Wis. Admin. Code NR § 343.03

Current through May 28, 2024

Section NR 343.03 - Definitions

For the purposes of this chapter, the following definitions are applicable:

(1) "Agricultural use of land" means planting, growing, cultivating and harvesting of crops for human or livestock consumption, pasturing or yarding of livestock, sod farms and beekeeping.

Note: This definition is equivalent to the definition in s. 30.40(1), Stats., and differs from the definition in ss. NR 151.002(2) and 216.42(2) only in that beekeeping is included and tree nurseries are not included.

(2) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

(3) "Connects with a navigable waterway" means any artificial waterbody that is attached by means of enlargement or by a natural or artificial channel or drainage course, or an open or closed conduit, any of which tend to confine and direct flow into the existing navigable waterway.

(4) "Department" means the department of natural resources.

(5) "Grading" means the physical disturbance of the bank by the addition, removal or redistribution of soil.

(6) "Land disturbing construction activity" means any man-made alteration of the land surface resulting in a disturbance to soil or existing vegetative or non-vegetative soil cover that may result in stormwater runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

(7) "Navigable waterway" means any body of water with a defined bed and bank, which is navigable under the laws of the state. In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis.

Note: This incorporates the definition at s. 30.01(4m), Stats., and current case law, which requires a watercourse to have a bed and banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable waterway to float on a regularly recurring basis the lightest boat or skiff, DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).

(8) "Ordinary high water mark" means the point on the bank or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognizable characteristic.

(9) "Storm event" means any amount of precipitation equal to or greater than 0.01 inches with a minimum time between storms of 6 hours.

(10) "Stormwater" means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

(11) "Stormwater management pond" means any temporary or permanent artificial water body designed to specifications generally accepted to reduce the water quantity or water quality impacts of stormwater and to hold water for any period of time. This does not include facilities to which this chapter is not applicable as listed in s. NR 343.02(3) (f), (g) and (h).

Wis. Admin. Code Department of Natural Resources § NR 343.03

CR 04-086: cr. Register April 2005 No. 592, eff. 5-1-05.