Chapter NR 343

Register November 2008 No. 635

Chapter NR 343

PONDS AND ARTIFICIAL WATERWAYS

NR 343.01   Purpose.

NR 343.02   Applicability.

NR 343.03   Definitions.

NR 343.04   Pond or artificial water body application.

NR 343.05   Erosion control plan requirements.

NR 343.06   Construction site inspections and maintenance.

NR 343.07   General permit.

NR 343.08   Individual permits.

NR 343.09   Requirement for public access.

NR 343.10   Enforcement.

Ch. NR 343 Note Note: Chapter NR 343 was created as an emergency rule effective April 19, 2004; chapter NR 343 was repealed and recreated by an emergency rule effective August 24, 2004.

NR 343.01 NR 343.01 Purpose. The purpose of this chapter is to establish criteria defining those activities needing a permit for a pond or artificial water body as required by s. 30.19 (1g) (a) and (am), Stats.; and to specify permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner’s rights and property for pond sites regulated under this chapter.

NR 343.01 History History: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 343.02 NR 343.02 Applicability.

NR 343.02(1) (1) Pond or artificial water body sites. This chapter applies to activities regulated under s. 30.19 (1g) (a) and (am), Stats. An application to construct, dredge or enlarge any part of a pond or artificial water body shall be filed with the department pursuant to ch. NR 300 by any person for any artificial water body that either:

NR 343.02(1)(a) (a) Connects with a navigable waterway.

NR 343.02(1)(b) (b) Is located within 500 feet of the ordinary high water mark of an existing navigable waterway.

NR 343.02 Note Note: This includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

NR 343.02(2) (2) Compliance. Any person responsible for the site regulated by this chapter shall comply with all applicable provisions of this chapter and the appropriate permit issued pursuant to this chapter.

NR 343.02(3) (3) Exemptions. This chapter does not apply to any of the following:

NR 343.02(3)(a) (a) The construction or repair of any public highway where public highway has the meaning given for highway in s. 340.01 (22), Stats.

NR 343.02(3)(b) (b) Any agricultural use of land.

NR 343.02(3)(c) (c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

NR 343.02(3)(d) (d) Any activity that affects a portion of Lake Michigan, Lake Superior or a navigable stream that is located within a county having a population of 750,000 or more.

NR 343.02(3)(e) (e) Any work required to maintain the original dimensions of an enlargement of an artificial water body done pursuant to a permit or legislative authorization under s. 30.19 (1g) (a) or (am), Stats., provided appropriate erosion control practices are implemented and maintained and dredge spoils are disposed of in an appropriate manner and location.

NR 343.02(3)(f) (f) An infiltration device designed to meet the performance standards of s. NR 151.12 (5) (c) or to meet an equivalent local ordinance that requires volume reduction and is not located in a wetland or existing navigable waterway.

NR 343.02 Note Note: The landowner of a site exempt under par. (c) or (d) is still required to submit a notice of intent under subch. III of ch. NR 216 for land disturbing construction activity of one or more acres.

NR 343.02(3)(g) (g) A sediment trap draining a maximum of 5 acres and designed to meet the performance standards of s. NR 151.11 (6) or to meet an equivalent local ordinance and is not located in a wetland or existing navigable waterway.

NR 343.02(3)(h) (h) A temporary sediment basin or stormwater management pond designed to meet the performance standards of s. NR 151.11 (6) or to meet an equivalent local ordinance where the crest of the berm of the basin is more than 35 feet from the ordinary high water mark and no portion of the basin is within 100 feet of the location of any public rights feature as described in s. NR 1.06.

NR 343.02 Note Note: Nonmetallic mining projects shall be processed under ch. NR 340 and shall meet all the standards in ch. NR 340 not ch. NR 343.

NR 343.02 History History: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-013: am. (1) (intro.) Register June 2023 No. 810, eff. 7-1-23.

NR 343.03 NR 343.03 Definitions. For the purposes of this chapter, the following definitions are applicable:

NR 343.03(1) (1) “Agricultural use of land” means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping.

NR 343.03 Note Note: This definition is equivalent to the definition in s. 30.40 (1), Stats., and differs from the definition in ss. NR 151.002 (2) and 216.42 (2) only in that beekeeping is included and tree nurseries are not included.

NR 343.03(2) (2) “Artificial water body” means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

NR 343.03(3) (3) “Connects with a navigable waterway” means any artificial waterbody that is attached by means of enlargement or by a natural or artificial channel or drainage course, or an open or closed conduit, any of which tend to confine and direct flow into the existing navigable waterway.

NR 343.03(4) (4) “Department” means the department of natural resources.

NR 343.03(5) (5) “Grading” means the physical disturbance of the bank by the addition, removal or redistribution of soil.

NR 343.03(6) (6) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a disturbance to soil or existing vegetative or non-vegetative soil cover that may result in stormwater runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

NR 343.03(7) (7) “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 343.03 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 343.03(8) (8) “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 343.03(9) (9) “Storm event” means any amount of precipitation equal to or greater than 0.01 inches with a minimum time between storms of 6 hours.

NR 343.03(10) (10) “Stormwater” means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

NR 343.03(11) (11) “Stormwater management pond” means any temporary or permanent artificial water body designed to specifications generally accepted to reduce the water quantity or water quality impacts of stormwater and to hold water for any period of time. This does not include facilities to which this chapter is not applicable as listed in s. NR 343.02 (3) (f), (g) and (h).

NR 343.03 History History: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 343.04 NR 343.04 Pond or artificial water body application. All of the following information shall be submitted for a pond or artificial water body application:

NR 343.04(1) (1) Ownership. A copy of the deed, lease, land contract or other document showing ownership of the project site.

NR 343.04(2) (2) Photos. Photographs that clearly show the existing project area with a size reference.

NR 343.04(3) (3) Permission. Permission from landowners for department staff to enter the site.

NR 343.04(4) (4) Plans. Plan drawing sheet, including at least one typical cross-section detail.

NR 343.04(5) (5) Description. A narrative description of the pond or artificial water body proposal describing:

NR 343.04(5)(a) (a) What the project is.

NR 343.04(5)(b) (b) Methods, materials and equipment to be used.