Section NR 328.36 - Individual permits(1) PROCEDURES. (a) Individual permits shall be processed according to the procedures in ch. NR 300.(b) If the department determines that a proposal submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604, Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue an individual permit until the applicant submits documentation to demonstrate one of the following: 1. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.2. The project has received an incidental take authorization under s. 29.604, Stats.(c) If the applicant modifies the project plans to meet the requirements of par. (b), the modified plans shall be submitted before the department may consider the application complete or issue an individual permit.(2) ANALYSIS OF INDIVIDUAL PERMITS. The department shall consider factual data from applicants regarding all of the following factors in evaluating individual permit applications: Note: The department's analysis of individual permits is not constrained to the general permit standards identified in s. NR 328.35.
(a) The cumulative and individual impact on public rights and interests including fish and wildlife habitat, physical, chemical and biological effects on the adjacent waterway and natural scenic beauty including: interference with navigation and its incidents, such as swimming, boating, fishing and hunting; impacts on natural scenic beauty; and impacts on special concern, threatened or endangered species. Note: Less developed reaches of rivers and streams will experience greater impacts on natural scenic beauty from the structure and its activity than other more developed reaches.
(b) Impacts on bank and in-stream habitat including: reduced density of woody cover in shallow water; reduced density, coverage and diversity of nearshore vegetation, such as terrestrial, emergent, floating-leafed and submerged zones; designated sensitive areas, spawning or nursery habitat; change in substrate that reduces its suitability for habitat.(c) The bank erosion potential of the site as determined by the methods in s. NR 328.38 (2).(d) The erosion potential of the site based on site-specific conditions, including ice.(e) The effect of the project on the adjoining upland, its ability to prevent erosion and sedimentation into the waterway, and the relative contribution of bank erosion to any excess nutrient and sediment load to the stream. Note: Assessments of bank erosion contribution to excess sediment load should consider whether the land is adjacent to a surface water identified as impaired by the department and listed pursuant to 33 USC 1313 and 40 CFR 130.7, if the impairment relates to excessive delivery of nutrients or sediments. Assessments may also consider whether the project is located within a watershed draining to surface water identified as impaired by the department, and if the impairment relates to excessive delivery of nutrients or sediments.
Note: Assessments of bank erosion contribution to excess sediment load should consider whether the land is adjacent to surface water identified as outstanding or exceptional resource water under s. 281.15, Stats. Assessments may also consider whether the project is located in watersheds draining to outstanding or exceptional resource waters designated under s. 281.15, Stats.
(f) Whether project designs or specific conditions can avoid or reduce impacts of the structure. Designs shall have high likelihood of success, and duration equal to the life-span of upland structures to be protected, if any.(g) Whether streambank protection measures allowed without permits or with a general permit would provide adequate erosion control. Note: Assessments landward of the erosion control site typically include: land use and management, waterway access and use, vegetation management, runoff and stormwater management.
(h) The degree to which the erosion control project rehabilitates or protects native plant community classes endemic to the site.Wis. Admin. Code Department of Natural Resources NR 328.36
CR 06-126: cr. Register July 2007 No. 619, eff. 8-1-07.Amended by, CR 22-013: am. (1) (a) Register June 2023 No. 810, eff. 7/1/2023The following habitat classification guides can be used as benchmarks in this assessment:
Kotar, J. and T.L. Burger (1996) A guide to forest communities and habitat types of central and southern Wisconsin. Department of Forest Ecology and Management, University of Wisconsin - Madison, Madison, Wisconsin.
Kotar, J., J. A. Kovach and T.L. Burger (2002) A guide to forest communities and habitat types of northern Wisconsin., 2nd Edition. Department of Forest Ecology and Management, University of Wisconsin - Madison, Madison, Wisconsin.