Section NR 328.04 - Exemptions(1) PROCEDURES. Exemptions shall be processed according to the procedures in ch. NR 300.(2) APPLICABLE ACTIVITIES. A biological shore erosion control structure that meets all the standards in subs. (3) and (4) shall be exempt under s. 30.12(1g) (k), Stats. Riprap repair that meets all the standards in subs. (3) and (5) shall be exempt under s. 30.12(1g) (j), Stats. Riprap replacement that meets all the standards in subs. (3) and (6) shall be exempt under s. 30.12(1g) (i), Stats. 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."
(3) GENERAL STANDARDS. (a) The structure may not be located in an area of special natural resource interest.(b) The structure may be placed and maintained only by a riparian.(c) The project will not result in removal of greater than 20% of the aerial coverage of natural bank vegetation, emergent vegetation or floating vegetation, not including the area covered by the footprint of the riprap, or any access corridors necessary for the placement of the riprap.(d) Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the construction and may not exceed 10,000 square feet.(e) 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. Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.
(f) 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.(g) All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.(h) No waterward extension of the property is permitted other than what is reasonably necessary to conduct the project and protect the existing bank. No soil or similar fill material may be placed in a wetland or below the ordinary high water mark of any navigable waterway.(i) Dredging under s. 30.20(1g) (b) 1, Stats., is not allowed for the placement or maintenance of any shore erosion control structure under this section.(j) 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. 1. to 3. or 8. Decontamination shall include either subd. 4., 5., 6., 7., or 8. 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. 1. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.2. Drain all water from equipment used in navigable waters. 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.
3. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another.4. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).5. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.6. Allow equipment to dry thoroughly for not less than 5 days. Note: Additional drying techniques including drying through natural or mechanical means or changes in drying duration may be submitted to the department for review and approval.
7. Disinfect equipment with 200 parts per million (0.5 ounces per gallon) chlorine for not less than 10 minute contact time. Every effort should be made to keep the disinfection solution and rinse water out of surface waters. Note: Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite).
8. Follow the most recent department approved disinfection protocols or department approved best management practices for infested waters. The department shall maintain on its website and make available at its offices a list of the most recent disinfection protocols or department approved best management practices for invasive species and viruses. Note: See the department's website at http://dnr.wi.gov under the topic "Waterway and Wetlands". Recommendations for additional disinfection or decontamination protocols or department approved best management practices may be submitted to the department for review and approval to be added to this list.
(4) BIOLOGICAL SHORE EROSION CONTROL. Biological shore erosion control structures, including but not limited to native vegetation, fiber rolls, fiber mats, live stakes, brush mattresses, branchbox breakwaters, temporary breakwaters, may be placed subject to the requirements and limitations of sub. (3) and this subsection: (a) Any wave breaks or wave barriers shall be completely removed within 2 years of the installation date. If wave barriers are used, they shall be located within the 3-foot water depth contour or less, marked with reflectors, and may not create an obstruction to navigation.(b) Willow wattles, willow posts, brush mattresses, brush layering, fiber roll breakwaters, plant carpets, root wads, and other natural materials shall be installed by hand.(c) Vegetation shall be plant species which are native to the area of Wisconsin where the project is located. Vegetative treatments shall be installed according to Natural Resources Conservation Service Conservation Practice Standard Code 580 (Streambank and Shoreline Protection) or the Natural Resources Conservation Service Engineering Field Handbook (chapter 16).(d) Fiber rolls shall be secured using can and duckbill anchors or hardwood stakes. Spacing between the duckbill anchors shall be 6 feet or less. Spacing between the hardwood stakes shall be 4 feet or less.(e) A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may not be associated with the biological erosion control structure.(5) RIPRAP REPAIR. Existing riprap may be repaired subject to the requirements and limitations of sub. (3) and this subsection: (a) Riprap repair may not exceed 300 linear feet of shoreline located on an inland lake or flowage.(b) Riprap repair may only involve placement of additional rock or redistribution of existing rock within the footprint of the existing riprap.(c) Addition of rock may only occur no more than once every 5 years.(d) A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., other than the riprap itself, may be not associated with the riprap repair.(e) Except as provided in pars. (a), (b), (c) and (d), the riprap repair shall meet the conditions of the original permit.(f) Where riprap was not previously permitted, the riprap repair shall meet the following conditions in addition to the requirements of pars. (a) to (d): 1. Repair shall be outside of sensitive areas identified in ch. NR 107.2. Repair shall be located along moderate or high energy shorelines, based on the calculation of storm wave height calculated in s. NR 328.08 (1).3. Riprap may not be placed at an elevation higher than the ordinary high water mark plus the storm-wave height as calculated in s. NR 328.08. For waters subject to subch. II, riprap may not be placed at an elevation higher than the ordinary high water mark plus 1.5 times the storm-wave height calculated in s. NR 328.08. Note: The listed waters in subch. II are typified by following conditions - impounded; 2500 acres and larger; extensive water level fluctuation; high shoreline recession rates; historic loss of shoreline vegetation.
4. The toe of the riprap may not extend more than 6 feet waterward of the ordinary high water mark.5. Riprap shall be clean fieldstone or quarry stone 6 to 24 inches in diameter.(6) RIPRAP REPLACEMENT. Replacement of existing riprap is subject to the requirements and limitations of sub. (3) and this subsection: (a) Riprap replacement may not exceed 100 linear feet of shoreline located on an inland lake or flowage.(b) Riprap replacement may occur no more than once every 5 years.(c) A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may be associated with the riprap replacement provided the deposit is limited to the area immediately underneath the riprap and is less than 2 cubic yards, not including the riprap itself or clean washed gravel provided under par. (e) 7.(d) Except as provided in pars. (a), (b) and (c), the riprap replacement shall meet the conditions of the original permit.(e) Where the riprap was not previously permitted, the riprap replacement shall meet the following conditions in addition to the requirements of pars. (a) to (c): 1. Replacement shall be outside of sensitive areas identified in ch. NR 107.2. Replacement shall be located along moderate or high energy shorelines, based on the calculation of storm wave height calculated in s. NR 328.08 (1).3. Riprap may not be placed at an elevation higher than the ordinary high water mark plus the storm-wave height as calculated in s. NR 328.08 (1). For waters subject to subch. II, riprap may not be placed at an elevation higher than the ordinary high water mark plus 1.5 times the storm-wave height calculated in s. NR 328.08. Note: The listed waters in subch. II are typified by following conditions - impounded; 2500 acres and larger; extensive water level fluctuation; high shoreline recession rates; historic loss of shoreline vegetation.
4. The toe of the riprap may not extend more than 6 feet waterward of the ordinary high water mark.5. Riprap shall be clean fieldstone or quarry stone 6 to 24 inches in diameter.6. The final riprap slope may not exceed (be steeper than) 2 feet horizontal to one foot vertical.7. Filter cloth or clean-washed gravel shall be used as a filter layer under the riprap to extend the life of the structure, improve effectiveness and prevent soil erosion behind the riprap.8. Riprap or other vegetated armoring along moderate energy sites shall be re-vegetated above the ordinary high water mark by using native plantings which may include native non-woody plants, native shrub plantings, native live stakes or native jointed plantings.9. The applicant can document, using historical information and photos, the previous placement of riprap.10. The applicant can demonstrate that the replacement structure is within the footprint of the previous structure.(7) PERMIT REQUIRED. (a) Activities which do not meet the standards in sub. (3) and either sub. (4), (5) or (6) or are determined ineligible for an exemption by the department shall require a general permit or individual permit.(b) The department has the authority under s. 30.12(1m), Stats., to require a permit in lieu of exemption.Wis. Admin. Code Department of Natural Resources NR 328.04
CR 02-099: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-094: cr. (3) (j) Register November 2008 No. 635, eff. 12-1-08.Amended by, CR 02-099: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-094: cr. (3) (j) Register November 2008 No. 635, eff. 12-1-08; CR 22-013: am. (1) Register June 2023 No. 810, eff. 7/1/2023