Ch. NR 345 NoteNote: Chapter NR 345 was created as an emergency rule effective April 19, 2004; chapter NR 345 was repealed and recreated by emergency rule effective August 24, 2004.

NR 345.01NR 345.01 Purpose. The purpose of this chapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for removal of material from the beds of navigable waterways as regulated under s. 30.20, 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 345.02NR 345.02 Applicability. This chapter applies to removal of material from the bed of navigable waterways under s. 30.20 (1), (1g) (b), (1m), (1t) and (2), Stats. Any person that intends to remove material from the bed of a navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter.

NR 345.02 NoteNote: For most dredging projects, the discharge of carriage return water is regulated by ch. 283, Stats., and requires a Wisconsin pollutant discharge elimination system (WPDES) permit. Similarly, for most dredging projects, the disposal of dredged material is regulated by ch. 289, Stats., and requires authorization under ch. NR 500. In accordance with 2003 Wisconsin Act 118, removal of material from non-navigable waterways is no longer regulated under s. 30.20, Stats.

NR 345.03(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 345.03 NoteNote: “Area of special natural resource interest” means any of the following:

NR 345.03 Note(b) A surface water identified as a trout stream by the department under s. NR 1.02(7).

NR 345.03 Note(bm) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats.

NR 345.03 Note(c) An area that possesses significant scientific value, as identified by the department in s. NR 1.05.

NR 345.03 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 345.03(2)(2) “De minimus” activity means the dredging of less than 2 cubic yards in a calendar year from a specific waterbody or disturbance of bottom material during the manual removal of aquatic plants that meet the requirements of s. NR 109.06 (2).

NR 345.03 NoteNote: Where the bed material is privately owned, the permission of the property owner is required.

NR 345.03(4)(4) “Dredged material” means any material removed from the bed of a navigable waterway by dredging.

NR 345.03(5)(5) “Dredging” means any part of the process of the removal or disturbance of material from the bed of a navigable waterways, transport of the material to a disposal, rehandling or treatment facility; treatment of the material; discharge of carriage or interstitial water; and disposal of the material. For the purpose of ch. 30, Stats., dredging does not include “de minimus” activities as defined in sub. (2).

NR 345.03(6)(6) “Final stabilization” means that all land disturbing construction activities at the site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

NR 345.03 NoteNote: Notwithstanding substances that meet the definition of hazardous substances in s. 289.01 (11), Stats., for the purpose of removing material from the bed of navigable streams and lakes, “hazardous substances” include all chemicals present at concentrations at, or greater than the threshold effect concentration as published in Consensus Based Contaminated Sediment Evaluation (DNR 2001).