Wis. Admin. Code Department of Natural Resources NR 852.02

Current through September 30, 2024

Section NR 852.02 - Applicability

Persons subject to this chapter are categorized into one of three levels, Tier 1, Tier 2, or Tier 3, in order to differentiate between the requirements for different amounts and types of a withdrawal, diversion, or water loss. Unless exempted under sub. (4), this chapter applies to persons applying for a new or increased withdrawal, diversion, or water loss approval according to the following categories:

(1) Tier 1: Persons applying for a new or increased withdrawal regulated under s. 281.346(4s), Stats.

Note: Section 281.346(4s), Stats., requires coverage under a general permit for withdrawals from the Great Lakes basin that average 100,000 gallons per day or more in any 30-day period but that do not equal at least 1,000,000 gallons per day for any 30 consecutive days.

(2) Tier 2: Persons applying for a new or increased withdrawal regulated under s. 281.346(5), Stats.

Note: Section 281.346(5), Stats., requires an individual permit for withdrawals from the Great Lakes basin that equal 1,000,000 gallons per day or more for any 30 consecutive days.

(3) Tier 3:

(a) Persons applying for a new or increased diversion regulated under s. 281.346(4) (c), (d), and (e), Stats.

Note: Section 281.346(4) (c), Stats., regulates diversions to a straddling community, s. 281.346(4) (d), Stats., regulates intrabasin transfers within a straddling community, and s. 281.346(4) (e), Stats. regulates diversions to a community in a straddling county.

(b) Persons applying for a water loss approval under s. 281.35, Stats.

Note: Section 281.35, Stats., regulates withdrawals statewide that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.

(4) This chapter does not apply to water withdrawals for any of the following purposes:

(a) To supply vehicles, including vessels and aircraft, for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.

(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.

(c) Temporary pit or trench dewatering including construction pits, sewer extension construction, pipe trenches, and other similar operations.

Wis. Admin. Code Department of Natural Resources NR 852.02

CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.