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Register April 2005 No. 592
Chapter NR 351
EXEMPTIONS FROM WATER QUALITY CERTIFICATION
IN NONFEDERAL WETLANDS
NR 351.01   Applicability; purpose.
NR 351.02   Definitions.
NR 351.03   Exemptions from water quality certification.
NR 351.04   Inapplicability of exemptions from water quality certification.
NR 351.05   Incorporation by reference.
Ch. NR 351 NoteNote: As a result of 2011 Wis. Act 118, ss. 88 to 96, this chapter now applies to all activities located in all wetlands, federal and nonfederal, when the activities are activities that may or may not be exempt under s. 281.36 (4) or (5), Stats.
NR 351.01NR 351.01 Applicability; purpose.
NR 351.01(1)(1) Applicability. This chapter applies to all activities located in nonfederal wetlands exempted from state water quality certification under s. 281.36 (4) and (5), Stats.
NR 351.01(2)(2) Purpose. This chapter is adopted under s. 281.36 (6), Stats., to identify and incorporate by rule any federal regulation, rule, memorandum of agreement, guidance letter, interpretive document or other provision established by a federal agency that is promulgated or adopted pursuant to s. 33 USC 1344 (f) or that is used to interpret or implement s. 33 USC 1344 (f) for determining whether certain activities in nonfederal wetlands are eligible for exemption under s. 281.36 (4) and (5), Stats.
NR 351.01 HistoryHistory: CR 02-015: cr. Register January 2003 No. 565, eff. 2-1-03.
NR 351.02NR 351.02 Definitions. The definitions contained in s. 281.36 (1), Stats., apply to the terms used in this chapter.
NR 351.02 HistoryHistory: CR 02-015: cr. Register January 2003 No. 565, eff. 2-1-03.
NR 351.03NR 351.03 Exemptions from water quality certification. The exempted activities for which this chapter is applicable to are those under s. 281.36 (4), Stats.
NR 351.03 HistoryHistory: CR 02-015: cr. Register January 2003 No. 565, eff. 2-1-03.
NR 351.04NR 351.04 Inapplicability of exemptions from water quality certification. This chapter applies to all activities that meet the conditions and criteria pursuant to s. 281.36 (4) and (5), Stats.
NR 351.04 HistoryHistory: CR 02-015: cr. Register January 2003 No. 565, eff. 2-1-03.
NR 351.05NR 351.05 Incorporation by reference. The following federal regulations, rules, memoranda of agreement, guidance letters, interpretive documents or other provisions established by a federal agency that is promulgated or adopted pursuant to s. 33 USC 1344 (f) or that is used to interpret or implement s. 33 USC 1344 (f) when determining whether certain activities in nonfederal wetlands are exempt or not eligible for exemption under s. 281.36 (4) and (5), Stats., are hereby incorporated by reference under ss. 227.21 (2) and 281.36 (6), Stats.:
NR 351.05(1)(1) Code of Federal Regulations (CFR). U.S. Army Corps of Engineers Regulatory Program Regulations 33 CFR 320-331 and U.S. Environmental Protection Agency Program Regulations 40 CFR 232.
NR 351.05 NoteNote: The documents in Table 1 are available at the following websites. U.S. Army Corps of Engineers, Regulatory Program, Statutory, Administrative & Judicial Materials (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx). U.S. Environmental Protection Agency documents (http://www.epa.gov/epahome/rules.html#codified) and Title 40 CFR: Protection of the Environment (http://www.epa.gov/epahome/cfr40.htm). Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:
NR 351.05 NoteSuperintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954
NR 351.05(2)(2) U.S. Army Corps of Engineers Regulatory Guidance Letters.
NR 351.05 NoteNote: The documents in Table 2 are available at the following website: U.S. Army Corps of Engineers, Regulatory Program, Statutory, Administrative & Judicial Materials (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx). Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:
NR 351.05 NoteSuperintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954
NR 351.05(3)(3) Memoranda of Understanding and Agreement (MOA/MOUs). Memorandum for the Field: Clean Water Act Section 404 Regulatory Program and Agricultural Activities (USEPA and Department of the Army).
NR 351.05 NoteNote: The above MOA can be obtained at website (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/MOUMOAs.aspx). Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:
NR 351.05 NoteSuperintendent of Documents
PO Box 371954
Pittsburgh PA 15250-7954
NR 351.05 HistoryHistory: CR 02-015: cr. Register January 2003 No. 565, eff. 2-1-03.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.