Section NR 329.04 - Miscellaneous structures(1) EXEMPTIONS. (a)Procedures. Exemptions shall be processed according to the procedures in ch. NR 300.(b)Applicable activities. A dry fire hydrant that meets the standards in pars. (c) and (d) shall be exempt under s. 30.12(1g) (g), Stats. An intake or outfall structure that meets the standards in pars. (c) and (e) shall be exempt under s. 30.12(1g) (km), Stats. A piling that meets the standards in pars. (c) and (f) shall be exempt under s. 30.12(1g) (h), 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."
(c)General standards. 1. Exempt activities under this section may not be located in an area of special natural resource interest or within a public rights feature as described in s. NR 1.06.2. 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/.
3. 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.4. To protect fish habitat during spawning seasons, no exempt activity may take place during the following time periods: a. For perennial tributaries to trout streams identified under s. NR 1.02 (7), September 15 through May 15.b. For all waters not identified under subd. 4. a. and located south of state highway 29, March 15 through May 15.c. For all waters not identified under subd. 4. a. and located north of state highway 29, April 1 through June 1.5. 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. 5. a. to c. or h. Decontamination shall include either subd. 5. 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. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.b. 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.
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.d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.f. 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.
g. 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).
h. 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.
(d)Dry fire hydrant standards. 1. A dry fire hydrant may be placed and maintained only by a riparian, or by a municipality with the permission of the riparian.2. A dry fire hydrant shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.3. A dry fire hydrant may not be placed in a wetland or in a manner that adversely impedes surface or subsurface flow into or out of any wetland.4. A dry fire hydrant shall have a perforated inlet screen with cap on the inlet end.5. A dry fire hydrant shall be installed with the riser landward of the ordinary high water mark except where installed on a bridge or culvert.6. A dry fire hydrant located in a lake, pond or flowage shall be installed so that the inlet pipe is at least 3 feet below the surface water level during normal low water level conditions. A dry fire hydrant in rivers and streams shall be installed so that the inlet pipe is at least one foot below the surface water level during normal low water flow conditions.7. A dry fire hydrant may not result in the permanent or temporary deposition of fill in any floodway or wetland. Note: Installation of a dry fire hydrant does not authorize the placement of any fill material to access the hydrant.
8. A dry fire hydrant may not result in the waterward extension of the upland.9. 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.10. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.11. A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may be associated with the placement of a dry fire hydrant provided the deposit is limited to the area underneath the structure and is less than 2 cubic yards.12. Dredging under s. 30.20(1g) (b)1, Stats., may be associated with the placement of a dry fire hydrant provided the dredging does not exceed 2 cubic yards.(e)Intake or outfall structure standards.1. An intake or outfall structure may be placed and maintained only by a riparian, or by a municipality with the permission of the riparian.2. An intake or outfall structure shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.3. An intake or outfall structure, including any wingwalls and rock riprap, shall be less than 6 feet from the water side of the ordinary high water mark and less than 25% of the width of the channel in which it is placed.4. An intake or outfall structure may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland.5. An intake or outfall structure may not result in the permanent or temporary deposition of fill in any floodway or wetland.6. An intake or outfall structure may not result in the waterward extension of the upland.7. 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.8. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.9. A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may be associated with the placement of an intake or outfall structure provided the deposit is limited to the area underneath or within 4 feet of the structure and is less than 2 cubic yards.10. Dredging under s. 30.20(1g) (b)1, Stats., may be associated with the placement of an intake or outfall structure provided the dredging does not exceed 2 cubic yards.11. Outfall structures may not exceed 24 inches in diameter, and in streams, may not result in a discharge of more than 50% of the stream's base flow (80% exceedence flow) at any given time.12. Intake structures may not exceed 12 inches in diameter and the invert of the culvert shall be located above the public rights stage elevation as determined by the department under s. 31.02, Stats.(f)Piling standards.1. A piling may be placed and maintained only by a riparian.2. A piling shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.3. A piling may not be placed in a manner that adversely impedes surface or subsurface flow into or out of any wetland.4. A piling may not result in the permanent or temporary deposition of fill in any floodway or wetland.5. A piling shall be placed only for the purposes of deflecting ice to protecting an existing or proposed structure, or providing a pivot point for turning watercraft. Note: A piling as described in this rule may not be used for the purpose of constructing, repairing or maintaining a retaining wall, seawall or similar structure, or for any purpose other than described above.
6. A piling may not be placed or used for mooring a water craft, except in Lake Michigan, Lake Superior or on the Mississippi River.7. A piling may consist of a group of not more than 5 individual piles placed adjacent to each other and firmly bound together.8. 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.9. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.10. A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may be associated with the placement of piling provided the deposit is limited to the area underneath the piling and is less than 2 cubic yards.11. Dredging under s. 30.20(1g) (b)1, Stats., may be associated with the placement of piling provided the dredging does not exceed 2 cubic yards.12. Pilings shall have a minimum side setback of 10 feet from the riparian zone.(g)Permit required. 1. Activities which do not meet the standards in par. (c) and either par. (d), (e) or (f) or are otherwise determined ineligible for an exemption by the department under s. 30.12(2m), Stats., shall require a general permit or individual permit.2. The department has the authority under s. 30.12(1m), Stats., to require a permit in lieu of exemption.(2) GENERAL PERMITS. (a)Procedures. 1. General permits shall be processed according to the procedures in ch. NR 300.2. If the department determines that a proposal submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604, Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate one of the following:a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.b. The project has received an incidental take authorization under s. 29.604, Stats.3. If the applicant modifies the project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department can consider the application complete or issue a general permit.(b)Applicable activities. A ford that meets the standards in pars. (c) and (d) shall be eligible for a general permit under ss. 30.12(3) (a) 4 and 30.206, Stats. A boat landing that meets the standards in pars. (c) and (e) shall be eligible for a general permit under ss. 30.12(3) (a) 5 and 30.206, Stats. A pea gravel blanket that meets the standards in pars. (c) and (j) shall be eligible for a general permit under ss. 30.12(3) (a) 1 and 30.206, Stats. A structure that meets the standards in pars. (c) and either (f), (g), (h), (i) or (j) shall be eligible for a general permit under ss. 30.12(3) (d) and 30.206, 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."
(c)General standards. 1. 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/.
2. 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.3. To protect fish habitat during spawning seasons, no general permit activity shall take place during the time period specified: a. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through May 15.b. For all waters not identified under subd. 3. a. and located south of state highway 29, March 15 through May 15.c. For all waters not identified under subd. 3. a. and located north of state highway 29, April 1 through June 1.d. The applicant may request that the requirements in subd. 3. a., b. or c. be waived by the department on a case-by-case basis, by submitting a written statement signed by the local department fisheries biologist, documenting consultation about the proposed project, and that the local department fisheries biologist has determined that the requirements of this paragraph are not necessary to protect fish spawning for the proposed project.4. 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. 4. a. to c. or h. Decontamination shall include either subd. 4. 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. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.b. 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.
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.d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.f. 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.
g. 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).
h. 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.
(d)Ford standards. 1. A ford may not be located in an area of special natural resource interest except for fords constructed for an agricultural use as defined in s. 30.40(1), Stats. However, no ford may be placed within a public rights feature as described in s. NR 1.06.2. A ford may be placed and maintained only by a riparian.3. A ford shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.4. A ford shall be designed and constructed to prevent structural failure and shall be maintained in good condition at all times.5. A ford shall only be located in a stream.6. A ford shall only be constructed where the stream width is less than 100 feet, the normal stream depth is less than 2 feet, and where the streambed does not contain more than 6 inches of soft sediment.7. A ford shall consist of a 6- to 24-inch thick layer of 2- to 4-inch diameter rock or pre-cast reinforced concrete planks over a base of crushed rock with a total thickness not exceeding 24 inches.8. A ford shall be no more than 16 feet wide in a direction parallel to the flow of the stream.9. A ford shall have its top surface at the same level as the natural streambed immediately upstream and downstream from the ford. The placement of the ford may not result in the creation of an impoundment or dam upstream or a waterfall or riffle area downstream.10. The approach road to the ford may not have bank slopes steeper than 5-foot horizontal to one-foot vertical (5H:1V) toward the stream, or side slopes exceeding 2-foot horizontal to one-foot vertical (2H:1V).11. The approach road to the ford may not be constructed in or across a wetland.12. The approach road to the ford may not be raised above the elevation of the surrounding natural ground elevation.13. 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.14. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.15. Material excavated from the streambed or banks may not be placed in any surface water body or wetland and may not be placed in a floodway.16. Construction of the ford may not occur during periods of high stream flow or high water conditions where the flow is not confined to the immediate stream channel.(e)Public boat landing standards. 1. A boat landing shall be open to the general public.2. A boat landing may not be located in an area of special natural resource interest, except for boat landings constructed and maintained by a local, state or federal agency. However, no boat landing may be placed within a public rights feature as described in s. NR 1.06.3. A boat landing may be placed and maintained only by a riparian.4. A boat landing shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.5. A boat landing shall be designed and constructed to prevent structural failure caused by wave, wind or ice action and shall be maintained in good condition at all times.6. Material removed or excavated to construct the boat landing may not be placed in a wetland, floodway or below the ordinary high water mark of any navigable waterway.7. A boat landing shall consist of a 6- to 24-inch layer of crushed rock, a 6- to 18-inch layer of crushed rock capped with a 4-inch minimum thickness pre-cast reinforced concrete planks or a cast-in-place reinforced concrete slab, each with a 6- to 18-inch crushed rock base. Pre-cast planks shall be connected to prevent displacement.8. A boat landing shall have a slope no steeper than 7 foot horizontal to one foot vertical (7H:1V) and may not exceed 50 feet in length or beyond the line of navigation, whichever is less.9. A boat landing may not be located in or across a wetland.10. A boat landing shall have rock riprap toe protection at the lakeward end of the landing which may not extend above the natural level of the bottom of the waterway.11. The side slopes of the excavated banks on either side of the boat landing may not exceed 2 feet horizontal to one foot vertical (2H:1V).12. Cofferdams used for site de-watering shall consist only of clean recoverable materials such as sandbags or plywood sheeting, and all materials shall be removed immediately following project completion.13. 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.14. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.15. Construction of the boat landing shall minimize the removal of trees, shrubs and other shoreline vegetation above the ordinary high water mark. Note: Local zoning ordinances may place restrictions on cutting trees in the shoreland zone. The riparian is responsible for ensuring that their project is in compliance with any local zoning requirements.
(f)Weed rake standards. 1. A weed rake 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 and may not be located within a floating bog.2. The weed rake shall be placed and maintained only by a riparian.3. The weed rake shall be placed entirely within the riparian's zone of interest, as determined by one of the methods outlined in ch. NR 326.4. The weed rake shall be attached, as an appurtenance to a pier or structure that has been authorized by the department or is otherwise exempt from the permit requirements of ch. 30, Stats.5. The weed rake boom radius may not exceed 24 feet in length, may not be operated in a manner as to alter the natural configuration of the bed of the waterway and may not disturb bottom sediments in water depths greater than 3 feet.6. The weed rake may only be attached or operated on a single side of a pier or structure and may not be moved from side to side of a pier within the same open water season.7. The weed rake may not be operated unattended for more than 5 days of continuous operation.8. The riparian is responsible for removing vegetation that has been dislodged or cut within their riparian zone as required under s. NR 109.08 (3).9. The weed rake may not result in the disturbance or removal of more than 1,200 square feet of native hydrophytic vegetation.(g)Dry fire hydrant standards. A dry fire hydrant may be authorized under a general permit if the activity meets all of the requirements of subs. (1) (c) and (d) and (2) (c) with the exception of sub. (1) (c) 1.(h)Intake or outfall structure standards. An intake or outfall structure may be authorized under a general permit if the activity is not located in a public rights feature as described in s. NR 1.06, and meets all the requirements of subs. (1) (c) 2., 3. and 4., (e) and (2) (c).(i)Piling standards. Piling may be authorized under a general permit if the activity meets all the requirements of subs. (1) (c) and (f) and (2) (c) with the exception of sub. (1) (c) 1.(j)Pea gravel blanket standards.1. A pea gravel blanket may not be located in an area of special natural resource interest or in a public rights feature.2. A pea gravel blanket shall only be placed in a lake, pond or flowage, and only by a riparian.3. A pea gravel blanket shall be placed entirely within the riparian's zone of interest as determined by one of the methods outlined in ch. NR 326.4. A pea gravel blanket shall be less than 6 inches thick.5. A pea gravel blanket shall consist of clean, washed stone and may not contain any fine materials.6. A pea gravel blanket may not exceed 1,200 square feet in area.7. A pea gravel blanket shall only be placed in water depths not to exceed 3 feet under normal summer water level conditions.8. A pea gravel blanket may not include the placement of any fabric below the gravel.9. A pea gravel blanket may not be placed in an area where the muck depth is less than 6 inches.10. A pea gravel blanket may not be placed in an area of naturally occurring sand, rock or gravel bottom.11. A pea gravel blanket may not be placed in an area where native aquatic plants are present or have been known to be present.12. A pea gravel blanket may not be in an area where sand, rock or gravel has been placed in the past.13. A pea gravel blanket permit is for a one-time placement of pea gravel only. Note: Additional pea gravel placement requires an individual permit.
(k)Individual permit required.1. Activities which do not meet the applicable standards in par. (c) and either par. (d), (e), (f), (g), (h), (i) or (j) shall require an individual permit.2. The department has authority under s. 30.206(3r), Stats., to require an individual permit in lieu of a general permit.(3) INDIVIDUAL PERMITS.(a)Procedures. 1. Individual permits shall be processed according to the procedures in ch. NR 300.2. If the department determines that a proposal submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604, Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue an individual permit until the applicant submits documentation to demonstrate one of the following: a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.b. The project has received an incidental take authorization under s. 29.604, Stats.3. If the applicant modifies their project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department can consider the application complete or issue an individual permit.(b)Applicable activities. Any structure which is not exempt under sub. (1), or is not authorized by a general permit under sub. (2), requires authorization by an individual permit pursuant to s. 30.12(3m) (c), Stats.(c)Standards. A structure meeting the standards in s. 30.12(3m), Stats., may be authorized under an individual permit.(4) EXISTING PERMITS. A structure regulated under this chapter which is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit. Any modifications to the structure that do not comply with the original permit conditions shall require a new individual permit and shall comply with all standards in this section.Wis. Admin. Code Department of Natural Resources NR 329.04
CR 04-062: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: am. (2) (b), renum. (2) (j) to be (2) (k) and am., cr. (2) (j) Register December 2005 No. 600, eff. 1-1-06; CR 07-094: cr. (1) (c) 5. and (2) (c) 4. Register November 2008 No. 635, eff. 12-1-08; correction in (2) (b) made under s. 13.92(4) (b) 7, Stats., Register May 2013 No. 689.Amended by, CR 22-13: am. (1) (a), (2) (a), (3) (a) 1. Register June 2023 No. 810, eff. 7/1/2023