NR 329.04(1)(e)10.10. Dredging under s. 30.20 (1g) (b) 1., Stats., may be associated with the placement of an intake or outfall structure provided the dredging does not exceed 2 cubic yards.
NR 329.04(1)(e)11.11. Outfall structures may not exceed 24 inches in diameter, and in streams, may not result in a discharge of more than 50% of the stream’s base flow (80% exceedence flow) at any given time.
NR 329.04(1)(e)12.12. Intake structures may not exceed 12 inches in diameter and the invert of the culvert shall be located above the public rights stage elevation as determined by the department under s. 31.02, Stats.
NR 329.04(1)(f)(f) Piling standards.
NR 329.04(1)(f)1.1. A piling may be placed and maintained only by a riparian.
NR 329.04(1)(f)2.2. A piling shall be placed entirely within the riparian’s zone of interest, as determined by one of the methods outlined in ch. NR 326.
NR 329.04(1)(f)3.3. A piling may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland.
NR 329.04(1)(f)4.4. A piling may not result in the permanent or temporary deposition of fill in any floodway or wetland.
NR 329.04(1)(f)5.5. A piling shall be placed only for the purposes of deflecting ice to protecting an existing or proposed structure, or providing a pivot point for turning watercraft.
NR 329.04 NoteNote: A piling as described in this rule may not be used for the purpose of constructing, repairing or maintaining a retaining wall, seawall or similar structure, or for any purpose other than described above.
NR 329.04(1)(f)6.6. A piling may not be placed or used for mooring a water craft, except in Lake Michigan, Lake Superior or on the Mississippi River.
NR 329.04(1)(f)7.7. A piling may consist of a group of not more than 5 individual piles placed adjacent to each other and firmly bound together.
NR 329.04(1)(f)8.8. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the construction and may not exceed 10,000 square feet.
NR 329.04(1)(f)9.9. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.
NR 329.04(1)(f)10.10. A deposit of sand, gravel or stone under s. 30.12 (1g) (a), Stats., may be associated with the placement of piling provided the deposit is limited to the area underneath the piling and is less than 2 cubic yards.
NR 329.04(1)(f)11.11. Dredging under s. 30.20 (1g) (b) 1., Stats., may be associated with the placement of piling provided the dredging does not exceed 2 cubic yards.
NR 329.04(1)(f)12.12. Pilings shall have a minimum side setback of 10 feet from the riparian zone.
NR 329.04(1)(g)(g) Permit required.
NR 329.04(1)(g)1.1. Activities which do not meet the standards in par. (c) and either par. (d), (e) or (f) or are otherwise determined ineligible for an exemption by the department under s. 30.12 (2m), Stats., shall require a general permit or individual permit.
NR 329.04(1)(g)2.2. The department has the authority under s. 30.12 (1m), Stats., to require a permit in lieu of exemption.
NR 329.04(2)(2)General permits.
NR 329.04(2)(a)(a) Procedures.
NR 329.04(2)(a)1.1. General permits shall be processed according to the procedures in ch. NR 300.
NR 329.04(2)(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 a general permit until the applicant submits documentation to demonstrate one of the following:
NR 329.04(2)(a)2.a.a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.
NR 329.04(2)(a)2.b.b. The project has received an incidental take authorization under s. 29.604, Stats.
NR 329.04(2)(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 can consider the application complete or issue a general permit.
NR 329.04(2)(b)(b) Applicable activities. A ford that meets the standards in pars. (c) and (d) shall be eligible for a general permit under ss. 30.12 (3) (a) 4. and 30.206, Stats. A boat landing that meets the standards in pars. (c) and (e) shall be eligible for a general permit under ss. 30.12 (3) (a) 5. and 30.206, Stats. A pea gravel blanket that meets the standards in pars. (c) and (j) shall be eligible for a general permit under ss. 30.12 (3) (a) 1. and 30.206, Stats. A structure that meets the standards in pars. (c) and either (f), (g), (h), (i) or (j) shall be eligible for a general permit under ss. 30.12 (3) (d) and 30.206, Stats.
NR 329.04 NoteNote: Eligibility for an exemption or general permit does not automatically result in a federal permit or state water quality certification for fill in wetlands. Some projects involving minimal wetland fill may be eligible for authorization under a U.S. Army Corps of Engineers general permit which has already been granted state water quality certification or a general permit under s. 281.36 (3g) (b), Stats. (under development) All other projects affecting wetlands will require individual water quality certification including public notice as required by s. 401, Federal Clean Water Act, and s. 281.36 (3b) (b), Stats., and carried out under chs. NR 103 and 299. For further instructions, see the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.”