Section NR 328.32 - Applicability(1) Except as provided in s. 30.2023, Stats., this subchapter applies to construction, placement and maintenance of bank erosion control structures regulated under s. 30.12(1), (1g) (a), and (k), (2m), (3) (a) 3r and 13. and (3m), Stats. Any person that intends to construct, place or maintain a bank erosion control structure in any river or stream shall comply with all applicable provisions of this chapter and any permit issued under this chapter.(2) Erosion control measures such as grading to establish a stable slope, revegetation or other bioengineering methods that do not involve the placement of structures below the ordinary high water mark of a waterway or disturbance of more than 10,000 square feet on the bank are not regulated under s. 30.12 or 30.19, Stats., or this subchapter.(3) Bank erosion control structures solely located above the ordinary high water mark are likely to migrate below the OHWM as the energy of water current is dissipated against the toe of the stream bank. When this migration occurs, the bank erosion control structure is considered subject to the provisions of this chapter.Wis. Admin. Code Department of Natural Resources NR 328.32
CR 06-126: cr. Register July 2007 No. 619, eff. 8-1-07. A permit is required if land disturbance or excavation exceeds 10,000 square feet on the bank of the navigable waterway (s. 30.19, Stats., and ch. NR 341) or if the activity is conducted in a wetland (ss. 281.17 and 281.36, Stats.).
Erosion control activities may be subject to county, city or village ordinances. Local zoning ordinances place restrictions on grading, buffers, and the cutting of vegetation in the shoreland zone. The riparian is required to comply with, and obtain all necessary permits under, local shoreland ordinances.