Ponds and Fish and Wildlife Habitat Structures

Waterway protection

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 WAMS ID is required.

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 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.

To determine if a local permit or a federal permit is required for your project, contact your city or county zoning authority and the U.S. Army Corps of Engineers – St. Paul District Office.

State law requires a landowner with a project site that is 1 acre or larger in size to obtain a construction site stormwater permit. To submit a notice of intent, visit the DNR Stormwater Runoff Permitting page.

Applicable state statutes and code: s. 30.12, Wis. Stats. and NR 323, Wis. Adm. Code.

Ponds

Maintenance of Existing Ponds

Removal of weeds, invasives, or nuisance plant species by hand does not require a DNR permit, but vegetation control using chemicals (herbicide) requires a DNR Aquatic Plant Management permit.

Maintenance of a previously permitted pond that does not change the size or footprint of the pond does not require a DNR permit. Dredging maintenance of a pond may be exempt but the dredged material should not be placed in wetlands and should be placed in an upland area. If you propose to discharge dredged material into wetlands, you likely need to apply for a wetland permit.

If your pond was not previously permitted and is connected to or located within 500 feet of a navigable waterway or located in a wetland, you likely need an individual permit. See the Do I need a Permit decision tool below.

New Ponds and Pond Enlargements

A DNR permit is required to construct, dredge, or enlarge a pond or artificial waterbody if it is:

connected to a navigable waterway.
constructed within 500 feet of a navigable waterway.
constructed in a wetland, including wetland restorations that result in ponds.

A pond is considered connected to a waterway if it discharges into the waterway during normal flow conditions outside of storm events through any channel or drainage whether it's natural or artificial, open or closed.

Please note that pond projects must avoid wetlands to the greatest extent practicable, meaning if there is an upland area on the property it will be difficult to justify constructing a pond in a wetland area. Storm water and landscape ponds are not eligible for a general permit in wetland areas. Wildlife ponds are typically only eligible in wetlands for the purpose of restoration or enhancement if the wetlands are degraded and dominated by agricultural crops or invasive species.

Permitting Options

Do I Need a Pond Permit?

This is a text version of our ponds interactive question and answer module to help you understand if you need a permit for your project. If you are seeing this message, you currently have JavaScript disabled or are in compatibility mode while using Internet Explorer. This text version is here to help you understand if you need a permit from the Wisconsin Department of Natural Resources for your project, and if so, which one. Please go through and answer each question. This will help you determine which permit you will need.

Question 1:

Please describe your project:

If your answer is "I would like to build a new pond" go to Question 16.

If your answer is "I would like to do some work on an existing pond" go to Question 2.

Question 2:

Would you like to manage the vegetation in or around your pond either through mechanical removal or the use of chemicals?

You've answered Yes.

If your answer is "Yes":

You may need approval from the Aquatic Plant Management program, please see the Aquatic Plant Management website for more details.

If your answer is "No" go to Question 3.

Question 3:

Which of the following best describes your project:

You've answered I am looking to maintain an existing pond that was previously permitted.

If your answer is "I am looking to maintain an existing pond that was previously permitted":

You can go ahead and do work on your existing pond as long as you adhere to the existing permit conditions. This means you cannot make it deeper, wider or larger than the permit specifies.

If your answer is "I am looking to maintain an existing pond that was NOT previously permitted." go to Question 13.

If your answer is "I am looking to modify or expand the existing pond." go to Question 4.

Question 4:

Do any of the following apply?

The pond is located in Milwaukee County.
The pond was constructed for agricultural use and remains in agricultural use which includes aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming.
The pond was constructed by DOT as a borrow pit and I would like to continue to utilize it as a borrow pit for public highway purposes.

You've answered Yes.

If your answer is "Yes":

You may be exempt from permitting so long as the pond is not located in a wetland. If your project is located in a wetland you will need to apply for an individual pond permit.*Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

If your answer is "No" go to Question 5.

Question 5:

Which of these applies to your pond?

Natural pond - A body of water that has a history of being or being part of a pond, lake, or stream
Stormwater pond - An artificially created pond for the purposes of capturing and retaining stormwater.
Artificial pond - A body of water that does not have a history of being or being part of a pond, lake, or stream. Typically, these waterbodies were constructed by dredging or excavation.
Connected enlargement - A body of water that has a history of being or being part of a pond, lake or stream, but has a modified watercourse caused by dredging, excavation, or the presence of a dam or embankment.

If your answer is "A natural pond" go to Question 10.

If your answer is "A stormwater pond" go to Question 6.

If your answer is "An artificial pond" go to Question 8.

If your answer is "A connected enlargement" go to Question 10.

Question 6:

Will the pond meet all of the following criteria once the project is completed?

The pond will only discharge as a result of storm events;
The crest of the berm will be at least 35 feet from the Ordinary High Water Mark of the lake or stream; and,
The project will not impact wetlands.

If your answer is "Yes" go to Question 9.

If your answer is "No" go to Question 7.

Question 7:

Is the pond designed as a sediment trap draining a maximum of 5 acres or as an infiltration device designed to meet the stormwater performance standards of s. NR 151 or to meet an equivalent local ordinance?

If your answer is "Yes" go to Question 9.

If your answer is "No" go to Question 8.

Question 8:

Is your pond hydrologically connected to a natural navigable waterbody or within 500 feet of a navigable waterbody?

Hydrologically connected- any artificial waterbody that is attached by means of enlargement or by a natural or artificial channel or draining course, or an open or closed conduit, any of which tend to discharge into an existing navigable waterway during normal flow conditions outside of storm events.

You've answered The pond is hydrologically connected to a navigable waterbody.

If your answer is "The pond is hydrologically connected to a navigable waterbody,":

You will need to apply for an individual pond permit.*Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding. **NOTE: If you currently have or are constructing a dam, you will need approval. Please see the DNR Dam Permitting page for more information.

You've answered The pond is within 500 feet of a navigable waterbody.

If your answer is "The pond is within 500 feet of a navigable waterbody,":

You've answered No, my pond is not hydrologically connected or within 500 feet of a navigable waterbody.

If your answer is "No, my pond is not hydrologically connected or within 500 feet of a navigable waterbody":

You've answered I don't know.

If your answer is "I don't know,":

You may utilize our online mapping tool - Surface Water Data Viewer to determine the natural waterbodies in your area and go back and answer this question. If you are unsure of how to use this application, please use our Property Lookup for Designated Waters Tutorial

Question 9:

Is the pond within a wetland?

You've answered Yes.

If your answer is "Yes":

If your project is for wetland conservation, you may able to seek general permit coverage to construct a wildlife pond. Otherwise, you will need to apply for an individual pond permit.*Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

You've answered No.

If your answer is "No,":

It is unlikely that a permit will be required for your project. Please remember that if the disturbance is over 1 acre in size you may need a permit from the stormwater program. Please visit the DNR Stormwater website for more information. Also please remember to check with your local zoning office to determine if local permits are required. Please refer to the DNR Dam Permitting website for more information about dams if applicable. It is not permissible to place fill material in a wetland even on a temporary basis. Please review Wetland Regulations for applicable wetland permits if this will occur.

Question 10:

Would you like to rebuild or repair an existing dam or embankment for the pond?

You've answered Yes.

If your answer is "Yes":

It is likely that you will need a permit from our dam safety program, please see the DNR Dam Permitting website for more information.

If your answer is "No" go to Question 11.

Question 11:

Would you like to clean out or remove material from your pond?

You've answered Yes.

If your answer is "Yes":

It is likely that you will need a dredging permit, please see the dredging permitting page to learn more about dredging and to find out what type of dredging permit you will need.

If your answer is "No" go to Question 12.

Question 12:

Would you like to place rock or similar inert materials to help stabilize the banks of the pond?

You've answered Yes.

If your answer is "Yes":

You may need a shoreland stabilization permit. Please visit the DNR Shoreline Erosion Control Permitting page for more information.

You've answered No.

If your answer is "No":

Based on your previous answers, you indicated that you do not want to: clean out your pond, repair/rebuild an embankment, manage vegetation or stabilize your banks. Since your pond either is natural or connected to public water, a permit will be needed to do any work, or place any materials in the pond. Find the activity you want to do to your pond here to obtain any necessary permits.

Question 13:

Was your pond designated as a private pond by the department?

You've answered Yes.

If your answer is "Yes":

You can go ahead and do work on your existing pond as long as you do not widen or enlarge the pond.

If your answer is "No" go to Question 14.

If your answer is "I don't know" go to Question 14.

Question 14:

Does your pond meet any of the following conditions?

The pond was previously a natural waterway;
The pond has public access; or
The pond has prescribed rights.

If your answer is "Yes" go to Question 15.

You've answered No.

If your answer is "No":

You can go ahead and do work on your existing pond as long as you do not widen or enlarge the pond.

Question 15:

Do any of the following apply?

The pond is located in Milwaukee County.
The pond was constructed for agricultural use and remains in agricultural use - Aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming.
The pond was constructed by DOT as a borrow pit and I would like to continue to utilize it as a borrow pit for public highway purposes.

If your answer is "Yes" go to Question 9.

If your answer is "No" go to Question 8.

Question 16:

Do any of the following apply?

The pond is located in Milwaukee County.
The pond was constructed for agricultural use - Aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming.
The pond was constructed by DOT as a borrow pit.

If your answer is "Yes" go to Question 17.

If your answer is "No" go to Question 19.

Question 17:

Will your pond be constructed by digging out a navigable waterway? For more information about navigability please see the navigability factsheet.

You've answered Yes.

If your answer is "Yes":

It is likely that you will need a dredging permit, please see the DNR Dredging Permitting page to determine if you need to apply for a permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

If your answer is "No" go to Question 18.

Question 18:

Will your pond be constructed by:

You've answered Digging out a navigable waterway and creating a connected enlargement.

If your answer is "Digging out a navigable waterway and creating a connected enlargement":

You've answered Digging into a wetland complex.

If your answer is "Digging into a wetland complex":

You will need to apply for a wetland disturbance permit.

You've answered Placing a dam* across a watercourse (stream, ditch, swale, channel, etc…).

If your answer is "Placing a dam* across a watercourse (stream, ditch, swale, channel, etc…)":

Placing a dam* across a watercourse (stream, ditch, swale, channel, etc…)- You will need approval to construct a dam. Please see the dam permitting website for more information.

*A "Dam" is "any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water." For more information about navigability please see the navigability factsheet.

You've answered A different method.

If your answer is "A different method":

Based on your answers, a permit is not required for this project. You may proceed with the project.

Question 19:

Will you be constructing a dam* across a watercourse (stream, ditch, swale, channel, etc…) to create your pond?

*A "Dam" is "any artificial barrier in or across a watercourse which has the primary purpose of impounding or diverting water."

You've answered Yes.

If your answer is "Yes":

You will need approval to construct a dam. Please see the DNR Dam Permitting page for more information.

If your answer is "No" go to Question 20.

Question 20:

Will the pond be located within 500 feet of a navigable waterbody?

If your answer is "Yes" go to Question 21.

If your answer is "No" go to Question 9.

You've answered I don't know.

If your answer is "I don't know":

Hydrologically connected - any artificial waterbody that is attached by means of enlargement or by a natural or artificial channel or draining course, or an open or closed conduit, any of which tend to discharge into an existing navigable waterway during normal flow conditions outside of storm events.

Question 21:

Which pond type best describes the pond you would like to construct:

If your answer is "A stormwater pond” go to Question 22.

If your answer is "A pond within a wetland” go to Question 9.

You've answered A fish rearing pond.

If your answer is "A fish rearing pond":

Aquaculture ponds are exempt from permitting. Other fish rearing ponds that are not raising fish for aquaculture purposes require an individual pond permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

You've answered A non-metallic mining pond.

If your answer is "A non-metallic mining pond,":

You will need to apply for an individual non-metallic mining permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

You've answered Another type of pond.

If your answer is "Another type of pond,":

You may able to seek general permit coverage to construct a landscape pond if you can meet all eligibility requirements of the general permit. Otherwise, you will need to apply for an individual pond permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Question 22:

Are you constructing a stormwater pond that will meet one of the following conditions?

The pond will be constructed sediment trap draining a maximum of 5 acres to meet the performance standards of s. NR 151.11(6) or to meet an equivalent local ordinance, OR
The pond will be constructed as an infiltration device designed to meet the stormwater performance standards of s. NR 151.12(5)(c) or to meet an equivalent local ordinance.

If your answer is "Yes" go to Question 23.

You've answered No.

If your answer is "No":

You may be able to seek general permit coverage to construct a stormwater pond (3500-144). Otherwise, you will need to apply for an individual pond permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Question 23:

Will the pond have a permanent pool of water that discharges to a trout stream or one of its tributaries?

You've answered Yes.

If your answer is "Yes":

You will need to apply for an individual pond permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

If your answer is "No” go to Question 24.

You've answered I don't know.

If your answer is "I don't know":

Question 24:

Will the pond be designed to prevent fish entrapment and inflow from the navigable waterway up to the 10-year, 24-hour rain event?

If your answer is "Yes" go to Question 25.

You've answered No.

If your answer is "No":

You will need to apply for an individual pond permit. *Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

Question 25:

Will the pond meet all of the following criteria once the project is completed?

The pond will only discharge as a result of storm events;
The crest of the berm will be at least 35 feet from the Ordinary High Water Mark of the lake or stream;
The pond is not within 100 feet of a public rights feature; and,
The project will not impact wetlands.

You've answered Yes.

If your answer is "Yes":

You may qualify for a storm water pond general permit. Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

You've answered No.

If your answer is "No":

You will need to apply for an individual pond permit. Please note: WAMS ID and password needed to apply. If you do not have a WAMS ID, you must register for one prior to proceeding.

FISH HABITAT STRUCTURES

Permitting requirements for fish habitat structures depend on the proposed size of the structure, whether the waterway is a stream, lake, or Great Lake, and whether the waterway has a special designation.

Several project types have specific exemption criteria which are listed in the checklists below. Any project proposed in an Area of Special Natural Resource Interest (ASNRI) or a Public Rights Feature (PRF) requires a DNR permit. See the Fish Habitat Structures General Permit Checklist for specific size and placement requirements for each structure type. If your project does not meet general permit eligibility, or if the type of structure you plan to place in a waterway is not listed below, you must apply for an individual permit.

If your project was designed by DNR, Natural Resources Conservation Service (NRCS), U.S. Fish and Wildlife Service, or county agency staff, you may be eligible for a general permit for fish habitat placement. Review the Stream Habitat Projects Designed by Government Agencies General Permit Checklist (3500-174) for further details.

Permitting Options

Fish Cribs

Fish Sticks

Half Log

Spawning Reef

Tree Drop

Net Pen

Wing Deflector

WILDLIFE HABITAT STRUCTURES

A bird nesting structure may be exempt from needing a permit if it is not proposed to be placed on a waterway designated as an Area of Special Natural Resource Interest (ASNRI) or a Public Rights Feature (PRF) and the surface area of the structure is 25 feet or less. A structure placed in an ASNRI or PRF waterway may be eligible for a general permit if it has a surface area of 25 feet or less. If your project does not meet exemption or general permit eligibility criteria, you must apply for an individual permit.

Wood duck houses and nesting platforms attached to or supported by existing trees in their natural condition do not need permits.

If your project was designed by DNR, Natural Resources Conservation Service (NRCS), U.S. Fish and Wildlife Service, or county agency staff, you may be eligible for a general permit for wildlife habitat placement. Review the Stream Habitat Projects Designed by Government Agencies General Permit Checklist (3500-174) for further details.

Waterways_Content Page_Ponds

Ponds and Fish and Wildlife Habitat Structures

Waterway protection

NOTES ON WATERWAYS PERMITS

Ponds

Maintenance of Existing Ponds

New Ponds and Pond Enlargements

Permitting Options

Do I Need a Pond Permit?

FISH HABITAT STRUCTURES

Permitting Options

WILDLIFE HABITAT STRUCTURES

Permitting Options

Contact DNR Waterways:

Waterways