Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 351 - Exemptions from water quality certification in nonfederal wetlands
Section NR 351.05 - Incorporation by reference

Universal Citation: WI Admin Code ยง NR 351.05

Current through August 26, 2024

The following federal regulations, rules, memoranda of agreement, guidance letters, interpretive documents or other provisions established by a federal agency that is promulgated or adopted pursuant to s. 33 USC 1344(f) or that is used to interpret or implement s. 33 USC 1344(f) when determining whether certain activities in nonfederal wetlands are exempt or not eligible for exemption under s. 281.36(4) and (5), Stats., are hereby incorporated by reference under ss. 227.21(2) and 281.36(6), Stats.:

(1) Code of Federal Regulations (CFR). U.S. Army Corps of Engineers Regulatory Program Regulations 33 CFR 320- 331 and U.S. Environmental Protection Agency Program Regulations 40 CFR 232 .

Part

Name

33 CFR

Part 320

General Regulatory Policies -July 1, 2001 Edition

33 CFR

Part 323

Permits for Discharges of Dredged or Fill Material Into Waters of U.S. -

July 1, 2001 Edition

33 CFR

Part 328

Definition of Waters of the United States - July 1, 2001 Edition

40 CFR

Part 232

404 Program Definitions; Exempt Activities Not Requiring Permits -July 1, 2000 Edition

Note: The documents in Table 1 are available at the following websites. U.S. Army Corps of Engineers, Regulatory Program, Statutory, Administrative & Judicial Materials (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx). U.S. Environmental Protection Agency documents (http://www.epa.gov/epahome/rules.html#codified)and Title 40 CFR: Protection of the Environment (http://www.epa.gov/epahome/cfr40.htm).Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:

Superintendent of Documents

PO Box 371954

Pittsburgh PA 15250-7954

(2) U.S. Army Corps of Engineers Regulatory Guidance Letters.

RGLs

Title

82-03

Irrigation Exemption in Section 404(F)(1)(C) of the Clean Water Act

84-01

Regulatory Jurisdiction Over Vegetative Operations

84-05

Fifth Circuit Decision in Avoyelles vs. Marsh

85-04

Agricultural Conversion

86-01

Exemptions to Clean Water Act - Plowing

86-03

Exemption of Farm and Forest Roads

87-07

Exemption for Drainage Ditch Maintenance

87-09

Exemption for Construction or Maintenance of Farm or Stock Ponds

92-02

Water Dependency and Cranberry Production

93-03

Rescission of RGL's 90-5 and 90-8

96-02

Applicability of Exemptions under Section 404(f) to "Deep Ripping" Activities in Wetlands

Note: The documents in Table 2 are available at the following website: U.S. Army Corps of Engineers, Regulatory Program, Statutory, Administrative & Judicial Materials (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/GuidanceLetters.aspx). Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:

Superintendent of Documents

PO Box 371954

Pittsburgh PA 15250-7954

(3) Memoranda of Understanding and Agreement (MOA/MOUs). Memorandum for the Field: Clean Water Act Section 404 Regulatory Program and Agricultural Activities (USEPA and Department of the Army).

The above MOA can be obtained at website (http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/MOUMOAs.aspx). Copies of these materials are available for inspection in the offices of the department of natural resources, secretary of state and legislative reference bureau, Madison, Wisconsin and in some public libraries or may be purchased for personal use from:

Superintendent of Documents

PO Box 371954

Pittsburgh PA 15250-7954

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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