(1) PROCEDURES.
(a) Individual permits shall be processed
according to the procedures in ch. NR 300.
(b) 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:
1. The
project avoids impacts to the endangered or threatened species in accordance
with s. 29.604, Stats.
2. The project has received an incidental
take authorization under s.
29.604,
Stats.
(c) If the
applicant modifies the project plans to meet the requirements of par. (b), the
modified plans shall be submitted before the department may consider the
application complete or issue a general permit.
(2) APPLICABLE ACTIVITIES. Any shore erosion
control structure which is not exempt under s. NR 328.04, is not authorized by
a general permit under s. NR 328.05, requires authorization by an individual
permit pursuant to s.
30.12(1),
Stats.
(3) RIPRAP.
(a)
Moderate or high energy
site. Construction of new riprap at moderate or high energy sites
which do not meet the general permit standards in s. NR 328.05 may be
authorized by an individual permit provided that the construction meets the
standards in s. 30.12(3m),
Stats., and the rules promulgated thereunder.
(b)
Low energy site.
Construction of new riprap at low energy sites may be authorized by an
individual permit provided one of the following can be shown:
1. The bank-edge recession described in s. NR 328.08 (3) is equal to or greater than 0.5 feet per year, and the construction
meets the standards in s.
30.12(3m),
Stats., and sub. (5).
2. The EI
score described in s. NR 328.08 (2) is equal to or greater than 40, and the
construction meets the standards in s.
30.12(3m),
Stats., and sub. (5).
(4) SEAWALLS. Seawalls meeting the standards
in s. 30.12(3m),
Stats., may be authorized under an individual permit, except that seawalls at
low energy sites may only be permitted in the following locations:
(a) Municipal or commercial marinas where
vertical docking facilities are a practical alternative after considering the
public interest.
(b) Navigational
channels actively used as thoroughfares or for access, where slopes are greater
(steeper) than 1.5 feet vertical to one foot horizontal, showing evidence of
erosion, where alternative methods of erosion control would impede
navigation.
(c) Locations where
slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, and
where the applicant demonstrates that alternative measures are not practicable
taking into consideration bank height and the location of other permanent
structures on the property.
(5) ANALYSIS OF INDIVIDUAL PERMITS. The
department shall consider factual data from applicants regarding all of the
following factors in evaluating individual permit applications:
Note: The Department's analysis of individual
permits is not constrained to the general permit standards identified in s. NR 328.05.
(a) Whether shore protection
measures allowed without permits or with a general permit would provide
adequate erosion control.
(b) The
cumulative and individual impact on public rights and interests including fish
and wildlife habitat, physical, chemical and biological effects on the adjacent
waterway and natural scenic beauty including: interference with navigation and
its incidents, i.e, swimming, boating, fishing and hunting; impacts on natural
scenic beauty; and impacts on special concern, threatened or endangered
species.
Note: Less developed areas of the lake or less
developed lakes in general will experience greater impacts on natural scenic
beauty from the structure and its activity than other more developed areas or
lakes.
Note: Survey information indicates that
special concern, threatened, or endangered species or their habitats are found
near the site.
(c) Impacts
on littoral zone and nearshore habitat including: reduced density of woody
cover in shallow water; reduced density, coverage and diversity of nearshore
vegetation, such as terrestrial, emergent, floating-leafed and submerged zones;
designated sensitive areas, spawning or nursery habitat.; change in nearshore
substrate that reduces its suitability for habitat.
Note: The structure and its associated
activity located in or near spawning/nursery habitats or designated sensitive
areas.
(d) The erosion
exposure of the project site based on site-specific conditions, including ice
and the presence of natural ice ridges.
(e) The effect of the project on the
adjoining upland and its ability to prevent erosion and sedimentation into the
waterway.
(f) Whether project
designs or specific conditions can avoid or reduce impacts of the structure.
Designs shall have high likelihood of success, and duration equal to the
life-span of the structure.
(6) EXISTING PERMITS. A shore protection
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.
