Intake/Outfall Structures

Question: I want to place an intake or outfall structure on the bed of a lake or river. Do I need to obtain a permit and/or pay a fee?

Answer: Installing an intake or outfall habitat structure is generally exempt from permit requirements, provided your project meets certain standards and is not in a specially designated water. For projects in designated waters, a general permit or an individual permit is required.

Follow the steps below before starting your project.

1. Determine if your waterway has a special designation that might affect the exemption or permit requirements.
2. Determine if your project is exempt.
3. Determine if your project qualifies for a General Permit.
4. Apply for a General Permit.
5. Apply for an Individual Permit.

Step 1

Determine if your waterway has a special designation that might affect the exemption or permit requirements.

Visit the search page below, enter the information about your waterway, and record any designations that it may have.

• Designated Waters Search

Step 2

Determine if your project is exempt. Intake or outfall structures are generally exempt from permit requirements. To qualify for the exemption, key requirements are that the intake or outfall structure may not be located in an "areas of special natural resource interest" (ASNRI), or within a "public rights feature" (PRF).

If your structure will not be in an ASNRI, you may qualify for an exemption if your project meets specific standards. Click on the checklist below to help you determine if your project qualifies for an exemption.

• Checklist: Intake/Outfall Structure [PDF 83KB]

If you would like assistance from the DNR to determine if an activity is eligible for an exemption, download and print the Exemption Determination Request [PDF 25KB], or obtain the form at your local DNR Service Center. Fill in all of the requested information, sign the form, and submit it by mail or FAX to the address on the form. You will receive a response within 15 days of our receipt of your request (provided the owner of the project site has signed the form).

If your fish and wildlife habitat project is not exempt, you'll need to apply for an Individual Permit.

Step 3

Determine if your project qualifies for a General Permit. A General Permit is available for Intake or Outfall Structures. Review the permit conditions found in the application materials in Step 4 to see if your project will qualify. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit (see Step 5).

Step 4

Apply for a General Permit. To apply for a General Permit, open and print the Application Packet and Fee Sheet found below.

• Intake/Outfall General Permit Application Packet [PDF 154KB]
• Fee Sheet [Form #3500-053A, PDF 105KB]

Submit the completed application materials, along with the fee and Fee Sheet, to the location identified on the form. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit.

Step 5

Apply for an Individual Permit. To apply for an Individual Permit, open and print BOTH of the following files:

• Miscellaneous Structures Individual Permit Application [Form #3500-53P, PDF 18KB]
• Fee Sheet [Form #3500-053A, PDF 105KB]

Send the completed application materials, along with the fee and Fee Sheet, to the county where your project is located. For more information about how your application is reviewed, see our web page on the Permit Process.

NOTICE: Federal law requires landowners of construction sites with one acre or more of land disturbance to address erosion control and storm water management by filing a storm water Notice of Intent (NOI). If your project involves the disturbance of an acre or more, you will need to obtain the required storm water application materials.

If you need both a Chapter 30 Intake/Outfall Permit and ch. NR 216 storm water permit coverage, the "Construction Project Consolidated Permit" may be used when applying to both programs. Refer to the Application Instructions available at the link above for proper use of the application. Be advised the submittal should contain all of the application requirements found in either the General or Individual Intake/Outfall Permit Applications found above, which ever your project qualifies for. Failure to submit the required Intake/Outfall application materials will result in longer processing times.

Laws

Applicable statutes and codes include Section 30.12, Wis. Stats. [exit DNR], [PDF 627KB] and Chapter NR 329, Wis. Adm. Code. [exit DNR], [PDF 42KB].

Local permits and U.S. Army Corps of Engineers regulations may also apply. We advise you to contact your local zoning office and your regional U.S. Army Corps of Engineers office [exit DNR].