Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 323 - Fish And Wildlife Habitat Structures In Navigable Waterways
Section NR 323.05 - Wildlife habitat structures

Universal Citation: WI Admin Code ยง NR 323.05

Current through August 26, 2024

(1) EXEMPTIONS.

(a) Procedures. Exemptions shall be processed according to the procedures in ch. NR 300.

(b) Applicable activities.A nesting structure that meets all the standards in par. (c) shall be exempt under s. 30.12(1g) (d), 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 nesting structure may not be located in an area of special natural resource interest or in a public rights feature as described in s. NR 1.06.

2. The nesting structure may be placed and maintained only by a riparian.

3. The nesting structure 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 nesting structure shall be placed solely for the purpose of improving wildlife habitat.

5. A deposit of sand, gravel or stone under s. 30.12(1g) (a), Stats., may be associated with the placement of a nesting structure provided the deposit is limited to the area underneath or within one foot of the structure and is less than 2 cubic yards.

6. Dredging under s. 30.20(1g) (b)1, Stats., is allowed for the placement of a nesting structure provided the dredging does not exceed 2 cubic yards.

7. The surface area of a nesting structure may not exceed 25 square feet.

8. Nesting structures shall be designed and constructed of unpainted wood or of materials that are non-gloss earthtone colors that blend into a natural shoreline setting during leaf-on condition.

9. 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/.

10. 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.

(d) Permit required. Activities which do not meet the standards in par. (c) or are determined ineligible for an exemption by the department shall require a general permit or individual permit.

(e) Exceptions. Wood duck houses and nesting platforms attached to or supported by existing trees in their natural condition are not regulated under ch. 30, Stats., or this chapter.

(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 wildlife 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) Standards.
1. A wildlife 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.

(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 wildlife 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 wildlife habitat structure meeting the standards in s. 30.12(3m), Stats., may be authorized under an individual permit.

(4) EXISTING PERMITS. A wildlife 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.

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