Section 347.04. Permits, approvals and reviews required.

 

(1)  The following are the permit, approval and review requirements for dredging projects:

(a) Except where otherwise provided by law, all private and municipal dredging projects require a permit or contract under s. 30.20 , Stats., and ch. NR 346 . Dredging in portions of the Mississippi, St. Croix and Black rivers by the U.S. army corps of engineers is governed by s. 30.202 , Stats.

(b) All dredging projects require review under ch. 289 , Stats. , and chs. NR 500 to 520 for disposal of dredged material under the solid waste management program.

(c) All dredging projects shall be reviewed under ss. 1.11 and 23.11 (5) , Stats., and ch. NR 150 for compliance with the Wisconsin environmental policy act.

(d) All federally funded, permitted or sponsored dredging projects require water quality certification under ss. 281.11 to 281.36 (12) and 283.001 , Stats., and ch. NR 299 .

(e) A Wisconsin pollutant discharge elimination system (WPDES) permit under ch. 283 , Stats. , is required for dredging projects with carriage water return flows to surface water or groundwater.

(f) Plan approval under s. 281.41 , Stats., is required for dredging projects which include a dredged material treatment facility.

(g) Sites and facilities for the disposal of hazardous waste and PCBs require review under subch. IV of ch. 291 , Stats., and s. 299.45 , Stats., and chs. NR 500 to 520 and 660 to 670 .

(2)  The project application process shall be coordinated by the department. Except as otherwise provided by law, decisions on all applicable department approvals, permits, contracts and licenses relating to a dredging project shall be made concurrently and with the decision on:

(a) Water quality certification under ch. NR 299 for all federally funded, permitted or sponsored projects, or

(b) Permit or contract under s. 30.20 , Stats., and ch. NR 346 for all other projects.

Cr. Register, February, 1989, No. 398 , eff. 3-1-89 ; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478 ; corrections in (1) (b), (d), (e), (f), and (g) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553 ; corrections in (1) (d), (g) made under s. 13.93 (2m) (b) 7., Stats., Register May 2013 No. 689 .