Section NR 812.08 - Water well, reservoir and spring location(1) GENERAL. Any potable or nonpotable well, reservoir, or spring shall be located: (a) So the well and its surroundings can be kept in a sanitary condition.(b) So that the well, reservoir or spring is protected from surface water flow and flooding, and located at the highest point on the property consistent with the general layout and surroundings if reasonably possible.(c) As far away from any known or possible contaminant source as the general layout of the premises and the surroundings allow. Note: Section PSC 114.234(6) requires that a horizontal clearance of at least 3/4 of the vertical clearance of the conductors, including overhead power lines to the ground required by Rule 232 shall be maintained between open conductors and wells. Persons installing wells must comply with this requirement.
(d) Such that any potential contaminant source, not identified in this section or in Table A, is a minimum of 8 feet from the well, reservoir, or spring.(e) So that it is reasonably accessible with proper equipment for cleaning, treatment, repair, testing, inspection and any other maintenance that may be necessary.(f) In a manner to meet the additional location and construction specifications of s. NR 812.12(3) and (4).(g) Such that the location of a spring meets the requirements under s. NR 812.25. (1m) GENERAL PROHIBITIONS. No person may locate a well, reservoir, spring, or a contaminant source in a manner that fails to comply with any requirements established in this section.(2) RELATION TO BUILDINGS. In relation to buildings, all of the following apply to the location of any potable or nonpotable well: (a) No well may be located directly in line with a rainwater downspout outlet or other clear water discharge.(b) When a structure is built over a drilled well, the structure shall have an easily removable access hatch, or provide other practicable access to allow for pulling and servicing the pump. The well casing pipe shall extend at least 12 inches above the ground-grade or above the ground-grade floor of the building and shall be sealed watertight at the point where it extends through the floor.(c) No well may be located, nor a building constructed, such that the well casing pipe will terminate in a basement or extend through the basement of any building or terminate under the floor of a building having no basement. A well may not terminate in or extend through a crawl space.(d) The top of a well casing pipe may terminate in a walkout basement if all of the following conditions are met:1. It is possible to walk directly outside from the walkout basement without walking upstairs or upslope.2. The surface of the ground around the outside exit door of the walkout basement slopes down away from the door.3. The well and pump installation are accessible for repair and removal.4. The well produces water free from contaminant levels in excess of the standards specified in s. NR 812.06.5. The well casing pipe depth meets the requirements of ss. NR 812.13(2) and 812.14(2).6. The well and pump installation are in compliance with all other requirements of this chapter.7. The walkout basement is not subject to flooding.8. The walkout basement is not in a floodway or floodplain.(e) A well may not terminate in or extend through a crawl space having a below grade depression or excavation.(f) If a well must be located in a driveway, parking area, walkway, or other high traffic area due to lot size or to meet minimum required separation distances between the well and contaminant sources, the well may be contained within a driveway ramp structure without department approval providing the driveway ramp meets the specifications of s. NR 812.36. A driveway ramp may not be constructed or located in a floodway or floodplain.(g) A yard hydrant may not be installed within or on a well.(3) RELATION TO FLOODPLAINS. (a) A well may be constructed, reconstructed or replaced in a floodfringe provided that the top of the well is terminated at least 2 feet above the regional flood elevation for the well site. The regional flood elevation is determined by the city, village, or county floodplain zoning ordinance.(b) A well may be reconstructed or replaced in a floodway provided that the top of the well is terminated at least 2 feet above the regional flood elevation for the well site.(c) A new well may not be constructed in a floodway unless allowed by s. NR 116.12(1) (f) and city, village, or county ordinance.(4) RELATION TO CONTAMINATION SOURCES. A well driller or well constructor may not construct or reconstruct a well, install a reservoir, or develop a spring that is less than the minimum separation distance from a possible contaminant source as specified in Table A. The minimum separation distances of this subsection do not apply to dewatering wells approved under s. NR 812.09(4) (a). Greater separation distances may be required for wells requiring plan approval under s. NR 812.09. Separation distance requirements to possible contaminant sources may not be waived because of property lines. Separation distances shall be measured from the edge of the well, reservoir or spring, to the nearest edge of the contaminant source or as specified in Table A. - See PDF for table - See PDF for table 1) Separation distances to manure and manure containment structures are also defined in Natural Resource Conservation (NRCS) technical standards and chs. NR 151, 243 and 812. The separation distances in each may be different. When installing a well on a farm, especially an AFO (animal feeding operation) consult with the owner, the technical standards, and all applicable administrative code provisions to identify other well separation distances that may exist.2) The separation distance from a POWTS dispersal component does not apply if the component has been abandoned in accordance with s. SPS 383.33.3) See s. NR 812.12(4) for well construction requirements for wells to be constructed within 500 feet of a quarry.4) This category includes sand and salt mixtures if the salt content of the mixture is 5% or more.5) The separation distance requirements for pond shorelines do not apply to synthetically lined decorative yard ponds located on residential lots.(5) HEAT EXCHANGE DRILLHOLE SEPARATION DISTANCES. Minimum separation distances between any heat exchange drillhole, water supply wells, and existing sources of contamination; or between new sources of contamination and existing heat exchange drillholes shall be maintained as described in this subsection. Separation distance requirements to possible sources of contamination will not be waived because of property lines. Minimum separating distances are ten feet between a heat exchange drillhole and each of the following: (a) Non-municipal water supply well.(b) Onsite waste disposal system.(c) Buried fuel storage tank.Wis. Admin. Code Department of Natural Resources § NR 812.08
Cr. Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (b) 1., (2) (a) to (c), (4) (a) 5., 9., 12. and 13., (b) 1., 5., 7., 11. and 13., (c) 10. to 13., (d) 1. to 3., (f) 6. to 8., (g) 1. and Table A, cr. (1) (e), (4) (a) 14. and 15., (b) 14. and 15., (c) 14. and 15., (d) 4. to 9. and (ee), r. (4) (b) 8., Register, September, 1994, No. 465, eff. 10-1-94; corrections made under s. 13.93(2m) (b) 7, Stats., Register, September, 1994, No. 465; correction in (4) (d) 1. made under s. 13.93(2m) (b) 7, Stats., Register, September, 1996, No. 489; cr. (4) (f) 11., am. Table A, Register, December, 1998, No. 516, eff. 1-1-99; corrections made under s. 13.93(2m) (b) 7, Stats., Register, December, 1998, No. 516; CR 05-020: am. (4) (g) 1. Register January 2006 No. 601, eff. 2-1-06; CR 09-123: am. (4) (b) 11. Register July 2010 No. 655, eff. 8-1-10; correction in (4) (a) 1., 2., 4., (b) 4., 5., (c) 7., 10. b., 14., (d) 1., Table A made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; CR 13-096: am. (title), (4) (intro.), (a) 1., 2., cr. (5), CR 13-099: am. (1) (intro.), (b) (intro.), r. (1) (b) 1., 2., cr. (1) (f), am. (2) (a) to (c), cr. (2) (d) to (g), am. (4) (intro.), (a) 1., 2., r. (4) (a) 3. to 6., 8., am. (4) (a) 11., r. (4) (a) 13., am. (4) (a) 14., 15., cr. (4) (a) 16. to 18., am. (4) (b) 2. to 4., 7., r. (4) (b) 9., 10., am. (4) (b) 12., r. (4) (b) 13., am. (4) (b) 15., cr. (4) (b) 16., am. (4) (c) 1., 2., 4., renum. (4) (c) 10. (intro.) to 10. and am., r. (4) (c) 10. a., b., cr. (4) (c) 16. to 20., am. (4) (d) 1., 4., 6., cr. (4) (d) 10. to 12., am. (4) (f) 2., 7., 8., cr. (4) (fm), am. Table A Register September 2014 No. 705, eff. 10-1-14; correction in (4) made under s. 35.17, Stats., Register September 2014 No. 705.Amended by, correction in s. 13.92(4) (b) or 35.17(2), 2015 Wis. Act 197 s. 42 2015 Wis. Act 197 s. 43 Register April 2016 No. 724, eff.5/1/2016Amended by, CR 18-095: am. (1) (title), (b), (c), (e), (f), cr. (1) (g), (1m), r. and recr. (2), am. (3) (a), (c), r. (3) (d), r. and recr. (4), Table A Register June 2020 No. 774, eff. 7-1-20; correction in (2) (d) 5. made under s. 13.92(4) (b) 7., Stats., and corrections in (4), Table A made under s. 35.17, Stats., Register June 2020 No. 774, eff. 7/1/2020Amended by, republished to correct an error in transcription in Table A Register July 2020 No. 775, eff. 8/1/2020