NR 328.06(4)(c)(c) Locations where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, and where the applicant demonstrates that alternative measures are not practicable taking into consideration bank height and the location of other permanent structures on the property. NR 328.06(5)(5) Analysis of individual permits. The department shall consider factual data from applicants regarding all of the following factors in evaluating individual permit applications: NR 328.06 NoteNote: The Department’s analysis of individual permits is not constrained to the general permit standards identified in s. NR 328.05. NR 328.06(5)(a)(a) Whether shore protection measures allowed without permits or with a general permit would provide adequate erosion control. NR 328.06(5)(b)(b) The cumulative and individual impact on public rights and interests including fish and wildlife habitat, physical, chemical and biological effects on the adjacent waterway and natural scenic beauty including: interference with navigation and its incidents, i.e, swimming, boating, fishing and hunting; impacts on natural scenic beauty; and impacts on special concern, threatened or endangered species. NR 328.06 NoteNote: Less developed areas of the lake or less developed lakes in general will experience greater impacts on natural scenic beauty from the structure and its activity than other more developed areas or lakes.
NR 328.06 NoteNote: Survey information indicates that special concern, threatened, or endangered species or their habitats are found near the site.
NR 328.06(5)(c)(c) Impacts on littoral zone and nearshore habitat including: reduced density of woody cover in shallow water; reduced density, coverage and diversity of nearshore vegetation, such as terrestrial, emergent, floating-leafed and submerged zones; designated sensitive areas, spawning or nursery habitat.; change in nearshore substrate that reduces its suitability for habitat. NR 328.06 NoteNote: The structure and its associated activity located in or near spawning/nursery habitats or designated sensitive areas.
NR 328.06(5)(d)(d) The erosion exposure of the project site based on site-specific conditions, including ice and the presence of natural ice ridges. NR 328.06(5)(e)(e) The effect of the project on the adjoining upland and its ability to prevent erosion and sedimentation into the waterway. NR 328.06(5)(f)(f) Whether project designs or specific conditions can avoid or reduce impacts of the structure. Designs shall have high likelihood of success, and duration equal to the life-span of the structure. NR 328.06(6)(6) Existing permits. A shore protection 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 328.06 HistoryHistory: CR 02-099: 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 328.07NR 328.07 Prohibited erosion control methods. NR 328.07(1)(1) Permanent breakwaters. Except as provided in subch. II, construction of permanent breakwaters is prohibited. NR 328.07 NoteNote: Construction of new riprap may be authorized at moderate and high energy sites as provided in s. NR 328.05 (5) or 328.06 (3). NR 328.07 HistoryHistory: CR 02-099: cr. Register April 2005 No. 592, eff. 5-1-05. NR 328.08NR 328.08 Data requirements and site assessment methods. Applicants and department staff shall adhere to the following data requirements and site assessment methods: NR 328.08(1)(1) Calculation of storm-wave height. The department shall provide applicants with worksheets and internet-based computer software for the purpose of estimating storm wave height. Computer software shall be mathematically designed based on Young and Verhagen (1996) and Young (1998). Storm-wave heights shall be estimated according to Young and Verhagen (1996) and Young (1997) by applying a storm wind speed of 35 miles per hour (51.45 ft/sec), fetch at the applicant’s shore protection site, and the average depth along that fetch. To record fetch, applicants shall measure the longest unobstructed straight-line distance originating from the shore protection site across the water surface to the opposite intersect with the shore. To estimate average depth applicants shall examine a lake map, sum the reported depths along the fetch, and divide by the number of recorded values. At least 5 equally placed intervals along the fetch shall be used. NR 328.08 NoteNote: The citation for Young (1997) is as follows: Young, I.R. 1997. The growth rate of finite depth wind-generated waves. Coastal Engineering, Vol. 32, pp. 181-195. The citation for Young and Verhagen (1996) is as follows: Young, I.R. and L.A. Verhagen. 1996. The growth of fetch limited waves in finite water depth. Coastal Engineering, Vol. 29, pp. 47-78.
NR 328.08 NoteNote: Statewide storm wind speeds are estimated from Naber Knox, P. 1996. Wind Atlas of Wisconsin. Wisconsin Geological and Natural History Survey, Bulletin No. 94.
NR 328.08(2)(2) Calculation of erosion intensity. Where an applicant or the department believes that, as a result of site conditions, storm-wave height as calculated in sub. (1) may inaccurately predict the degree of erosion, the erosion intensity score may be calculated to determine erosion. The department shall provide applicants with worksheets and internet-based computer software for the purpose of calculating erosion intensity. When the department or applicants assess erosion at the shore protection site, they shall apply methods outlined in Table 1 to calculate an erosion intensity score. Wherever EI and storm-wave height result in different energy categories, the site shall be placed in the category as determined by EI. NR 328.08(3)(3) Bank edge recession measurements. Methods of measuring bank edge recession shall include all of the following: establishment of a physical measurement reference line between at least 2 headstakes; date-imbedded photographs showing the initial installation of the reference line and headstakes; reference distance measures to the bank lip shall be reported on department supplied forms; and time between separate measurements shall equal or exceed 3 months during the open-water season. Table 1
Erosion Intensity (Ei) Score Worksheet
Applicants and department staff shall use this worksheet to calculate erosion intensity pursuant to s. NR 328.08 (2). Note: Table 1 is adapted from Knutson, P. L., H. H. Allen, and J. W. Webb, 1990. “Guidelines for Vegetative Erosion Control on Wave-Impacted Coastal Dredged Material Sites, “Dredging Operations Technical Support Program Technical Report D-90-13,U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS 39180, 35 pp.
1 Average fetch: The following diagram describes the calculation of average fetch.