NR 103.05 Note Note: Effective July 1, 2012, 2011 Wis. Act 118, sections 119 to 141, repealed, revised, and renumbered various parts of s. 281.37.

NR 103.05 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; CR 00-164: am. (3), Register January 2002 No. 553, eff. 2-1-02; CR 09-123: am. (3) Register July 2010 No. 655, eff. 8-1-10.

NR 103.06 NR 103.06 Applicability. The provisions of this chapter shall, subject to the provisions below, apply to all department regulatory, planning, resource management, liaison and financial aid determinations that affect wetlands. This chapter shall only apply to specific activities which may require authorization or reauthorization after August 1, 1991 and which are subject to the requirements of statute or rules requiring a department determination concerning effects on water quality or wetlands.

NR 103.06(1) (1) Activities subject to the requirements of this chapter include, but are not limited to:

NR 103.06(1)(a) (a) Permits, reviews, approvals and other actions under chs. 23 and 26 to 31, Stats.;

NR 103.06(1)(b) (b) Permits and approvals under chs. 281, 283, 289 and 291, Stats., except as provided in sub. (3);

NR 103.06(1)(c) (c) Water quality certification under ch. NR 299;

NR 103.06(1)(d) (d) Permits and approvals under chs. NR 500 to 520;

NR 103.06(1)(e) (e) Department development and management projects; and

NR 103.06(1)(f) (f) Actions under ch. NR 120.

NR 103.06(2) (2) In addition to the requirements of s. NR 207.03 (5), this chapter shall apply to new or increased point source discharges to wetlands.

NR 103.06(3) (3) Wetland alterations which are directly caused by operations on a nonferrous metallic mineral prospecting site or mining site shall be regulated pursuant to specific wetland standards under chs. NR 131 and 132, respectively.

NR 103.06(4) (4) Exemptions. A person who proposes a project that may affect an artificial wetland shall notify the department at least 15 working days prior to initiating the project. For purposes of this chapter, the following artificial wetlands are exempt from the provisions of this chapter unless the department notifies the applicant within 15 working days from when the department receives notice of the proposed project from the applicant that the artificial wetland has significant functional values or uses under s. NR 103.03 (1) (e), (f) or (g):

NR 103.06(4)(a) (a) Sedimentation and stormwater detention basins and associated conveyance features operated and maintained only for sediment detention and flood storage purposes;

NR 103.06(4)(b) (b) Active sewage lagoons, cooling ponds, waste disposal pits, fish rearing ponds and landscape ponds.

NR 103.06(4)(c) (c) Actively maintained farm drainage and roadside ditches.

NR 103.06(4)(d) (d) Artificial wetlands within active nonmetallic mining operations.

NR 103.06(4m) (4m) Wetland alterations which are directly caused by a ferrous metallic mining operation or bulk sampling shall be regulated pursuant to specific wetland standards under s. 295.60, Stats.

NR 103.06 Note Note: This chapter does not apply to activities which are exempted from state and federal regulations. Examples include certain silvicultural and agricultural activities exempted under ch. 30, Stats., and s. 404 of the Clean Water Act (33) USC 1344. This chapter is not applicable to local zoning decisions.

NR 103.06 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; cr. (4), Register, May, 1998, No. 509, eff. 6-1-98; CR 13-057: am. (3), cr. (4m) Register July 2015 No. 715, eff. 8-1-15.

NR 103.07 NR 103.07 Definitions. As used in this subchapter:

NR 103.07(1) (1) “Expansion activities of existing cranberry operations” means expansions of existing cranberry beds, “squaring-off” of existing cranberry beds, construction of new cranberry beds adjacent to existing beds, rehabilitation of abandoned beds, construction of dikes for subdivision of an existing reservoir, and the construction or extension of dikes for reservoir expansion.

NR 103.07(1m) (1m) “Mitigation project” means the restoration, enhancement or creation of wetlands to compensate for adverse impacts to other wetlands. “Mitigation project” includes using credits from a wetland mitigation bank.

NR 103.07(2) (2) “Practicable alternatives” means available and capable of being implemented after taking into consideration cost, available technology and logistics in light of overall project purposes.

NR 103.07(3) (3) “Water dependency” or “wetland dependency” means the activity is of a nature that requires location in or adjacent to surface waters or wetlands to fulfill its basic purpose.

NR 103.07(4) (4) “Wetland mitigation bank” means a system of accounting for wetland loss and compensation that includes one or more sites where wetlands are restored, enhanced or created to provide transferable credits to be subsequently applied to compensate for adverse impacts to other wetlands.

NR 103.07(5) (5) “Working day” means any day except Saturday, Sunday and holidays designated under s. 230.35 (4) (a), Stats.

NR 103.07 History History: Cr. Register, July, 1991, No. 427, eff. 8-1-91; cr. (1) and renum. (1) and (2) to be (2) and (3), Register, May, 1998, No. 509, eff. 6-1-98; CR 00-164: cr. (1m), (4), and (5), Register January 2002 No. 553, eff. 2-1-02.

NR 103.08 NR 103.08 Department determinations.