Section 327.04. Application.

 

(1)  No operator may engage in barge fleeting activities in navigable waters of the state without complying with this chapter, except that fleeting activities in existence on December 1, 1982 may continue without a permit until a final permitting decision is made, provided a permit application is filled with the department by April 1, 1983. An applicant for a barge fleeting permit for either an existing or proposed activity shall submit an application to the department on forms provided by the department.

(2)  The following information shall be included in the application:

(a) Proof that the applicant has riparian rights on the navigable waterway at the location of the proposed fleeting area. Proof may include fee simple title, a lease of riparian or mooring rights from the riparian owner, or written permission from the riparian owner. The department shall be notified by the operator of any action to terminate a lease or written permission.

(b) A map extending at least 1 ⁄ 4 mile up and downstream from the proposed fleeting area showing the location of the proposed fleeting area by section, township, range, and river mile and by major identifiable features in the immediate area such as locks and dams, incorporated areas, roads, bridges, and county lines. The map shall indicate designated fish and wildlife areas and refuges; existing recreational areas; historical, archeological and cultural sites, if known; residential housing locations; and existing adjacent water or shoreland uses which, together with fleeting operations, would present an unusual risk of fire, explosion, collision, contamination or other serious safety hazards. The map shall also show the following navigation-related features:

1. Docks,

2. Landings,

3. Harbors,

4. Marinas,

5. Dikes,

6. Revetments,

7. Islands,

8. Navigation or warning lights,

9. Left and right channel line buoy,

10. Wing dams, and

11. Submerged cable and pipeline crossings.

(c) A description of local land use and zoning in the vicinity of the proposed fleeting area.

(d) A drawing of the proposed fleeting area which contains the following: plan view and cross-sections to show existing pertinent topographic and hydrographic features; referenced government datum plane; scale, both vertical and horizontal (not smaller than 1 ‶ = 400 ' horizontal); north arrow; current directions; flow area; property lines and adjacent property owners by name and address; proposed features including dolphins, anchors, deadmen, mooring barges, mooring cells and buoys, and other devices; mooring facility size and configuration; and maximum number and size of barges to be moored, and routes used by any tow entering or leaving the fleeting area.

(e) A list of undeveloped alternative fleeting sites considered by the applicant and the reasons why the proposed site was preferred over them.

(3)  An application for renewal of an existing barge fleeting permit shall include a description of all changes in the information submitted with the previous application, and additional information requested by the department to act on the request for renewal.

(4)  An application may not be considered complete until the appropriate environmental analysis is completed under ch. NR 150 .

History: Cr. Register, November, 1982, No. 323 , eff. 12-1-82; CR 13-022 : am. (4) Register March 2014 No. 699 , eff. 4-1-14.