Buffers -- Wisconsin Regulations and Statutes

ATCP 48.01(8) (8) "District corridor" means the access corridor and buffer strip established and maintained around a district ditch under s. ATCP 48.24.

ATCP 48.24(1)(b) (b) To provide a buffer against land uses which may adversely affect water quality in the district ditch.

ATCP 48.30(4) (4) INLETS TO DISTRICT DITCHES. Inlets to district ditches, whether from private or district drains, shall be designed and maintained to prevent soil erosion. Surface drainage entering a district ditch shall be controlled by means of buffer strips, pipe inlets, drop spillways or other devices to prevent soil erosion and uncontrolled flow over ditch banks.

ATCP 50.64(1)(e)
(e) Filter strips or buffer strips under s. ATCP 50.73.

ATCP 50.85 - ANNOT. Note: Costs may also be reimbursed for vegetative buffers, buffer strips or buffer zones. These practices may be installed according to locally determined standards subject to review and approval by the department. The practice standards in sub. (3) must also be met.

Comm 18.364 Buffers and buffer supports [A17.1 505.1].

Comm 18.364 Comm 18.364 Buffers and buffer supports [A17.1 505.1]. Substitute the following wording for A17.1 505.1 (c): Bumpers or buffers shall be provided in accordance with A17.1 2501.2.

NR 51.934(10)(b) (b) Riparian buffer rehabilitation including establishment of native vegetation, which may include slope and site preparation, and control of exotic plant species.

NR 51.944(6) (6) Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

NR 51.945(2)
(2) Property that creates a buffer between land that has been permanently protected for natural resource and conservation purposes and potential or existing residential, commercial or industrial development.

Sewerage Systems

NR 110.255(2)(a)7. 7. The spray irrigation system shall be seeded with perennial grasses such as reed canary grass, tall fescue and orchard grass. The cover crop shall be a crop which is not used for direct human consumption. New seedings shall also contain a nurse crop. The cover crop shall be maintained by cutting and removing the grass a minimum of twice per growing season. The department may approve the use of other types of cover crops such as corn but will restrict the use of such sites to times when the cover crop is actively growing. The department may also require reduced hydraulic application rates, grass buffer strips or both around the perimeter of the site to prevent wastewater runoff during rainfall events.

Nonpoint source pollution abatement program
Cost share agreement conditions for best management practices

Shoreline Buffers

NR 120.14(15)(b)2.b. b. Construction of level spreading structures and associated grading necessary for the buffer to properly filter pollutants.

NR 120.14(15)(b)2.c.
c. Grading of the buffer area necessary for the buffer to properly filter pollutants.

NR 120.14(15)(b)3.b. b. Establishment of buffers at non-critical locations in order to provide a continuous shoreline or streambank buffer system on the cost-share recipient's property.

NR 120.14(15)(c)1. 1. The physical dimension of the shoreline buffer shall be a minimum of either 66 feet or that distance specified in a locally approved ordinance that meets the objective of the watershed or lake plan.

NR 120.14(15)(c)2. 2. Consolidated Farm Services Agency (CFSA) (formerly Agricultural Stabilization and Conservation Service (ASCS)) Handbook 1-WI (ACP), January 1994, practice WP-7, riparian buffer strips for recommended practice layout and design criteria.

Metallic mineral prospecting
Wetland function
NR 131.06(4)(g)2m. 2m. `Shoreline protection.' Wetlands also function to dissipate the energy of wave motion and runoff surges from storms and snowmelt, and thus lessen the effects of shoreline erosion. Wave action shielding by wetlands is not only important in preserving shorelines and channels, but also in protecting valuable residential, commercial and industrial acreage located adjacent to the aquatic ecosystems. The capacity of a particular wetland to act as an erosional buffer for a shoreline depends on such factors as the vegetation characteristics, the shape and size of the wetland and the adjacent shoreline morphology. The protection of shorelines by wetlands depends primarily on the floristic composition, structure and density of the plant community. Shoreline morphology along with fetch, adjacent bottom topography and wetland vegetation are important considerations in evaluating a wetland for its shoreline protection functions. Wetlands along shorelines with long fetches are likely to be associated with major waters of the state and shall not be considered for use.

Metallic mineral mining
Wetland function
NR 132.06(4)(g)2m. 2m. Shoreline protection. Wetlands also function to dissipate the energy of wave motion and runoff surges from storms and snowmelt, and thus lessen the effects of shoreline erosion. Wave action shielding by wetlands is not only important in preserving shorelines and channels, but also in protecting valuable residential, commercial and industrial acreage located adjacent to the aquatic ecosystems. The capacity of a particular wetland to act as an erosional buffer for a shoreline depends on such factors as the vegetation characteristics, the shape and size of the wetland and the adjacent shoreline morphology. The protection of shorelines by wetlands depends primarily on the floristic composition, structure and density of the plant community. Shoreline morphology along with fetch, adjacent bottom topography and wetland vegetation are important considerations in evaluating a wetland for its shoreline protection functions. Wetlands along shorelines with long fetches are likely to be associated with major waters of the state and shall not be considered for use.

Metallic mining waste
Inspections
NR 182.12(2)(d) (d) The buffer area around the facility for possible environmental damage related to its operation;
Municipal flood control grants

Eligible costs
Acquisition costs to purchase conservation and flowage easements - conditions
NR 199.08(1)(b)6.e. e. Vegetative buffers shall be established and maintained along lakes, ponds, wetlands, marshes, rivers, streams and ditches. Department best management practices shall be employed to the greatest extent possible for the project. Whenever possible, the area of the vegetative buffer shall extend at least 75 feet from each edge of the surface water or wetland. There may be no activity that adversely affects the natural flow of surface or underground waters within the area of the easement.

Land Treatment of Industrial Liquid Wastes, By-Product Solids and Sludges
Wastes excluded
Wastes from sites and facilities used solely for research purposes
NR 214.02(3)(m)1. 1. The net site area, excluding site borders and buffer strips, does not exceed 4 acres;

Spray irrigation systems
Design and construction criteria
NR 214.14(2)(g)
(g) The department may require reduced hydraulic application rates or grass buffer strips, or both around the perimeter of the site to absorb runoff during rainfall events.
Landspreading systems for liquid wastes and by-product solids
Site location criteria

NR 214.17(2)(g) (g) Wastes may not be landspread closer than 200 feet from any surface water, except that the minimum separation distance may be reduced, to a minimum of 100 feet, when a vegetative buffer strip is maintained between the site and the surface water. If the waste is incorporated with the soil, the separation distance from any surface water may be reduced to 50 feet.

Sludge spreading systems
Site location criteria
NR 214.18(2)(d) (d) Sludge may not be surface spread within 200 feet from any surface water course, dry run or wetlands, except that if a vegetative buffer strip is maintained between the site and the surface water, the department may approve a reduced separation distance to 100 feet. If the sludge is incorporated in the soil, the separation distance from any surface water may be reduced to a minimum of 50 feet.
Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas
NR 340.02(3) (3) "Buffer zone" means an undisturbed strip of land which may require additional planting of trees or shrubs to screen the operations from view or act as a sediment trap along waterways, property lines, and roads or highways.

Operation and reclamation plans
NR 340.05(3)(b)
(b) Measures to screen the operation from view considering the general shoreland zoning requirements of s. NR 115.05 (3) (c) and the possible need for a buffer zone of sufficient width to prevent environmental pollution;

NR 340.06(3)(g) (g) Other requirements as are necessary, such as incorporation of a buffer zone, to ensure project operation and progressive and final reclamation in a manner consistent with this chapter and to ensure the prevention of environmental pollution as defined in s. 283.01(6m), Stats.; and

NR 518.04(2)(a) (a) The net plot area, excluding plot borders and buffer strips, may not exceed 4 acres,

NR 518.07(1)(b) (b) Depending on the type of operation to be conducted, solid waste materials shall be plowed, disced or otherwise incorporated into the surface soil layer at appropriate intervals as specified in the solid waste landspreading plan to minimize storm water runoff, surface leaching and to control objectionable odors. A vegetative buffer strip shall be maintained between any navigable water and the application area.

NR 538.10(9) (9) Unbonded surface course material used in accordance with the criteria of this subsection. This includes the use of industrial byproducts as a surface course material in unpaved driveways, parking areas and recreation or exercise trails. Industrial byproducts used as surface course shall conform to the requirements of s. 304.2, Wisconsin department of transportation standard specifications for road and bridge construction, and may be placed at a thickness of 3 inches or less and in areas separated by at least a 25 foot vegetated buffer to a navigable surface water. The use of industrial byproducts as unbonded surface course is prohibited in residential areas. If more than 10,000 cubic yards of industrial byproducts are to be used in an individual surface course application, prior written notification in accordance with s. NR 538.14 (4) and concurrence by the department are needed. If the department does not respond to the notification within 10 business days, concurrence is considered to be granted.

NR 615.05(4)(a)3.i. i. The owner or operator of a facility which stores ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks in ch. ILHR 10.

State Statutes

23.27(1)(e) (e) "Natural area" means an area of land or water which has educational or scientific value or is important as a reservoir of the state's genetic or biologic diversity and includes any buffer area necessary to protect the area's natural values. Frequently, "natural areas" are important as a reserve for native biotic communities. Frequently, "natural areas" provide habitat for endangered, threatened or critical species or for species of special concern to scientists. In some cases, "natural areas" include areas with highly significant geological or archaeological features. Generally, "natural areas" are areas which largely escaped unnatural environmental disturbance or which exhibit little evidence of recent environmental disturbance so that recovery of natural conditions has occurred.

46.06(4) (4) Sales. The department may, with the approval of the building commission, sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).

46.06(5) (5) Purchases. The department may, with the approval of and release of state building trust fund by the building commission, acquire by purchase such lands, together with such improvements as are situated thereon, as the secretary deems necessary for the department's farm programs, or for the purpose of providing adequate buffer zones to its existing facilities, or for the purpose of eliminating flexuous boundaries in cooperation with owners of lands adjoining lands under the department's jurisdiction.

59.692(1v)(d) (d) The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water.

78.005(17) (17) "Transmix" means the buffer between 2 different products in a pipeline shipment, or a mix of 2 different products in a refinery or terminal, that results in an off-grade mixture.

236.16 - ANNOT. Sub. (4) aims at preventing subdividers from creating narrow, unplatted buffer zones between platted lands and water's edge, thus avoiding public access requirements. 66 Atty. Gen. 85.

295.20(3)(b) (b) Acquisition of a registered nonmetallic mineral deposit or registered buffer area by a county, city, village or town or other governmental unit for a public purpose.
301.24(4) (4) Sales. The department, with the approval of the building commission, may sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of the sales shall be credited to the state building trust fund.

301.24(5) (5) Purchases. The department, with the approval of and release of state building trust funds by the building commission, may acquire by purchase such lands, together with such improvements as are situated thereon, as the secretary deems necessary for the department's farm programs, or for the purpose of providing adequate buffer zones to its existing facilities, or for the purpose of eliminating flexuous boundaries in cooperation with owners of lands adjoining lands under the department's jurisdiction.

Previous Page | Home