BMP Field Manual
Chapter 2 - Permits
In addition to the BMPs described in this manual, you should be aware of existing municipal, county, state and federal regulations relating to forest management and water quality. Many of these are listed in the Regulations section. Other laws and regulations may apply. This section summarizes several permits related to the regulations outlined here. For more information, contact your county zoning office or a Wisconsin DNR water management specialist when conducting forest management activities near streams, lakes, or wetlands.
Legal definitions of a lake, a stream (intermittent and perennial), navigability, and ordinary high-water mark are listed in Riparian Management Zones and Glossary.
Several regulations state that certain operations in or near streams, lakes, floodplains or wetlands require a permit.
If you are planning an activity near a waterbody or a wetland, you should investigate the need for a permit at least 90 days in advance of the activity.
- Stream Crossings
A stream crossing permit is required to construct a ford or install a culvert or bridge across a navigable perennial or intermittent stream (Chapter 30, Wis. Stats.). When planning to construct a stream crossing or modify, repair or expand an existing stream crossing, call a water management specialist at a Wisconsin DNR office for information and to apply for a permit. For stream crossings that are not designed to pass the 100-year flood without causing backwater, you will need to obtain flooding easements from affected upstream property owners.
- Grading
Grading and/or removal of top soil from the bank (defined in glossary) of any navigable stream, lake or other body of navigable water where the area exposed will exceed 10,000 square feet requires a Chapter 30 permit. Call a water management specialist at a Wisconsin DNR office to apply for a permit. Also, check with your county zoning office for local grading and excavation permits that may be required; county zoning may require permits for exposed areas less than 10,000 square feet.
- Wetlands and Floodplains
Activities in wetlands and floodplains are often subject to municipal, county, state and federal regulations and permit requirements. Your sequence of contacts when you suspect your project may involve a wetland or floodplain and want to know what regulations apply is:
- your county zoning office,
- a Wisconsin DNR water management specialist, and
- the U.S. Army Corps of Engineers.
Maps from the Wisconsin Wetland Inventory can help you make a preliminary determination as to whether your project will affect wetlands. Wisconsin Wetland Inventory maps may be reviewed at DNR offices and county or municipal zoning offices or purchased from the Wisconsin Geological and Natural History Survey.
- Timber Harvesting Near Water
All cutting practices near lakes and navigable streams (i.e. generally within 100 feet) must be consistent with local county shoreland zoning ordinances. A special exception permit or conditional use permit may be required. Contact your local county zoning office for more information before harvesting near shoreland.
- Timber Harvesting
Before harvesting timber on private land, a cutting notice must be filed with the County Clerk in the county in which the harvesting occurs (s. 26.03 Wis. state stats.). In addition, if land is entered under the Forest Crop or Managed Forest Law, you must file a notice of intent to cut with the Wisconsin DNR prior to harvesting.
Before timber may be harvested on county forest land, the DNR must be notified (s. 28.11(6)(b)2 Wis. Stats.). On municipal forests registered with the DNR, only trees marked for cutting by a Wisconsin DNR forester may be cut (s. 28.21 Wis. Stats.).
- Burning Permits
If you plan to conduct any open burning (i.e., slash, bark, debris), contact the Wisconsin DNR or local municipal fire authorities to determine (1) if a burning permit is required, and (2) to apply for a permit, if necessary.
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