Nonmetallic Mining and Cranberry Operations Projects Waterways Permitting

NOTES ON WATERWAYS PERMITS

For each project type below, if an exemption or a general permit is available, you will find a link to a checklist of requirements. If your project does not meet exemption eligibility criteria, review the general permit checklist. If your project does not meet general permit eligibility criteria, you must apply for an individual permit.

To start a permit application, use the DNR Water ePermitting System. A MyWisconsin ID is required.

Applicable statutes and code include ss. 30.18, 31.02, 281.35, 86.17, Wis. Stats. , and NR 340, Wis. Admin. Code.

Other Permits May Be Required

USACE Permit: To determine if a federal waterway permit is required for your project, contact the U.S. Army Corps of Engineers – St. Paul District Office. If a USACE federal waterway permit is required, submit using the USACE application system (The Regulatory Request System (RRS)).

Threatened and Endangered Species: Project proponents are required to comply with Wisconsin’s Endangered Species Law, s. 29.604, Wis. Stats., and the Federal Endangered Species Act. To determine if your project is in compliance, visit the DNR NHI Public Portal, and enter the project area to complete an Endangered Resources Preliminary Assessment. Read the results carefully to determine if follow-up steps are required. 

Water Quality Certification: For some waterway projects, a water quality certification (WQC) may be required from DNR as the certifying authority under the Clean Water Act Section 401. WQC requests will be considered complete through a DNR waterway permit application and the DNR Waterways Program typically reviews WQC requests in parallel with permit review. See WQC Request Completeness Elements for the full list of requirements.

Stormwater Notice of Intent (NOI): State law requires a landowner with a project site that is 1 acre or larger to obtain a construction site stormwater permit. Visit the DNR Stormwater Runoff Permitting page to submit a notice of intent.

Floodplain and Shoreland Zoning Authorization: If your project is in a regulatory floodplain or in a shoreland-wetland, local or county zoning regulations may apply. Please contact your city or county zoning authority.

Project Types

Nonmetallic Mining

A mining operation involving rotten granite, stone, rock, sandstone, clay, peat, sand, gravel or other nonmetallic substance for resale, construction or personal use may require a DNR waterways permit.

Permitting Options

• Nonmetallic Mining Individual Permit - Waterways
• Wetland disturbance general permit – Residential/industrial/commercial development (GP1)
• Wetland disturbance - Individual Permit

If non-metallic mining is associated with current cranberry growing operations and will result in mineral product being sold, the DNR has developed Guidance for Nonmetallic Mining at Cranberry Operations to clarify permitting and statutory exemptions defined for cranberry culture.

Cranberry Operations

The DNR requires a permit if a cranberry project will affect navigable waters or wetlands. See the Waterways Jurisdictional Determinations page and Property Lookup for Designated Waters page to determine whether a waterway is navigable and whether there may be wetlands on your project site.

Technical Resources

• USACE and DNR Cranberry Construction Projects Regulations and Permit information
• USACE - St. Paul District Commercial Cranberry Operations Analysis
• Cranberry Operations Factsheet
• Cranberry Operations Tracking Worksheet

Permitting Options

• See Wetland Permitting for more options if wetlands may be impacted.