NR 343.08(1)(b)2.2. The pond or artificial water body project has received an incidental take authorization under s. 29.604, Stats.

NR 343.08(1)(c)(c) If the applicant modifies the pond or artificial waterbody project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department may consider the application complete or issue an individual permit.

NR 343.08(2)(2) Applicable activities. A pond or artificial waterway project which is not authorized by a general permit under s. NR 343.07 requires authorization by an individual permit pursuant to s. 30.19 (4), Stats.

NR 343.08(3)(3) Ponds and artificial waterway standards. Ponds or artificial waterways meeting the standards in s. 30.19 (4) (c), Stats., may be authorized under an individual permit.

NR 343.08 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05; CR 22-013: am. (1) (a) Register June 2023 No. 810, eff. 7-1-23.

NR 343.09NR 343.09 Requirement for public access. A permit issued under this chapter to construct a pond or artificial waterbody and to connect it to a navigable waterway shall require that the navigable portion of the pond or artificial waterbody be a public waterway if the connecting portion is navigable.

NR 343.09 HistoryHistory: CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 343.10(1)(1) Noncompliance with the provisions of ss. 30.19 and 30.206, Stats., this chapter, or any conditions of a general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may seek abatement under s. 30.294, Stats., for any activity in violation of ss. 30.19 and 30.206, Stats.

NR 343.10(2)(2) If the activity may be authorized by a general permit under s. 30.206, Stats., failure of an applicant to follow the procedural requirements may not, by itself, result in abatement of the activity.

NR 343.10(3)(3) When an after-the-fact permit application has been filed with the department, the department shall follow the procedures in ch. NR 300 for violations.

NR 343.10(4)(4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.

NR 343.10(5)(5) No person may construct, dredge or enlarge any part of a pond or artificial water body that connects with or is within 500 feet of a navigable waterway if the activity is not eligible for an exemption, authorized by a general permit or individual permit issued under this chapter, or otherwise authorized under this chapter.