Wisconsin Department of Natural Resource Hearings on Act 118
August 31 & September 1, 2 

See original DNR Notice (scroll down)

The Department of Natural Resources will hold public hearings on revisions to a number Natural Resources administrative codes relating to waterway permits as part of the implementation of Wisconsin Act 118. The hearings cover the following administrative codes:

Ch. NR 320, Wis. Adm. Code, relating to the regulation of bridges and culverts in or over navigable waterways. Chapter NR 320 defines and describes design standards for two types of culvert replacements that qualify for exemptions in all waters other than "areas of special natural resource interest" (ASNRIs). The rule also establishes a general permit for clear span bridges over a navigable water less than 35 feet. Department staff will work with stakeholders to develop two additional general permits: non-exempt culvert replacements over a navigable water less than 35 feet in width and bridges supported only by culverts.

The repeal of ss. NR 340.02(2), (8) and (19) and the creation of ch. NR 341, Wis. Adm. Code, relating to regulation of grading on the bank of a navigable waterway. Proposed ch. NR 341 determines what constitutes a "bank" for priority navigable waterways and other navigable waterways; establishes criteria to define those activities which need a grading permit, and specifies conditions under which general or individual permit coverage is required. The proposed rule recognizes the overlap between the requirements and standards of a ch. 30 grading permit and a ch. NR 216 stormwater construction site discharge permit. This rule specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner rights and property. Specifically, the proposal defines "bank" for priority navigable waterways and other navigable waterways, establishes a protocol for measuring the "bank", establishes two general permits for grading projects, and deletes obsolete definitions of "bank", "grade or otherwise remove" and "topsoil" from ch. NR 340.

The repeal of ss. NR 340.02(18) and (20) and the creation of ch. NR 343, Wis. Adm. Code, relating to the regulation of construction, dredging and enlargement of an artificial water body. Proposed ch. NR 343 recognizes artificial water bodies constructed for the purpose of meeting the performance standards under ch. NR 151 and allows such artificial water bodies to be eligible for a general permit under this chapter with several design standards. The proposed rule establishes general permits for three activities: wildlife ponds, landscape ponds and stormwater ponds. Proposed ch. NR 343 also clarifies jurisdiction for ponds located within 500 feet of a navigable waterway, and specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner’s rights and property. The proposed permanent rule differs from the current emergency rule in that it modifies the definition of "stormwater management pond" to clarity timeframe and purpose, clarifies that any constructed portion of a pond is subject to the 500 foot jurisdiction, adds general permit conditions to prevent fish entrapment and exclude mining, makes conditions more consistent for general permits and deletes conditions that restricted unconnected ponds within 500 feet of a public rights feature.

The creation of ch. NR 345, Wis. Adm. Code, relating to dredging in navigable waterways. Proposed ch. NR 345 cross-references the rules for exempt structures where the standards for associated dredging are set. It also sets standards under which hand-held dredging activities are exempt which include: not in an area of special natural resource interest or a public rights feature; may not contain hazardous substances; dredged material disposed of in uplands or approved solid waste facility, erosion control best management practice utilized; and not more than 4 cubic yards of material removed or displaced. Proposed ch. NR 345 also establishes general permits for installation of utility lines and maintenance dredging of up to 3000 cubic yards in established drainage districts. The standards are similar to those required for exemptions above but have some additional standards specific to the activity being.

The proposed rules may be reviewed and comments electronically submitted until September 17, 2004 at the following Internet site:
http://adminrules.wisconsin.gov

Written comments on the proposed rule may be submitted via U.S. Mail to:

Ms. Roberta Lund
Bureau of Fisheries Management and Habitat Protection
PO Box 7921
Madison, WI 53707

Comments may be submitted until September 17, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Lund.

An open house will be held from 3 to 5 p.m. prior to each hearing where department staff will be available to answer questions regarding the proposed rules. The hearings will be held on: