(1) EXEMPTIONS.
(a)
Procedures. Exemptions
shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activities. A
replacement of a culvert that meets all the standards in par. (c) shall be
exempt under s. 30.123(6) (e),
Stats. A replacement of a previously permitted culvert that meets all the
standards in par. (d) shall be exempt under s.
30.123(6) (d),
Stats.
Note: Section
30.123(6) (e),
Stats., was repealed by 2015 Wis. Act 55.
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)
Standards to replace a culvert that does not exceed 24-inches in
diameter.1. The culvert may not be
located in an area of special natural resource interest, in a public rights
feature as described in s. NR 1.06, or in navigable tributaries to surface
waters identified as trout streams by the department in s. NR 1.02(7).
2. The culvert may not exceed
24 inches in diameter, span or width.
3. For a culvert replacement to be considered
exempt, the culvert must be in place or documented to have been in place in the
past 3 years.
Note: The historical presence of a culvert that
is no longer in place or was not in place in the past 3 years does not
constitute a replacement.
4.
The replacement culvert shall be an in-kind replacement of a single culvert of
the same cross-sectional area and of equal or shorter length of culvert that is
being replaced.
5. The required
culvert area may not exceed 3 square feet as calculated in s. NR 320.07 (1), to
ensure that a 24-inch culvert adequately passes stream flow and is not likely
to create a ponded condition upstream.
6. Culvert replacement and installation shall
mimic the natural streambed and gradient above and below the culvert channel.
Perched culverts are not in compliance with this condition.
Note: A culvert which is part of a structure
that functions as a dam requires an approval or permit under ch. 31,
Stats.
7. Both ends of the
culvert shall be installed so 4 to 6 inches lies below the bed of the
waterway.
8. Culvert inlets may not
be capped with screens, bars or any other means, with the exception of beaver
control procedures, that prevents movement of fish or wildlife or collects
debris. Culvert openings shall be inspected at least once a year for debris and
any obstructions shall be removed.
9. The culvert shall be designed to prevent
washout. Culverts shall be long enough so road fill does not extend beyond the
ends of the culvert. The culvert shall be no longer than the sum of the width
of the roadtop, the slide slopes, and additional one foot on each side as
calculated in s. NR 320.07 (3). The culvert shall extend at least one foot
beyond the fill. The channel shall be protected with 3 to 12 inch diameter
variable sized riprap extending horizontally at least 2 times the culvert
diameter from the end of the culvert. Riprap placement shall include an
adequate filter layer or filter fabric.
Note: Prefabricated culvert end sections may be
a viable alternative to stabilization with rip rap.
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10.
Clean fill material shall be firmly compacted around the culvert. The culvert
shall be designed or protected to prevent crushing.
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11.
Dredging under s. 30.20(1g) (b)1, Stats., and deposition of sand, gravel or
stone on the stream bed under s.
30.12(1g) (a),
Stats., may be associated with the replacement of a culvert provided dredging
is limited to the volume necessary to bury the culvert as required in subd. 5.
and the deposit is limited to the area immediately underneath or within 2 feet
of the culvert.
12. Culvert
replacement is prohibited from March 15 to June 1 annually to minimize adverse
impacts on fish movement, fish spawning, egg incubation periods and high stream
flows. Where emergency replacement is necessary to access an existing residence
or agricultural lands, the culvert may be replaced during this time period if
construction can be completed within 6 hours.
13. 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/.
14. 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.
15. 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. 15. a. to c. or h. Decontamination shall
include either subd. 15. 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 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.
Note: Equipment shall be operated from the
roadway or streambank only (see s.
30.29, Stats).
Note: A permit is required under s.
30.19, Stats., and ch. NR 341 if
land disturbance or excavation exceeds 10,000 square feet on the bank of the
navigable waterway.
(d)
Standards to replace a previously
permitted culvert.1. A culvert that
is authorized by a permit issued under s.
30.12 or
30.123, Stats., may be replaced
provided the construction, placement and maintenance will comply with the same
conditions of the original permit.
Note: If changes to land use, flood flows, or
navigational patterns have occurred since a culvert was originally permitted,
the initial standards may no longer be appropriate and may need to be
modified.
2. Both ends of
the culvert shall be installed so a minimum of 46 with a maximum of 86 of a
round culvert or 66 of a pipe arch culvert lies below the bed of the waterway.
Note: In most cases, the pipe arch culvert is
the recommended culvert design because it is effective in low clearance
installations, generally requires less fill, and the wider bottom allows for
the better retention of natural substrates.
3. 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/.
4. 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 removal shall
be restored.
5. A deposit of sand,
gravel or stone under s.
30.12(1g) (a),
Stats., may be associated with the replacement of a culvert provided the
deposit is limited to the area immediately underneath or within 2 feet of the
culvert.
6. Dredging under s.
30.20(1g) (b)1, Stats., is allowed for the replacement of
a culvert provided it is limited to the volume necessary to bury the culvert as
required in subd. 2.
7. 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. 7. a. to c.
or h. Decontamination shall include either subd. 7. 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 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.
(e)
Permit required.
1. Activities that do not meet the standards
in par. (c) or (d) or are otherwise determined ineligible for an exemption by
the department require a general permit or individual permit.
2. The department has the authority under s.
30.123(6m),
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 may consider the
application complete or issue a general permit.
(b)
Applicable activities. A
clear span bridge that meets all the standards in s. NR 320.04 and pars. (c)
and (d) shall be eligible for a general permit under ss.
30.123(7) (a) and (b) and
30.206, Stats. A culvert
placement that meets all the standards in par. (c) and either par. (e) or (f)
shall be eligible for a general permit under ss.
30.123(7) (a) and (b) and
30.206, Stats. A temporary
in-stream crossing that meets all the standards in pars. (c) and (g) shall be
eligible for a general permit under ss.
30.123(7) (a) and (b) 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 placement, repair or removal of a
structure shall be immediately seeded and mulched 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 removal of
temporary erosion and sediment control practices shall be restored.
3. To minimize adverse impacts on fish
movement, fish spawning, egg incubation periods and high stream flows,
placement, repair and removal of a structure may not occur during the following
time periods:
a. For trout streams identified
under s. NR 1.02 (7) and navigable tributaries to those trout streams,
September 15 through May 15.
b. For
all waters not identified in this subd. 3. a. and located south of state
highway 29, March 15 through May 15.
c. For all waters not identified in this
subd. 3. a. and located north of state highway 29, April 1 through June
1.
d. The applicant may request
that the requirement in this 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. Any grading, excavation and land
disturbance shall be confined to the minimum area necessary for the placement,
repair and removal of the structure and may not exceed 10,000 square
feet.
5. All equipment used for the
project shall be designed and properly sized to minimize the amount of sediment
that can escape into the water.
6.
Placement, repair and removal of the structure 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 activities located in mapped floodplains or in shoreland zones.
The riparian is responsible for ensuring that their project is in compliance
with any local zoning requirements as well as the provisions of this
chapter.
7. Approach fill
shall be a maximum of one foot deep at the bank and 0 feet at 15 feet landward
of the bank. If depth of greater than one foot of approach fill is required or
the approach must be located in a wetland, it shall be of an open ramp style
that does not impede flow. Geotextile fabric shall be placed under approach
fill to facilitate removal and reduce soil compaction.
8. Accumulated brush, debris and other
obstructions that are trapped in or underneath the structure shall be regularly
removed to prevent upstream flooding and maintain structural
integrity.
9. The permittee shall
submit a series of photographs to the department within one week of placing the
structure on this site and within one week of stabilizing disturbed areas on
the site after the removal of the structure. The photographs shall be taken
from different vantage points and depict all work authorized by the
permit.
10. 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. 10. a. to c. or h.
Decontamination shall include either subd. 10. 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 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)
Standards for placement of clear
span bridges over navigable streams.
1. The clear span bridge may only span a
navigable stream that is less than 35 feet wide, measured from ordinary high
water mark to ordinary high water mark.
2. The clear span bridge may not be located
on a wild river designated under ch. NR 302, or where similar federal, state or
local regulations prohibit the construction.
3. At least one end of the bridge structure
shall be firmly anchored in a manner that the bridge will not be transported
downstream during flood conditions.
4. The bridge shall completely span the
navigable stream from top of channel to top of channel with no support pilings
in the stream.
(e)
Standards for culvert placement on navigable streams without a
professionally engineered culvert design.
1. Culvert placement may not occur in a
public rights feature as described in s. NR 1.06.
2. The required culvert area may not exceed
20 square feet as calculated in s. NR 320.07 (1).
3. Culvert placement and installation shall
mimic the natural streambed and gradient above and below the culvert channel.
Perched culverts are not in compliance with this condition.
4. If flow conditions require the use of a
multiple culvert arrangement, culverts shall be placed at varying elevations,
one in the bed and the other at 46 to 86 higher, to facilitate base and low
flows as well as larger rain or snowmelt events.
5. Both ends of the culvert shall be
installed so a minimum of 46 and a maximum of 86 for a round culvert and 66 for
a pipe arch culvert lies below the bed of the waterway.
6. Culvert inlets may not be capped with
screens, bars or any other means, with the exception of beaver control
procedures, which prevent movement of fish or wildlife or collect
debris.
7. Culverts shall be
designed to prevent washout. Culverts shall be long enough so road fill does
not extend beyond the ends of the culvert. The culvert shall extend at least
one foot beyond the fill. The channel shall be protected with variable-sized
riprap extending horizontally at least 2 times the culvert diameter or height
of arch culvert from the end of the culvert. Riprap placement shall include an
adequate filter layer or filter fabric as illustrated in sub. (1) (c)
9.
8. Clean fill material shall be
firmly compacted around the culvert as illustrated in sub. (1) (c) 10. Multiple
culvert crossings shall have a minimum of 2 feet clearance between adjacent
culverts to allow adequate compaction of fill material. The culvert shall be
designed or protected to prevent crushing.
9. Dredging and deposition of sand, gravel or
stone on the streambed may be associated with the placement of a culvert
provided that the dredging is limited to the volume necessary to bury the
culvert as required in this section and the deposit is limited to the area
immediately underneath or within 2 feet of the culvert.
10. Issuance of a general permit under this
paragraph constitutes a waiver of the vertical clearance standards under s. NR 320.04.
11. The activity is not
located in a lake system.
(f)
Standards for culvert placement
on navigable streams with a professionally engineered culvert design.
1. The culvert placement shall meet all the
standards in s. NR 320.04.
2. The
activity shall meet all the standards in par. (e) with the following exception:
The required culvert area may not exceed 40 square feet as calculated in s. NR 320.07 (1).
(g)
Standards for placement of temporary in-stream crossings on navigable
streams.
1. The temporary in-stream
crossing shall be used to provide temporary access to an area for forest
management activities that are taken on forest land to establish, maintain or
enhance a forest including planting trees, thinning and trimming trees, and
harvesting timber and other forest products.
2. The temporary in-stream crossing may only
span a navigable stream that is less than 10 feet wide, measured from ordinary
high water mark to ordinary high water mark.
3. The temporary in-stream crossing may not
be located on a wild river designated under ch. NR 302, or where similar
federal, state or local regulations prohibit the construction.
4. The temporary in-stream crossing shall
consist of poles, small logs, or pipes placed side by side in the stream
channel parallel to the stream flow. Geotextile fabric shall be placed under
the poles, small logs, or pipes and under any associated approach
fill.
5. For trout streams
identified under s. NR 1.02 (7) and navigable tributaries to those trout
streams, the temporary in-stream crossing shall include a culvert with a
minimum diameter of 12 inches. The culvert shall be placed on the streambed and
may not obstruct fish passage. Poles, small logs, or pipes may be placed side
by side parallel to stream flow over the culvert. Geotextile fabric shall be
placed under the culvert, poles, small logs, or pipes and under any associated
approach fill.
6. The temporary
in-stream crossing shall be placed and removed during frozen or low flow
conditions.
Note: Frozen conditions would exist when the
stream is covered with ice thick enough to support vehicles and low flow
conditions would exist when there is little or no water in the
streambed.
7. The poles,
small logs, or pipes shall be cabled, chained or banded together prior to
installation to facilitate removal.
8. The temporary in-stream crossing shall be
removed after the project requiring temporary access is completed or 160 days
after installation, whichever occurs first.
Note: Removal of a temporary in-stream crossing
must comply with the time periods specified in par. (b) 3.
9. The temporary in-stream crossing shall be
installed and removed a single time, except for maintenance of the structure as
authorized in par. (c) 8.
10.
Issuance of a general permit under this paragraph constitutes a waiver of the
vertical clearance standards under s. NR 320.04.
(h)
Individual permit
required.
1. Activities that do not
meet the standards in par. (c) and either par. (d), (e), (f), or (g), or a
general permit issued by the department 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 the project plans to meet the requirements of subd. 2., the
modified plans shall be submitted before the department may consider the
application complete or issue an individual permit.
(b)
Applicable activities.
Any bridge or culvert which is not exempt under sub. (1) and is not authorized
by a general permit under sub. (2) requires authorization by an individual
permit under s. 30.123(8),
Stats. Individual permits will be required for streams with required culvert
areas in excess of 40 square feet.
(c)
Standards. Construction,
placement or maintenance of a bridge or culvert that meets the standards in s.
30.123(8) (c),
Stats., may be authorized under an individual permit.
