Wis. Admin. Code NR § 327.06

Current through May 28, 2024

Section NR 327.06 - Standards

The following standards apply to operation of fleeting areas:

(1) No entity or person may engage in barge fleeting without meeting the requirements of s. NR 327.04(2) (a) on the navigable waterway at the site of the fleeting area.

(2) Operators shall utilize navigation aids and markers which meet the requirements in s. NR 5.09.

(3) Upstream and downstream ends of the fleet shall be lighted at the inbound corner, the outbound corner, and each barge width between, in addition to all external corners of the fleet, with U.S. coast guard approved white lights visible 360µ for a distance of one mile.

Note: The lighting standards must be approved by the U.S. coast guard prior to being in effect in Wisconsin. The standards have been submitted to the coast guard for their approval. Until such time as that approval is obtained, U.S. coast guard standards set forth in Annex V, Pilot Rules, 33 CFR Part 88.13(b) (2) remain in effect in Wisconsin. After approval of the above standards is obtained, this note will be deleted.

(4) Barge fleeting areas may not be established or operated in a manner which materially obstructs navigation or reduces the effective flood flow capacity of a stream.

(5) Barge fleeting may not be conducted in a manner which is detrimental to public rights in the waterway or to the public interest. Specific public rights or components of the public interest may include but are not limited to: commercial and recreational navigation, economic development, hunting, sport or commercial fishing, swimming, and the enjoyment of natural scenic beauty.

Note: While the department may limit the number of barges to be permitted in a specific barge fleeting area because of environmental and navigational concerns associated with such specific barge fleeting area, the department may not, except as stated previously in this note, under existing legal authority, determine the need for fleeting capacity or otherwise limit the number of barges in a barge fleeting area nor the total number of barge fleeting areas.

(6) Barge fleeting areas shall be used by the operator only for barge fleeting.

(7) Designated fleeting areas may be used for incidents of navigation only to the extent that such use does not interfere with fleeting activities. Other waterway users may not obstruct barge fleeting activities within designated fleeting areas.

(8) The right of entry of barges into a fleeting area may be refused under the following circumstances:

(a) By the operator;

(b) As a condition of the permit;

(c) An order issued pursuant to s. 30.03, Stats.; or

(d) By the department, after conferring with the operator, when there is an imminent hazard to the public interest, or to public health, safety or welfare.

(9) Barges may not be moored to trees or other natural features of an area except with the approval of the riparian property owner or during an emergency except that such mooring may be prohibited by the department as a permit condition or by order to prevent unsafe conditions or bank erosion.

(10) Fleeting activities may not have a material adverse effect on threatened or endangered species, their habitat, or other fish and wildlife habitat.

(11) Barge fleeting activities may not have a material adverse effect on commercial clamming or fishing areas.

(12) Operators may not fleet more than the maximum number of barges approved in the permit.

(13) Fleeting areas shall be established and operated in a manner consistent with applicable local zoning ordinances.

(14) A barge fleeting permit issued hereunder may not be exercised until all other necessary permits or approvals have been issued by local, state or federal agencies having jurisdiction over the proposed project.

(15) Operators shall notify the department of plans to discontinue use of the fleeting area for any period in excess of one navigation season.

(16) Upon the expiration of a barge fleeting permit all structures and devices shall be removed by the operator unless the department determines some structures and devices must remain in place to correct existing problems or to prevent future problems that could cause environmental damage.

(17) Operators shall respond to spills of hazardous substances as required by ch. NR 158.

Note: Chapter NR 158 has been repealed.

(18) Washing or cleaning of barges which results in a discharge to a waterway may not occur in fleeting areas unless authorized by and conducted in conformance with ch. 283, Stats., where applicable.

(19) Barge fleeting permits may not be transferred without written notice to the department.

(20) Operators shall at all times operate the fleeting area in a safe manner.

(21) Operators shall notify the department of the name, current address, and day and night telephone numbers of the person directly responsible for supervising the fleeting area who is to be notified in case of emergency.

(22) Barge fleeting shall be conducted in a manner which minimizes bank erosion attributable to the fleeting operation.

Wis. Admin. Code Department of Natural Resources § NR 327.06

Cr. Register, November, 1982, No. 323, eff. 12-1-82.; correction in (18) made under s. 13.93(2m) (b) 7, Stats., Register January 2002 No. 553.