Section 323.03. Definitions.

  The following definitions apply to this chapter:

(1)  "Area of special natural resource interest" has the meaning in s. 30.01 (1am) , Stats., and as identified by the department in s. NR 1.05 .

(2)  "Bank cover" means a man-made structure composed of biological or inert materials designed to provide overhanging cover habitat for fish in streams.

(3)  "Biological materials" means living or organic materials that are biodegradable such as native grasses, sedges, forbs, shrubs and trees; live stakes and posts; non-treated wood; jute netting; fiber rolls and mats; logs; and branches.

(4)  "Department" means the department of natural resources.

(5)  "Fish crib" means a man-made 3-dimensional habitat structure composed of biological or inert materials designed specifically to attract and concentrate fish.

(6)  "Half-log" means a man-made structure composed of a log sawed lengthwise and anchored flat side down to the bottom of a lake or stream using steel rods for the purpose of providing habitat for fish.

(7)  "Inert materials" means those materials that slowly degrade, such as chemically treated wood, stone, stainless and galvanized steel, plastics and synthetic polymers.

(8)  "Navigable waterway" means any body of water with a defined bed and bank, which is navigable under the laws of the state. In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.

(9)  "Nesting structure" or "wildlife habitat structure" means any structure or device constructed for the purpose of improving nesting habitat for wildlife, including birds, mammals, amphibians and reptiles. Nesting structures include but are not limited to wood duck houses and nesting platforms.

(10)  "Ordinary high water mark" means the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognizable characteristic.

(11)  "Riparian" means an owner of land abutting a navigable waterway.

(12)  "Similar device" under s. 30.12 (1g) (c) , Stats., means a man-made structure composed of biological or inert materials designed specifically for the purpose of providing habitat for fish, including but not limited to tree drops, half-logs and brush bundles.

(13)  "Spawning reef" means an expanse of rock below the surface of the water used by fish for spawning.

(14)  "Tree drop" means a man-made structure created by a tree placed into the water for the purpose of providing habitat for fish.

(15)  "Wing deflector" means a man-made structure composed of biological or inert materials placed in streams to deflect stream flow and modify stream channels for the purpose of providing habitat for fish.

History: CR 04-064 : cr. Register April 2005 No. 592 , eff. 5-1-05.

Note

"Area of special natural resource interest" means any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1(a) A state natural area designated or dedicated under ss. 23.27 to 23.29 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1(b) A surface water identified as a trout stream by the department in s. NR 1.02(7) . Microsoft Windows NT 6.1.7601 Service Pack 1 (bm) A surface water identified as an outstanding or exceptional resource water under s. 281.15 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) An area that possesses significant scientific value, as identified by the department in s. NR 1.05 . Microsoft Windows NT 6.1.7601 Service Pack 1 Information and lists can be obtained by contacting the department, or found on 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 This incorporates the definition at s. 30.01 (4m) Stats., and current case law, which requires a watercourse to have a bed and banks, Hoyt v. City of Hudson , 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff, DeGayner & Co., Inc. v. DNR , 70 Wis. 2d 936 (1975); Village of Menomonee Falls v. DNR , 140 Wis.2d 579 (Ct. App. 1987). Microsoft Windows NT 6.1.7601 Service Pack 1