In this subchapter:
(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. Note: "Area of special natural resource interest" means any of the following:
(a) A state natural area designated or dedicated under ss. 23.27 to 23.29, Stats.(b) A surface water identified as a trout stream by the department under s. NR 1.02(7).(bm) A surface water identified as an outstanding or exceptional resource water under s. 281.15, Stats.(c) An area that possesses significant scientific value, as identified by the department in s. NR 1.05. Information 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".
(2) "Biological shore erosion control structure" means a structure that relies solely on biological materials.(3) "Biological materials" means living or organic materials that are biodegradable such as native grasses, sedges, forbs, shrubs and trees; live stakes and posts; non-treated wood; jute netting; fiber rolls and mats; logs; and branches. Note: Temporary breakwaters, with non-biodegradable elements, are considered a permissible element during the plant establishment phase of a biological erosion control project.
(4) "Commercial marina" has the meaning in ch. NR 326.(5) "Department" means the department of natural resources.(6) "Erosion intensity" or "EI" means the degree of erosion as estimated under s. NR 328.08(2).(7) "Grading" means the physical disturbance of the bank by the addition, removal or redistribution of soil.(8) "Hard armoring" means a shore erosion control structure that relies solely on inert materials, and includes but is not limited to riprap and seawalls.(9) "High energy site" means a site where the storm-wave height calculated under s. NR 328.08(1) is greater than or equal to 2.3 feet, or where the erosion intensity score calculated under s. NR 328.08(2) has a score of greater than 67.(10) "Inert materials" means those materials that slowly degrade, such as chemically treated wood, stone, stainless and galvanized steel, plastics and synthetic polymers.(11) "Integrated toe protection" means a structure combining 2 separate treatments: toe protection at the base of the bank and vegetation establishment on the remaining upper portion of the bank above the ordinary high water mark. Note: The maximum toe protection structure elevation is equal to the ordinary high water mark plus one-half of the storm-wave height.
Note: The toe protection relies on materials such as stone, armor units, fiber rolls or wattles to protect the base of the bank. Above the toe protection, the remainder of the bank is revegetated by installing a shoreland buffer or with brush layering, brush mattresses, fiber rolls, live stakes, vegetated geogrid, rolled erosion control products or wattles. Plant materials may also be incorporated as part of the shore protection design below the ordinary high water mark as well.
(12) "Low energy site" means a site where the storm-wave height calculated under s. NR 328.08(1) is less than 1.0 foot, or where the erosion intensity score calculated under s. NR 328.08(2) has a score of 47 or less.(13) "Municipal marina" has the meaning in ch. NR 326.(14) "Maximum toe elevation" means the elevation of the bank toe mark plus the storm-wave height estimated under s. NR 328.08(1).(15) "Moderate energy site" means a site where the storm-wave height calculated under s. NR 328.08(1) is greater than or equal to 1.0 foot but less than 2.3 feet, or where the erosion intensity score calculated under s. NR 328.08(2) has a score of 48 to 67. Note: Common law doctrine of avulsion secures to waterfront property owners the ability to reclaim land suddenly lost to erosion (AG ex rel Becker v. Bay Boom Wild River and Fur Company, 172 Wis. 363 1920.)
(16) "Offshore" means located a minimum of 10 horizontal feet waterward from the ordinary high water mark.(17) "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.(18) "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. Note: 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).
(19) "Permanent breakwater" means a structure constructed of stone, rock, concrete or other non-degradable materials and located offshore for the purpose of diminishing the force of the waves and protecting the shoreline. Note: These structures can be designed to provide fish and wildlife habitat in addition to erosion control by incorporating vegetation on the breakwater and in the nearshore zone. Examples of permanent breakwaters include stone dikes, barrier islands, stone islands and submerged offshore shoals.
(20) "Replacement" means a degree of structural changes to the shore erosion control structure by which some or all of the structure is being removed and recreated. Note: For seawalls, any replacement of a portion of the seawall down to or at the footing of the structure is considered replacement. For riprap, replacement of filter fabric or replacement of the base substrate is considered replacement.
(21) "Riparian" means an owner of land abutting a navigable waterway.(22) "Riprap" means a layer or layers of rock, including filter material, placed on the bed and bank of a navigable waterway to prevent erosion, scour or sloughing of the existing bank.(23) "Seawall" means an upright structure that is steeper than 1.5 feet vertical to one foot horizontal and that is installed parallel to the shore to prevent the sliding or slumping of the land and to protect the adjacent upland from wave action. Note: Seawalls are commonly constructed of timber, rock (including gabions), concrete, steel or aluminum sheet piling, and may incorporate biological components.
(24) "Shore erosion control structure" means a structure with defined shape, size, form and utility constructed and maintained for the purpose of protecting a shoreline from erosion. Shore erosion control structures include vegetated armoring and hard armoring.(25) "Storm-wave height" means the wave height estimated under s. NR 328.08(1).(26) "Temporary breakwater" means an offshore structure consisting of biological components, such as jute, fiber rolls, willow stakes, branchbox breakwater or a structure consisting of inert components that will be removed after a set period of time. Note: Temporary breakwaters are placed for the purpose of providing an area of quiescent water, when new erosion protection designs and shoreland plant installations are becoming established. Biological temporary breakwater designs degrade naturally and examples include branchbox breakwaters and fiber rolls.
(27) "Toe" means the most waterward edge of a shore erosion control structure.(28) "Vegetated armoring" means a shore erosion control structure that combines biological and inert materials, and includes 3 types: integrated toe protection, vegetated-riprap and vegetated-geogrids.(29) "Wave height" means the vertical distance between the wave crest and wave trough.(30) "Wetland" means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.Wis. Admin. Code Department of Natural Resources NR 328.03
CR 02-099: cr. Register April 2005 No. 592, eff. 5-1-05; CR 09-123: am. (9) and (15) Register July 2010 No. 655, eff. 8-1-10.