BMP Field Manual
Regulations
Below is a list of regulations relating to forest management and water quality that you should be aware of. Other regulations may also apply to your operations. For more information, contact a Wisconsin DNR water management specialist. This is only a summary of laws and their provisions for your information. Please refer to actual law for their complete requirements to assure compliance. Local zoning laws may be available at county zoning or DNR offices.
Section 404 of the Clean Water Act.
Under section 404, the US Army Corps of Engineers requires permits for the alteration wetlands and for the discharge of dredged or fill material into the waters of the United States (33 CFR 323.3). (Waters of the United States includes wetlands. There is a general exemption from section 404 for "normal farming, silvicultural, and ranching activities including plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices" (33 CFR 323.4). This is not a blanket exemption. There are 15 BMPs for "construction and maintenance of farm roads, forest roads, or temporary roads..." These 15 BMPs are listed in Wetlands. This exemption also does not allow for activities that would convert a wetland from one use to another.
Occupational Safety and Health Standards
Section 1910.120 - Hazardous waste operations and emergency response. Paragraph (q) covers competency levels people need to conduct various response actions to a spill.
Wisconsin State Statutes
Chapter 26, Stats. - Protection of Forest Lands.
S. 26.03, Stats. - Cutting Forest Products, requires that before any person cuts a forest product in any private forest, a cutting notice must be filed with the county clerk.
S.26.12(6), Stats. - Forest Protection Areas, Organization, Emergency Fire Wardens, County Cooperation, Setting FireSlash Disposal. All slash, which during the process of cutting timber or taking out other forest products, falls into or is deposited in any lake or stream or on the land of an adjoining owner, shall be immediately removed therefrom by the timber owner or cutting operator when in the opinion of the department such removal is in the public interest.
Chapter 28, Stats. - Public Forests.
S. 28.05(1), Stats. - Timber Sales; State Forests, requires that cutting shall be limited to trees marked or designated for cutting by a forester.
S. 28.11(6)(b)2, Stats. - Administration of County Forests, requires that timber sale presale appraisal methods and procedures shall be approved by the Wisconsin DNR.
S. 28.21, Stats. - In a municipal forest registered with the Wisconsin DNR, no trees shall be cut except those marked or designated for cutting by a Wisconsin DNR forester.
Chapter 29, Stats. - Fish and Game.
S. 29.29(3), Stats. - Noxious substances, regulates the deposit of deleterious substances, such as sand, stone, garbage and sawdust, into navigable waters.
S. 29.415, Stats. - Endangered and threatened species protected. (4)(a) states that no person shall take, transport, possess, process, or sell within this state any animal specified by the department's endangered and threatened species list. (4)(c) states that forestry practices are exempt from laws regarding harm to endangered and threatened plants.
Chapter 30, Stats. - Navigable Waters, Harbors and Navigation.
This chapter requires permits or approvals from the state of Wisconsin for certain activities.
S. 30.12, Stats. - Permits to place certain structures or deposits in navigable waters. This section regulates stream fords, which are usually gravel or concrete planks.
S. 30.18, Stats. - Diversion of water from lakes and streams. This section requires a permit for diverting water from a stream.
S. 30.19, Stats. - Enlargement and protection of waterways. This section requires a permit for grading and/or removal of top soil from the bank of any navigable water where the area exposed will exceed 10,000 square feet.
S. 30.123, Stats. - Bridge Construction and Maintenance. This section requires permits for construction and maintenance of bridges and culverts for crossings of navigable waters. A "bridge" means a structure to convey people, animals and vehicles over navigable waters and includes pipe arches and culverts.
S. 30.195, Stats. - Changing of stream courses. Permits are required to change the course of or straighten a navigable stream.
S. 30.20, Stats. - Removal of material from beds of navigable waters. This section regulates the removal of material from the beds of navigable lakes and both navigable and non-navigable streams.
S. 30.29, Stats. - Operation of motor vehicles in waters prohibited. This section prohibits the operation of a motor vehicle in or on any navigable water or the exposed bed of a navigable water. However, exempted activities include (1) agriculture activities (which includes forest management) and (2) operating a motor vehicle on the surface of any navigable water which is frozen.
S. 30.44(3), Stats. - Forestry. This section requires a permit for timber cutting and harvesting on land in the lower Wisconsin state riverway.
Chapter 94, Stats. - Pesticides.
Chapter 94 regulates the sale, handling, and use of pesticides. For more information, refer to Chapter 11: Chemicals of this manual or ATCP 29 administrative code - Pesticide Use and Control.
Chapter 144, Stats. - Water, Sewage, Refuse, Mining and Air.
S. 144.025(2), Stats. - Department of Natural Resources, Powers and Duties.
(u) This section states that the DNR, in consultation with the Department of Agriculture, Trade and Consumer Protection, may order or cause the abatement of pollution which the DNR has determined to be significant and caused by a nonpoint source, as defined in S.144.25(2)(b), including pollution which causes the violation of a water quality standard and pollution which significantly impairs aquatic habitat or organisms.
(v) If the DNR determines under par. (u) that significant pollution is caused by a nonpoint source, the department shall send a written notice of intent to issue an order to abate the pollution to the person whom the DNR determines to be responsible for the nonpoint source. The notice shall include a date by which that person is required to abate the pollution.
S. 144.25, Stats. - Financial Assistance; Nonpoint Source Water Pollution Abatement.
(4)(g)(9)(ge) This section states that after cost-sharing grants have been available in a priority watershed or priority lake area for 36 months, the DNR may designate as critical sites those sites that are significant sources of nonpoint source pollution upon which best management practices must be implemented in order to obtain a reasonable likelihood that the water quality objectives can be achieved.
(4)(g)(9)(gm) After designating a site to be a critical site under par. (ge), notify the owner or operator of that site of the designation and of the provisions in sub. (7) and s. 144.025(2)(u) 2 and (v).
S. 144.76(2), Stats. - Hazardous substance spills. This section requires that a person who causes the discharge of a hazardous substance to immediately notify state and local authorities unless the discharger holds a valid permit and discharges the substances within the limits authorized by the permit. A hazardous substance is a substance which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics (144.01(4m)). For more information, refer to Chapter 5: Spills in this manual or NR 158 administrative code - Contingency Plan for Emergency Actions in Response to the Discharge of Hazardous Substances.
Chapter 159, Stats. - Solid Waste.
S. 159.07(1m)(b), Stats.- Prohibits the dumping of waste oil on the ground. S. 159.15(1)(k) defines waste oil as any oil after use or which is contaminated through storage or handling before that oil is recycled.
Chapter 348, Stats. - VehiclesSize, Weight and Load.
SS.348.17, 349.15 and 349.16, Stats. - Special or Seasonal Weight Limitations. No person shall operate a vehicle in violation of special weight limitations imposed by state or local authorities on particular highways, highway structures, or portions of highways when signs have been erected giving notice of such weight limitations.
Wisconsin Administrative Codes (Administrative Rules)
Chapter ATCP 29, Wis. Adm. Code - Pesticide Use and Control.
This code regulates the registration, licensing, certification, manufacturing, use, storage, and sale of pesticides in Wisconsin.
Chapter NR 27, Wis. Adm. Code - Endangered and Threatened Species.
If a state threatened or endangered animal species exists on the site, no "take" of that animal is allowed. For more information, contact the Bureau of Endangered Resources in the Wisconsin DNR.
(Most forestry activities are exempted from regulations on impacts to endangered or threatened plant species. The presence of aquatic endangered species at stream crossings will be reviewed when applying for a stream crossing permit.)
Chapter NR 37, Wis. Adm Code - Lower Wisconsin State Riverway Aesthetic Management Specifications for Cutting and Harvest of Timber.
The rules establish management specifications for timber harvesting in the lower Wisconsin state riverway to minimize impacts on the scenic beauty and natural value of the riverway.
S.37.04, Wis. Adm. Code - Timber management cutting and harvesting specifications. This section limits timber cutting and harvesting to those times where the ground is frozen or dry. Also, erosion bars or culverts will be installed as necessary to prevent erosion.
Chapter NR 103, Wis. Adm. Code - Water Quality Standards for Wetlands.
NR 103 establishes wetland water quality standards, criteria, and implementation procedures for the application of these standards. NR 103's qualitative standards are based upon affects to wetland functional values. In addition, standards consider the need for a project to be located in a wetland (wetland dependency) and require the consideration of "practicable alternatives" to avoid wetland impacts. NR 103 applies to all Wisconsin DNR decisions in regulatory, planning, resource management, liaison and financial aid determinations that may affect wetlands and require a water quality certification and determination. Note: The best management practices in Wetlands do not meet all NR 103 standards.
For forest management activities requiring state chapter 30, or a federal section 404 permit, the state of Wisconsin must determine if the activity meets the wetland water quality standards in NR 103. If the activity does not meet NR 103 standards, then the chapter 30, or section 404 permit can not be issued.
- Forest management activities on state lands must consider NR 103 standards.
- Forest management activities on private lands must comply with NR 103 when a chapter 30, or section 404 permit is required. On private lands that do not require a permit, NR 103 standards are not required.
- Forest management activities on county lands must follow NR 103 standards:
- when a chapter 30, or section 404 permit is required;
- for county forest ten-year comprehensive land use plans; and
- for county forest withdrawals.
Chapter NR 115, Wis. Adm. Code - Wisconsin's Shoreland Management Program.
S. NR 115.05(3)(c), Wis. Adm. Code - Counties are required to adopt minimum standards for the cutting of trees and shrubbery in unincorporated areas to be included in county shoreland ordinances to protect the natural beauty, control erosion and reduce the flow of effluents, sediments and nutrients from the shoreland area. This section includes the following three restrictions:
- 1. In the strip of land 35 feet wide inland from the ordinary high-water mark, no more than 30 feet in any 100 feet shall be clear cut.
- 2. In shoreland areas more than 35 feet inland, trees and shrub cutting shall be governed by consideration of the effect on water quality and consideration of sound forestry practices and soil conservation practices.
- 3. The tree and shrubbery cutting regulations required by this paragraph shall not apply to the removal of dead, diseased or dying trees or shrubbery.
Counties may adopt additional cutting restrictions.
Many counties have adopted language from DNR's Shoreland Zoning Model Ordinance which includes an alternate provision that may allow greater cutting than standards in Chapter NR 115. If counties have adopted this language, their zoning ordinances state that the Planning Zoning Committee (PZC) or the county Board Of Adjustment (BOA) (depending on which group is designated in the ordinance) could approve a special cutting plan allowing greater cutting than the "In the strip of land 35 feet wide inland from the ordinary high-water mark, no more than 30 feet in 100 feet shall be clear cut" standard by issuing a special exception (conditional use) permit. The PZC or BOA may grant a special exception permit only if it finds that the cutting plan will not cause undue erosion or destruction of scenic beauty, and will provide substantial visual screening from the water of dwellings, accessory structures and parking areas. Not all county ordinances include this provision. It remains the responsibility of the logger or land owner to conform and comply with all zoning requirements.
Chapter NR 116, Wis. Adm. Code - Wisconsin's Floodplain Management Program.
Lands subject to hazards from the 100-year flood (also called the regional flood or the 1% chance flood) are mapped and regulated under county, city and village zoning ordinances. NR 116 does not have specific references to forest management practices, however, several sections do apply.
It is illegal to store logs and slash in the floodplain because they would be an obstruction to flood flow.
S. NR 116.12(1)(c), Wis. Adm. Code - states that municipalities shall prohibit the storage of buoyant materials in floodway areas (lands necessary to convey flood flows without obstruction; generally associated with moving water).
S. NR 116.12(2), Wis. Adm. Code - states that all uses and structures (for loggers this would generally refer to stream crossings or culverts) must pass the 100 year flood event without causing an increase of 0.01 feet or greater in the regional flood elevation. In the event they do not, easements may be required from affected upstream landowners for the increased flooding.
S. NR 116.13(6), Wis. Adm. Code - states that for flood fringe areas (floodplain areas outside of the floodway which are covered by flood water during the 100 year flood), the storage of any materials which are buoyant shall be either floodproofed or placed at or above the flood protection elevation. Adequate measures shall be taken to assure that these materials will not enter the river or stream during flooding.
Chapter NR 117, Wis. Adm. Code - Wisconsin's City and Village Shoreland-Wetland Protection Program.
This administrative code requires cities and villages with wetlands greater than 5 acres in size in the shoreland, to adopt shoreland-wetland zoning ordinances. Silvicultural practices are generally allowed in wetlands of cities and villages provided precautions in the construction and maintenance of roads are taken to minimize the adverse impact upon the natural functions of the wetland. Cities and villages may have more restrictive provisions and a special exception permit or conditioned use permit may be required. Contact your city or village for more information.
Chapter NR 118, Wis. Adm. Code - Wisconsin's Lower St. Croix National Scenic Riverway Program.
This code prescribes minimum development standards for the Wisconsin side of the lower St. Croix Riverway. The regulations guide development away from sensitive areas such as shorelines, wetlands, steep slopes and unstable soils.
S. NR 118.06(11), Wis. Adm. Code - states that on lands within 200 feet of the ordinary high-water mark, and 40 feet landward of the bluffline: removal of trees and shrubs is not permitted; cutting provisions may not prevent the removal of diseased or damaged trees, or pruning of trees, cutting of shrubs/grasses, or harvesting of non-wood fiber crops; or forestry practices on woodland tax law or forest crop law lands as long as it is done in a manner that protects the scenic beauty of the river. Vegetative cutting elsewhere in the Lower St. Croix River District may be conducted only where necessary to protect aesthetic values of the area.
S. NR 118.06(12), Wis. Adm. Code - states that grading and filling in excess of that normally required for structure construction or yard maintenance must comply with applicable state laws, and local ordinance conditional permit requirements. The application for a permit is required to include a plan for earth moving activities and a plan for reestablishing vegetative cover.
Some municipalities have ordinances meeting or exceeding the state minimum standards.
Chapter NR 158, Wis. Adm. Code - Notification of the Discharge of Hazardous Substances.
S. NR 158.05, Wis. Adm. Code - Discovery and Notification Requirements. The discharger of a hazardous substance shall immediately notify the department or the designated statewide 24-hour emergency number provided by the division of emergency government. The discharger shall immediately initiate actions necessary to halt the discharge and to restore the environment to the extent practical and shall minimize the harmful effects from any discharge to the air, lands or waters of the state.
Chapter NR 302, Wis. Adm. Code - Management of Wisconsin's Wild Rivers.
This administrative code protects three legislatively designated wild rivers from development: the Pike River in Marinette county, the Pine River in Florence and Forest counties, and the Popple River in Florence and Forest counties. Section NR 302.03(1)(e) states that on lands owned by or under control of the DNR by lease, easement or agreement, timber harvesting is not permitted within 150 feet of the bank on either side of the wild river, except as necessary for erosion control or natural restoration. Beyond 150 feet, timber cutting in accord with guidelines established in the DNR silvicultural and forest aesthetics handbook shall be practiced.
Chapter NR 320, Wis. Adm. Code - Bridges In or Over Navigable Waterways.
This code includes provisions to protect water quality from the construction and maintenance of bridges, including those used for forest roads. Erosion control, floodflow, clearance and navigation requirements are addressed.
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