Section 341.03. Definitions.

  For the purposes of this chapter the following definitions apply:

(1)  "Agricultural use of land" means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping. This definition does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.

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

(3)  "Final stabilization" means that all land disturbing construction activities at the grading site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

(4)  "Grading" means the physical disturbance of the land surface by the addition, removal or redistribution of soil.

(5)  "Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in topography or existing vegetative or non-vegetative soil cover that may result in stormwater runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(6)  "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.

(7)  "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.

(8)  "Priority navigable waterway" has the meaning in s. 30.19 (1b) (c) , Stats., and as identified by the department in s. NR 1.07 .

(9)  "Stabilize" means the process of making a site steadfast or firm, minimizing soil movement by the use of practices such as mulching and seeding, sodding, landscaping, paving, graveling or other appropriate measures.

(10)  "Total project area" means the area of land disturbing construction activity both within and outside of the defined bank, if it is part of the same project.

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

Note

This definition is equivalent to the definition in s. 30.40 (1) , Stats., and differs from the definition in ss. NR 151.002 (2) and 216.42 (2) only in that beekeeping is included and tree nurseries are not included. 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 Section 30.19 (1b) (c) , Stats., provides that "priority navigable waterway" means any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream. Microsoft Windows NT 6.1.7601 Service Pack 1 3. A lake that is less than 50 acres in size. Microsoft Windows NT 6.1.7601 Service Pack 1 4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule. 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