Exemptions

Exemptions. (1) Applicable activities. This section applies to the exempt structures and crossings listed in ss. 30.12 , 30.123 , and 30.13 , Stats. A structure or crossing that meets the general standards in sub. (3) and the relevant structure or crossing specific standards in subs. (4) to (16) shall be exempt under s. 30.12 (1g) , 30.123 (6) (d) , or 30.13 (1) or (1m) , Stats. (2) Procedures. The department shall process exemptions according to the procedures in ch. NR 300 . (3) General standards. (a) A structure or crossing in a navigable waterway that meets the general standards in this subsection and the relevant structure or crossing specific standards in subs. (4) to (15) shall be exempt under s. 30.12 , 30.123 , or 30.13 , Stats. (b) Except as otherwise provided in the structure or crossing specific standards in this section, a structure or crossing may not be located in an area of special natural resource interest as defined in s. 30.01 (1am) , Stats., or a public rights feature under s. NR 1.06 . (c) Except as otherwise provided in the structure or crossing specific standards under subs. (4) to (16) , if a structure or crossing is placed in a navigable waterway, a structure or crossing may be placed and maintained only by a riparian and the activity shall be placed entirely within the riparian’s zone of interest as determined by one of the methods outlined in s. NR 320.09 . This paragraph does not apply to a culvert placed under sub. (10) . (d) Except as otherwise provided in the structure or crossing specific standards under subs. (4) to (16) , a one-time deposit of sand, gravel, or stone under s. 30.12 (1g) (a) , Stats., may be associated with the placement of a structure provided the deposit is limited to the area immediately underneath or adjacent to the structure and is less than 2 cubic yards. (e) Dredging is allowable up to the amount necessary to place a structure or crossing under s. 30.20 (1g) (b) 1. , Stats. (f) Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters and wetlands. All erosion control measures shall meet or exceed technical standards under subch. III of ch. NR 151 . Any area where topsoil is exposed during the project shall be immediately seeded and mulched to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. (g) 1. Except as otherwise provided in the structure or crossing specific standards under subs. (4) to (16) , to minimize adverse impacts on fish movement, fish spawning, and egg incubation periods, in-water work may not occur during any of the following time periods unless timing restrictions have been waived by the department: a. September 15 through May 15 for all trout streams identified on DNR published maps. b. September 15 through June 15 on all Great Lakes tributaries upstream to the first dam or barrier. c. November 1 through June 15 for Lake Michigan waters surrounding Door County, including Green Bay and all harbors and bays. d. September 15 through July 1 for Lake Superior waters surrounding Douglas County, including St. Louis River and all harbors and bays. e. March 1 through June 15 for all other waters. 2. A person may request a waiver for the fish timing restrictions in subd. 1. through the voluntary exemption determination request process under s. NR 300.04 (4) . (h) Any grading, excavation, and land disturbance shall be confined to the minimum area necessary for construction. (i) All project equipment shall be decontaminated for removal of invasive species prior to and after each use on the project site by following the most recent department approved washing and disinfection protocols to comply with ch. NR 40 . (4) Seasonally placed and temporary structures standards. In addition to the standards under sub. (3) , seasonally placed structures, including recreational structures, scientific monitoring and sampling devices, and temporary in-water containment practices shall meet all of the following requirements: (a) Structures shall be placed only on a seasonal or temporary basis and shall be removed when the intended use has ended. (b) Structures shall be placed between the shoreline and the line of navigation unless authorized by the department through submittal of an exemption determination request under s. NR 300.04 (4) . (c) Structures shall be placed in a manner that does not cause suspension of bottom sediments. (d) Recreational structures may not exceed a total surface area of 25 square feet. (e) Structures are not benthic barriers or similar structures intended to shade plants. (5) Placement of temporary stream crossings on navigable streams standards. In addition to the standards under sub. (3) , temporary stream crossings on navigable streams shall meet all of the following requirements: (a) The temporary stream crossing shall be used to provide temporary access to an area for the primary purpose of engaging in normal forest management activities, including those activities that are undertaken on forest land to establish, maintain or enhance a forest. These activities include planting trees, thinning and trimming trees, and harvesting timber and other forest products. These activities do not include cutting firewood exclusively for personal use. (b) The temporary in-stream crossing may only span a navigable stream that is less than 10 feet wide, measured from ordinary high water mark to ordinary high water mark. Temporary clear span bridges are not subject to this width limitation. (c) Provided no in-water work is proposed as part of the project, temporary clear span bridges may be placed and removed during the time periods identified in sub. (3) (g) . (d) The temporary stream crossing may not be located on a wild river designated under s. 30.26 , Stats. (e) The temporary stream crossing shall consist only of timber mats, poles, small logs, culverts, pipes, or similar structures that are placed side by side in, on, or over the stream channel and firmly anchored to the bank to prevent the crossing from being transported downstream during flood conditions. If one or more culverts are used in the crossing, it shall not be placed with any permanent materials such as sand, gravel, or rock. (f) The temporary stream crossing shall be placed parallel to the stream flow. (g) The temporary in-stream crossing shall be placed and removed only during frozen or low flow conditions. (h) The timber mats, poles, small logs, culverts or pipes shall be secured together using cables, chains, bands, fasteners, or other methods, prior to installation to facilitate removal. (i) The temporary stream crossing shall be removed after the project requiring temporary access is completed or 160 days after installation, whichever occurs first. (j) The temporary stream crossing shall be installed and removed a single time within the allowable use period and in compliance with the time periods specified in sub. (3) (g) , if applicable. (k) Compliance with the provisions under this paragraph constitutes a waiver of the navigational clearance requirements under s. NR 320.09 , provided that the property owner provides a marked navigational portage route around the temporary crossing while the structure remains in place. (6) Fish habitat structures standards. In addition to the standards under sub. (3) , fish habitat structures shall meet all of the following requirements: (a) Purpose. The fish habitat structure shall be placed for the purpose of improving fish habitat. (b) Conservation practice standard. Except as otherwise provided in the fish habitat structure specific standards in pars. (d) to (k) the fish habitat structure shall meet the appropriate natural resources conservation service conservation practice standard 395 Stream Habitat Improvement and Management. (c) Reporting. The riparian shall report the placement of the structure to the local department fisheries biologist within 30 days after placement. The report shall contain a description of the project and its purpose, the name of the waterway, and a map showing where the structure was placed. (d) Fish crib standards. In addition to the standards under pars. (a) to (c) and sub. (3) , fish cribs shall meet all of the following requirements: 1. The fish crib does not have to meet the riparian zone standard in sub. (3) (c) . If a fish crib is placed beyond the line of navigation, the riparian shall receive permission from a neighboring riparian to place the structure. 2. The fish crib shall have a minimum of 5 feet of water over the top of the structure. The depth of water over the fish cribs shall be based on the normal lowest water level condition during a calendar year. 3. Except for fastening and anchoring devices, the fish crib shall be constructed of biological materials. 4. The dimensions of the fish crib shall be no larger than 8 feet tall by 8 feet long by 8 feet wide. 5. The fish crib may not be placed within 100 feet of swimming beaches or swimming rafts. 6. The fish crib may not be located in soft sediment or muck that is greater than 12 inches in depth. 7. The fish crib may not be placed where the bottom contour of the waterway exceeds a slope of 4−foot horizontal to one−foot vertical (4H:1V). 8. The fish crib shall be adequately anchored to prevent movement. (e) Spawning reef standards. In addition to the standards under pars. (a) to (c) and sub. (3) , spawning reefs shall meet all of the following requirements: 1. The waterbody into which a spawning reef is placed has a history of naturally reproducing walleye or sauger. Walleye Waters and history of natural reproduction can be identified on the department’s Surface Water Data Viewer at https://dnrmaps.wi.gov/H5/?viewer=SWDV . 2. The spawning reef shall be constructed of an aggregate of clean, uncrushed gravel and rock from 2 to 8 inches in diameter, in a ratio of approximately 30 percent of the gravel or rock ranging from 2 to 4 inches in diameter and approximately 70 percent ranging from 4.1 to 8 inches in diameter.