NR 323.03(14) (14) “Tree drop” means a man-made structure created by a tree placed into the water for the purpose of providing habitat for fish.

NR 323.03(15) (15) “Wing deflector” means a man-made structure composed of biological or inert materials placed in streams to deflect stream flow and modify stream channels for the purpose of providing habitat for fish.

NR 323.03 History History: CR 04-064: cr. Register April 2005 No. 592, eff. 5-1-05.

NR 323.04 NR 323.04 Fish habitat structures.

NR 323.04(1) (1) Exemptions.

NR 323.04(1)(a) (a) Procedures. Exemptions shall be processed according to the procedures in ch. NR 300.

NR 323.04(1)(b) (b) Applicable activities. A fish habitat structure that meets the standards in par. (c) and one of pars. (d) to (h) shall be exempt under s. 30.12 (1g) (c), Stats.

NR 323.04 Note Note: Eligibility for an exemption or general permit does not automatically result in a federal permit or state water quality certification for fill in wetlands. Some projects involving minimal wetland fill may be eligible for authorization under a U.S. Army Corps of Engineers general permit which has already been granted state water quality certification or a general permit under s. 281.36 (3g) (b), Stats. (under development) All other projects affecting wetlands will require individual water quality certification including public notice as required by s. 401, Federal Clean Water Act, and s. 281.36 (3b) (b), Stats., and carried out under chs. NR 103 and 299. For further instructions, see the department’s website at http://dnr.wi.gov under the topic “Waterway and Wetland Permits.”

NR 323.04(1)(c) (c) General standards.

NR 323.04(1)(c)1. 1. The fish habitat structure may not be located in an area of special natural resource interest, or within a public rights feature as described in s. NR 1.06.

NR 323.04(1)(c)2. 2. The fish habitat structure may be placed and maintained only by a riparian.

NR 323.04(1)(c)3. 3. The fish habitat structure shall be placed entirely within the riparian’s zone of interest, as determined by one of the methods outlined in ch. NR 326. Certain habitat structures may be placed beyond the line of navigation where allowed by rule.

NR 323.04(1)(c)4. 4. The fish habitat structure shall be placed solely for the purpose of improving fish habitat.

NR 323.04(1)(c)5. 5. The riparian shall report the placement of the structure to the local department fisheries biologist within 30 days after placement. The report shall contain a description of the project and its purpose, the name of the waterway and a map showing where the structure was placed.

NR 323.04 Note Note: A list of the local department fisheries biologists is available at department service centers and on the department’s website at http://dnr.wi.gov under the program “Fisheries Management and Habitat Protection.”

NR 323.04(1)(c)6. 6. A deposit of sand, gravel or stone under s. 30.12 (1g) (a), Stats., may be associated with the placement of a fish habitat structure provided the deposit is limited to the area immediately underneath or within one foot of the structure and is less than 2 cubic yards.

NR 323.04(1)(c)7. 7. Dredging under s. 30.20 (1g) (b) 1., Stats., is not allowed for the placement of a fish habitat structure.

NR 323.04(1)(c)8. 8. Erosion control measures shall meet or exceed the technical standards for erosion control approved by the department under subch. V of ch. NR 151. Any area where topsoil is exposed during construction shall be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway.

NR 323.04 Note Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

NR 323.04(1)(c)9. 9. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices shall be removed upon final site stabilization. Areas disturbed during construction or installation shall be restored.

NR 323.04(1)(c)10. 10. To protect fish habitat during spawning seasons, no exempt activity may take place during the following time periods:

NR 323.04(1)(c)10.a. a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through May 15.

NR 323.04(1)(c)10.b. b. For all waters not identified under subd. 10. a. and located south of state highway 29, March 15 through May 15.

NR 323.04(1)(c)10.c. c. For all waters not identified under subd. 10. a. and located north of state highway 29, April 1 through June 1.

NR 323.04(1)(c)11. 11. To stop the spread of invasive species and viruses from one navigable waterway to another navigable waterway, all equipment or portions of equipment used for constructing, operating, or maintaining the project, including tracked vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and pumps, shall be decontaminated for invasive species and viruses before and after use or prior to use within another navigable waterway. Decontamination activities shall be performed by taking actions specified in subd. 11. a. to c. or h. Decontamination shall include either subd. 11. d., e., f., g., or h. for any equipment, or portions of equipment, that is used in non-frozen navigable waters when the air temperature is above 19 degrees Fahrenheit at the time the decontamination procedures take place.

NR 323.04(1)(c)11.a. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.

NR 323.04(1)(c)11.b. b. Drain all water from equipment used in navigable waters.

NR 323.04 Note Note: This does not apply to water in closed engine cooling systems or water tanks, or containers of potable drinking water or other beverages meant for human consumption. If a tanker truck discharges water collected from navigable waters in upland areas, the tank does not require disinfection.

NR 323.04(1)(c)11.c. c. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another.