NR 333.07 Hydraulic design and safety requirements. NR 333.09 Financial assurance. Ch. NR 333 NoteNote: Chapter NR 333 as it existed on May 31, 1985 was repealed and a new chapter NR 333 was created effective June 1, 1985.
NR 333.01NR 333.01 Purpose. The purpose of this chapter is to ensure that dams are designed, constructed and reconstructed so as to minimize the danger to life, health and property. This chapter is adopted pursuant to ss. 31.02 (2), 31.19 and 31.33, Stats. NR 333.01 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85. NR 333.02(1)(1) The provisions of this chapter are applicable to dams not owned by the United States government that: NR 333.02(1)(a)(a) Have a structural height of more than 6 feet and a maximum storage capacity of 50 acre-feet or more of water. NR 333.02(1)(b)(b) Have a structural height of 25 feet or more and a maximum storage capacity of more than 15 acre-feet of water. NR 333.02(1)(c)(c) Have a structural height of 6 feet or less or a maximum storage capacity of less than 50 acre-feet of water if the department determines that the dam is likely to endanger life, health or property if it is not designed, constructed or reconstructed in accordance with this chapter. NR 333.02(2)(2) All new and existing dams inspected, approved and licensed by a federal agency under 18 CFR Part 12, are exempt from the provisions of this chapter provided that the dam meets requirements which are at least as restrictive as the requirements of this chapter. NR 333.02 NoteNote: Dams exempted from this chapter are still subject to the requirements of ch. 31, Stats., including, but not limited to, the requirements for permits and plan approvals. NR 333.02 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. Register July 2001, No. 547 eff. 8-1-01. NR 333.03(1)(1) “Auxiliary spillway” means a secondary spillway designed to pass water only during flows exceeding the capacity of the principal spillway. NR 333.03(2)(2) “Base flow” means that part of the stream flow that is derived from groundwater and calculated as the 7-day low flow that occurs on an average of once in 2 years or has a 50% chance of occurring in any given year. The notation is Q7,2. NR 333.03(3)(3) “Dam” means any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse. NR 333.03(4)(4) “Department” means the department of natural resources. NR 333.03(5)(5) “Development” means any artificial change to improved or unimproved real estate not related to allowable open space use including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; and campgrounds. NR 333.03(6)(6) “Floodplain with the dam nonexistent” means that area of land downstream from a dam that would be inundated by water during the regional flood if the dam did not exist. NR 333.03(7)(7) “Floodway” means the channel of a river or stream and those portions of the floodplain adjoining the channel which are required to carry the regional flood discharge. NR 333.03(8)(8) “Hydraulic shadow” means that area of land downstream from a dam that would be inundated by water upon failure of the dam during the regional flood. NR 333.03(9)(9) “Land use controls in place” means future development within the hydraulic shadow is required to conform to the criteria specified in a zoning ordinance adopted and approved pursuant to s. 87.30, Stats., and also consistent with land use plans developed under s. 66.1001, Stats., or through restrictive covenants, easements, or other appropriate legal arrangements between the owner of the dam and the owners of all property within the hydraulic shadow. NR 333.03(10)(10) “Maximum headwater” means the maximum water surface elevation before overtopping would occur. NR 333.03(11)(11) “Maximum storage capacity” means the volume of water in acre-feet capable of being stored behind a dam at the maximum water surface elevation before overtopping would occur. NR 333.03(12)(12) “Minimum tailwater” means the water level downstream from a dam at base flow. NR 333.03(13)(13) “Open space use” means a use which has a relatively low flood damage potential, such as uses associated with agriculture, recreation, parking, storage yards, or certain sand and gravel operations.