Individual permits

Individual permits. (1) Procedures. The department shall process individual permit applications according to the procedures in ch. NR 300 . (2) Applicable activities. A structure or crossing that is not exempt under s. 30.12 , 30.123 , or 30.13 , Stats., and is not authorized by a statewide general permit under s. 30.206 or 30.2065 , Stats., requires authorization by an individual permit. (3) General standards. (a) A structure shall meet the standards in s. 30.12 (3m) , Stats., and a crossing shall meet the standards in s. 30.123 (8) (c) , Stats. (b) A structure or crossing shall not totally enclose any portion of a navigable waterway. (c) A structure or crossing shall not interfere with or cause material injury to the rights of other riparians, as determined by methods outlined in s. NR 320.09 . (d) A structure or crossing, other than a solid pier, shall not interrupt the free movement of water or trap or accumulate aquatic plants. (e) A structure or crossing shall not cause the formation of land by deposition of littoral drift upon the bed of the water. (4) Activity specific location standards. (a) New riprap on lakes and flowages. The department may authorize construction of new riprap at low energy sites on inland lakes and flowages by an individual permit provided any of the following applies: 1. The bank-edge recession or lateral migration described in s. NR 320.11 (3) is equal to or greater than 0.5 feet per year. 2. The erosion intensity score as calculated in s. NR 320.11 (2) is equal to or greater than 40. 3. The applicant can demonstrate that riprap is necessary to correct erosion on the site due to site specific circumstances. (b) New riprap on streams. The department may authorize construction of new riprap at low energy sites on streams by an individual permit provided any of the following is true: 1. The bank-edge recession described in s. NR 320.12 (3) is equal to or greater than 0.5 feet per year. 2. The bank erosion potential index as calculated in s. NR 320.12 (2) , is equal to or greater than 20. 3. The applicant can demonstrate that riprap is necessary to correct erosion on the site due to site specific circumstances. (c) Seawalls. The department may authorize a seawall at a low energy site only by an individual permit at the following locations: 1. Municipal or commercial marinas where vertical docking facilities are a practical alternative after considering the public interest. 2. Navigational channels actively used as thoroughfares as described in s. NR 320.11 (2) , Table 1, note 5, or for access where slopes are steeper than one foot horizontal to 1.5 feet vertical (1’H:1.5’V) and are showing evidence of erosion and where alternative methods of erosion control will impede navigation. 3. Locations where slopes are steeper than one foot horizontal to 1.5 feet vertical (1’H:1.5’V) and where the applicant demonstrates that alternative measures are not practicable considering bank height and the location of other permanent structures on the property. (d) Solid piers. The department may authorize a solid pier only by an individual permit on the following waters: 1. Outlying waters. 2. Harbors connected to outlying waters. 3. Fox River from the DePere dam to Lake Winnebago. 4. Lake Winnebago. 5. Mississippi River. (e) Piers and wharves exceeding sizing and slip thresholds established in s. NR 320.04 (8). In determining whether a proposed pier or wharf project constitutes a reasonable use of the property, the department may consider any of the following factors: 1. Riparian convenience and the intended purpose of the proposed project. 2. The historic use of the property, surrounding area, and navigable waterway. 3. Navigational safety and anticipated navigational impacts of the proposed project. 4. Public access opportunities on the navigable waterway and at the site of the proposed project. 5. The current use of the property, surrounding area, and navigable waterway. 6. The effect of local ordinances enacted pursuant to s. 30.77 , Stats. 7. Other riparians’ interests. 8. The applicable boat slip reasonable use presumption as described in s. 30.12 (1g) (f) 1. c. or (1j) (a) , Stats. 9. Whether slips associated with commercial marinas or other commercial structures are open to the general public. (f) Permanent and seasonal boat shelters. Permanent or seasonal boat shelters that do not meet the requirements for placement under an exemption under s. 30.12 , Stats., or s. NR 320.04 (9) , a waterway general permit issued under s. 30.206 , Stats., or a previously issued department permit require authorization through an individual permit, subject to all of the following conditions: 1. Permanent or seasonal boat shelters are designed to berth a single watercraft. 2. Permanent or seasonal boat shelters are on a property that does not also include a boathouse over a navigable waterway. 3. The number of boat shelters placed adjacent to a property is limited to one permanent and one seasonal shelter or 2 seasonal shelters for the first 100 feet or lesser amount of shoreline frontage. One additional seasonal shelter may be placed for each additional 50 feet of shoreline frontage in common ownership. In lieu of placing additional seasonal boat shelters beyond the initial allowance for the first 100 feet of shoreline frontage, a riparian may apply to the department for an individual permit to allow one additional permanent boat shelter for every additional 100 feet of shoreline frontage in common ownership. (5) Individual permit evaluation. The department, in its review of an individual permit application to determine whether placement of a structure or crossing meets the standards for issuance under s. 30.12 (3m) or 30.123 (8) (c) , Stats., and to assess the project’s individual and cumulative impacts on public rights and interests in navigable waterways shall evaluate all of the following information if available and applicable to the project: (a) Physical, chemical, and biological effects on the waterway. (b) Water quality. (c) Water quantity. (d) Fish and wildlife habitat, especially impacts on littoral zone and nearshore habitat. (e) Navigation. (f) Recreational activities, including swimming, boating, snowmobiling, fishing, and hunting. (g) Natural scenic beauty. (h) Special concern, threatened, or endangered species. (6) Individual permit review. To determine whether an application meets the public interest criteria identified under sub. (5) , the department may evaluate information regarding any of the following project specific factors during an individual permit application review: