Section 1.05. Identification of areas of special natural resource interest.

 

(1)  To fulfill its affirmative duty to protect public trust waters, the department shall identify and designate by rule areas that possess significant scientific value under s. 30.01 (1am) (c) , Stats., as areas of special natural resource interest under s. 30.01 (1am) , Stats.

(2)  Exemptions listed in ss. 30.12 (1g) (a) to (km) , 30.123 (6) (d) and 30.20 (1g) (b) 1. and 2. , Stats., do not apply in areas of special natural resource interest. General or individual permits are required.

(3)  All of the following waters are identified as areas of special natural resources interest under s. 30.01 (1am) , Stats.:

(a) A state natural area designated or dedicated under ss. 23.27 to 23.29 , Stats.

(b) A surface water identified as a trout stream by the department under s. NR 1.02 (7) .

(c) A surface water identified as an outstanding or exceptional resource water under s. 281.15 , Stats.

(4)  All of the following are determined to be areas of special natural resources interest under s. 30.01 (1am) (c) , Stats., as areas with significant scientific value:

(a) Waters or portions of waters that contain endangered or threatened species or aquatic elements as defined and identified in the Wisconsin Natural Heritage Inventory.

(b) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.

(c) Waters in areas identified in a special area management plan, abbreviated SAMP, approved by the U.S. Army Corps of Engineers, or special wetland inventory study, abbreviated SWIS, identified under s. NR 103.04 .

(d) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in Publication # ER-002-00, Data Compilation and Assessment of Coastal Wetlands of Wisconsin's Great Lakes, March 2000.

(e) Federal or state, under ss. 30.26 and 30.27 , Stats., designated wild or scenic rivers.

(5)  Areas of special natural resource interest shall be designated by the Natural Resources Board by rule.

(a) The Natural Resources Board may designate by rule categories of waters as areas of special natural resource interest. The status of waters added or removed from designated categories by independent listing processes shall be effective at the time that the name or location of the water is made available in the listing on the department's website as required in sub. (6) and no earlier than the effective date of any rule or required report to the legislature designating a water or portion of a water as an Area of Special Natural Resource Interest.

(b) The Natural Resources Board may designate by rule individual waters or portions of waters as areas of special natural resource interest.

(6)  The department shall maintain on its website and make available at its offices a consolidated list of areas of special natural resource interest along with all other waters designated under ss. NR 1.06 and 1.07 so that a person may readily determine the applicability of all exemptions or permit requirements under ch. 30 , Stats. For categories of waters with ongoing independent listing processes, notice of waters or portions of waters added or removed shall be provided at the website as soon as the name or location of the water is made available. Notice shall be maintained for 3 months after the initial listing.

(7)  The department shall report to the chairs of the standing natural resource committees of the Legislature and to the co-chairs of the joint committee for review of administrative rules in July of each year the aquatic-dependent species of special concern that may be added or removed from the state's list and those bodies of water that may be impacted by the addition or removal of those species. The department will notify the chairs of the standing natural resource committees of the Legislature and the co-chairs of the joint committee for review of administrative rules in January of those bodies of water that have been added to or removed from the consolidated list of areas of special natural resource interest as required in sub. (6) that result from identification of special concern species. This notification shall be included in an annual report on waterway and wetland permit program performance that is provided to all members of the legislature and the clerk of each county.

History: Emerg. cr. eff. 4-19-04; emerg. r. and recr. eff. 8-24-04; CR 04-066 : cr. Register April 2005 No. 592 , eff. 5-1-05; correction in (2) made under s. 13.92 (4) (b) 7. , Stats., Register April 2016 No. 724 .

Note

Activities not exempted in areas of special natural resource interest under ss. 30.12 and 30.20 , Stats., are: deposits less than 2 cubic yards; seasonal structures other than piers or wharves; fish habitat structures; bird nesting platforms; dry hydrants; pilings; riprap repair or replacement; biological shore erosion control structures; intake or outfall structures; dredging to place or maintain an exempt structure; dredging without auxiliary power. Activities not exempted in areas of special natural resource interest under ch. NR 320 are culvert replacements. However, new and existing piers may be exempt in areas of special natural resource interest under s. 30.13 , Stats., as set forth in ch. NR 326 . Microsoft Windows NT 6.1.7601 Service Pack 1 The definitions and scientific protocols for their identification are available on the department's website at http://dnr.wi.gov keyword "NHI" or by contacting the Bureau of Natural Heritage Conservation. Microsoft Windows NT 6.1.7601 Service Pack 1 Special area management plans exist for the City of Superior, Douglas County and Chiwaukee Prairie, Kenosha County. A Special Wetland Inventory Study exists for the area bordering the bay of Green Bay. Microsoft Windows NT 6.1.7601 Service Pack 1 See the department's website at http://dnr.wi.gov under the topic "Waterway and Wetland Permits." Microsoft Windows NT 6.1.7601 Service Pack 1