Wis. Admin. Code NR § 300.03

Current through May 28, 2024
Section NR 300.03 - Definitions

In this chapter:

(1) "Business day" or "working day" means each day except Saturday, Sunday and "Legal Holidays" as provided in s. 995.20, Stats.
(2) "Department" means the department of natural resources.
(3) "Environmental damage" means the harming of any wildlife or wildlife habitat including fish, bird, animal, or plant life, or degradation of the air, land, and waters within the state.

Note: The definition of environmental damage is necessarily general as it must be subjectively applied in conformance with applicable statutes.

(4) "Environmental pollution" has the meaning specified in s. 299.01(4), Stats.
(5) "Field investigation" means a physical inspection of the location of a proposed action requiring a permit or approval under ch. 30 or 31, Stats., or s. 23.321 or 281.36, Stats., and surrounding areas that may be directly or indirectly affected by the proposed action, carried out by an employee or agent of the department for the purpose of determining whether the proposed action meets applicable requirements of law.
(6) "General permit" means a permit issued by the department to allow a category of regulated activities regulated under ss. 30.206, 30.12(3), 30.123(7), 30.19(3r) 30.20 (1t), or 281.36 (3g), Stats.
(7)
(a) "Individual permit" means a permit issued by the department for a single project under specific applicable provisions of s. 281.36(3m), Stats., or ch. 30, Stats., excluding s. 30.206, Stats.
(b) "Individual permit" includes a contract issued under s. 30.20, Stats.
(8) "Navigable waterway" has the same meaning specified in s. 30.01(4m), Stats.

Note: 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).

(10) "Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, or federal agency.
(11) "Secondary impacts" means impacts to wetlands that are causally linked to the proposed project.

Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use due to habitat fragmentation or habitat conversion, erosion (sedimentation/siltation) due to inadequate or missing site stabilization, or the introduction or increase of invasive or non-native plant species to a wetland.

(12) "Waters of the state" has the meaning specified in s. 281.01(18), Stats.

Wis. Admin. Code Department of Natural Resources § NR 300.03

Cr. Register, October, 1998, No. 514, eff. 11-1-98; CR 02-015: renum. (2) to be (10) and am., am. (9) Register January 2003 No. 565, eff. 2-1-03; corrections in (8), (9) made under s. 13.92(4) (b) 7, Stats., Register May 2013 No. 689; CR 13-022: r. (5) Register March 2014 No. 699, eff. 4-1-14; corrections in (6), (7) made under s. 13.92(4) (b) 7, Stats., Register March 2014 No. 699; Adopted by, CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (7) (a) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023