as provided in sub. (2), all proposed and existing dams shall have the minimum hydraulic capacity shown in Table I:

NR 333.07(2) (2) Reduced requirements.

NR 333.07(2)(a) (a) Unless the department determines that public safety requires full compliance with the substantive requirements of this rule, all dams which will be submerged by flows less than the minimum hydraulic capacity specified in Table I shall be designed to pass the flow of the river at submergence.

NR 333.07(2)(b) (b) Any owner may provide documentation to justify a different spillway capacity from that specified in Table I. The department shall review such documentation and may approve the spillway capacity proposed by the owner if it determines that such capacity will not result in an additional hazard to life, health or property when compared to the capacity specified in Table I.

NR 333.07(3) (3) Safety measures. The owners of all new and existing dams shall comply with the following safety measures:

NR 333.07(3)(a) (a) The owner shall have an adequate operation, inspection and maintenance plan for the dam.

NR 333.07(3)(b) (b) The dam shall be structurally stable for any flow condition up to and including the design flood flow.

NR 333.07(3)(c) (c) An adequate emergency action plan shall be prepared for the area downstream from the dam in consultation with the local unit of government and concurred in by the division of emergency government. An adequate emergency action plan shall include, but is not limited to, the following information:

NR 333.07(3)(c)1. 1. A notification flow chart identifying involved agencies, other dam owners both upstream and downstream and their phone numbers.

NR 333.07(3)(c)2. 2. Emergency operation procedures.

NR 333.07(3)(c)3. 3. An inundation map of the hydraulic shadow on a scale of l” = 2000’ or less that extends downstream to an elevation within one foot of the dam nonexistent profile.

NR 333.07(3)(c)4. 4. Procedures for notification of all property owners affected by a dam failure and a list of their names, addresses and phone numbers.

NR 333.07 Note Note: For additional information on emergency action plans refer to Chapter 6 of the Federal Energy Regulatory Commission’s “Engineering Guidelines for the Evaluation of Hydropower Projects”.

NR 333.07(3)(d) (d) Documentation showing that the requirements of pars. (a) to (c) have been met shall be submitted to the department for approval. The department shall review and approve or disapprove of the documented safety measures in writing within 90 business days after the department receives the documentation.

NR 333.07 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: r. (1), renum. (2) to (4) to be (1) to (3) and am. (1), (2), (3) (c) and (d) and Table I, Register July 2001, No. 547 eff. 8-1-01.

NR 333.08 NR 333.08 Construction.

NR 333.08(1) (1) Construction of a new dam or reconstruction of an existing dam may not begin until the department approves the plans and specifications submitted under s. NR 333.05.

NR 333.08(2) (2) Alterations to any plans or specifications that were approved by the department under s. NR 333.05 which will affect the flood flow capacity or structural integrity of a dam shall be approved by the department before construction or reconstruction of the dam.

NR 333.08(3) (3) All dams shall be constructed or reconstructed under the supervision of a professional engineer registered in the state of Wisconsin. The supervising engineer shall, within 10 days after completing the construction or reconstruction of a dam, submit a statement indicating that the dam was constructed or reconstructed in accordance with the plans and specifications approved by the department under s. NR 333.05.

NR 333.08(4) (4) As-built plans shall be submitted to the department within 30 business days after the completion of construction or reconstruction of a dam.

NR 333.08 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. (3), Register July 2001, No. 547 eff. 8-1-01.

NR 333.09 NR 333.09 Financial assurance.

NR 333.09(1) (1) General requirement.

NR 333.09(1)(a) (a) Except as provided in par. (b), the owner of a dam shall file a bond, escrow account, lien or other financial assurance satisfactory to the department prior to the commencement of construction or reconstruction of the dam. The amount of such financial assurance shall equal the estimated cost of removing the dam and restoring the stream channel to its natural condition or the cost of constructing or reconstructing the dam, whichever is less, based on the cost estimate submitted by the owner under s. NR 333.05 (3).

NR 333.09(1)(b) (b) Where the owner is a state or interstate agency or a city, county, village, special purpose district or other unit of government, financial assurance is not required if the owner demonstrates to the department’s satisfaction that it has made or will make sufficient funds available to construct or reconstruct the dam or to remove the dam and restore the stream channel it its natural condition, whichever is less expensive.

NR 333.09(2) (2) Notification. As part of its approval of the plans and specifications submitted pursuant to s. NR 333.05, the department shall notify the applicant of the required level of financial assurance.

NR 333.09(3) (3) Forfeiture requirements.

NR 333.09(3)(a) (a) The financial assurance filed with the department shall be conditioned upon faithful performance of all of the requirements of ch. 31, Stats., the provisions of this chapter, and the conditions of any permit or order issued to the applicant for the dam pursuant to ch. 31, Stats.

NR 333.09(4) (4) Release. The department shall release or authorize the release of the applicant’s financial assurance within 60 business days after the receipt of a request for release if the department finds that the construction or reconstruction has been completed in accordance with the plans and specifications approved by the department, the provisions of this chapter and the conditions of any permit or order issued to the owner of the dam pursuant to ch. 3l, Stats.

NR 333.09 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. Register July 2001, No. 547 eff. 8-1-01.