NR 323.05(2)(c)3.3. 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 323.05(3)(3) Individual permits.

NR 323.05(3)(a)1.1. Individual permits shall be processed according to the procedures in ch. NR 300.

NR 323.05(3)(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 an individual permit until the applicant submits documentation to demonstrate one of the following:

NR 323.05(3)(a)2.a.a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.

NR 323.05(3)(a)2.b.b. The project has received an incidental take authorization under s. 29.604, Stats.

NR 323.05(3)(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 an individual permit.

NR 323.05(3)(b)(b) Applicable activities. A wildlife habitat structure which is not exempt under sub. (1) and is not authorized by a general permit under sub. (2) requires authorization by an individual permit pursuant to s. 30.12 (3m) (c), Stats.

NR 323.05(3)(c)(c) Standards. A wildlife habitat structure meeting the standards in s. 30.12 (3m), Stats., may be authorized under an individual permit.

NR 323.05(4)(4) Existing permits. A wildlife habitat structure which is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit. Any modifications to the structure that do not comply with the original permit conditions shall require a new individual permit and shall comply with all standards in this section.

NR 323.05 HistoryHistory: CR 04-064: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 22-013: am. (1) (a), (2) (a) 1., (3) (a) Register June 2023 No. 810, eff. 7-1-23.

NR 323.06(1)(1) Noncompliance with the provisions of ss. 30.12, 30.20 and 30.206, Stats., this chapter, or any conditions of an exemption, general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture, fine or imprisonment. The department may seek abatement under s. 30.294, Stats., for any activity in violation of ss. 30.12, 30.20 and 30.206, Stats.

NR 323.06(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 323.06(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 323.06(4)(4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.

NR 323.06(5)(5) No person may place a fish or wildlife habitat structure in 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.