NR 1.05(3)(c)(c) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats. NR 1.05(4)(4) All of the following are determined to be areas of special natural resources interest under s. 30.01 (1am) (c), Stats., as areas with significant scientific value: NR 1.05 NoteNote: Section 30.01 (1am) (c), Stats., was repealed by 2015 Wis. Act 387. NR 1.05(4)(a)(a) Waters or portions of waters that contain endangered or threatened species or aquatic elements as defined and identified in the Wisconsin Natural Heritage Inventory. NR 1.05 NoteNote: The definitions and scientific protocols for their identification are available on the department’s website at http://dnr.wi.gov keyword “NHI” or by contacting the Bureau of Natural Heritage Conservation. NR 1.05(4)(b)(b) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission. NR 1.05(4)(c)(c) Waters in areas identified in a special area management plan, abbreviated SAMP, approved by the U.S. Army Corps of Engineers, or special wetland inventory study, abbreviated SWIS, identified under s. NR 103.04. NR 1.05 NoteNote: Special area management plans exist for the City of Superior, Douglas County and Chiwaukee Prairie, Kenosha County. A Special Wetland Inventory Study exists for the area bordering the bay of Green Bay.
NR 1.05(4)(d)(d) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in Publication # ER-002-00, Data Compilation and Assessment of Coastal Wetlands of Wisconsin’s Great Lakes, March 2000. NR 1.05(5)(5) Areas of special natural resource interest shall be designated by the Natural Resources Board by rule. NR 1.05(5)(a)(a) The Natural Resources Board may designate by rule categories of waters as areas of special natural resource interest. The status of waters added or removed from designated categories by independent listing processes shall be effective at the time that the name or location of the water is made available in the listing on the department’s website as required in sub. (6) and no earlier than the effective date of any rule or required report to the legislature designating a water or portion of a water as an Area of Special Natural Resource Interest. NR 1.05(5)(b)(b) The Natural Resources Board may designate by rule individual waters or portions of waters as areas of special natural resource interest. NR 1.05(6)(6) The department shall maintain on its website and make available at its offices a consolidated list of areas of special natural resource interest along with all other waters designated under ss. NR 1.06 and 1.07 so that a person may readily determine the applicability of all exemptions or permit requirements under ch. 30, Stats. For categories of waters with ongoing independent listing processes, notice of waters or portions of waters added or removed shall be provided at the website as soon as the name or location of the water is made available. Notice shall be maintained for 3 months after the initial listing. NR 1.05 NoteNote: See the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.” NR 1.05(7)(7) The department shall report to the chairs of the standing natural resource committees of the Legislature and to the co-chairs of the joint committee for review of administrative rules in July of each year the aquatic-dependent species of special concern that may be added or removed from the state’s list and those bodies of water that may be impacted by the addition or removal of those species. The department will notify the chairs of the standing natural resource committees of the Legislature and the co-chairs of the joint committee for review of administrative rules in January of those bodies of water that have been added to or removed from the consolidated list of areas of special natural resource interest as required in sub. (6) that result from identification of special concern species. This notification shall be included in an annual report on waterway and wetland permit program performance that is provided to all members of the legislature and the clerk of each county. NR 1.05 HistoryHistory: Emerg. cr. eff. 4-19-04; emerg. r. and recr. eff. 8-24-04; CR 04-066: cr. Register April 2005 No. 592, eff. 5-1-05; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724. NR 1.06NR 1.06 Identification of public rights features. NR 1.06(1)(1) Department to assess waters. To fulfill its affirmative duty to protect public trust waters, the department shall assess the state’s public trust waters to identify locations of public rights features where activities shall require general or individual permit review in lieu of exemptions, or reasonable limitations on location to assure that the public’s rights and interests under the public trust doctrine are protected, under ss. 30.12 (1p) (a) 3. and (2m), 30.123 (6m) and (6s), 30.20 (1k) (a) 2. and (1m), 30.206 (1) (ag), (3) and (3r), Stats. NR 1.06(2)(2) Exemptions not allowed. Due to the potential significant adverse impacts of the activity on public rights features, exemptions listed in ss. 30.12 (1g) (km) and 30.20 (1g) (b) 2., Stats., are not allowed in locations where there are public rights features as described under sub. (5). General or individual permits are required for those activities in locations of public rights features. NR 1.06 NoteNote: Exemptions not allowed in locations of public rights features are: intake or outfall structures other than dry hydrants and dredging without auxiliary power. However, new and existing piers may be exempt in areas with public rights features under s. 30.13, Stats., as set forth in ch. NR 326. NR 1.06(3)(3) Exempt activities. For those activities that are not allowed in locations where there are public rights features as described under sub. (5), a person may undertake an exempt activity after the person has evaluated the site and determined that the activity is not in the location of a public rights features as described under sub. (5). NR 1.06(4)(4) Department determination. For those activities that are not exempt or eligible for general permits in locations where there are public rights features as described in sub. (5), the department will base determinations of whether activities are in locations of public rights features on information as specified in sub. (6). NR 1.06(5)(5) Public rights features identified. Public rights features are: NR 1.06(5)(a)(a) Fish and wildlife habitat, including specific sites necessary for breeding, nesting, nursery and feeding. NR 1.06 NoteNote: Physical features constituting fish and wildlife habitat include stands of aquatic plants; riffles and pools in streams; undercut banks with overhanging vegetation or that are vegetated above; areas of lake or streambed where fish nests are visible; large woody cover.