Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 300 - Time Limits And Fees For Waterway And Wetland Permit Decisions
Section NR 300.03 - Definitions

Universal Citation: WI Admin Code ยง NR 300.03

Current through November 25, 2024

In this chapter:

(1) "Business day" or "working day" means each day except Saturday, Sunday and "Legal Holidays" as provided in s. 995.20, Stats.

(2) "Department" means the department of natural resources.

(3) "Environmental damage" means the harming of any wildlife or wildlife habitat including fish, bird, animal, or plant life, or degradation of the air, land, and waters within the state.

Note: The definition of environmental damage is necessarily general as it must be subjectively applied in conformance with applicable statutes.

(4) "Environmental pollution" has the meaning specified in s. 299.01(4), Stats.

(5) "Field investigation" means a physical inspection of the location of a proposed action requiring a permit or approval under ch. 30 or 31, Stats., or s. 23.321 or 281.36, Stats., and surrounding areas that may be directly or indirectly affected by the proposed action, carried out by an employee or agent of the department for the purpose of determining whether the proposed action meets applicable requirements of law.

(6) "General permit" means a permit issued by the department to allow a category of regulated activities regulated under ss. 30.206, 30.12(3), 30.123(7), 30.19(3r) 30.20 (1t), or 281.36 (3g), Stats.

(7)

(a) "Individual permit" means a permit issued by the department for a single project under specific applicable provisions of s. 281.36(3m), Stats., or ch. 30, Stats., excluding s. 30.206, Stats.

(b) "Individual permit" includes a contract issued under s. 30.20, Stats.

(8) "Navigable waterway" has the same meaning specified in s. 30.01(4m), Stats.

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).

(10) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.

(11) "Secondary impacts" means impacts to wetlands that are causally linked to the proposed project.

Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use due to habitat fragmentation or habitat conversion, erosion (sedimentation/siltation) due to inadequate or missing site stabilization, or the introduction or increase of invasive or non-native plant species to a wetland.

(12) "Waters of the state" has the meaning specified in s. 281.01(18), Stats.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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