Chapter NR 329
MISCELLANEOUS STRUCTURES IN NAVIGABLE WATERWAYS
NR 329.04 Miscellaneous structures. Ch. NR 329 NoteNote: Chapter NR 329 was created as an emergency rule effective April 19, 2004; emergency repeal and recreate ch. NR 329, effective August 24, 2004. NR 329.01NR 329.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for structures placed in navigable waterways as regulated under s. 30.12 (1g), (1p), (3) (a), (d), and (3m), Stats., in order to protect the public rights and interest in the navigable, public waters of the state as defined in s. 30.10, Stats. NR 329.02NR 329.02 Applicability. This chapter applies to construction, placement and maintenance of boat landings, dry fire hydrants, fords, intake and outfall structures, pilings, pea gravel blankets and weed rakes regulated under ss. 30.12 (1g) (a), (g), (h) and (km), (3) (a) 1., 4., 5., (d), and (3m), and 30.20 (1g) (b) 2., Stats., and to all other structures constructed, placed or maintained in navigable waterways unless regulated under another chapter. Any person who intends to construct, place or maintain a structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. NR 329.02 NoteNote: Currently, culverts and bridges are regulated under ch. NR 320; habitat structures are regulated under ch. NR 323; boathouses and fixed houseboats are regulated under ch. NR 325; piers, wharves, boat shelters, boat lifts, boat hoists and swimming rafts are regulated under ch. NR 326; shore erosion control structures are regulated under ch. NR 328. NR 329.03NR 329.03 Definitions. In this chapter: NR 329.03(1)(1) “Area of special natural resource interest” has the meaning in s. 30.01 (1am), Stats., and as identified by the department in s. NR 1.05. NR 329.03 NoteNote: “Area of special natural resource interest” means any of the following:
NR 329.03 Note(a) A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats. NR 329.03 Note(b) A surface water identified as a trout stream by the department under s. NR 1.02(7). NR 329.03 Note(c) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats. NR 329.03 Note(d) An area that possesses significant scientific value, as identified by the department in s. NR 1.05. NR 329.03 NoteInformation and lists can be obtained by contacting the department, or found on the department’s website at http://dnr.wi.gov, under the topic “Waterway and Wetland Permits”. NR 329.03(2)(2) “Boat landing” means a structure installed on the bed and bank of a navigable waterway for the purpose of launching and landing watercraft. NR 329.03(3)(3) “Department” means the department of natural resources. NR 329.03(4)(4) “Dry fire hydrant” means a structure or device to which a fire hose can be connected, which is constructed in and adjacent to a navigable waterway for the purpose of providing water for fighting fires. NR 329.03(5)(5) “Ford” means a structure consisting of rock or gravel, placed on the bed of a navigable waterway to facilitate crossing the waterway. NR 329.03(6)(6) “Intake or outfall structure” means a structure located on the bank or bed of a navigable waterway below the horizontal plane of the ordinary high water mark that is used to divert water from the waterway for purposes other than irrigation or to discharge water to the waterway. An intake or outfall structure shall include rock riprap toe protection not to exceed 2 cubic yards. NR 329.03(7)(7) “Open to the general public” means available to any person conditioned only upon the payment of a reasonable fee. “Open to the general public” does not include conditions that require purchase of a boat, boat slip, parcel of property, condominium unit or membership in a club or organization.