Statewide general permit development

Statewide general permit development. (1) Procedures. The department shall develop general permits in accordance with procedures under ss. 30.206 and 30.2065 , Stats., and process general permit applications in accordance with the procedures in ch. NR 300 . (2) Applicable activities. The department shall develop and issue statewide general permits under ss. 30.12 , 30.123 , 30.206 (1) , and 30.2065 , Stats., and may issue statewide general permits under s. 30.206 (1) (am) , Stats. (3) Standards. To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4) , Stats., or result in material injury to the rights of any riparian, the department may impose any of the following conditions on the permit under s. 30.206 (1) (a) , Stats.: (a) Construction and design requirements that are consistent with the purpose of the activity authorized under the permit, including any of the following: 1. Project scope or size limitations to minimize impacts to the public rights. 2. Site access, construction sequencing, and erosion control practices to prevent direct and indirect impacts to the public rights during construction activities. 3. Bank vegetation clearing and in-water impact minimization requirements. 4. Timing restrictions to protect fish spawning and rearing or other sensitive resources, including state threatened, endangered, or special concern species. 5. Invasive species prevention measures consistent with ch. NR 40 . 6. Project measures and practices that are designed to minimize impacts to threatened, endangered, or special concern species, or other sensitive habitat features. (b) Location requirements to ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparians, including any of the following: 1. Limitations of project location to the designated riparian zone of the applicant. 2. Limitations of project proximity to navigational channels, boat landings, designated swimming areas, or other restricted areas. (4) Pre-existing structures. (a) A structure or crossing that was placed in conformity with exemption standards prior to April 1, 2026, shall continue to be exempt, provided the structure or crossing is maintained in compliance with all the standards in place at the time of installation and is not detrimental to public rights. (b) A structure or crossing regulated under this chapter that is authorized by an existing department permit shall continue to be authorized, provided the structure is maintained in compliance with all the conditions of the original permit and does not infringe on public rights. (5) Individual permit required. Activities that do not meet the standards for exemptions in s. NR 320.04 or the standards in statewide general permits issued by the department under s. 30.206 or 30.2065 , Stats., or this section, shall require an individual permit.