Wis. Admin. Code Department of Natural Resources § NR 302.04 - Wild rivers alteration

(1) DAMS. To preserve the free flowing state of wild rivers, no man-made dams or other man-made structures which impound water shall be permitted on such rivers with the exception of those projects, licensed by the federal energy regulatory commission, in existence prior to November 18, 1965.

(2) BULKHEAD LINES, STRUCTURES OR DEPOSITS. Except as otherwise provided in s. NR 302.03, to protect and preserve the public rights including maintenance of natural condition, beauty, and rights incident to navigation no permits or approvals for bulkhead lines or other structures or deposits as defined in ss. 30.11 and 30.12, Stats., shall be permitted.

(3) CHANNEL CHANGES, ENLARGEMENTS, DREDGING AND GRADING. Except as otherwise provided in s. NR 302.03 or the removal of man-made or constructed objects and structures, no dredging of materials from the bed of any wild river shall be permitted, nor shall channels be connected to a wild river, nor shall any pond or enlargement be permitted within 400 feet of the ordinary high watermark of any wild river. Further, no channel changes pursuant to s. 30.195, Stats., shall be permitted, nor any grading or other removal of topsoil on the bank of a wild river.

(4) SHORE PROTECTION. Shoreline protection measures defined in s. 30.12(3) (a), Stats., may be permitted if:

(a) Natural materials not foreign to the immediate surroundings are used; and

(b) Are necessary only to restore man-induced erosion areas to a more natural state.

(5) BRIDGES. To preserve the natural condition and beauty and other incidents of navigation in the wild rivers, no bridges, except as provided in s. NR 302.07, shall be permitted unless they comply with the following requirements:

(a) Reasonable access to a residential dwelling is not available without use of a bridge crossing and the applicant proves a need as defined in par. (b).

(b) Bridges shall be designed to accommodate foot traffic only unless an applicant proves a need, other than convenience, for vehicle passage over the bridge. Provided, the obtaining of property rights or ownership, or development of property to which access is sought, subsequent to the effective date of these rules does not prove need for vehicle passage over a bridge.

(c) Bridges shall be clear span and provide a minimum clearance of 5 feet between the ordinary high watermark and the stringer or lowest portion of the bridge, unless the department determines a lesser clearance is appropriate due to aesthetic conditions will not infringe on public rights in navigation on the wild river in the area of the proposed bridge placement.

(d) Bridges shall be constructed in a manner that results in the least impact on the natural condition and beauty of the river, taking into consideration materials necessary for the traffic and weight the bridge is to support.

(6) PIERS. To protect and preserve public rights in the maintenance of the natural condition and beauty, no piers shall be constructed in the wild rivers.

(7) NATURAL OBSTRUCTIONS. In order to maintain the wild character of a river, natural obstructions shall not be removed by the department.

Notes

Wis. Admin. Code Department of Natural Resources § NR 302.04

Cr. Register, March, 1979, No. 279, eff. 4-1-79; correction in (4) (intro.) made under s. 13.93(2m) (b) 7, Stats., Register January 2002 No. 553.