Lake related administrative rules
Administrative Rules are promulgated by state agencies to implement the state statutes and have the effect of state law (what are administrative rules and what is their role?). Administrative rules are an important area of state law. They can set environmental protection standards, clarify state laws, set procedures, and implement state programs.
The majority of administrative rules that can affect lakes and lake management are administered and enforced by the Department of Natural Resources, but a few reside in other agencies. The administrative rules summarized below are permanent rules (look up permanent rules exits site); some of these rules may be in the process of being revised, and additional rules may be being promulgated for the first time, or in effect as emergency rules (look up current rulemaking exits site)
Aquatic plants and aquatic invasive species related rules
Aquatic plants, introduction, manual removal and mechanical control, Ch. NR 109
In order to protect diverse and stable communities of native aquatic plants and prevent the spread of invasive aquatic plants, many aquatic plant management and nuisance control activities require a permit issued by the DNR. For people interested in introducing aquatic plants into a waterbody or using manual or mechanical methods to control aquatic plants, NR 109 outlines the aquatic plant management permit process procedures and requirements. NR 109 also prohibits launching of watercraft or equipment that has any aquatic plants or zebra mussels attached in order to prevent the spread of invasive and non-native aquatic organisms. The intention of the rule is to ensure that introduction and control of aquatic plants considers cumulative impacts, minimized loss of ecological values, and is conducted in a manner consistent with sound ecosystem management. Wisconsin’s Aquatic Plant Management and Protection program. (exits site)
Chemical treatment, aquatic nuisance control, procedure, Ch. NR 107
For those interested in controlling nuisance plants and other aquatic organisms using chemical treatments, NR 107 outlines procedures to apply for a permit to use certain chemical in public water bodies. The purpose of the rule is to allow chemical management as long as chemical treatments are conducted in a manner consistent with sound ecosystem management and minimize the loss of ecological values in the water body. Wisconsin’s Aquatic Plant Management and Protection program. (exits site)
Control and prevention of Viral Hemorrhagic Septicemia (VHS) in fish in waters of the state (NR 19)
VHS is an invasive pathogen that causes fish mortality which was first found in Wisconsin inland waters in 2006. Emergency rules went into effect immediately to prevent the spread of the virus, and NR 19 (in effect April 4, 2008) is the permanent rule that retains many of the preventative measures established in the emergency rules. NR 19 requires any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or from its bank or shore to immediately drain all water from the boat, boat trailer, boating equipment or fishing equipment, including water in any bilge, ballast tank, bait bucket, live well or other container. The immediate drainage requirement also applies to containers and fishing equipment used by bank or shore anglers, with a narrow set of exemptions. Provisions within the rule also prohibit transportation over land of undrained vessels (itemized above) from other states. Other provisions regulate the possession, use, and transportation of live bait. More information on VHS. (exits site)
Other AIS related rules
- Fishing tournaments (NR 20.40)
- Invasive Species Classification Rule (NR 40, currently being promulgated)
- See WAL's activity on these two rules on our aquatic invasive species policy work page
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Polluted runoff related rules
Runoff management, Ch. NR 151
This rule establishes polluted runoff performance standards to achieve water quality standards as required by state statute. Performance standards are included for non-agricultural and transportation facilities. Performance standards and prohibitions are included for agricultural facilities and practices. This rule also specifies a process for the development and dissemination of DNR technical standards to implement the non-agricultural performance standards.
More on administrative rules regulating polluted runoff (exits site).
Animal feeding operations, Ch. NR 243
NR 243 specifies how Wisconsin’s largest farms (Concentrated Animal Feeding Operations or CAFOs) handle, spread, and store their manure. CAFOs are considered point sources of pollution under the Federal Clean Water Act, and must get discharge permits. The Wisconsin Department of Natural Resources has been following the federal government’s lead, and has issued permits for CAFO operations since 1984. The purpose of this rule is to implement manure storage design standards and accepted management practices. The rule establishes permit requirements and the basis for issuing permits to CAFOs, and criteria whereby DNR may issue a notice of discharge for operations that have manure spills or fail to adhere to performance standards/prohibitions within the NR 151 (see above).
More on administrative rules regulating polluted runoff (exits site).
Soil and water resource management program, Ch. ATCP 50
This Department of Agriculture Trade and Consumer Protection rule is a companion to the seven polluted runoff rules administered by the DNR. ATCP 50 prescribes conservation practices to implement the DNR performance standards (NR 151) and establishes soil conservation and farm nutrient management requirements. DATCP also delegates through rule specific rule implementation and enforcement duties to County Soil and Water Conservation Programs, grants authority for counties to require landowners to implement conservation practices through county ordinance while maintaining the Department’s ability to review and comment on local regulation, and outlines the provisions of a grant program to provide funding to counties to assist with implementation of the program. The rule also contains parameters for cost-share grants to landowners and standards for cost-shared practices.
More on administrative rules regulating polluted runoff (exits site).
Best management practices and cost share conditions, Ch. NR 154
This rule identifies best management practices, technical standards and cost-share conditions that apply to the DNR, state agencies, governmental units, the board of regents and cost-share recipients when serving to provide or receive cost-share funds under ch. NR 153 or 155.
More on administrative rules regulating polluted runoff (exits site).
Storm water discharge permits: Construction sites, NR 216.41 to 216.55
This rule establishes criteria and defines construction site activities that cause polluted runoff discharges (sediments etc) such that a WPDES storm water permit is necessary. The mechanics of the permitting process are detailed in the rule, as are the required erosion control and stormwater management for construction sites. Separate subchapters of this rule address stormwater discharge permits for municipal and industrial activities.
More on administrative rules regulating polluted runoff (exits site).
Construction site erosion control model ordinance, Ch. NR 152
This rule includes two model ordinances. One is a model ordinance for construction site erosion control at sites where construction activities do not include the construction of a building. The other is a model ordinance for post-construction storm water management. The purpose of these model ordinances available to local units of government is to secure
More on administrative rules regulating polluted runoff (exits site).
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Shoreland related rules
Shoreland management program, Ch. NR 115
NR 115 establishes the minimum statewide shoreland zoning standards for unincorporated areas. Individual counties may establish more stringent standards to reflect local natural resource assets and needs; no county can set standards lower than what is itemized in NR 115. The DNR can require adherence to specific standards and criteria for navigable water protection regulations and their administration. The directive within the state statute mandating statewide shoreland zoning standards specified that shoreland standards further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structure and land uses and reserve shore cover and natural beauty. This rule, originally established in 1968, is in the process of being revised.
Flood plain management, Ch. NR 116
Municipalities are required by statute to adopt reasonable and effective floodplain zoning ordinances within their respective jurisdictions to regulate all floodplains where serious flood damage may occur within one year after hydraulic and engineering data adequate to formulate the ordinance becomes available. The legislature’s purpose in requiring floodplain zoning was to protect human life, health, and to minimize property damages and economic losses.
More information about floodplain management (exits site)
Shoreland-wetland protection programs, city and village, Ch. NR 117
This rule establishes minimum standards for city and village shoreland-wetland zoning ordinances to accomplish shoreland protection objectives outlined in state statute. Cities and villages are required by statute to adopt shoreland-wetland zoning ordinances within 6 months after receipt of final wetland inventory maps.
More information about NR 117 (exits site)
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Groundwater quantity rule
Groundwater quantity protection, Ch. NR 820
Wisconsin’s 2003 Groundwater Protection Act required DNR to promulgate rules to designate areas of the state (consistent within parameters itemized in statute) in which impacts from groundwater drawdown and pumpage are such that regional planning and management is necessary to avoid, minimize and manage future impacts. This rule also establishes review criteria applicable to high capacity well applications involving wells situated near springs, trout streams, outstanding resource waters, and exceptional resources waters, and involving groundwater withdrawals with high water loss.
The Groundwater Protection Act only applies to a limited set of waters: trout streams, Outstanding Resource Waters (ORWs) and Exceptional Resource Waters (ERWs). This means that Wisconsin's current groundwater law fails to protect 99% of the state’s lakes, 97% of springs, 92% of rivers and streams, and 100% of wetlands.
Learn about WAL’s efforts to increase protection for groundwater sensitive lakes.
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Water quality and public waters protection rules
Navigable waterways, permits, general and individual, Ch. NR 310
This rule outlines procedures for processing exemption determinations, general permits and individual permits for activities in navigable waterways, while assuring that the public trust in Wisconsin waterways is maintained.
More information about waterways and wetlands permits. (exits site)
Wisconsin pollutant discharge elimination system NR 217
The Wisconsin Pollution Discharge Elimination System (WPDES) is the state permitting system that regulates point source discharges, mandated by the Federal Clean Water Act. There are multiple rules to define other aspects of the permitting program. The purpose of the rule is to reduce the amount of pollutants discharged to surface waters by establishing effluent standards and limitations for pollutants in effluent discharged to surface waters of the state.
More information about WPDES permits. (exits site)
Fish and wildlife, habitat structures, Ch. NR 323
This rule establishes reasonable procedures and limitations for exempt activities, general permits and individual permits for placement of fish and wildlife habitat structures in navigable waterways regulated by statute, in order to protect the public rights and interest in the navigable, public waters of the state.
More information about fish and wildlife habitat structure permits (exits site).
Piers in navigable water, Ch. NR 326
This rule was established to provide consistent application of the statutes to the construction of piers, boat shelters, swim rafts and similar structures on the beds of navigable waterways as aids to navigation.
More information about piers, docks, and wharves (exits site).
Dredging projects, regulation, Ch. NR 347
The purpose of this rule is to protect the public rights and interest in the waters of the state by specifying definitions, sediment sampling and analysis requirements, disposal criteria and monitoring requirements for dredging projects regulated under one or several state statutes.
More information about dredging permits (exits site).
Sewerage systems, Private, Ch. Comm 83
The purpose of this Department of Commerce rule is to establish uniform standards and criteria for the design, installation, inspection and management of a private onsite wastewater treatment system, POWTS, so that the system is safe and will protect public health and the waters of the state.
Wisconsin surface waters: Antidegradation policy, Ch. NR 207
This chapter sets procedures applicable to proposed new or increased discharges to outstanding resource waters, exceptional resource waters, Great Lakes system waters, fish and aquatic life waters, and waters listed in NR 104.
More information on antidegration policy (exits site).
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Grant program rules
Lake management planning grants, Ch. NR 190
This rule establishes procedures for implementing a lake management planning grant program. Grants made under this program assist lake planning projects by: helping local organizations provide information and education on lakes and lake ecosystems, improving lake management assessment and planning, and by aiding in the selection of activities to prevent degradation of lakes and protect or improve the quality of lakes and their ecosystems.
Aquatic invasive species control grants, Ch. NR 198
This rule establish procedures for awarding cost-sharing grants to public and private entities including local governmental units for the control of aquatic invasive species. Grants made under this program assist local governments and other interests to prevent and control the spread of aquatic invasive species in the waters of the state, provide information and education on aquatic invasive species topics, and assist in planning and conducting projects that will prevent the introduction of aquatic invasive species into waters where they currently are not present, controlling and reducing the risk of spread from waters where they are present, and restoring native aquatic communities.
This rule was revised in 2008 (see WAL’s activity on this rule revision).
Lake monitoring contracts and citizen lake monitors, Ch. NR 192
This rule establishes administrative procedures for the lake monitoring contracts program and specifies the eligible activities and qualifications for participation in the statewide lake monitoring network. The statewide lake monitoring network provides quality, cost-effective lake data useful to federal, state and local lake management efforts on the use of lakes and the understanding of the natural ecosystem of lakes and the water quality of lakes. The purpose of the lake monitoring contract program is to provide training, equipment and support to a statewide network of citizens so that they can provide useful information for the protection and restoration of Wisconsin lakes.
More information on the citizen lake monitoring network (exits site).
Public inland lake protection and rehabilitation, Ch. NR 60
This chapter contains rules for the administration of the public inland lake protection and rehabilitation program established by ch. 33, Stats. These rules apply to projects undertaken by lake protection and rehabilitation districts which involve an application for state technical or financial aid.
Targeted runoff management grant program, Ch. NR 153
This rule establishes the administrative framework for the selection and implementation of projects under s. 281.65, Stats. This chapter promotes management of urban and rural nonpoint pollution sources in critical geographic locations where nonpoint source related water quality problems and threats are most severe and control is most feasible.
Nonpoint source water pollution abatement program, Ch. NR 155
This rule establishes administrative policies and procedures the grant program intended to provide funds to abate urban nonpoint source water pollution and storm water runoff. This chapter promotes management of urban runoff from existing urban areas, developing urban areas and areas of urban redevelopment.
Septic tank replacement or rehabilitation grant programs, Ch. Comm 87
This rule implements a financial assistance program to reimburse eligible property owners a portion of the cost of replacing or rehabilitating failing private onsite wastewater treatment systems (POWTS).
Flood plain and shoreland mapping grant program, Ch. NR 129
This rule establishes rules to administer the state grant program to provide financial assistance to counties, cities, and villages for topographical mapping of floodplain and shoreland areas to assist in the establishment and the administration of floodplain and shoreland zoning ordinances.
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