(1) EXEMPTIONS.
(a)
Procedures. Exemptions
shall be processed according to the procedures in ch. NR 300.
(b)
Applicable activities. A
fish habitat structure that meets the standards in par. (c) and one of pars.
(d) to (h) shall be exempt under s.
30.12(1g) (c),
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. The
fish habitat structure 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. The fish habitat structure
may be placed and maintained only by a riparian.
3. The fish habitat structure shall be placed
entirely within the riparian's zone of interest, as determined by one of the
methods outlined in ch. NR 326. Certain habitat structures may be placed beyond
the line of navigation where allowed by rule.
4. The fish habitat structure shall be placed
solely for the purpose of improving fish habitat.
5. The riparian shall report the placement of
the structure to the local department fisheries biologist within 30 days after
placement. The report shall contain a description of the project and its
purpose, the name of the waterway and a map showing where the structure was
placed.
Note: A list of the local department fisheries
biologists is available at department service centers and on the department's
website at http://dnr.wi.gov under the program "Fisheries Management and
Habitat Protection."
6. A
deposit of sand, gravel or stone under s.
30.12(1g) (a),
Stats., may be associated with the placement of a fish habitat structure
provided the deposit is limited to the area immediately underneath or within
one foot of the structure and is less than 2 cubic yards.
7. Dredging under s.
30.20(1g) (b)1, Stats., is not allowed for the placement
of a fish habitat structure.
8.
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/.
9. 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.
10. To protect fish habitat during spawning
seasons, no exempt activity may take place during the following time periods:
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. 10. a. and located south of state highway 29, March 15
through May 15.
c. For all waters
not identified under subd. 10. a. and located north of state highway 29, April
1 through June 1.
11. 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. 11. a. to c.
or h. Decontamination shall include either subd. 11. 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)
Fish crib standards. In
addition to the standards in par. (c), fish cribs shall meet the following
requirements:
1. Fish cribs shall have a
minimum of 5 feet of water over the top of the structure. The depth and
clearance of the fish cribs shall be based on the normal lowest water level
condition during a calendar year.
2. Fish cribs shall be constructed of
biological materials, with the exception of fastening and anchoring
devices.
3. The dimensions of a
fish crib shall be no larger than 8 feet tall by 8 feet long by 8 feet
wide.
4. Fish cribs may not be
placed within 100 feet of swimming beaches or swim rafts.
5. Fish cribs may not be located in soft
sediment or muck that is greater than 12 inches in depth.
6. Fish cribs may not be placed where the
bottom contour of the waterway exceeds a slope of 4-foot horizontal to one-foot
vertical.
7. Fish cribs shall be
adequately anchored to prevent movement.
(e)
Spawning reef standards.
In addition to the standards in par. (c), spawning reefs shall meet the
following requirements:
1. Spawning reefs
shall be constructed of an aggregate of clean, uncrushed gravel and rock from 2
to 8 inches in diameter, in a ratio of approximately 30% ranging from 2 to 4
inches in diameter and approximately 70% ranging from 4.1 to 8 inches in
diameter.
2. Spawning reefs shall
be placed in a linear form parallel to the shore.
3. Spawning reefs shall be no longer than 100
feet along the shoreline and no wider than 30 feet perpendicular to shore and
may not be placed more than 100 feet from shore.
4. Spawning reefs shall be placed where water
depths range from 0 to 5 feet.
5.
Spawning reefs may not be placed where the bottom contour of the waterway
exceeds a slope of 4-foot horizontal to one-foot vertical.
6. Spawning reefs may not be placed where the
bottom substrate composition consists of less than 90% clean sand.
Note: Natural walleye spawning reefs generally
consist of substrates 2-8 inches in diameter with rounded edges. Natural
walleye spawning reefs are located adjacent to gently sloping shorelines in
shallow water. Walleye spawning reefs require a moderate amount of wave action
to keep the substrate clean of algae and provide adequate water circulation for
incubating eggs. The requirement of 90% clean sand indicates a lack of spawning
habitat, the appropriate wave action, and substrate capable of supporting the
reef. If the water depth remains less than 5 feet and the bottom contour
remains less than 10:1, a maximum location of 100 feet from shore is required
to reduce navigation concerns.
7. Any person placing a spawning reef shall,
within 30 days after placement, provide written notice to the president or
chair of any lake association, property owners association or lake district.
The notice shall include a description of the spawning reef and include a lake
map identifying the exact location of the reef. The person is also responsible
for posting a laminated copy of the same map, within 30 days after placement,
at all public boat landings on the waterbody, where the reef is located, for a
period of not less than one year.
(f)
Wing deflector
standards. In addition to the standards in par. (c), wing deflectors
shall meet the following requirements:
1.
Design and placement of wing deflectors shall follow the recommendations in
Guidelines for Management of Trout Stream Habitat in Wisconsin
by Ray J. White and Oscar M. Brynildson, Wisconsin Department of Natural
Resources.
Note: Copies of these publications may be
inspected by contacting the local department fisheries biologist or public
library.
2. Wing deflectors
may only be placed in navigable streams which are less than 5 feet wide,
measured from ordinary high water mark to ordinary high water mark.
3. Wing deflectors may not extend more than
25% across the stream width.
(g)
Tree drops. In addition
to the standards in par. (c), tree drops shall meet the following requirements:
1. Tree drops may only be placed in lakes or
flowages.
2. Tree drops shall
consist of fresh cut live trees having a minimum diameter of 12 inches at the
base.
3. Tree drops shall be
securely anchored to the shore at intervals no less than 50 feet apart.
Note: Local zoning ordinances may place
restrictions on cutting trees in the shoreland zone. The riparian is
responsible for ensuring that their tree drop project is in compliance with any
local zoning requirements.
(h)
Half-log structures. In
addition to the standards in par. (c), half log structures shall meet the
following requirements:
1. Half-logs shall be
constructed from green logs with a minimum diameter of 10 inches and spacers
may not exceed 12 inches in height.
2. Half-logs shall be placed where the bottom
substrate composition consists of sand or gravel, or both.
3. Half-logs may not be placed in water
deeper than 5 feet.
4. Half-logs
placed in lakes and flowages may not be located greater than 100 feet from
shore or within 100 feet of a swim raft.
(i)
Permit required.
1. Activities which do not meet the standards
in par. (c) and either par. (d), (e), (f), (g) or (h), or are otherwise
determined ineligible for an exemption by the department 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 may consider the
application complete or issue a general permit.
(b)
Applicable activities. A
fish habitat structure that meets the standards in par. (c) 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. A fish
habitat structure may be authorized under a general permit if it meets all the
requirements in sub. (1), except for sub. (1) (c) 1., and all the requirements
of this paragraph.
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 general permit activity may 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. 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.
d. The
applicant may request that the requirements in subd. 4. 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.
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 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)
Individual permit
required.1. Activities which do not
meet the applicable standards in par. (c) 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. A
fish habitat structure which is not exempt under sub. (1) and 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 fish habitat structure meeting the standards in
s. 30.12(3m),
Stats., may be authorized under an individual permit.
(4) EXISTING PERMITS. A fish habitat
structure 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.
