Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 150. ENVIRONMENTAL ANALYSIS AND REVIEW PROCEDURES FOR DEPARTMENT ACTIONS
Date:
08/31/2009
Document:
NR 150.03 Action type list.
The action type list established in subs. (5) to (8) shall be used to determine the category of the proposed action and the minimum procedural requirements of this chapter as described in s. NR 150.20.
(1) TYPE I ACTIONS. Type I actions are major actions which would significantly affect the quality of the human environment.
(2) TYPE II ACTIONS. Type II actions have the potential to cause significant environmental effects and may involve unresolved conflicts in the use of available resources.
(3) TYPE III ACTIONS. Type III actions normally do not have the potential to cause significant environmental effects, normally do not significantly affect energy usage and normally do not involve unresolved conflicts in the use of available resources.
(4) TYPE IV ACTIONS. Type IV actions include:
(a) Activities exempt by statute;
(b) Enforcement activities;
(c) Emergency activities to protect public health, safety, the human environment;
(d) Ancillary activities which are part of a routine series of related department actions; or
(e) Actions which individually or cumulatively do not significantly affect the quality of the human environment, do not significantly affect energy usage and do not involve unresolved conflicts in the use of available resources.
(5) DEPARTMENT FACILITIES DEVELOPMENT, OPERATIONS, AND OTHER RESOURCE MANAGEMENT. (a) Education, Endangered Resources, Fish, Forestry, Parks and Recreation, Research, and Wildlife Programs.
Action Identification Description of Action Type of
Action
1. New Properties a. Establishment of land acquisition I
projects over 1,000 acres in size and
involving a basic change in existing
land use (e.g., agricultural land
converted to recreational use).
b. Establishment of land acquisition II
projects less than 1,000 acres in size
or over 1,000 acres in size which do
not involve a basic change in existing
land use.
c. Acquisition by fee title of IV
selected parcels of land within
established land acquisition project
boundaries.
2. Property Re-designation The re-designation or exchange of all III
or a portion of an existing department
property to a different use
classification which involves a basic
change in existing land use.
3. Public Access Acquisition and development of sites III
for public access to lakes, rivers and
streams except those projects meeting
the criteria of subd. 4. a.
4. Facilities and Building a. Construction of new buildings, II
Construction campgrounds, roads, scenic overlooks,
parking lots, dams, dikes, flowages,
beaches, trails and other facilities
costing $ 100,000 or more on department
lands or projects which would
involve Type II actions under sub. (8)
if carried out by a private applicant.
b. Construction of new buildings, III
campgrounds, roads, scenic overlooks,
parking lots, dams, dikes, flowages,
beaches, trails and other facilities
costing $ 30,000 to $ 100,000 on
department lands or projects which
would involve Type III actions under
sub. (8) if carried out by a private
applicant.
c. Construction of facilities and IV
buildings costing less than $ 30,000
on department lands, minor
construction activities such as picnic
tables, grills, project signs, pit
toilets and fences; replacement in
kind of existing facilities, leasing
of facilities and buildings; and
remodeling or renovation activities
inside existing buildings.
5. Property Boundary Boundary adjustments to approved land
Adjustments acquisition projects which result in
an increase or decrease of:
a. 160 acres or more. II
b. Less than 160 acres. III
6. Acquisition of Acquisition by fee title of parcels
Undelineated Parcels located outside of established land
acquisition project boundaries where
the total area planned or expected to
be acquired:
a. Exceeds 160 acres in the same II
township.
b. Does not exceed 160 acres in the III
same township.
7. Easements and Leases a. Acquisition of certain land rights IV
for department projects.
b. Conveyance of easements, land use
permits, licenses and leases on
department lands for activities
otherwise listed in subs. (5) to (8)
as:
Type II actions II
Type III actions or unlisted actions III
Type IV actions IV
8. Natural Area Dedications Dedication of natural areas under ss. III
23.27 and 23.29, Stats.
9. Sale of Land a. Recommendations to declare III
state-owned lands as no longer
necessary for the state's use for
conservation purposes under s. 24.085,
Stats.
b. Sale of department lands and IV
recommendations to declare department
lands as no longer needed for
conservation purposes which involve
corrections to errors of survey.
10. Department Gravel Pits a. The creation of sand, gravel or III
borrow pits on department properties
when 50% or more of the material to be
excavated is intended for sale under
s. 23.20, Stats.
b. The sale of materials under s. IV
23.20, Stats., and the creation of
sand, gravel or borrow pits on
department properties except as
provided in subd. 1. a.
11. Habitat Management Actions designed to improve fish and
wildlife habitat including:
a. Forest wildlife habitat activities III
or land clearing involving more than
60 contiguous acres, or more than a
total of 160 acres, within a
department property during a calendar
year;
b. Forest wildlife habitat activities IV
or land clearing involving less than
60 contiguous acres, or less than a
total of 160 acres, within a
department property during a calendar
year;
c. Prescribed burning affecting 60 III
contiguous acres or more within a
department property;
d. Prescribed burning affecting less IV
than 60 contiguous acres within a
department property;
e. Spring pond dredging; II
f. Pothole development; IV
g. All habitat management activities II
involving filling or draining of
wetlands except as provided in subd.
11. h.;
h. Level ditching in wetlands and III
activities affecting less than 5 acres
of wetlands;
i. Installation of fish barriers; II
j. Lake and stream habitat IV
improvement;
Action Identification Description of Action Type of
Action
k. Herbicide treatment activities for
brush control or control of nuisance
vegetation within a department
property during a calendar year
involving:
broadcast application to 160 acres or II
more; broadcast application to less III
than 160 acres; or spot applications; IV
l. Pesticide treatment of public II
waters for removal of rough or
deleterious fish except as provided in
subd. 11. m;
m. Mechanical removal of rough or IV
deleterious fish, or the use of
pesticides in accordance with label
instructions and uses for spot removal
of aggregations of rough or
deleterious fish in public waters; or
n. Trail construction for wildlife IV
management purposes.
12. Silvicultural Practices Actions on department properties
including:
a. Harvesting activities involving III
more than 60 contiguous acres or more
than a total of 160 acres within a
department property during a calendar
year;
b. Harvesting activities involving IV
less than 60 contiguous acres or less
than 160 acres in total within a
department property during a calendar
year;
c. Prescribed burning affecting 60 III
contiguous acres or more;
d. Prescribed burning affecting less IV
than 60 contiguous acres;
e. Forest type conversion; III
f. Chemical pesticide treatment II
activities involving broadcast
application to 160 acres or more
within a department property during a
calendar year.
g. Pesticide treatment activities in III
accordance with registered label
instructions and uses when applied to
less than 160 acres within a
department property during a calendar
year;
h. All nonbroadcast applications of IV
pesticides in accordance with
registered label instructions and uses
including spot applications and row
applications at time of planting; or
i. Tree planting; plantation thinning; IV
timber stand improvement activities
(except pesticide treatments), or
noncommercial cutting for aesthetic
management.
13. Research Projects a. The conduct of research involving II
substantial land, air, water or
habitat manipulation; the use of
pesticides not in accordance with
label instructions and uses; and
laboratory research involving the
potential for material environmental
effects outside the laboratory, or
other actions otherwise listed as Type
II under this section.
b. Projects which do not involve IV
substantial land, air, water, or
habitat manipulation and research
conducted in an office, library,
computer facility and in the
laboratory when there is no potential
for material environmental effect
outside the laboratory as a result of
the conduct of the research, or other
actions otherwise listed as Type III
or IV under this section.
c. Projects involving the field II
testing or release of living matter
prepared by recombinant DNA
techniques.
14. Introduction of New or a. Stocking or introduction of II
Exotic Species wildlife species that are not native
or established in Wisconsin.
b. Stocking or introduction of fish II
species or strains that are not native
or established in Wisconsin's portion
of that major watershed.
15. Routine Wildlife and Routine stocking of fish and wildlife IV
Fish Stocking game species, and reintroduction of
game or nongame species into habitats
formerly containing the species. This
includes stocking of common hybrids
derived from only endemic species.
16. Inventories Includes all surveys conducted in the IV
field for wildlife management, fish
management, forestry, fire control,
environmental protection, natural
areas, rare, threatened or endangered
plant and animal species, and lake
mapping.
17. Trout Stream Classification or reclassification of IV
Designation a trout stream under s. NR 1.02 (7)
and recommendations for addition of
new trout streams to or deletion of
existing trout streams from the
department publication Wisconsin Trout
Streams.
18. Fish Hatchery Procedures including spawning, IV
Operations hatching, disease control and rearing
of both warm water and cold water fish
species at department hatcheries and
rearing ponds. Includes the use of
chemicals or pesticides unless public
waters may be adversely affected.
19. Forest Nursery Procedures including seed procurement, IV
Operations lifting and disbursing plants, and
disease and pest control. Includes the
use of pesticides.
20. State Game Farm Procedures including hatching and IV
Operations rearing wildlife species. Includes the
use of pesticides.
21. Fire Control Operations including training, IV
educational programs and fire
suppression.
22. Farming Operations Activities on department lands, IV
including sharecropping and the use of
pesticides in accordance with label
instructions and uses, for cropping
corn, hay and small grains.
23. Road and Parking Projects which do not entail a major IV
Lot Resurfacing change or extension.
24. Repair and Maintenance Maintenance of existing department IV
facilities to prevent or reduce
deterioration or damage.
25. Aeronautic Operations Aircraft activities for fire detection IV
and suppression, transport of
personnel, resource monitoring,
surveys, census, aerial photography,
and radio telemetry tracking of fish
and wildlife.
26. Park and Forest Activities and programs routinely IV
Operations conducted at department parks such as
nature programs, campground
operations, day use and entertainment
programs, use of pesticides for poison
ivy control, aquatic nuisance control
at beaches, and other uses classified
as Type IV.
27. Operations of the All education and maintenance IV
MacKenzie Environmental activities.
Center
28. Information and Conducted by department personnel in IV
Education Programs schools, with clubs, civic groups,
other similar groups and at organized
exhibitions.
29. Extension Services Services performed by department IV
personnel including technical advice
in forestry, wildlife, land and water
management.
Action Identification Description of Action Type of
Action
30. Gifts and Bequests Money, land, equipment, services, IV
etc., given to the department to
promote activities to benefit natural
resource programs.
31. Other Actions otherwise not listed in subs. III
(5) to (8).
(b) Air, Solid Waste, Water Regulation, Water Resources,
Water Supply and Wastewater Programs.
1. Research Projects a. The conduct of research involving II
substantial land, air, water or
habitat manipulation; the use of
pesticides not in accordance with
label instructions and uses; and
laboratory research involving the
potential for material environmental
effects outside the laboratory, or
other actions otherwise listed as Type
II under this section.
b. Projects which do not involve IV
substantial land, air, water, or
habitat manipulation and research
conducted in an office, library,
computer facility and in the
laboratory when there is no potential
for material environmental effect
outside the laboratory as a result of
the conduct of the research, or other
actions otherwise listed as Type III
or IV under this section.
c. Projects involving the field II
testing or release of living matter
prepared by recombinant DNA
techniques.
2. Inventories Includes all surveys in the field for IV
environmental protection.
3. Information and Conducted by department personnel in IV
Education Programs schools, with clubs, civic groups,
other similar groups and at organized
exhibitions.
4. Extension Services Services performed by department IV
personnel including technical advice
in air, land and water management.
5. Gifts and Bequests Money, land, equipment, services,
etc., given to the department to
promote activities to benefit natural
resource programs.
6. Other Actions otherwise not listed in subs. III
(5) to (8).
(6) PLANS AND POLICY RECOMMENDATIONS.
(a) Fish, Forestry, Education, Parks and Recreation, Research,
and Wildlife Programs.
1. Board Policies a. Policies proposed for natural II
resources board approval which are a
basic change in existing department
practice and which, upon
implementation, will have material
effects on the human environment.
b. Policies proposed for natural IV
resources board approval affecting
personnel, administrative operating
procedures, etc., and policies
affecting department resource
management and regulatory activities
which are not a basic change in
existing department practice or which,
upon implementation, will not have
material effects on the human
environment.
2. Legislation a. Department proposals for new II
programs or major changes in existing
programs, the implementation of which
would have material effects on the
human environment.
b. Proposals for new programs that IV
would not result in material effects
on the human environment and for minor
changes in existing programs.
c. Budget proposals to continue IV
funding of existing programs.
3. Administrative Rules a. Promulgation of new rules or II
changes in existing rules when the
implementation of the proposed rule
will have material impacts on the
human environment, and the department
has substantial discretion in
formulating important provisions of
the rule. Editorial changes in or
clarifications of existing rules and
the codification of existing
department practices are excluded.
b. Promulgation of new rules, III
emergency rules or changes in existing
rules when: the implementation will
not have material impacts on the human
environment, or the department has
limited discretion in formulating all
important provisions of the rule.
c. Promulgation of emergency rules to IV
relieve conditions that are hazardous
to life, health, property or the
environment.
d. Revisions to ch. NR 5 regarding IV
slow-no-wake speed restrictions.
e. Revisions to ch. NR 46 regarding IV
stumpage values.
f. Revisions to ch. NR 11, 15 or 26 IV
regarding refuges and closed areas.
4. County Forest Ten Approvals of plans covering management
Year Plans activities on county forests where the
proposed activities would be:
a. Type II actions if carried out by II
the department.
b. Type III actions if carried out by III
the department.
c. Type IV actions if carried out by IV
the department.
5. Long Range Plans a. Plans or modifications of plans II
adopted or approved by the department
outlining a specific long range course
of action that would essentially
pre-determine future individual
department actions that may
significantly affect the human
environment.
b. Plans or modifications of plans IV
adopted or approved by the department
that would not essentially
pre-determine future individual
department actions or significantly
affect the physical or biological
environment.
c. Program strategic plans. IV
6. Master Plans and a. Conceptual elements of all master II
Management Plans plans.
b. Conceptual elements of management II
plans for individual department
properties that involve activities
otherwise listed as Type II under this
section.
c. Conceptual elements of management
plans for individual department
properties unless it involves
activities otherwise listed as Type II
under this section.
d. Implementation elements of master IV
plans and management.
7. Environmental Planning and carrying out III
Restoration comprehensive restoration or aquatic
environments unless it involves
activities otherwise listed as Type II
8. Closed areas Established on department properties IV
for fish management, wildlife
management or human safety under s. NR
45.04 or 11.13.
Action Identification Description of Action Type of
Action
(b) Air, Solid Waste, Water Regulation, Water Resources, Water
Supply and Wastewater Programs.
1. Board Policies a. Policies proposed for natural II
resources board approval which are a
basic change in existing department
practice and which, upon
implementation, will have material
effects on the human environment.
b. Policies proposed for natural IV
resources board approval affecting
personnel, administrative operating
procedures, etc., and policies
affecting department resource
management and regulatory activities
which are not a basic change in
existing department practices or
which, upon implementation, will not
have material effects on the human
environment.
2. Legislation a. Department proposals for new II
programs or major changes in existing
programs, the implementation of which
would have material effects on the
human environment.
b. Proposals for new programs that IV
would not result in material effects
on the human environment and for minor
changes in existing programs.
c. Budget proposals to continue IV
funding of existing programs.
3. Administrative Rules a. Promulgation of new rules or II
changes in existing rules when the
implementation of the proposed rule
will have material impacts on the
human environment, and the department
has substantial discretion in
formulating important provisions of
the rule. Editorial changes in or
clarifications of existing rules and
the codification of existing
department practice are excluded.
b. Promulgation of new rules, III
emergency rules or changes in existing
rules: The implementation will not
have material impacts on the human
environment, or the department has
limited discretion in formulating
important provisions of the rule.
c. Promulgation of emergency rules to IV
relieve conditions that are hazardous
to life, health, property or the
environment.
4. Long-Range Plans a. Plans or modifications of plans II
adopted or approved by the department
outlining a specific long-range course
of action that would essentially
pre-determine future individual
department actions that may
significantly affect the human
environment.
b. Plans or modifications of plans IV
adopted or approved by the department
that would not essentially
pre-determine future individual
department actions or significantly
affect the physical or biological
environment.
c. Program strategic plans. IV
5. Areawide Water Quality Adoption, revision, additions, updates II
Management Plans or other modifications under ch. NR
121 for: a. Delineation of areas over
1000 acres that may be served by a
sewage collection system.
b. Delineation of areas that may be II
served by a sewage collection system
where the sum of the service area
changes result in a cumulative
increase to the service area of more
than 5% during a calendar year.
c. Delineation of areas that may be III
served by a sewage collection system
and include wetlands, floodways or 60
contiguous acres or more.
d. Other plan elements that would III
predetermine future department actions
under ss. 281.41 and 283.31, Stats.,
or s. NR 110.08 (4) which require
conformance to the areawide plan.
e. Other. IV
6. Priority Watershed Plans Approval of plans under ch. NR 120. IV
7. Emergency and Remedial a. Remedial action plans or III
Response Plans modifications of plans adopted by the
department for projects funded by the
environmental fund under s. 292.31,
Stats., to respond to sites or
facilities which pose a substantial
danger to public health or welfare or
the environment.
b. Remedial action plans or IV
modifications of plans approved by the
department under environmental repair
contracts entered into pursuant to s.
292.31, Stats.
c. Emergency environmental restoration IV
plans including plans for emergency
action in response to hazardous
substance spills under s. 291.11,
Stats., and plans for emergency
response under s. 292.31, Stats.
(7) FINANCIAL ASSISTANCE. (a) Education, Fish, Forestry, Parks and
Recreation, Research, and Wildlife Related.
1. General Criteria Grants, aids, loans or other financial
assistance for all or part of a
proposal that would involve:
a. Type H actions if carried out by II
the department.
b. Type DI actions if carried out by III
the department.
2. LAWCON Grants New individual land and water
conservation fund (LAWCON) grants to
local units of government for:
a. Initial acquisition or development II
of a new community-wide park.
b. Initial acquisition, expansion or IV
initial development of a new
neighborhood park except as provided
under subd. 1.
c. Acquisition or development, IV
except under subd. 1. or 2. a. or b.
3. State Grants for Local a. New individual grants to local IV
Parks and County units of government under s. 23.09
Conservation Aids (12), Stats., for enhancing fish and
wildlife habitat activities except
those under subd. 1.
b. New individual grants to local IV
units of government under s. 23.09
(11), Stats., for the initial
acquisition or development of a new
park or for additional acquisition or
development in any existing park
except under subd. 1.
4. Snowmobile and Grants to local units of government
Motorcycle Grants under ss. 23.09 (25) (a), (26), 23.33
and 350.12 (4), Stats., for
acquisition, development and
maintenance of snowmobile and
off-road-vehicle trails and facilities
when the project involves:
a. New trails and extensions to II
trails.
b. Modifications to existing trails. III
5. Park and Forest Grants to towns and counties under s. IV
Road Aids 23.09 (27), Stats., for repair,
maintenance or renovation of existing
roads within or bordering department
parks and forests.
6. State Forestry Loans Loans issued under s. 28.11 (8) (b) IV
2., Stats., except those under subd.
1.
Action Identification Description of Action Type of
Action
7. Wildlife Habitat Grants New individual grants to counties IV
under s. 23.09 (17m), Stats., for land
management practices benefiting
wildlife except those under subd. 1.
8. Wildlife Damage Aids Grants to counties under s. 29.889, IV
Stats., for wildlife damage claims and
prevention measures.
9. Scenic Urban Waterway Grants to municipalities under s. III
30.275, Stats., except those under
subd. 1. a.
(b) Air, Solid Waste, Water Regulation, Water
Resources, Water Supply and Wastewater Related.
1. Lake New individual grants to lake
management organizations for proposals
involving:
Management Grants a. Actions otherwise listed as Type II II
under this section.
b. Actions that would be Type III III
under this section.
c. Actions that would be Type IV under IV
this section,
d. Feasibility studies. IV
2. Nonpoint Source Grants to designated management IV
Pollution Abatement Grants agencies under s. 281.65, Stats., to
implement priority watershed plans and
local abatement priority projects.
3. Wastewater Facility New individual grants under the IV
Grants Wisconsin fund point source program,
or department recornmendation for new
individual grants or advance of
allowance under the federal
construction grants program, to
municipalities for facilities planning
(step one), development of plans and
specifications (step two), or
construction (step three).
4. Individual Septic Tank Grants to counties under s. 145.245, IV
Replacement or Stats., for failing private sewage
Rehabilitation systems.
5. Revenue Sharing Bond Certification of pollution abatement IV
facilities.
6. Pollution Tax Exemptions Certification or approval for water IV
pollution control facilities tax
exemptions.
7. Feasibility Study Grants State grants to local units of IV
government to conduct feasibility
studies.
8. Solid Waste Management Grants under ss. 287.23 and 287.25, IV
Grants Stats., to develop area wide solid
waste management plans, feasibility
studies, waste reduction and recycling
plans, and demonstration projects.
9. Well Compensation Grants Grants under s. 281.75, Stats., to IV
individuals or municipalities to
replace a contaminated water supply.
10. Floodplain and Grants to municipalities under s. IV
Shoreland Mapping Grants 87.31, Stats., to undertake mapping of
flood plain and shoreland areas.
(8) REGULATION. (a) Various Programs.
2. Metallic Ore Refining Department regulatory actions I
involving any new metallic ore
refinery intended for commercial
production.
3. Confidential Status Actions on requests for confidential IV
status under s. NR 2.19.
4. Administrative Actions under ss. 227.11 (2) (a) and IV
Procedural Regulations 227.46 (1), Stats.
5. Reports and Fees for Actions for s. 299.15, Stats., for IV
Environmental Discharges effluent discharges and air emissions.
6. Air and Water Quality Department acceptance of air and water IV
Testing and Monitoring quality monitoring by private
applicants under ss. 281.97 and
285.13, Stats., actions relating to
air pollution source reporting,
record-keeping, testing, compliance
determination methods and
instrumentation under ch. NR 439 and
approval of reference and equivalent
procedures for measuring air quality
under s. NR 404.06.
7. Operator Certification Certification of operators of IV
waterworks and wastewater treatment
plants under s. 281.17 (3), Stats.,
and ch. NR 114.
8. Commence Site Work Approvals and waivers allowing site IV
preparation prior to approval of
approval of a facility.
9. Enforcement a. All enforcement and rescue IV
procedures and actions by department
staff including conservation wardens,
special wardens, and pilots.
b. Issuance of orders under s. 299.91, IV
Stats.
c. Adoption of approval of enforcement IV
plans to meet established standards or
policies.
d. Appropriation requests initiated by IV
the department or developed on request
by the department.
e. Issuance of orders to discontinue IV
the manner or site of refuse disposal
in areas subject to flooding, under s.
144.045, 1989 Stats.
f. Issuance of orders, under s. 60.72, IV
Stats., establishing a town sanitary
district when a town fails to do so
and private sewage disposal systems or
private water supply systems are
located as to tend to cause a menace
to health or comfort or pollution of
surface waters.
10. Birds or Animals Permits to eradicate or control issued IV
Causing Dainage under ss. 29.885, 29.887, 29.889, and
94.67 to 94.71, Stats.
11. Boat Registration Registration under ss. 30.50 to 30.80, IV
Stats.
12. Scientific Collectors Issuance of permits under s. 29.614, IV
Permits Stats.
13. Competitive Events on Issuance of permits under ss. 23.09 to IV
Department Lands 23.11 and 29.321, Stats. IV
14. Guide Licenses Issuance of licenses under ss. 29.512
and 29.514, Stats.
15. State Park, Forest Issuance of admission stickers and IV
and Trail Admission tags under s. 27.01 (2r), Stats.
16. Snowmobile and ATV Registration under s. 350.12 or 23.33, IV
Registration Stats.
17. Wild Rice and Ginseng Issuance of licenses under ss. 29.607 IV
Licenses and 29.611, Stats. IV
18. Endangered Species Issuance of permits under s. 29.604,
Permits Stats., to take, export, transport,
possess or propagate endangered
species.
19. Permits to Introduce Issuance of permits under s. 29.745,
Fish and Game Stats., for:
a. Wildlife species that are not II
native or established in Wisconsin.
b. Fish species or strains that are II
not native or established in
Wisconsin's portion of that major
watershed.
c. Stocking into habitats containing IV
that species.
20. Concession Agreements Agreements allowing operations of IV
concessions within state parks under
s. 27.01, Stats.
Action Identification Description of Action Type of
Action
21. Denials a. Denial of actions listed in this II
section as type II unless denied for
procedural rather than substantive
reasons.
b. Other denials. IV
22. Wetland conservation Issuance of permits under s. NR 353.07 IV
permits or 353.10.
23. Wetland conservation Issuance of permits under s. NR III
permits 353.09.
(b) Air Management.
1. Air Pollution Control Permits issued under ss. 285.60 and
Permits 285.61 (8), 285.62 (7), Stats., and
permit alterations under s. 285.67 (1)
(e), Stats., for:
a. New sources or modifications or
relocations of existing sources
resulting in a potential for increased
emissions of particulate matter,
sulfur dioxide, carbon monoxide,
oxides of nitrogen, volatile organic
compounds, lead or lead compounds:
-100 tons or more per year after II
controls,
-100 tons or more per year before III
controls.
-Less than 100 tons per year before IV
controls unless analysis is required
under s. 285.63 (2) (d), Stats.
b. New or modified parking facilities, II
highways or airports reviewed under
ch. NR 411.
c. New sources or modifications or III
relocations of existing sources
resulting in a potential for increased
emissions, before controls, of any
hazardous air contaminant;
d. Any new or modified source III
requiring analysis under s. 285.63 (2)
(d), Stats.;
e. Existing sources of air IV
contaminants; or
f. Reconstruction or replacement of III
existing sources of air contaminants.
2. Permit Alterations, Permit extensions, alterations, IV
Exemptions and Variances variances, approvals and exemptions
from emission limits under s. 285.66
(1), Stats., or ch. NR 406 or 407, ss.
NR 436.05 or 436.06, 439.055 (I),
436.03 (2), 413.05 (2), 422.03 (5),
423.03 (2) (b) or 425.04 (4).
3. Local Air Pollution Actions under s. 285.75 or IV
Control Programs 285.73, Stats., or s. NR 403.03 for
county air pollution control programs.
4. Emission Plans and Actions under s. NR 436.03 or 493.04, IV
Programs ch. NR 415, 417, 418, 419 to 425 or
431 on RACT compliance plans, emission
control action programs and
maintenance, startup or shutdown
emission plans or schedules.
5. Open Burning Methods; Approvals of methods under s. NR IV
Habitat Management Burns 429.04 (1) (i) or (k) or approval of
prescribed bums for forest or wildlife
habitat management under s. NR 429.04
(1) (c).
6. Nonattainment Area Issuance of documents defining, IV
Documents; Sources listing, describing or identifying
Affected nonattainment areas or air contaminant
sources under ch. NR 401 and s.
285.23, Stats.
7. Portable Source Approval s. NR 406.15 (3) and s. IV
Relocation 285.60, Stats., for portable sources
of air contaminants. IV
8. Auto Emission Certification or withdrawal of
Inspections certification under s. 285.30, Stats.,
of counties where inspections are
required.
9. Enforcement a. Issuance of orders under s. 285.13, IV
Stats., to effectuate the purposes of
ch. 285, Stats., pertaining to air
quality.
b. Activities under s. 285.83, Stats., IV
to correct violations of ch. 285,
Stats., pertaining to air quality.
c. Issuance of orders to reduce or IV
discontinue air contaminant emissions
in the event of an emergency, under s.
285.85, Stats.
d. Requiring corrective measures upon IV
determination that a local air
pollution control program is
inadequate, under s. 285.73 (4),
Stats.
e. Alteration, suspension, or IV
revocation of permits under s. 285.67,
Stats., except as provided in s.
285.67 (1) (e), Stats.
(c) Fish Management.
1. Children's Fish Pond Issuance of licenses under ss. 23.09 IV
License and 23.11, Stats.
2. Commercial Fishing Issuance of licenses under ss. 29.516 IV
License to 29.533, Stats.
3. Wholesale Fish Issuance of licenses under s. 29.503, IV
Dealers' License Stats.
4. Rough Fish Transport Issuance of permits under s. 29.407,
Permit Stats. IV
5. Sport Fishing Licenses Issuance of licenses under ss. 29.219 IV
to 29.231, Stats.
6. Bait Dealers' Permit Issuance of permits under s. 29.509, IV
Stats.
7. Private Fish Management Issuance of permits under s. 29.737, Iv
Permits Stats.
8. Private Fish Hatchery Issuance of permits under s. 29.733, IV
Permits Stats.
9. Permits to Take Rough Issuance of licenses under s. IV
Fish 29.417, Stats.
10. Sturgeon Spearing Issuance of licenses under s. IV
Licenses 29.237, Stats.
11. Net and Set Line Issuance of licenses under ss. 29.516 IV
Licenses for Inland Waters and 29.533, Stats.
12. Net and Set Hook Issuance of licenses under s. 29.519, IV
Licenses for Outlying Stats.
Waters
13. Net Licenses for Issuance of licenses under s. 29.523, IV
Mississippi and St. Stats.
Croix Rivers
14. Slat and Trammel Net Issuance of licenses under s. 29.526, IV
Licenses for the Stats.
Mississippi River
15. Set or Bank Pole Issuance of licenses under s. 29.531, IV
Licenses Stats.
16. Certification of Certification under s. 29.733, Stats. IV
Municipal Fish Hatcheries
17. Abandonment of Ways Approval of resolutions or ordinances III
to Water adopted by a municipality under s.
80.41, Stats.
(d) Forestry.
1. County Forest Approval of withdrawals of lands under
Land Withdrawal s. 28.11, Stats., for:
IV
a. Withdrawal of land due to errors of
title or survey.
b. Withdrawal of land outside of III
county forest boundaries and not
entered as special-use lands.
c. Other withdrawals. II
Action Identification Description of Action Type of
Action
2. Forest Crop Law Withdrawal of lands from the program IV
under s. 77.10, Stats.
3. Woodland Tax Law Withdrawal of lands from the program IV
under s. 77.16. Stats.
4. Managed Forest Land Law Entry or withdrawal of lands from the IV
program under ss. 77.82 and 77.88,
Stats.
5. County Forest Mineral Approval of agreements entered into by IV
Prospecting Agreements counties under s. 28.11 (3) (i),
Stats., to prospect for ore or
minerals on county forest lands.
6. Burning Permits Issuance of permits in intensive and IV
extensive fire control districts under
s. 26.12, Stats.
(e) Solid Waste.
1. Metallic Mining a. Department regulatory actions, I
including permits to mine issued
pursuant to s. 293.49, Stats.,
relating to new mines or to expansions
of existing mines, where one or more
of the following conditions apply to
the new mine or to the expansion: The
estimated weight of the ore deposit
exceeds 5 million tons; The land area
directly committed to mining
operations, including waste disposal,
exceeds 160 acres; or The principal
ore being mined will generate
radioactive waste products.
b. Permits to prospect issued under II
s. 293.45, Stats.; permits to mine
issued under s. 293.49, Stats., for
existing mines or expansions of
existing mines; and permits to mine
issued under s. 293.49, Stats., for
new mines where:
The estimated weight of the ore body
is 5 million tons or less,
The land area directly committed to
mining operations, including waste
disposal is 160 acres or less, and
The principal ore being mined will not
generate radioactive waste products..
2. Metallic Mining Certification of completion or partial IV
completion of the reclamation plan and
the release of reclamation bonds under
s. 293.63, Stats.
3. Metallic Minerals Issuance of licenses, certificates of IV
Exploration License completion, and bond releases to
individual explorers under s. 293.21,
Stats.
4. Hazardous Waste Disposal Department regulatory actions I
Facility involving new facilities with a total
area of over 80 acres committed to
solid and hazardous waste disposal or
a total volume of over one million
cubic yards intended for solid and
hazardous waste disposal.
5. Solid and Hazardous Report approvals under ss. 289.25 and
Waste Feasibility Reports 289.53, Stats., chs. NR 157, 182, 512
and 680 for:
a. New solid waste landfills, or II
expansion of existing solid waste
landfills, with a new or additional
design capacity of over 500,000 cubic
yards.
b. New solid waste landfills, or III
expansion of existing solid waste
landfills, with a new or additional
design capacity of 500,000 cubic
yards, or less.
c. Any hazardous waste or PCB disposal II
facility except for those meeting the
criteria listed under subd. 4.
d. Any metallic mining waste facility. II
e. Any hazardous waste treatment, II
including incineration, or storage
facility except under subd. 5. f.
f. Small storage facilities for IV
hazardous waste under s. NR 640.07.
Note: Section NR 640.07 no longer
exists.
6. Solid Waste Plan Plan approvals under chs. NR 502, 503,
of Operation 514 and 518, for:
a. Transfer, municipal solid waste II
combustor, containerized storage,
processing or incinerator facilities
with a design capacity equal to or
greater than 50,000 cubic yards or 100
tons per day (wet weight).
b. Transfer, municipal solid waste IV
combustor, containerized storage,
processing or incinerator facilities
with a design capacity of less than
50,000 cubic yards or 100 tons per day
(wet weight).
c. Noncontainerized storage facilities IV
with a design capacity equal to or
greater than 50,000 cubic yards or 100
tons per day (wet weight).
d. Noncontainerized storage facilities
for non-hazardous solid waste with a
design capacity of less than 50,000
cubic yards or 100 tons per day (wet
weight).
e. Solid waste landfills or hazardous IV
waste facilities under s. 289.30,
Stats.
f. Land spreading of solid waste under III
s. NR 518.06.
g. Yard, farm and vegetable food waste III
facilities under s. NR 502.12
7. Operating Licenses Issuance of licenses under s. 289.31, IV
Stats., for solid waste facilities or
hazardous waste facilities.
8. Radioactive Waste Approval of drilling for site II
exploration under s.. 293.25, Stats.
9. Construction Approval of reports for solid or IV
Documentation Reports hazardous waste facility under chs. NR
502, 503, 516, and s. 660.16 or
680.08.
10. One-Time Disposal, Approval of facilities for one-time IV
Construction and Demolilion disposal of solid waste or
Landfills construction and demolition landfills
with a design capacity equal to or
less than 250,000 cubic yards under
ch. NR 503.
11. Closure Plans Approval of plans for the closure of a IV
solid or hazardous waste facility
under s. NR 514.08 or 685.05.
12. Solid Waste Air Curtain Licenses issued under s. 289.51, IV
Destructor and Wood Stats., and approvals of air curtain
Burning Facilities destructor and wood burning facilities
under ch. NR 502.
13. Solid Waste Exemptions Exemptions from licensing granted III
under s. 289.43, Stats., or chs. NR
500 to 538.
14. Monitoring Plans Approval of new or modified monitoring IV
plans at facilities licensed under ch.
NR 507.
15. Hazardous Waste Variances, waivers and exemptions from IV
Variances, Waivers and licensing requirements under s.
Exemptions 291.31, Stats., s. 600.09 or 680.50.
16. Hazardous Waste Issuance of transportation service IV
Licenses licenses under s. 291.23, Stats.
Action Identification Description of Action Type of
Action
17. Engine Waste Oil Plans Approval of informal plans of IV
operation for collection and storage
facilities under s. NR 590.23.
Note: Section NR 590.23 no longer
exists.
18. Tonnage Fees and Actions under subchs. IV and VI, ch. IV
Financial Responsibility 289, Stats., for solid or hazardous
waste landfills.
19. Enforcement a. Issuance of orders under s. 293.15 IV
(3), Stats., directing particular
prospectors or operators to comply
with ch. 293, Stats.
b. Issuance or orders to mine IV
operators to comply with mining and
reclamation plans, under s. 293.83,
Stats.
c. Performance of actions ordered IV
under s. 293.83, Stats., in the event
of noncompliance, under s. 293.83,
Stats.
d. Issuance of enforcement orders IV
under ss. 289.95 or 289.97, 291.85 and
291.95; Stats.
e. Issuance of orders. referrals to IV
the department of justice, and other
department actions under s. 292.11
(3), (4) and (7), Stats., and ch. NR
728.
f. Waivers of compliance issued to IV
prevent emergency conditions under ss.
289.43 and 291.23 (3), Stats.
(f) Water Regulation.
1. Dredging Permits and contracts involving lakes
and harbors, rivers and streams under
s. 30.20, Stats., that involve:
a. The removal of 3,000 cubic yards or II
more of material except when restoring
the original dimensions of an area
legally dredged during the 10 years
prior to the date of application;
b. A potential for sediments to be II
characterized as a hazardous substance
exists and more than 7 cubic yards of
material would be removed;
c. Draining or filling affecting II
wetlands greater than 5 acres in size;
d. Draining or filling affecting III
wetlands smaller than 5 acres;
e. All other activities. Activities IV
2. Enlargement or defined in s. 30.19, Stats.,
Alterations of Waterways involving:
a. Connected waterways except as II
provided under subd. 2. c.;
b. Unconnected waterways and grading
when related to:
Extraction of minerals or mineral II
aggregates,
Draining or filling affecting II
wetlands, greater than 5 acres in size
Draining or filling affecting wetlands III
smaller than 5 acres, Other
activities;
c. Boat slips for the private use of IV
riparian property owners.
3. Channel Changes Approvals to
change the course of a navigable
stream under s. 30.195, Stats.,
involving:
a. Over 500 feet of stream length; II
b. 500 feet or less of stream length. III
4. Fills or Structures a. Permits issued under s. 30.12 (2), III
Below the Ordinary High Stats., for structures on the beds of
Watermark navigable waters.
b. Permits for sand blankets, fish IV
cribs, shoreline protection and fords
5. Bulkhead Line pursuant to s. 30.12 (3) (a) 1., 2.,
3., and 4., Stats. Approvals of
ordinances or proposed leases for
modification of existing shorelines:
a. Under s. 24.39, Stats. II
b. Under s. 30.11, Stats. III
6. Pierhead Lines Approvals of pier head line ordinances IV
and maps adopted under s. 30.13, Stats.
7. Dams Permits or approvals under ch. 31,
Stats., for:
a. Constructing, raising, enlarging or II
abandoning large dams in navigable or
nonnavigable waters.
b. Additions or substantial II
alterations to large dams in navigable
waters that may affect the level of
the flowage or release of water
downstream.
c. Additions or alterations except as IV
provided under subd. 7. b.
d. Constructing, raising, enlarging or III
abandoning in navigable or
nonnavigable waters except as provided
under subpar. a.
e. Transfers of ownership. IV
Note: Large dams as defined under s.
31.19, Stats.
8. Water Level Control a. Establishment of new levels, flow
releases or approval of drawdowns of
controlled lakes and flowages under II
s.. 31.02, Stats., for:
Large dams, IV
except as provided under subd. 8. c.
and d., Other dams.
b. Establishment of historic levels or IV
flow releases for controlled lakes and
flowages.
c. Approval of temporary drawdowns to III
conduct safety inspections.
d. Approval of temporary drawdowns to IV
relieve conditions which are unsafe or
dangerous to life, health or property;
under ss. 31.02 and 31.19, Stats.
9. Surface Water Diversion a. Permits to divert water under ss. II
30.18 (2) (a) 1., 30.18 (2) (b) or
293.65, Stats.
b. Permits to divert water under s. IV
30.18 (2) (a) 2., Stats., for
agricultural and irrigation purposes.
c. Registration of new or increased IV
surface water uses under s. 281.35,
Stats.
10. Enclosure of Waterways Permits to enclose navigable waters II
under s. 30.196, Stats.
Action Identification Description of Action Type of
Action
11. Bridges and Culverts Authority to construct bridges and IV
roadway culverts across navigable
waters under ss. 30.10, 30.12, 30.123
and 32.23, Stats.
12. Barge Fleeting Approval of barge fleeting areas under
s. 30.10, Stats., and ch. NR 327 for:
a. Areas established and used for the III
past 10 years,
b. Other areas. II
a. Type IL II
b. Type III III
c. Type IV IV
13. Drainage Approvals of drainage board actions
affecting navigable waters under s.
88.31, Stats., where those actions
under chs. 30 and 31, Stats., are
designated:
14. Floodplain Zoning Approvals of ordinances and amendments IV
under s. 87.30, Stats.
15. Shoreline Zoning and Approval of ordinances, wetland IV
Wetland Mapping inventory maps and amendments under
ss. 59.971, 61.351, 62.231 and 281.31,
Stats.
16. Floodplain Studies Approvals of hydraulic and hydrologic IV
data and studies related to
delineation of the floodplain or
floodway or to determine the effects
of proposed developments under s.
87.30, Stats.
17. Boathouse Repair Cost Certification of required maintenance IV
Certification and repair costs under ch. NR 325.
18. Water Quality Certification or waiver of the right IV
Certification to certify under s. 401 (a), 33 USC
1341. Exceptional cases such as those
involving filling of unusually
valuable wetlands may require further
analysis.
19. Enforcement a. Adoption of a shoreland zoning IV
ordinance, under s. 59.971, Stats.,
for counties that fail to adopt an
adequate ordinance.
b. Adoption of a floodplain zoning IV
ordinance, under s. 87.30, Stats., for
municipalities that fail to adopt an
adequate ordinance.
c. Adoption of a shoreland-wetland IV
zoning ordinance under s. 61.351 or
62.231. Stats., for a city or village
that fails to adopt an adequate
ordinance.
d. Issuance of orders, under ss. IV
30.03, 30.121, 30.195 (5) and (6),
31.02, 31.18, and 31.19, Stats., and
ch. NR 330, directing performance or
discontinuance of acts necessary to
protect public rights or interest in
navigable waters.
(g) Water Resources.
1. Aquatic Nuisance Control Permits under s. 281.17 (2), Stats.,
for:
a. Mosquito larvaciding involving II
application to over 160 acres.
b. All other activities. IV
(h) Water Supply.
1. High Capacity Well Permits and approvals issued under s. IV
Permits 281.17 (1), Stats.
2. Well Drillers, Pump Issuance of permits under s. 280.15, IV
Installers Permits Stats.
3. Private Wells Determinations of compliance with ch. IV
NR 812.
4. Water Supply Systems Plan approvals under s. 281.41, IV
Plan Approvals Stats., for public water main
extensions and waterworks.
5. Equipment and Material Determinations of acceptability under IV
ch. NR 812.
6. County Programs Authorization to adopt, and approval IV
of ordinances and amendments under s.
162.07, Stats., for county enforcement
programs.
7. Enforcement Issuance of orders, under ch. 280, IV
Stats., to require system
modification, upgrading or
abandonment.
(i) Wastewater.
1. Sewer Extension Plan Department approval of extension of
Approval wastewater collection systems under s.
281.41, Stats., that:
a. Pass through a wetland area greater II
than 5 acres;
b. Has a pipe diameter greater than 18 II
inches;
c. Involves an extension where the II
department determines that a potential
exists for significant primary or
secondary environmental impacts; or
d. Represents other extensions not IV
listed under subd. 1. a. to c.
2. WPDES Permits Permits issued under s. 283.31, 283.35
or 283.53, Stats., for:
a. Issuance or modification of permits II
for substantially increased levels of
pollutant discharge resulting from
activities to increase production
capacity at existing facilities, or
for discharges from facilities which
result in development of a new site.
b. Issuance or substantial II
modifications for general permits.
This does not include a determination
that a discharge is covered by an
existing general permit.
c. Discharges to surface or III
groundwaters from new municipal and
industrial wastewater facilities which
will not result in development of a
new site or which are for the purpose
of bringing an existing discharge into
compliance with applicable standards
or which do not result in
substantially increased levels of
pollutant discharge. This includes
increased permit limits to comply with
the requirements of s. 283.11, Stats.
d. Relocation of an existing discharge III
to a new receiving water.
e. Individual permits for existing IV
discharges.
f. Modifications of individual permits IV
for existing discharges not resulting
from activities to increase production
capacity at existing facilities and
which do not involve a change in
receiving water.
g. Discharges from the relocation of IV
land spreading systems and discharges
from Type IV dredging operations.
Action Identification Description of Action Type of
Action
3. Wastewater Plan Plan approval under s. 281.41, Stats.,
Approvals for:
a. Municipal and industrial wastewater II
facilities which will result in
substantially increased levels of
pollutant discharge, or in the
development of a new site and which
are not for the purpose of bringing an
existing discharge into compliance
with applicable standards.
b. Municipal and industrial wastewater IV
facilities except those under subd. 3.
a.
c. Relocation of land spreading sites. IV
4. Wastewater Sludge Approvals under s. 281.41 or 283.31,
Disposal Stats., for:
a. Sludge storage facilities III
constructed away from the wastewater
treatment plant site;
b. Sludge storage facilities IV
constructed at the wastewater
treatment plant site;
c. High-rate land spreading of III
sludges;
d. Approval of land spreading of IV
sludge, except for high rate disposal.
5. Municipal Wastewater Approval of facilities plans under s.
Facilities Plans NR 110.08 (1), for:
a. New municipal sewage treatment II
plants,
b. Other reviewable projects which III
will increase the capability of an
existing treatment facility,
c. Reviewable projects which will not IV
increase the capacity of an existing
treatment facility.
6. Industrial Pretreatment Plan approvals under s. 281.41,
Stats., for industrial wastewater
pretreatment facilities which:
a. Result in new process wastewater
contribution to a publicly owned
treatment works (POTW), and are
expected to discharge a toxic
pollutant as defined in ch. NR 215,
and are expected to have an average
wastewater discharge flow greater than
1% of the current average annual flow
of the POTW receiving the wastewater;
or
b. Result in a new process wastewater III
contribution to a POTW, and are
expected to increase the current
average annual flow of the POTW
receiving the wastewater by 5% or
50,000 gpd, whichever is greater;
c. Involve all other activities. IV
7. Septage Activities under s. 281.48, Stats.
a. Issuance of licenses for servicing IV
septic tanks, soil absorption fields,
holding tanks, grease traps and
privies.
b. Approval of county programs to IV
regulate the disposal of septage.
8. Enforcement a. Issuance of special water pollution IV
abatement orders under s. 281.19 (2)
(a), Stats.
b. Issuance of temporary emergency IV
orders under s. 281.19 (2) (b), Stats.
c. Issuance of orders to enforce IV
agreements to control pollution of
interstate waters under s. 281.12 (5),
Stats.
d. Issuance of orders to abate or IV
department abatement of nuisances
under ss. 146.13 and 146.14, Stats.,
under s. 281.19 (4), Stats.
e. Issuance of orders to obtain IV
specific operating results from or to
require modifications to, extensions
of or replacement of systems or plants
which tend to create a nuisance or
menace to health or comfort under s.
281.19 (5), Stats.
f. Prohibition of the installation or IV
use of septic tanks in areas where
they would impair water quality, under
s. 281.17 (5), Stats.
g. Department performance of actions IV
ordered under s. 281.19 (2) and (5),
Stats., in cases of noncompliance and
collection of the costs from the
noncomplying owner, under s. 281.19
(7), Stats.
h. Issuance of orders under s. 281.47, IV
Stats., to owners of treatment plants
to file plans for construction
necessary to comply with the
limitations imposed upon discharges of
effluent, in counties exceeding
240,000 inhabitants, into specified
lakes.
i. Issuance of orders to connect a IV
sewerage system to that of an
adjoining town, village or city, under
s. 281.43, Stats.
j. Issuance of orders to abate or IV
remove a nuisance, and upon
noncompliance to abate or remove the
nuisance, under s. 145.14 (1), Stats.
k. Revocation of permits under s. IV
283.53, Stats.
(j) Wildlife.
1. Special Deer Dealer Issuance of licenses under s. 29.871, IV
License Stats.
2. Hunter's Choice, Party Issuance of permits under ss. 29.177, IV
or Special Permits Stats.
3. Hunting Permits and Issuance of permits and licenses under IV
Licenses ss. 29.041, 29.161 to 29.216, Stats.
4. Falconry Permits Issuance of permits under ch. NR 18. IV
5. Private Game and Fur Issuance of licenses under ss. 29.863 IV
Farm and Shooting Preserve to 29.871, Stats.
Licenses
6. Trapping Licenses Issuance of licenses under s. 29.241, IV
Stats.
7. Wildlife, Exhibit Issuance of licenses under s. 29.877, IV
Licenses Stats.
8. Serving Game to Guests Issuance of permits under ss. 29.871 IV
and 29.541, Stats.
9. Rehabilitation Permits Issuance of permits under s. 29.174, IV
Stats., for the temporary possession
of wild animals to provide first aid
and temporary care administered to
orphaned, injured or confiscated
wildlife.
10. Dog Trial and Training Issuance of permits under s. 29.321, IV
Permits Stats.
11. Raptor Permits Issuance of permits under s. 29.174, IV
Stats., for the breeding and
propagation of birds of prey.
12. Fur Dealers License Issuance of licenses under s. 29.501, IV
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