(1) POND OR ARTIFICIAL WATER BODY SITES. This
chapter applies to activities regulated under s.
30.19(1g) (a) and (am), Stats. An application to
construct, dredge or enlarge any part of a pond or artificial water body shall
be filed with the department pursuant to ch. NR 310 by any person for any
artificial water body that either:
(a)
Connects with a navigable waterway.
(b) Is located within 500 feet of the
ordinary high water mark of an existing navigable waterway.
Note: This includes a stormwater management pond that does
not discharge into a navigable waterway except as a result of storm
events.
(2)
COMPLIANCE. Any person responsible for the site regulated by this chapter shall
comply with all applicable provisions of this chapter and the appropriate
permit issued pursuant to this chapter.
(3) EXEMPTIONS. This chapter does not apply
to any of the following:
(a) The construction
or repair of any public highway where public highway has the meaning given for
highway in s.
340.01(22),
Stats.
(b) Any agricultural use of
land.
(c) An activity that affects
a navigable inland lake that is located wholly or partly in any county having a
population of 750,000 or more.
(d)
Any activity that affects a portion of Lake Michigan, Lake Superior or a
navigable stream that is located within a county having a population of 750,000
or more.
(e) Any work required to
maintain the original dimensions of an enlargement of an artificial water body
done pursuant to a permit or legislative authorization under s.
30.19(1g) (a) or (am), Stats., provided appropriate
erosion control practices are implemented and maintained and dredge spoils are
disposed of in an appropriate manner and location.
(f) An infiltration device designed to meet
the performance standards of s.
NR 151.12(5) (c) or to meet an
equivalent local ordinance that requires volume reduction and is not located in
a wetland or existing navigable waterway.
Note: The landowner of a site exempt under par. (c) or (d) is
still required to submit a notice of intent under subch. III of ch. NR 216 for
land disturbing construction activity of one or more acres.
(g) A sediment trap draining a maximum of 5
acres and designed to meet the performance standards of s.
NR 151.11(6) or to meet an equivalent
local ordinance and is not located in a wetland or existing navigable
waterway.
(h) A temporary sediment
basin or stormwater management pond designed to meet the performance standards
of s.
NR 151.11(6) or to meet an equivalent
local ordinance where the crest of the berm of the basin is more than 35 feet
from the ordinary high water mark and no portion of the basin is within 100
feet of the location of any public rights feature as described in s.
NR 1.06.
Nonmetallic mining projects shall be processed under ch. NR
340 and shall meet all the standards in ch. NR 340 not ch. NR
343.
