Section 207.04. Definitions.

 

(1)  "Active stream erosion zone" means that portion of the roadway embankment at bridge abutments or ends of culverts and arches which, in conjunction with the structure, gives shape to the waterway opening and is directly exposed to flowing water during a regional flood or lesser flows. (See Figures 1, 2 & 3). Boundaries of this zone are as follows:

(a) Lateral or side boundaries lie on each side of the stream running roughly parallel to it. For bridges these boundaries are located 10 feet behind (away from the stream) each abutment face. For culverts and arches they are located 10 feet behind the inside face of the walls nearest the stream bank.

(b) The upper boundary is 2 feet above the surface of the water occurring at the time of the regional flood, upstream and downstream.

(c) The upstream boundary or limit is defined to be located at the farthest upstream disturbance to the stream-bed by construction activities.

(d) The downstream boundary or limit is defined to be located at the farthest downstream disturbance to the stream-bed or the point that stream current velocities have stabilized to the natural current conditions of the stream, whichever is further downstream.

(2)  "Clearance" means the distance between the inside top of the culvert or the bottom of the lowest member of the bridge span and the elevation of the ordinary high watermark of the waterway.

(3)  "Conceptual plan" means preliminary drawings, maps, and sufficient amplifying material to illustrate the intended action.

(4)  "Constructing authorities" means the responsible governing bodies of counties, towns, villages, and cities as they may act or appropriately delegate.

(5)  "Department" means the Wisconsin department of transportation.

(6)  "Erosion bale" means a bale of straw, hay or other suitable material designed to form checks or dikes to control erosion.

(7)  "Floodplain" as defined by ch. NR 116 and this chapter means the land which has been or may be hereafter covered by flood water during the regional flood.

(8)  "Highway bridge", for the purposes of this rule, means any city, town, village, or county-owned bridge, arch, or culvert built in or over a navigable stream for public highway purposes.

(9)  "Highway water crossing" means that combination of highway bridge and roadway necessary to provide a public highway across, over, or in navigable streams.

(10)  "Minor replacement" means the simple replacement of an existing structure with an equivalent or larger sized manufactured structure in approximately the same location. To be classified in this category a highway-water crossing must meet all of the following conditions:

(a) The cross-sectional area of the existing structure must be no greater than 50 square feet.

(b) The gradeline of any existing overflow sections, as defined in s. Trans 207.04 (12) , passing a portion of the regional flood will not be raised.

(c) The existing highway water-crossing must have a history of adequately passing flood water and be free of significant controversy concerning public rights in navigable waters.

(d) Below the regional flood level the proposed road grade and structure must have water passing characteristics at least as effective as the existing road grade and structure.

(e) The proposed structure must be manufactured away from the site, but can be assembled at the site. Constructing authorities can construct concrete structures poured at the site, but these cannot be classified as "minor replacement".

(11)  "Ordinary high watermark" means the point on the banks or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion or destruction of terrestrial vegetation, or other easily recognizable characteristics.

(12)  "Overflow section" in a highway-water crossing means a segment of the highway gradeline which will be low enough to allow a portion of the streamflow to pass over the top of the roadway as a relief to the structure during periods of high water.

(13)  "Public highway" means any highway, road, street or alley which is open for public use and is maintained and administered by any county, town, village or city.

(14)  "Regional flood" means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. This definition is intended to parallel the definition of "regional flood" found in s. NR 116.03 (24) as of August 1, 1980.

(15)  "Riprap" means a quantity of durable stones or concrete pieces of varying size and shape, placed as a protective layer over soil in such a manner that the smaller pieces fill the spaces between the larger pieces. Concrete pieces are less desirable than stones for this use and those with exposed reinforcing rods shall not be used.

(a) Regular riprap stone pieces for regular riprap, except those used for chinking, shall range in weight from approximately 25 to 150 pounds, with not less than approximately 50% of the pieces weighing more than 60 pounds. Regular riprap shall be at least 12 inches in thickness, measured perpendicular to the slope.

(b) Heavy riprap stone pieces shall range in weight up to 400 pounds or more. Not less than approximately 50% of the total volume shall consist of pieces weighing 150 pounds or more, and not less than approximately 80% of the total volume shall consist of pieces weighing 40 pounds or more. Heavy riprap may be placed by any mechanical means which will produce a reasonably uniform surface texture. Heavy riprap shall be not less than 24 inches in thickness.

(16)  "Waterway" means any stream which is navigable pursuant to s. 30.10 , Stats.

History: Cr. Register, June, 1981, No. 306 , eff. 7-1-81.

Note

"Ordinary high watermark" originated in a 1914 Wisconsin supreme court case (Diana Shooting Club v. Husting) and has been a principal consideration in state regulation of navigable waterways since that time. It is the landward limit of the bed of a navigable body of water. This standard relies directly on the ordinary high watermark concept. Microsoft Windows NT 6.1.7601 Service Pack 1