Section NR 300.04 - Waterway exemptions(1) APPLICABILITY. This section applies to all of the waterway exemptions specified in subch. II of ch. 30, Stats.(2) ELIGIBILITY. A person may only undertake a waterway activity that is exempt from permitting under ch. 30, Stats., if the proposed activity complies with all applicable ch. 30, Stats., statutory requirements and administrative code provisions promulgated thereunder. A permit is appropriate in lieu of an exemption specified in ss. 30.12(1g), 30.123(6) (d) and (f), and 30.20, Stats., to prevent any of the following: (a) Significant adverse impacts to the public rights and interests.(b) Environmental pollution, as defined in s. 299.01(4), Stats.(c) Material injury to the riparian rights of any riparian owner.(d) Impacts to a waterbody that has a classification or designated use that precludes the activity from being exempt pursuant to ch. 30, Stats.(e) Other exemption requirements specified in ch. 30, Stats., and applicable administrative codes are not satisfied. Note: Examples of waterbodies that may not be eligible to be exempt include areas of special natural resource interest and public right features. See ss. NR 1.05 and 1.06 for more information.
Note: Exemption requirements are specified in the ch. NR 300 Administrative Code series.
(3) RESPONSIBILITY. A person is responsible for ensuring that the requirements specified in sub. (2) as well as all applicable statutory requirements for the specific exemption will be met. Note: Federal or local permits or approvals may be required. The requester is responsible for obtaining all necessary federal or local permits or approvals for their activity.
Note: The department may develop guidance, checklists, or other materials to help stakeholders make an eligibility determination.
(4) VOLUNTARY REVIEW REQUEST. A person may submit an exemption determination request to the department if a stakeholder would like to ensure that the proposed activity and site are eligible for an exemption. The exemption request shall include all of the following: (a) A statement that describes the proposed activity.(c) The construction timing and methods that will be used.(d) The project scope and design.(e) A demonstration that the proposed activity will not cause a material injury to the riparian rights of any riparian owners.(f) If the exemption request is from the project proponent, a statement of consent to allow the department to inspect the site.(g) Other technical information necessary to ensure that the project complies with applicable statutory requirements. Additional information may be necessary for waterway exemption projects specified in ss. 30.12, 30.123, and 30.20, Stats., to ensure that the project does not have a significant adverse impact to the public's rights and interests, cause environmental pollution as defined in s. 299.01(4), Stats., or cause material injury to the riparian rights of any riparian owner.(5) REVIEW DEADLINE. The exemption request in sub. (4) must be submitted through standard submittal procedures specified by the department and not less than 15 working days before commencing the activity in order to receive department review prior to initiating this activity. Except as provided in sub. (6), if the department does not take action within 15 days, the project proponent may proceed with the activity so long as the activity complies with the specific eligibility standards for the exemption.(6) DECISION TIMELINE.(a) The department shall make a decision within 15 days after receiving the exemption determination request unless the department determines that the information provided in sub. (4) is inaccurate or insufficient to determine that the project is exempt, in which case the department may request additional information, subject to all of the following:1. The department may not request additional information more than once unless additional information requests are agreed to by the requester and department.2. The department will notify the requester in writing that the department cannot determine that the activity is exempt unless the additional information is satisfied and inform the requester of applicable individual or general permits that would be required for the activity. Written notification may be provided electronically by the department.(b) Within 30 days of the request for additional information, the department shall provide the project proponent with written notification of the decision. Written notification may be provided electronically by the department.(c) If the project proponent fails to provide the additional information to the department within 30 days of the request for additional information, or an alternative reasonable period of time agreed to by the department and requester, the department may notify the requestor in writing that the department's original exemption determination stands.(7) PERMITS IN LIEU OF EXEMPTIONS. The department shall deny an exemption request if it determines that an eligibility standard prescribed in the statutes or the administrative code is not met or if the department finds that a permit is necessary for the project in order to meet statutory standards under s. 30.12(2r), 30.123(6m) or 30.20(1m), Stats. The department shall include in its notice of decision which general or individual permit would be most appropriate for the project. The department may rely on information and data gathered by the department in a prior inspection of the activity site or waterbody adjacent to the activity site to make this determination.(8) PUBLIC RIGHTS FEATURES. If a project is initially determined to be ineligible for an exemption because it is located in a public rights feature as described in s. NR 1.06, a person or the department may provide information to re-evaluate this designation. If sufficient site-specific information can be provided that demonstrates that this designation is no longer appropriate, the department shall update the designation and the project proponent may undertake the exempt activity so long as all other eligibility standards are met. The standards and process specified in s. NR 1.06 (6) shall be used when making these determinations.(9) DECISION NOTICE. If the person who submits the exemption request is not the landowner, the department shall provide written notice of the decision to the landowner in addition to the person requesting the exemption. This notice may be provided electronically.(10) FEDERAL LAW. When considering whether a project is eligible for an exemption under ch. 30, Stats., the department shall consider applicable federal law and interpretation when making exemption decisions.Wis. Admin. Code Department of Natural Resources NR 300.04
Cr., Register, October, 1998, No. 514, eff. 11-1-98; am. (4), Register, August, 2000, No. 536, eff. 9-1-00; CR 02-015: am. Register January 2003 No. 565, eff. 2-1-03; emerg. am. (2), (3) and (4) (a) and (b), cr. (4) (d) to (g), eff. 4-19-04; CR 04-065: am. (1) to (3), (4) (a) and (b), cr. (4) (d) to (g) Register April 2005 No. 592, eff. 5-1-05; correction in (2), (3), (4) (b) made under s. 13.92(4) (b) 7, Stats., Register May 2013 No. 689; Adopted by, CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (2) (intro.), (4) (intro.), (g), (6) (c), (7) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023