Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter V - Technical Standards Development Process for Non-Agricultural Performance Standards › Section NR 151.31 - Technical standards development process

Current through June 24, 2024
(1) The department
				  shall develop and revise technical standards to implement the performance
				  standards in subchs. III and IV through a process outlined as follows:
(a) The department may decide that a new or
				  revised technical standard is necessary to implement a performance
				  standard.
(b) Any person may
				  request the department to develop or revise a technical standard designed to
				  meet a performance standard. The request shall be made in writing to the
				  director of the department's bureau of watershed management and shall include
				  the performance standard for which technical standard development or revision
				  may be needed, and an explanation why a new or revised technical standard is
				  requested.
(c) The department shall
				  evaluate a request submitted pursuant to par. (b), to determine if it is
				  necessary to develop or revise a technical standard to implement a performance
				  standard. If the department determines that a new or revised technical standard
				  is not necessary to implement a performance standard, it shall reply to the
				  requester in writing as to the reasons that a technical standard does not need
				  to be developed or revised.
(d) If
				  the department determines that a new or revised technical standard is necessary
				  to implement a performance standard, it shall:
1. Determine the state agency responsible for
				  the technical standard.
2. If the
				  responsible state agency is not the department, request the responsible state
				  agency to develop or revise a technical standard.
3. If the responsible agency denies the
				  request to develop or revise a technical standard, the department may initiate
				  conflict resolution procedures outlined under any existing memorandum of
				  understanding or agreement between the department and the responsible agency.
				  If no conflict resolution procedures exist, the department may attempt to
				  resolve the disagreement through stepped negotiations between increasing higher
				  levels of management.
(e) The department shall use the following
				  procedures when it acts to develop or revise technical standards to implement
				  the performance standards in subchs. III and IV.
1. Convene a work group to develop or revise
				  the technical standard that includes agencies and persons with technical
				  expertise and direct policy interest. The work group shall include at least one
				  representative from the agency or person that made an initial request to
				  develop or revise the technical standard.
2. The work group shall publish a class 1
				  public notice and consider public comments received on the technical standard
				  prior to providing recommendations to the department under subd. 3.
3. The work group shall provide a recommended
				  technical standard to the department within 18 months of its formation unless
				  the director of the bureau of watershed management grants an extension to this
				  deadline.
(f)
1. Notwithstanding other provisions of this
				  section, and acting jointly with the department of transportation and in
				  consultation with other appropriate stakeholders, the department shall:
a. Develop a technical standard that, by
				  design, meets the performance standard established in s.
				  NR
				  151.23(4) and (4m). This technical
				  standard shall address slope erosion and channel erosion and identify BMPs that
				  may be used given a variety of site conditions.
b. Annually review this technical
				  standard.
2. For
				  transportation facility construction sites, the technical standard developed
				  under this paragraph shall also indicate any conditions under which it may not
				  be used to implement the performance standard established in s.
				  NR
				  151.23(4) and (4m).
3. This technical standard and future
				  revisions become effective upon signatures from both secretaries of the
				  department and the department of transportation, or their designees.