NR 102.03(3)(3) “Natural conditions” means the normal daily and seasonal variations in climatic and atmospheric conditions, and the existing physical and chemical characteristics of a water or the course in which it flows.

NR 102.03(4)(4) “Natural temperature” means the normal existing temperature of a surface water including daily and seasonal changes outside the zone of influence of any artificial inputs.

NR 102.03(4s)(4s) “Reservoir” means a waterbody with a constructed outlet structure intended to impound water and raise the depth of the water by more than two times relative to the conditions prior to construction of the dam, and that has a mean water residence time of 14 days or more under summer mean flow conditions using information collected over or derived for a 30 year period.

NR 102.03(5)(5) “Resource management” means the application of control techniques to enhance or preserve a surface water in accordance with statutory provisions and in the general public interest.

NR 102.03(6)(6) “Section 303 (d) list” means a list of waters that do not attain water quality standards and require a total maximum daily load analysis, as specified under section 303 (d) of the Clean Water Act, 33 USC 1313 (d).

NR 102.03(6m)(6m) “Stratified lake or reservoir” means a lake or reservoir where sufficient field data demonstrate that the lake is dimictic or, in absence of sufficient field data, the following equation results in a value of greater than 3.8:

NR 102.03(6s)(6s) “Stratified two-story fishery lake” or “two-story fishery lake” means a lake greater than 5 acres in size that is typically stratified in the summer, with the potential for an oxygenated hypolimnion, that has documentation at any time since 1975 of a population of cold water fish species such as cisco, whitefish, or trout that is sustained through natural reproduction or long-term active stocking with year-to-year survival.

NR 102.03 NoteNote: A list of two-story fishery lakes that contain naturally reproducing lake trout, whitefish, or cisco, or are stocked and managed by the department for brook, brown, rainbow, or lake trout, is available on the department’s designated uses website at https://dnr.wi.gov/topic/SurfaceWater/usedesignations.html.

NR 102.03(7)(7) “Surface waters” means all natural and artificial named and unnamed lakes and all naturally flowing streams within the boundaries of the state, but not including cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters (the term waters as used in this chapter means surface waters).

NR 102.03(8)(8) “Unauthorized concentrations of substances” means pollutants or other chemicals introduced into surface waters without prior permit or knowledge of the department, but not including accidental or unintentional spills.

NR 102.03 HistoryHistory: Cr. Register, September, 1973, No. 213, eff. 10-1-73; r. (1), renum. from NR 102.01, Register, February, 1989, No. 398, eff. 3-1-89; cr. (10), Register, May, 1993, No. 449, eff. 6-1-93; CR 07-111: cr. (intro.) and (1), r. (8) to (10), renum. (1) to (7) to be (2) to (8) Register September 2010 No. 657, eff. 10-1-10; CR 19-014: renum. (6) to NR 210.03 (10m), cr. (9) Register April 2020 No. 772, eff. 5-1-20; CR 21-083: cr. (4e), (4m) Register July 2022 No. 799, eff. 8-1-22; CR 19-094: am. (intro), cr. (1c) to (1m), renum. (1o) from NR 102.06 (2) (a), cr. (1q), (1v), renum. (4s) from NR 102.06 (2) (f), cr. (6), renum. (6e), (6m), (6s), (7m) from NR 102.06 (2) (fm), (g), (i), (j) and am. (6m), (6s) Register September 2022 No. 801, eff. 10-1-22; correction in (1q) made under s. 13.92 (4) (b) 7., Stats., Register September 2022 No. 801.

NR 102.04(1)(1) General. To preserve and enhance the quality of waters, surface water uses and criteria are established to govern water management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land development or other activities shall be controlled so that all surface waters including the mixing zone meet the following conditions at all times and under all flow and water level conditions:

NR 102.04(1)(a)(a) Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be present in such amounts as to interfere with public rights in waters of the state.

NR 102.04(1)(d)(d) Substances in concentrations or combinations which are toxic or harmful to humans shall not be present in amounts found to be of public health significance, nor shall substances be present in amounts which are acutely harmful to animal, plant or aquatic life.

NR 102.04(2)(2) Revised uses and criteria. The following uses and criteria may be revised as new information or advancing technology indicate that revisions are in the public interest. Water used for hydropower and commercial shipping depends mainly on quantity, depth and elevation; consequently, no specific quality criteria for these uses have been prepared.

NR 102.04(3)(3) Fish and other aquatic life uses. All surface waters shall belong in one of the fish and other aquatic life subcategories described in this subsection. Only those use subcategories identified in pars. (a) to (c) shall be considered suitable for the protection and propagation of a balanced fish and other aquatic life community as provided in the federal water pollution control act amendments of 1972, P.L. 92-500; 33 USC 1251 et seq.

NR 102.04(3)(a)(a) Cold water communities. This subcategory includes surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for cold water fish species. This subcategory includes, but is not restricted to, surface waters identified as trout water by the department of natural resources (Wisconsin Trout Streams, publication 6-3600 (80)).

NR 102.04(3)(b)(b) Warm water sport fish communities. This subcategory includes surface waters capable of supporting a community of warm water sport fish or serving as a spawning area for warm water sport fish.