Section NR 343.02 - Applicability(1) POND OR ARTIFICIAL WATER BODY SITES. This chapter applies to activities regulated under s. 30.19(1g) (a) and (am), Stats. An application to construct, dredge or enlarge any part of a pond or artificial water body shall be filed with the department pursuant to ch. NR 310 by any person for any artificial water body that either:(a) Connects with a navigable waterway.(b) Is located within 500 feet of the ordinary high water mark of an existing navigable waterway. Note: This includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.
(2) COMPLIANCE. Any person responsible for the site regulated by this chapter shall comply with all applicable provisions of this chapter and the appropriate permit issued pursuant to this chapter.(3) EXEMPTIONS. This chapter does not apply to any of the following:(a) The construction or repair of any public highway where public highway has the meaning given for highway in s. 340.01(22), Stats.(b) Any agricultural use of land.(c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.(d) Any activity that affects a portion of Lake Michigan, Lake Superior or a navigable stream that is located within a county having a population of 750,000 or more.(e) Any work required to maintain the original dimensions of an enlargement of an artificial water body done pursuant to a permit or legislative authorization under s. 30.19(1g) (a) or (am), Stats., provided appropriate erosion control practices are implemented and maintained and dredge spoils are disposed of in an appropriate manner and location.(f) An infiltration device designed to meet the performance standards of s. NR 151.12(5) (c) or to meet an equivalent local ordinance that requires volume reduction and is not located in a wetland or existing navigable waterway. Note: The landowner of a site exempt under par. (c) or (d) is still required to submit a notice of intent under subch. III of ch. NR 216 for land disturbing construction activity of one or more acres.
(g) A sediment trap draining a maximum of 5 acres and designed to meet the performance standards of s. NR 151.11(6) or to meet an equivalent local ordinance and is not located in a wetland or existing navigable waterway.(h) A temporary sediment basin or stormwater management pond designed to meet the performance standards of s. NR 151.11(6) or to meet an equivalent local ordinance where the crest of the berm of the basin is more than 35 feet from the ordinary high water mark and no portion of the basin is within 100 feet of the location of any public rights feature as described in s. NR 1.06.Wis. Admin. Code Department of Natural Resources § NR 343.02
CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.Nonmetallic mining projects shall be processed under ch. NR 340 and shall meet all the standards in ch. NR 340 not ch. NR 343.