Section 341.02. Applicability.

 

(1)   Grading sites . This chapter applies to activities regulated under s. 30.19 (1g) (c) , Stats. An application for a grading permit shall be filed with the department pursuant to ch. NR 310 by any person that intends to grade or remove soil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet on the surface of the bank as determined in s. NR 341.035 . This includes areas that are part of a larger common plan of development or sale where multiple separate and distinct grading activities may be taking place at different times on different schedules, but under one plan, such that the total area exposed by grading or removal will exceed 10,000 square feet on the bank.

(2)   NR 216 construction permits. Sites in compliance with a construction site stormwater discharge permit administered under subch. III of ch. NR 216 and also meeting the conditions of s. NR 341.08 shall be deemed to be in compliance with the provisions of this chapter.

(3)   Local administration of NR 216 . Sites in compliance with the terms of an authorized local program for the administration of construction site stormwater discharge permits under subch. III of ch. NR 216 , and consistent with the conditions of s. NR 341.08 as well as procedural requirements agreed to in writing between the department and the municipality shall be deemed to be in compliance with the provisions of this chapter.

(4)   Exemptions . This chapter does not apply to:

(a) The construction or repair of any public highway, where public highway has the meaning given for highway in s. 340.01 (22) , Stats.

(b) Any agricultural use of land.

(c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

(d) Any activity that affects a portion of Lake Michigan, Lake Superior or a navigable stream that is located within a county having a population of 750,000 or more.

History: CR 04-085 : cr. Register April 2005 No. 592 , eff. 5-1-05.

Note

Nonmetallic mining projects shall be processed under ch. NR 340 and shall meet all the standards in ch. NR 340 not ch. NR 341 . Microsoft Windows NT 6.1.7601 Service Pack 1 The landowner of a site exempt under pars. (c) and (d) is still required to submit a notice of intent under subch. III of ch. NR 216 for land disturbing construction activity of one or more acres. Microsoft Windows NT 6.1.7601 Service Pack 1