For the purposes of this chapter, the following definitions
are applicable:
(1) "Agricultural use
of land" means planting, growing, cultivating and harvesting of crops for human
or livestock consumption, pasturing or yarding of livestock, sod farms and
beekeeping.
Note: This definition is equivalent to the definition in s.
30.40(1),
Stats., and differs from the definition in ss.
NR 151.002(2) and 216.42(2) only in
that beekeeping is included and tree nurseries are not included.
(2) "Artificial water body" means
a proposed or existing body of water that does not have a history of being a
lake or stream or of being part of a lake or stream.
(3) "Connects with a navigable waterway"
means any artificial waterbody that is attached by means of enlargement or by a
natural or artificial channel or drainage course, or an open or closed conduit,
any of which tend to confine and direct flow into the existing navigable
waterway.
(4) "Department" means
the department of natural resources.
(5) "Grading" means the physical disturbance
of the bank by the addition, removal or redistribution of soil.
(6) "Land disturbing construction activity"
means any man-made alteration of the land surface resulting in a disturbance to
soil or existing vegetative or non-vegetative soil cover that may result in
stormwater runoff and lead to increased soil erosion and movement of sediment
into waters of the state. Land disturbing construction activity includes
clearing and grubbing, demolition, excavating, pit trench dewatering, filling
and grading activities.
(7)
"Navigable waterway" means any body of water with a defined bed and bank, which
is navigable under the laws of the state. In Wisconsin, a navigable body of
water is capable of floating the lightest boat or skiff used for recreation or
any other purpose on a regularly recurring basis.
Note: This incorporates the definition at s.
30.01(4m),
Stats., and current case law, which requires a watercourse to have a bed and
banks, Hoyt v. City of Hudson, 27 Wis. 656 (1871), and requires a navigable
waterway to float on a regularly recurring basis the lightest boat or skiff,
DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975); Village of Menomonee
Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).
(8) "Ordinary high water mark" means the
point on the bank or shore up to which the presence and action of water is so
continuous as to leave a distinct mark either by erosion, destruction of
terrestrial vegetation or other easily recognizable characteristic.
(9) "Storm event" means any amount of
precipitation equal to or greater than 0.01 inches with a minimum time between
storms of 6 hours.
(10)
"Stormwater" means runoff from precipitation including rain, snow, ice melt or
similar water that moves on the land surface via sheet or channelized
flow.
(11) "Stormwater management
pond" means any temporary or permanent artificial water body designed to
specifications generally accepted to reduce the water quantity or water quality
impacts of stormwater and to hold water for any period of time. This does not
include facilities to which this chapter is not applicable as listed in s.
NR 343.02(3) (f), (g) and (h).
