Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter III - Non-Agricultural Performance Standards › Section NR 151.125 - Protective areas performance standard

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "protective area" means an area of land that commences at the top
				  of the channel of lakes, streams and rivers, or at the delineated boundary of
				  wetlands, and that is the greatest of the following widths, as measured
				  horizontally from the top of the channel or delineated wetland boundary to the
				  closest impervious surface. However, in this section, "protective area" does
				  not include any area of land adjacent to any stream enclosed within a pipe or
				  culvert, so that runoff cannot enter the enclosure at this location.
(a) For outstanding resource waters and
				  exceptional resource waters, 75 feet.
(b) For perennial and intermittent streams
				  identified on a U.S. geological survey 7.5-minute series topographic map, or a
				  county soil survey map, whichever is more current, 50 feet.
(c) For lakes, 50 feet.
(d) For wetlands not subject to par. (e) or
				  (f), 50 feet.
(e) For highly
				  susceptible wetlands, 75 feet. Highly susceptible wetlands include the
				  following types: calcareous fens, sedge meadows, open and coniferous bogs, low
				  prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds.
Note: Information on wetland types, including ephemeral
					 ponds, is available at (608) 266-7012.
(f) For less susceptible wetlands, 10 percent
				  of the average wetland width, but no less than 10 feet nor more than 30 feet.
				  Less susceptible wetlands include: degraded wetlands dominated by invasive
				  species such as reed canary grass; cultivated hydric soils; and any gravel
				  pits, or dredged material or fill material disposal sites that take on the
				  attributes of a wetland.
(g) In
				  pars. (d) to (f), determinations of the extent of the protective area adjacent
				  to wetlands shall be made on the basis of the sensitivity and runoff
				  susceptibility of the wetland in accordance with the standards and criteria in
				  s.
				  NR
				  103.03.
(h) Wetland boundary delineation shall be
				  made in accordance with s.
				  NR
				  103.08(1m). This paragraph does not
				  apply to wetlands that have been completely filled in compliance with all
				  applicable state and federal regulations. The protective area for wetlands that
				  have been partially filled in compliance with all applicable state and federal
				  regulations shall be measured from the wetland boundary delineation after fill
				  has been placed. Where there is a legally authorized wetland fill, the
				  protective area standard need not be met in that location.
(i) For concentrated flow channels with
				  drainage areas greater than 130 acres, 10 feet.
(j) Notwithstanding pars.(a) to (i), the
				  greatest protective area width shall apply where rivers, streams, lakes, and
				  wetlands are contiguous.
Note: A stream or lake is not eligible for a lower
					 protective area width even if contiguous to a less susceptible wetland.