NR 341.01NR 341.01 Purpose. The purpose of this chapter is to establish criteria defining those activities needing a grading permit for grading sites as required by s. 30.19 (1g) (c), Stats.; and to specify permit requirements necessary to protect public rights and interest and to protect riparian rights for grading sites regulated under this chapter.

NR 341.02(1)(1) Grading sites. This chapter applies to activities regulated under s. 30.19 (1g) (c), Stats. An application for a grading permit shall be filed with the department pursuant to ch. NR 300 by any person that intends to grade or remove soil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet on the surface of the bank as determined in s. NR 341.035. This includes areas that are part of a larger common plan of development or sale where multiple separate and distinct grading activities may be taking place at different times on different schedules, but under one plan, such that the total area exposed by grading or removal will exceed 10,000 square feet on the bank.

NR 341.02(2)(2) NR 216 construction permits. Sites in compliance with a construction site stormwater discharge permit administered under subch. III of ch. NR 216 and also meeting the conditions of s. NR 341.08 shall be deemed to be in compliance with the provisions of this chapter.

NR 341.02(3)(3) Local administration of NR 216. Sites in compliance with the terms of an authorized local program for the administration of construction site stormwater discharge permits under subch. III of ch. NR 216, and consistent with the conditions of s. NR 341.08 as well as procedural requirements agreed to in writing between the department and the municipality shall be deemed to be in compliance with the provisions of this chapter.

NR 341.02(4)(4) Exemptions. This chapter does not apply to:

NR 341.02(4)(c)(c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

NR 341.02(4)(d)(d) Any activity that affects a portion of Lake Michigan, Lake Superior or a navigable stream that is located within a county having a population of 750,000 or more.

NR 341.02 NoteNote: The landowner of a site exempt under pars. (c) and (d) is still required to submit a notice of intent under subch. III of ch. NR 216 for land disturbing construction activity of one or more acres.

NR 341.03(1)(1) “Agricultural use of land” means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping. This definition does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.

NR 341.03 NoteNote: This definition is equivalent to the definition in s. 30.40 (1), Stats., and differs from the definition in ss. NR 151.002 (2) and 216.42 (2) only in that beekeeping is included and tree nurseries are not included.

NR 341.03(2)(2) “Department” means the department of natural resources.

NR 341.03(3)(3) “Final stabilization” means that all land disturbing construction activities at the grading 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 341.03(4)(4) “Grading” means the physical disturbance of the land surface by the addition, removal or redistribution of soil.

NR 341.03(5)(5) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a change in topography or existing vegetative or non-vegetative soil cover that may result in stormwater runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

NR 341.03(6)(6) “Navigable waterway” means any body of water with a defined bed and bank, which is navigable under the laws of the state. In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.

NR 341.03 NoteNote: This incorporates the definition at s. 30.01 (4m), Stats., and current case law, which requires a watercourse to have a bed and banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff, DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).

NR 341.03(7)(7) “Ordinary high water mark” means the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognizable characteristic.

NR 341.03(8)(8) “Priority navigable waterway” has the meaning in s. 30.19 (1b) (c), Stats., and as identified by the department in s. NR 1.07.

NR 341.03 Note1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15, Stats.