Section 1.07. Identification of priority navigable waterways.

 

(1)  To fulfill its affirmative duty to protect public trust waters, the department shall identify and designate by rule navigable waterways or portions of navigable waterways which contain sensitive fish and aquatic habitat under s. 30.19 (1b) (c) 4. , Stats., as priority navigable waterways under s. 30.19 (1b) (c) , Stats.

(2)  Rules promulgated under s. 30.19 (1d) , Stats., shall apply to priority navigable waterways.

(3)  All of the following waters are determined to be priority navigable waterways under s. 30.19 (1b) (c) 1. to 3. , Stats.:

(a) A navigable waterway, or portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15 , Stats.

(b) A navigable waterway, or portion of a navigable waterway, identified as a trout stream by the department under s. NR 1.02 (7) .

(c) A lake that is less than 50 acres in size.

(4)  All of the following waters are determined to be priority navigable waterways under s. 30.19 (1b) (c) 4. , Stats., as navigable waterways or portions of navigable waterways which contains sensitive fish and aquatic habitat:

(a) All areas of special natural resource interest as defined in s. NR 1.05 .

(b) All locations containing public rights features as defined in s. NR 1.06 .

(c) Tributaries to and rivers connecting to inland lakes containing naturally-reproducing populations of sturgeon up to the first dam.

(d) Navigable waters having self-sustaining populations of walleye located in the ceded territory of the state where resource allocation rights are shared by sovereign tribes.

(e) Muskellunge waters of the state where the muskellunge population is entirely or partially sustained through natural reproduction (Category 0, Category 1 and Category 2 muskellunge waters).

(f) Perennial tributaries to surface waters identified as trout streams by the department under s. NR 1.02 (7) .

(5)  The department shall maintain on its website and make available at its offices a consolidated list of priority navigable waters so that a person may readily determine the applicability of all exemptions or permit requirements under ch. 30 , Stats.

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.

Note

Under s. 30.19 (1g) (c) , Stats., and ch. NR 341 , a permit is required to grade or remove topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet. Under s. 30.19 (1d) , Stats., and ch. NR 341 , bank of a navigable waterway is defined differently for priority navigable waterways. 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