Section NR 300.05 - Wetland exemptions(1) ELIGIBILITY. No property owner or person on behalf of a property owner may discharge dredged material or fill material into a wetland unless all of the following requirements are met: (a) The proposed activity complies with all applicable eligibility standards specified in s. 281.36(4), (4m), (4n), or (4r), Stats.(b) All applicable mitigation requirements will be satisfied prior to the discharge.(c) Eligible discharges pursuant to s. 281.36(4), Stats., shall also ensure that all of the following requirements are met: 1. The discharge will not flood the property of adjacent property owners unless there is a signed flood easement with that adjacent owner.2. The discharge will not impede the flow or circulation of water in the remaining wetland or in surrounding wetlands.3. Secondary impacts of the discharge will not reduce the reach of the remaining wetland or the reach of the surrounding wetlands.4. The proposed activity will not convert the wetland into a use to which it was not previously subject, where the flow or circulation of water may be impaired or the reach of such waters reduced. Note: A change in use may include a discharge of fill into a wetland that results in a conversion of the wetland to another wetland type.
(2) RESPONSIBILITY. The project proponent shall ensure that the requirements specified in sub. (1) as well as all applicable statutory requirements for the specific exemption will be met. Note: Federal or local permits or approvals may be required. A requester is responsible for obtaining all necessary federal or local permits or approvals for their activity.
(3) VOLUNTARY EXEMPTION REVIEWS. The project proponent may undertake an exempt activity authorized under s. 281.36(4), (4m), or (4r), Stats., if the standards specified in sub. (1) are met. 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 if the exemption request includes all of the information in sub. (6). The request must be submitted not less than 15 working days before commencing the activity if the stakeholder would like to benefit from this service. The request shall be submitted using standard procedures established by the department. (4) MANDATORY EXEMPTION REVIEWS. A project proponent shall notify the department no fewer than 15 working days prior to initiating a project that may affect a wetland or landscape feature under s. 281.36(4n), Stats. The notification shall contain all information specified in sub. (6) and shall be submitted through the department electronic permitting system or through other department-approved systems.(5) FEDERAL LAW. When considering whether a project is eligible for an exemption under s. 281.36(4), (4n), or (4r), Stats., the department shall make determinations consistent with existing and additional federal law and interpretation as defined in s. 281.36(1) (a) and (b), Stats.(6) SUBMITTAL REQUIREMENTS. The exemption request must include all of the following: (b) A statement issued by a professional who has investigated the wetland and who is qualified to give such an opinion that the proposed activity is eligible for the exemption.(c) All definitive evidence requested by the department on a request form or accompanying instruction to justify and document that the applicable eligibility standards specified in s. 281.36(4), (4m), (4n), and (4r), Stats., or other applicable administrative rules are satisfied.(d) If the exemption request is not submitted by the landowner, a statement of consent by the landowner to allow the department to inspect the site if necessary.(e) Other technical information specified by the department to ensure that all statutory requirements of the exemption are satisfied.(7) TIMELINE. The department shall make a decision within 15 working days after receiving the exemption request. If the department does not take action within 15 working days, the project proponent may proceed with the activity if the activity complies with the specific eligibility standards for the exemption and s. 281.36(5), Stats., unless the department determines that the information provided in sub. (6) is inaccurate or insufficient to make an exemption determination in which case the department may request additional information, subject to all of the following: (a) The department may notify the person one time to request additional information.(b) The review timeline will be on hold until the request for additional information is satisfied. The review timeline will resume once the request for additional information is satisfied.(c) The department may perform a site visit if it is necessary to gather additional information to make a determination. The department shall perform the site visit within 15 working days after receiving the exemption request unless inclement weather prevents the site visit from occurring. In this instance the review timeline will be on hold until the site visit can be completed.(d) The department shall provide the project proponent with written notification of the decision. Written notification may be provided electronically.(e) If the project proponent fails to provide the additional information to the department within 30 days of the request for more information, or an alternative reasonable period of time agreed to by the department and requester, the department may dismiss the request.(8) PERMITS IN LIEU OF EXEMPTIONS. The department shall deny an exemption request if it determines that an eligibility standard prescribed in statute is not met or if the department finds that a permit is necessary for the project in order to meet statutory standards. 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.(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 requester. This notice may be provided electronically.Wis. Admin. Code Department of Natural Resources NR 300.05
Cr. Register, October, 1998, No. 514, eff. 11-1-98; CR 02-015: am. (3) (intro.) and (4) to (6) Register January 2003 No. 565, eff. 2-1-03; emerg. cr. (3) (e), eff. 4-19-04; CR 04-065: am. (1), cr. (3) (e) Register April 2005 No. 592, eff. 5-1-05; CR 13-022: r. (4) Register March 2014 No. 699, eff. 4-1-14; Adopted by, CR 22-013: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (1) (c) 3., (3), (6) (c) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 7/1/2023