Section 328.06. Individual permits.

 

(1)   Procedures .

(a) Individual permits shall be processed according to the procedures in ch. NR 310 .

(b) If the department determines that a proposal submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604 , Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate one of the following:

1. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604 , Stats.

2. The project has received an incidental take authorization under s. 29.604 , Stats.

(c) If the applicant modifies the project plans to meet the requirements of par. (b) , the modified plans shall be submitted before the department may consider the application complete or issue a general permit.

(2)   Applicable activities . Any shore erosion control structure which is not exempt under s. NR 328.04 , is not authorized by a general permit under s. NR 328.05 , requires authorization by an individual permit pursuant to s. 30.12 (1) , Stats.

(3)   Riprap.

(a) Moderate or high energy site. Construction of new riprap at moderate or high energy sites which do not meet the general permit standards in s. NR 328.05 may be authorized by an individual permit provided that the construction meets the standards in s. 30.12 (3m) , Stats., and the rules promulgated thereunder.

(b) Low energy site . Construction of new riprap at low energy sites may be authorized by an individual permit provided one of the following can be shown:

1. The bank-edge recession described in s. NR 328.08 (3) is equal to or greater than 0.5 feet per year, and the construction meets the standards in s. 30.12 (3m) , Stats., and sub. (5) .

2. The EI score described in s. NR 328.08 (2) is equal to or greater than 40, and the construction meets the standards in s. 30.12 (3m) , Stats., and sub. (5) .

(4)   Seawalls. Seawalls meeting the standards in s. 30.12 (3m) , Stats., may be authorized under an individual permit, except that seawalls at low energy sites may only be permitted in the following locations:

(a) Municipal or commercial marinas where vertical docking facilities are a practical alternative after considering the public interest.

(b) Navigational channels actively used as thoroughfares or for access, where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, showing evidence of erosion, where alternative methods of erosion control would impede navigation.

(c) Locations where slopes are greater (steeper) than 1.5 feet vertical to one foot horizontal, and where the applicant demonstrates that alternative measures are not practicable taking into consideration bank height and the location of other permanent structures on the property.

(5)   Analysis of individual permits. The department shall consider factual data from applicants regarding all of the following factors in evaluating individual permit applications:

(a) Whether shore protection measures allowed without permits or with a general permit would provide adequate erosion control.

(b) The cumulative and individual impact on public rights and interests including fish and wildlife habitat, physical, chemical and biological effects on the adjacent waterway and natural scenic beauty including: interference with navigation and its incidents, i.e, swimming, boating, fishing and hunting; impacts on natural scenic beauty; and impacts on special concern, threatened or endangered species.

(c) Impacts on littoral zone and nearshore habitat including: reduced density of woody cover in shallow water; reduced density, coverage and diversity of nearshore vegetation, such as terrestrial, emergent, floating-leafed and submerged zones; designated sensitive areas, spawning or nursery habitat.; change in nearshore substrate that reduces its suitability for habitat.

(d) The erosion exposure of the project site based on site-specific conditions, including ice and the presence of natural ice ridges.

(e) The effect of the project on the adjoining upland and its ability to prevent erosion and sedimentation into the waterway.

(f) Whether project designs or specific conditions can avoid or reduce impacts of the structure. Designs shall have high likelihood of success, and duration equal to the life-span of the structure.

(6)   Existing permits. A shore protection structure which is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit. Any modifications to the structure that do not comply with the original permit conditions shall require a new individual permit and shall comply with all standards in this section.

CR 02-099 : cr. Register April 2005 No. 592 , eff. 5-1-05.

Note

The Department's analysis of individual permits is not constrained to the general permit standards identified in s. NR 328.05 . Microsoft Windows NT 6.1.7601 Service Pack 1 Less developed areas of the lake or less developed lakes in general will experience greater impacts on natural scenic beauty from the structure and its activity than other more developed areas or lakes. Microsoft Windows NT 6.1.7601 Service Pack 1 Survey information indicates that special concern, threatened, or endangered species or their habitats are found near the site. Microsoft Windows NT 6.1.7601 Service Pack 1 The structure and its associated activity located in or near spawning/nursery habitats or designated sensitive areas. Microsoft Windows NT 6.1.7601 Service Pack 1