NR 102.03(6s)(6s) “Stratified two-story fishery lake” or “two-story fishery lake” means a lake greater than 5 acres in size that is typically stratified in the summer, with the potential for an oxygenated hypolimnion, that has documentation at any time since 1975 of a population of cold water fish species such as cisco, whitefish, or trout that is sustained through natural reproduction or long-term active stocking with year-to-year survival.

NR 102.03 NoteNote: A list of two-story fishery lakes that contain naturally reproducing lake trout, whitefish, or cisco, or are stocked and managed by the department for brook, brown, rainbow, or lake trout, is available on the department’s designated uses website at https://dnr.wi.gov/topic/SurfaceWater/usedesignations.html.

NR 102.03(7)(7) “Surface waters” means all natural and artificial named and unnamed lakes and all naturally flowing streams within the boundaries of the state, but not including cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters (the term waters as used in this chapter means surface waters).

NR 102.03(8)(8) “Unauthorized concentrations of substances” means pollutants or other chemicals introduced into surface waters without prior permit or knowledge of the department, but not including accidental or unintentional spills.

NR 102.03 HistoryHistory: Cr. Register, September, 1973, No. 213, eff. 10-1-73; r. (1), renum. from NR 102.01, Register, February, 1989, No. 398, eff. 3-1-89; cr. (10), Register, May, 1993, No. 449, eff. 6-1-93; CR 07-111: cr. (intro.) and (1), r. (8) to (10), renum. (1) to (7) to be (2) to (8) Register September 2010 No. 657, eff. 10-1-10; CR 19-014: renum. (6) to NR 210.03 (10m), cr. (9) Register April 2020 No. 772, eff. 5-1-20; CR 21-083: cr. (4e), (4m) Register July 2022 No. 799, eff. 8-1-22; CR 19-094: am. (intro), cr. (1c) to (1m), renum. (1o) from NR 102.06 (2) (a), cr. (1q), (1v), renum. (4s) from NR 102.06 (2) (f), cr. (6), renum. (6e), (6m), (6s), (7m) from NR 102.06 (2) (fm), (g), (i), (j) and am. (6m), (6s) Register September 2022 No. 801, eff. 10-1-22; correction in (1q) made under s. 13.92 (4) (b) 7., Stats., Register September 2022 No. 801.

NR 102.04(1)(1) General. To preserve and enhance the quality of waters, surface water uses and criteria are established to govern water management decisions. Practices attributable to municipal, industrial, commercial, domestic, agricultural, land development or other activities shall be controlled so that all surface waters including the mixing zone meet the following conditions at all times and under all flow and water level conditions:

NR 102.04(1)(a)(a) Substances that will cause objectionable deposits on the shore or in the bed of a body of water, shall not be present in such amounts as to interfere with public rights in waters of the state.

NR 102.04(1)(d)(d) Substances in concentrations or combinations which are toxic or harmful to humans shall not be present in amounts found to be of public health significance, nor shall substances be present in amounts which are acutely harmful to animal, plant or aquatic life.

NR 102.04(2)(2) Revised uses and criteria. The following uses and criteria may be revised as new information or advancing technology indicate that revisions are in the public interest. Water used for hydropower and commercial shipping depends mainly on quantity, depth and elevation; consequently, no specific quality criteria for these uses have been prepared.

NR 102.04(3)(3) Fish and other aquatic life uses. All surface waters shall belong in one of the fish and other aquatic life subcategories described in this subsection. Only those use subcategories identified in pars. (a) to (c) shall be considered suitable for the protection and propagation of a balanced fish and other aquatic life community as provided in the federal water pollution control act amendments of 1972, P.L. 92-500; 33 USC 1251 et seq.

NR 102.04(3)(a)(a) Cold water communities. This subcategory includes surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for cold water fish species. This subcategory includes, but is not restricted to, surface waters identified as trout water by the department of natural resources (Wisconsin Trout Streams, publication 6-3600 (80)).

NR 102.04(3)(b)(b) Warm water sport fish communities. This subcategory includes surface waters capable of supporting a community of warm water sport fish or serving as a spawning area for warm water sport fish.

NR 102.04(3)(c)(c) Warm water forage fish communities. This subcategory includes surface waters capable of supporting an abundant diverse community of forage fish and other aquatic life.

NR 102.04(3)(d)(d) Limited forage fish communities. (Intermediate surface waters). This subcategory includes surface waters of limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of forage fish and other aquatic life.

NR 102.04(3)(e)(e) Limited aquatic life. (Marginal surface waters). This subcategory includes surface waters of severely limited capacity and naturally poor water quality or habitat. These surface waters are capable of supporting only a limited community of aquatic life.

NR 102.04(4)(a)1.1. For streams, rivers, and impounded flowing waters, dissolved oxygen criteria apply to samples taken from the main channel near the area with greatest flow. For lakes or reservoirs, the dissolved oxygen criteria in this paragraph apply to the epilimnion of stratified lakes and to all but the deepest one meter of the water column of unstratified lakes.

NR 102.04(4)(a)3.3. A waterbody classified by the department as a trout class I or II water under s. NR 1.02 (7), a cold water community that is not a two-story fishery lake covered under par. (am), or a great lakes tributary used by salmonids for spawning during the period of habitation, shall attain all of the following: