Section NR 328.01 - Purpose(1) The purpose of this subchapter is to establish reasonable procedures and limitations for exempt activities, general permits and individual permits for placement of shore erosion control structures in inland lakes and impoundments as regulated under s. 30.12, Stats., in order to protect the public rights and interest in the navigable, public waters of the state as defined in s. 30.10, Stats.(2) The standards for exemptions, general permits and individual permits in this chapter balance the reasonable right of riparians to control shore erosion under Wisconsin law with the public rights and interests in navigable waters. (Doemel v. Jantz, 180 Wis. 225, 193 N.W., 393 (1923)). The public interest in navigable waters includes navigation, recreation, fish and wildlife habitat, water quality and natural scenic beauty.(3) Natural shoreline features provide natural erosion control in various ways. Nearshore lakebeds and beach slopes change and shoals form, erosion uncovers or sorts out sand, gravel, cobbles, boulders and bedrock from beneath glacial till and other fine soils. These more energy resistant materials are formed into wave-breaking, energy-absorbing barriers that eliminate, or slow, further erosion. Natural vegetation provides erosion control in several ways. Plants form a network of roots that hold soil particles together and stabilize the bank. Exposed stalks, stems, branches, foliage and fallen trees dampen waves, reduce local flow velocities, and dissipate energy against the plant rather than eroding the soil. Vegetation also acts as a buffer to trap suspended sediment and induce its deposition.(4) Shoreline erosion control structures allowed under this rule are setting-dependent and based on erosive energy at a site. Erosive energy is a reflection of habitat features at a site. Low-energy settings are found to contain fine-size nearshore sediments, stable natural vegetation, and absent or natural levels of erosion. In low-energy and some moderate energy sites vegetation can effectively meet erosion control needs without infringement on the public interest. Shore protection from vegetation alone may be inadequate in some low- to moderate-energy settings and many high-energy settings; therefore, methods that rely on technical structures or a combination of vegetation with technical structures, i.e., large substrates, may be necessary. Riprap, vegetated riprap and integrated toe protection are preferred structural shore protection methods in high-energy settings with erosion problems.(5) Standards for exemptions are intended to provide clear and consistent requirements so that individuals can determine whether they qualify, and easily design projects to meet the requirements. To achieve this, exemption standards establish reasonable installation practices to minimize environmental impacts, establish reasonable construction and design requirements consistent with the purpose of the activity, and establish reasonable limitations on location.(6) Standards for general permits are intended to ensure that cumulative adverse environmental impact of authorized activities is insignificant and that issuance of the general permit will not injure public rights or interests, cause environmental pollution as defined in s. 299.01(4), Stats., or result in material injury to the rights of any riparian owner. To achieve this, general permit standards establish: construction and design requirements consistent with the purpose of the activity; location requirements that ensure that the activity will not have an adverse impact on fish and wildlife habitat, water quality and natural scenic beauty, or materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.(7) Standards and factors for individual permits are intended to provide direction for detailed evaluation of permit applications, and to balance case-by-case review with consistent decision-making. Individual permits may only be granted where the department determines that the structure will not materially obstruct navigation, will not be detrimental to the public interest, and will not materially reduce the flood flow capacity of a stream.Wis. Admin. Code Department of Natural Resources § NR 328.01
CR 02-099: cr. Register April 2005 No. 592, eff. 5-1-05.