NR 346.01NR 346.01 Purpose. These rules are promulgated pursuant to ss. 30.20 (2) (a) and 227.11 (2) (a) and (b), Stats., to establish a commercial and noncommercial class of dredging projects, to provide for bonding and to establish procedures applicable to the removal of material from the beds of natural lakes and outlying waters for which a contract is required between the state of Wisconsin and the person desiring to remove bed material. Implementation of these rules will also provide for protection of the public interest in the natural lakes in Wisconsin during the execution of dredging contracts.

NR 346.01 HistoryHistory: Cr. Register, September, 1980, No. 297, eff. 10-1-80; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478.

NR 346.02NR 346.02 Applicability. All removal of bed material from the beds of natural lakes and the natural bed portions of raised lakes regulated by s. 30.20 (2) (a), Stats., must involve a contract between the person removing the material and the state of Wisconsin. The contract is required because the beds of natural lakes are owned by the people of the state of Wisconsin. The department of natural resources administers the trust interest in the beds of natural lakes on behalf of Wisconsin citizens. Definitions and procedures set forth in this rule will identify the contract consideration required for the sale of different types of bed material.

NR 346.03NR 346.03 Definitions.

NR 346.03(1)(1) “Application fee” means a fee required by s. 30.28, Stats., consisting of a basic $10 fee plus a supplemental fee ranging from $5 to $65 in proportion to the project cost.

NR 346.03(2)(2) “Bed material” means all earth, muck, sands and gravels, clays, marl, stones and boulders lying below the ordinary highwater mark of natural lakes.

NR 346.03(3)(3) “Bonds” means surety or performance bonds guaranteeing performance of a contract or obligation. The amount of the bond is related to the restoration cost required to eliminate dangerous conditions or adverse environmental conditions caused by the improper removal of bed material from the bed of a natural lake.

NR 346.03(4)(4) “Commercial removal fee” means a fee related to the commercial value of natural lake bed material proposed for use in a commercial venture equal to the royalty paid to owners of similar upland commercially valuable materials.