reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.075 - Silurian bedrock performance standards

Current through June 24, 2024
(1)  All crop
				  producers and livestock producers that mechanically apply manure directly or
				  through contract or other agreement to cropland or pasture areas that meet the
				  definition of Silurian bedrock under s.
				  NR
				  151.015(17) must comply with this
				  section.
(2) Mechanical manure
				  application may not cause the fecal contamination of water in a well.
(3) Manure may not be mechanically applied on
				  areas of cropland or pastures that have 24 inches or less of separation between
				  the ground surface and apparent water table.
(4) Manure must be applied in conformance
				  with a nutrient management plan that meets the requirements under all the
				  following:
(a) The plan must be consistent
				  with s.
				  NR
				  151.07.
(b) The plan must be consistent with NRCS
				  Technical Standard 590, dated December 2015.
Note:
Copies of the Wisconsin Natural
					 Resources Conservation Service ("NRCS") Nutrient Management Standard 590, dated
					 December 2015, including the Technical Note (TN-1) referenced in the standard,
					 may be inspected at the offices of the department, the Wisconsin Department of
					 Agriculture, Trade and Consumer Protection, county land conservation
					 departments and the legislative reference bureau, Madison Wisconsin. NRCS 590 (
					 and TN-1) is also available electronically at:
					 https://efotg.sc.egov.usda.gov/references/public/WI/590_Standard-(2015-12).pdf
					 and
					 https://efotg.sc.egov.usda.gov/references/public/WI/Conservation_Planning-TN-1.pdf.
(c) The plan must be designed and
				  implemented consistent with this section to manage manure so as to reduce the
				  risk of pathogen delivery to groundwater and prevent exceedances of groundwater
				  water quality standards.
(d) The
				  plan must use NRCS soil survey maps/information or other methods as a planning
				  tool to identify Silurian bedrock within or adjacent to cropland and
				  pastures.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.08 - Manure management prohibitions

Current through June 24, 2024
(1) All livestock
				  producers shall comply with this section.
(2) A livestock operation shall have no
				  overflow of manure storage facilities.
(3) A livestock operation shall have no
				  unconfined manure pile in a water quality management area.
(4) A livestock operation shall have no
				  direct runoff from a feedlot or stored manure into the waters of the
				  state.
(5)
(a) A livestock operation may not allow
				  unlimited access by livestock to waters of the state in a location where high
				  concentrations of animals prevent the maintenance of adequate sod or
				  self-sustaining vegetative cover.
(b) This prohibition does not apply to
				  properly designed, installed and maintained livestock or farm equipment
				  crossings.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.096 - Local livestock operation ordinances and regulations

Current through June 24, 2024
(1) LOCAL
				  REGULATIONS THAT EXCEED STATE STANDARDS; APPROVAL REQUIRED.
(a) Except as provided in par. (b), a local
				  governmental unit may not enact a livestock operation ordinance or regulation
				  for water quality protection that exceeds the performance standards or
				  prohibitions in ss.
				  NR
				  151.05 to
				  151.08 or the related conservation
				  practices or technical standards in ch. ATCP 50, unless the local governmental
				  unit obtains approval from the department under sub. (2), or receives approval
				  from DATCP pursuant to s.
				  ATCP
				  50.60.
(b)
				  Paragraph (a) does not apply to any of the following:
1. Local ordinances or regulations that
				  address cropping practices that are not directly related to the livestock
				  operation.
2. Local ordinances or
				  regulations enacted prior to October 1, 2002.
Note: See s.
					 92.15,
					 Stats. A person adversely affected by a local livestock regulation may oppose
					 its adoption at the local level. The person may also challenge a local
					 regulation in court if the person believes that the local governmental unit has
					 violated sub.
(1) or s.
				  92.15,
				  Stats. A local governmental unit is responsible for analyzing the legal
				  adequacy of its regulations, and may exercise its own judgment in deciding
				  whether to seek state approval under this section.
Note: Subsection (1) does not limit or expand the
					 application of s.
					 92.15,
					 Stats., to ordinances or regulations enacted prior to October 1, 2002.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.097 - Variances

Current through June 24, 2024
(1) The department may grant a variance to
				  the performance standards, technical standards or other non-statutory
				  requirements in this subchapter.
(2) The department may not grant a variance
				  solely on the basis of economic hardship.
(3) The department may grant a variance only
				  if all of the following conditions are met:
(a) Compliance with the performance standard
				  or technical standard is not feasible due to site conditions. This condition
				  does not apply to research activities conducted as part of a planned
				  agricultural research and farming curriculum.
(b) The landowner or operator will implement
				  best management practices or other corrective measures that ensure a level of
				  pollution control that will achieve a level of water quality protection
				  comparable to that afforded by the performance standards in this
				  subchapter.
(c) The conditions for
				  which the variance is requested are not created by the landowner or operator or
				  their agents or assigns. This condition does not apply to research activities
				  conducted as part of a planned agricultural research and farming
				  curriculum.
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 151.10 - Purpose

Current through June 24, 2024
This subchapter establishes performance standards, as
					 authorized by s.
					 281.16(2)
					 (a), Stats., for non-agricultural facilities
					 and practices that cause or may cause nonpoint runoff pollution. These
					 performance standards are intended to limit nonpoint runoff pollution in order
					 to achieve water quality standards. Design guidance and the process for
					 developing technical standards to implement this section are set forth in
					 subch. V.
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 151.105 - Construction site performance standard for non-permitted sites

Current through June 24, 2024
(1)
				  APPLICABILITY. Except as provided under sub. (2), this section applies to all
				  of the following:
(a) A construction site that
				  consists of land disturbing construction activity of less than one acre.
Note:
Land disturbing construction sites of
					 less than one acre are not regulated under subch. III of ch. NR 216 unless
					 designated by the department under s. NR 216.51 (3).
(b) Construction projects that are exempted
				  by federal statutes or regulations from the requirement to have a national
				  pollutant discharge elimination system permit issued under
				  40 CFR
				  122, for land disturbing construction
				  activity.
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 151.11 - Construction site performance standard for sites of one acre or more

Current through June 24, 2024
(1)
				  DETERMINATION OF SOIL LOSS. In this section, soil loss is calculated using the
				  appropriate rainfall or runoff factor, also referred to as the R factor, or an
				  equivalent design storm using a type II distribution, with consideration given
				  to the geographic location of the site and the period of disturbance.
Note:
The universal soil loss equation and its
					 successors, revised universal soil loss equation and revised universal soil
					 loss equation 2, utilize an R factor which has been developed to estimate soil
					 erosion, averaged over extended time periods. The R factor can be modified to
					 estimate monthly and single-storm erosion.
(2) APPLICABILITY. This section applies to
				  any construction site that consists of one acre or more of land disturbing
				  construction activity.
(a) Subsections (3),
				  (4), (5), (6), and (7) apply to all of the following:
1. Construction sites for which the
				  department received a notice of intent in accordance with subch. III of ch. NR
				  216 before January 1, 2011.
2.
				  Construction sites for which the department of commerce received a notice of
				  intent in accordance with ch. SPS 360 before January 1, 2011.
3. Construction sites for which a bid has
				  been advertised or construction contract signed for which no bid was
				  advertised, before January 1, 2011.
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 151.12 - Post-construction performance standard for new development and redevelopment

Current through June 24, 2024
(1)
				  GENERAL. In this section:
(a)
				  "Post-construction site" means a construction site subject to regulation under
				  this subchapter, after construction is completed and final stabilization has
				  occurred.
(b) Average annual
				  rainfall is determined by the following years and locations: Madison, 1981
				  (Mar. 12-Dec. 2); Green Bay, 1969 (Mar. 29-Nov. 25); Milwaukee, 1969 (Mar.
				  28-Dec. 6); Minneapolis, 1959 (Mar. 13-Nov. 4); Duluth, 1975 (Mar. 24-Nov. 19).
				  Of the 5 locations listed, the location closest to a project site best
				  represents the average annual rainfall for that site.
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 151.121 - Post-construction performance standards

Current through June 24, 2024
(1) GENERAL. In ss.
				  NR 151.121 to
				  151.128, "post-construction site"
				  means a construction site subject to regulation under this subchapter, after
				  construction is completed and final stabilization has occurred.
(2) APPLICABILITY. Sections NR 151.121 to
				  apply 151.128 to a post-construction site that is or was subject to the
				  construction performance standards of s.
				  NR
				  151.11, except any of the following:
(a) A post-construction site with less than
				  10 percent connected imperviousness, based on the area of land disturbance,
				  provided the cumulative area of all impervious surfaces is less than one acre.
				  However, the exemption of this paragraph does not include exemption from the
				  protective area standard of s.
				  NR
				  151.125.
(b) Agricultural facilities and practices.
Note: This exemption includes both point and nonpoint
					 discharges from agricultural facilities and practices. Therefore,
					 post-construction structures such as barns, manure storage facilities, sand
					 settling lanes, and barnyard runoff control systems are subject to subch. II
					 and are not subject, under s.
					 NR
					 216.47(1), to the post-construction
					 performance standards of this subchapter.
(c) Underground utility construction, but not
				  including the construction of any above ground structures associated with
				  utility construction.
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 151.122 - Total suspended solids performance standard

Current through June 24, 2024
(1) REQUIREMENT.
				  BMPs shall be designed, installed and maintained to control total suspended
				  solids carried in runoff from the post-construction site. BMPs shall be
				  designed in accordance with Table 1., or to the maximum extent practicable as
				  provided in sub. (3). The design shall be based on an average annual rainfall,
				  as compared to no runoff management controls.
Table 1. TSS Reduction
								  Standards
Development Type
TSS Reduction
New Development
80 percent
In-fill >= 5 acres
80 percent
In-fill < 5 acres on or after October 1,
								  2012
80 percent
Redevelopment
40 percent of load from parking areas and
								  roads
In-fill < 5 acres and before October 1,
								  2012
40 percent
(2)
				  REDEVELOPMENT. Except as provided in s.
				  NR
				  151.121(5), the redevelopment total
				  suspended solids reduction standard of Table 1., applies to
				  redevelopment.
(3) MAXIMUM EXTENT
				  PRACTICABLE. If the design cannot meet a total suspended solids reduction
				  performance standard of sub. (1), Table 1., the storm water management plan
				  shall include a written, site-specific explanation of why the total suspended
				  solids reduction performance standard cannot be met and why the total suspended
				  solids load will be reduced only to the maximum extent practicable. The
				  department may not require any person to exceed the applicable total suspended
				  solids reduction performance standard to meet the requirements of maximum
				  extent practicable.
Note:
Pollutant loading models such as
					 DETPOND, SLAMM, P8, or equivalent methodology may be used to evaluate the
					 efficiency of the design in reducing total suspended solids. Information on how
					 to access these models is available from the department's storm water
					 management program at dnr.wi.gov. Use the most recent version of the model and
					 the rainfall files and other parameter files identified for Wisconsin users
					 unless directed otherwise by the regulatory authority.
(4) OFF-SITE DRAINAGE. When designing BMPs,
				  runoff draining to the BMP from off-site shall be taken into account in
				  determining the treatment efficiency of the practice. Any impact on the
				  efficiency shall be compensated for by increasing the size of the BMP
				  accordingly.
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 151.123 - Peak discharge performance standard

Current through June 24, 2024
(1) REQUIREMENT. By
				  design, BMPs shall be employed to maintain or reduce the 1-year, 24-hour and
				  the 2-year, 24-hour post-construction peak runoff discharge rates to the
				  1-year, 24-hour and the 2-year, 24-hour pre-development peak runoff discharge
				  rates respectively, or to the maximum extent practicable. The runoff curve
				  numbers in Table 2. shall be used to represent the actual pre-development
				  condition.
Table 2. Maximum Pre-Development Runoff
								  Curve Numbers
Runoff Curve Number
Hydrologic Soil Group
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
Note: Where the pre-development condition is a combination
					 of woodland, grassland, or cropland, the runoff curve number should be
					 pro-rated by area.
(2)
				  EXEMPTIONS. This section does not apply to the following:
(a) A post-construction site where the
				  discharge is directly into a lake over 5,000 acres or a stream or river segment
				  draining more than 500 square miles.
(b) Except as provided under s.
				  NR
				  151.121(5), a redevelopment
				  post-construction site.
(c) An
				  in-fill development area of less than 5 acres.
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 151.124 - Infiltration performance standard

Current through June 24, 2024
(1) REQUIREMENT.
				  BMPs shall be designed, installed, and maintained to infiltrate runoff in
				  accordance with the following or to the maximum extent practicable:
(a)
Low imperviousness
. For
				  development up to 40 percent connected imperviousness, such as parks,
				  cemeteries, and low density residential development, infiltrate sufficient
				  runoff volume so that the post-development infiltration volume shall be at
				  least 90 percent of the pre-development infiltration volume, based on an
				  average annual rainfall. However, when designing appropriate infiltration
				  systems to meet this requirement, no more than one percent of the
				  post-construction site is required as an effective infiltration area.
(b)
Moderate imperviousness
.
				  For development with more than 40 percent and up to 80 percent connected
				  imperviousness, such as medium and high density residential, multi-family
				  development, industrial and institutional development, and office parks,
				  infiltrate sufficient runoff volume so that the post-development infiltration
				  volume shall be at least 75 percent of the pre-development infiltration volume,
				  based on an average annual rainfall. However, when designing appropriate
				  infiltration systems to meet this requirement, no more than 2 percent of the
				  post-construction site is required as an effective infiltration area.
(c)
High imperviousness
. For
				  development with more than 80 percent connected imperviousness, such as
				  commercial strip malls, shopping centers, and commercial downtowns, infiltrate
				  sufficient runoff volume so that the post-development infiltration volume shall
				  be at least 60 percent of the pre-development infiltration volume, based on an
				  average annual rainfall. However, when designing appropriate infiltration
				  systems to meet this requirement, no more than 2 percent of the
				  post-construction site is required as an effective infiltration area.
Note:
A histogram showing the relationship
					 between connected imperviousness and land use is available from the department
					 at dnr.wi.gov.
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 151.126 - Fueling and vehicle maintenance areas performance standard

Current through June 24, 2024
Fueling and vehicle maintenance areas shall have BMPs
					 designed, installed, and maintained to reduce petroleum within runoff, so that
					 the runoff that enters waters of the state contains no visible petroleum sheen,
					 or to the maximum extent practicable.
A combination of the following BMPs may be used: oil and
						grease separators, canopies, petroleum spill cleanup materials, or any other
						structural or non-structural method of preventing or treating petroleum in
						runoff.
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 151.127 - Location

Current through June 24, 2024
To comply with the standards required under ss.
					 NR
					 151.122 to
					 151.124, BMPs may be located on-site
					 or off-site as part of a regional storm water device, practice, or system, but
					 shall be installed in accordance with s.
					 NR
					 151.003.
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 151.128 - Timing

Current through June 24, 2024
The BMPs that are required under ss.
					 NR
					 151.122 to 151.126 shall be installed before the
					 construction site has undergone final stabilization.
In accordance with subch. V, the department has developed
						technical standards to help meet the post-construction performance standards.
						These technical standards are available from the department at
						dnr.wi.gov.
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 151.13 - Developed urban area performance standard for municipalities

Current through June 24, 2024
(1)
				  INCORPORATED MUNICIPALITIES.
(a)
Applicability.
This subsection applies to any incorporated
				  municipality with an average density of 1,000 people per square mile or
				  greater, based on the latest decennial census made by the U.S. census, as well
				  as any commercial and industrial areas contiguous to these areas.
Note:
The municipality has primary
					 responsibility for complying with this subsection. However, the public is
					 expected to follow municipal ordinance requirements and requests to carry out
					 activities such as: proper curbside placement of leaves for collection,
					 relocating vehicles for street sweeping, and utilizing proper disposal methods
					 for oils and other chemicals.
(b)
Requirements
. For areas
				  identified under par. (a), all of the following shall be implemented:
1. A public information and education
				  program, utilizing materials identified by the department, promoting beneficial
				  on-site reuse of leaves and grass clippings and proper use of turf and garden
				  fertilizers and pesticides, proper management of pet wastes, and prevention of
				  dumping oil and other chemicals in storm sewers.
2. A municipal program, as appropriate, for
				  the management of leaf and grass clippings, including public education about
				  this program.
3. The application of
				  turf and garden fertilizers on five acres or more of municipally controlled
				  properties shall be done in accordance with a site specific nutrient
				  application schedule based on appropriate soil tests. The nutrient application
				  schedule shall be designed to maintain the optimal health of the turf or garden
				  vegetation.
Note:
In accordance with subch. V, the
					 department has developed a technical standard to help meet the nutrient
					 management performance standard. The technical standard is available from the
					 department at dnr.wi.gov.
4.
				  Detection and elimination of illicit discharges to storm sewers.
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 151.14 - Turf and garden nutrient management performance standard

Current through June 24, 2024
(1) APPLICABILITY.
				  This section applies when all of the following conditions are met:
(a) The property is not subject to s.
				  NR
				  151.13(1) (b) 3.
(b) Nutrients are applied to over 5 acres of
				  turf or garden.
(c) The property
				  discharges runoff to waters of the state.
(d) The property is not an agricultural
				  facility or practice.
(e) The
				  property does not conduct silviculture activity.
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 151.15 - Implementation and enforcement

Current through June 24, 2024
(1) IMPLEMENTATION.
				  This subchapter shall be implemented as follows:
(a)
Construction sites and
				  post-construction sites.
The provisions of ss.
				  NR
				  151.11,
				  151.12, and
				  151.121 to shall be 151.128
				  implemented through subch. III of ch. NR 216.
Note: The department may develop and revise available model
					 ordinances to reflect the applicability and performance standards in ss.
					 NR
					 151.11,
					 151.12, and
					 151.121 to
					 151.128. These model ordinances are
					 in ch. NR 152. Municipalities are encouraged to adopt the requirements of ss.
					 NR
					 151.11,
					 151.12, and
					 151.121 to
					 151.128, into local ordinances.
					 Incentives are included in the grant programs identified in chs. NR 153 and
					 155, for municipalities that adopt
					 the performance standards into their ordinances, provide an information and
					 education program, and track and report their enforcement activity.
(b)
Developed urban
				  areas.
The provisions of s.
				  NR
				  151.13(2) shall be implemented
				  through subch. I of ch. NR 216.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.20 - Purpose and applicability

Current through June 24, 2024
(1) This subchapter
				  establishes performance standards, as authorized by s.
				  281.16(2)
				  (a), Stats., for transportation facilities
				  that cause or may cause runoff pollution. These performance standards are
				  intended to limit runoff pollution in order to achieve water quality standards.
				  Design guidance and the process for developing technical standards to implement
				  this subchapter are set forth in subch. V.
(2) Transportation facilities that are
				  directed and supervised by the department of transportation and that are
				  regulated by an administrative rule administered by the department of
				  transportation, where the department determines in writing that the rule meets
				  or exceeds the performance standards of this subchapter and is implemented in
				  accordance with the administrative rule provisions, shall be deemed to meet the
				  requirements of the portions of this subchapter determined by the
				  department.
(3) In s.
				  NR
				  151.23, soil loss is calculated using the appropriate
				  rainfall or runoff factor, also referred to as the R factor, or an equivalent
				  design storm using a type II distribution, with consideration given to the
				  geographic location of the site and the period of disturbance.
The universal soil loss equation and its successors,
						revised universal soil loss equation and revised universal soil loss equation
						2, utilize an R factor which has been developed to estimate soil erosion,
						averaged over extended time periods. The R factor can be modified to estimate
						monthly and single-storm erosion.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.21 - Definitions

Current through June 24, 2024
In this subchapter:
(1m) "Average annual rainfall" means a
				  typical calendar year of precipitation as determined by the department for
				  users of models such as SLAMM, P8, or equivalent methodology. The average
				  annual rainfall is chosen from a department publication for the location
				  closest to the municipality.
Note:
Information on how to access SLAMM and
					 P8 and the average annual rainfall files for five locations in the state, as
					 published periodically by the department, is available by contacting the storm
					 water management program at dnr.wi.gov.
(2) "Borrow site" means an area outside of a
				  project site from which stone, soil, sand or gravel is excavated for use at the
				  project site, except the term does not include commercial pits.
(3) "Highway" has the meaning given in s.
				  340.01(22),
				  Stats.
(4) "Material disposal site"
				  means an area outside of a project site, which is used, for the lawful disposal
				  of surplus materials or materials unsuitable for use within the project site
				  that is under the direct control of the contractor. A municipally owned
				  landfill or private landfill that is not managed by the contractor is excluded
				  from this definition.
(5) "Minor
				  reconstruction" means either of the following:
(a) For transportation facility construction
				  sites where, before January 1, 2011, a bid was advertised, a construction
				  contract was signed and no bid was advertised, or a notice of intent was
				  received by the department in accordance with subch. III of ch. NR 216,
				  reconstruction that is limited to 1.5 miles in continuous or aggregate total
				  length of realignment and that does not exceed 100 feet in width of roadbed
				  widening.
(b) For transportation
				  facility construction sites where, on or after January 1, 2011, a bid is
				  advertised, a construction contract signed where no bid is advertised or a
				  notice of intent was received by the department in accordance with subch. III
				  of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or
				  aggregate total length of realignment and that does not exceed 100 feet in
				  width of roadbed widening, and that does not include replacement of a vegetated
				  drainage system with a non-vegetated drainage system except where necessary to
				  convey runoff under a highway or private road or driveway.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.22 - Responsible party

Current through June 24, 2024
(1) TRANSPORTATION FACILITY AUTHORITY.
(a) The transportation facility authority
				  shall develop a design plan to meet the performance standards of this
				  subchapter for land disturbing construction activity at the transportation
				  facility construction site.
(b) The
				  transportation facility authority, in consultation with the department, shall
				  approve the implementation plan submitted under sub. (2) (a). The
				  transportation facility authority shall incorporate the implementation plan
				  into the contract for project construction.
(c) The transportation facility authority
				  shall administer and enforce the implementation plan submitted by the prime
				  contractor under sub. (2) (a) under the contract for project construction. The
				  transportation facility authority shall ensure that the prime contractor
				  follows and maintains the implementation plan under par. (b). If the prime
				  contractor does not follow the implementation plan incorporated into the
				  contract for project construction, the transportation facility authority shall
				  control erosion and sediment at the construction site consistent with the
				  design plan prepared under par. (a) or implementation plan prepared under sub.
				  (2) (a).
(d) Before accepting the
				  completed project, the transportation facility authority shall verify in
				  writing that the prime contractor has satisfactorily completed the
				  implementation plan pursuant to sub. (2) (b). The transportation authority
				  shall submit the written verification to the prime contractor and to the
				  authority in charge of maintenance of the transportation facility. Upon written
				  verification by the transportation facility authority under this paragraph, the
				  prime contractor is released from the responsibility under this subchapter,
				  except for any responsibility for defective work or materials, damages by its
				  own operations, or as may be otherwise required in the project construction
				  contract.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.225 - Construction site performance standard for non-permitted sites and routine maintenance

Current through June 24, 2024
(1) APPLICABILITY. This section applies to
				  any transportation facility construction site that consists of land disturbing
				  construction activity for any of the following:
(a) Transportation facility construction
				  sites of less than one acre.
(b)
				  Routine maintenance if performed for storm water conveyance system cleaning for
				  sites that consist of less than 5 acres.
Note:
Land disturbing construction sites of
					 less than one acre and routine maintenance if performed for storm water
					 conveyance system cleaning for sites that consist of less than 5 acres of land
					 disturbance are not regulated under subch. III of ch. NR 216 unless designated
					 by the department under s.
					 NR
					 216.51(3).
(c) Transportation facility construction
				  projects that are exempted by federal statutes or regulations from the
				  requirement to have a national pollutant discharge elimination system permit
				  issued under 40 CFR 122, for land disturbing construction activity.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.23 - Construction site performance standard for sites of one acre or more

Current through June 24, 2024
(1)
				  APPLICABILITY. This section applies to any transportation facility construction
				  site that consists of one acre or more of land disturbing construction
				  activity.
(a) Subsections (2), (3), (4), and
				  (5) apply to all of the following:
1.
				  Transportation facility construction sites for which the department received a
				  notice of intent in accordance with subch. III of ch. NR 216 before January 1,
				  2011.
2. Transportation facility
				  construction sites for which a bid has been advertised or construction contract
				  signed for which no bid was advertised, before January 1, 2011.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.24 - Post-construction performance standard

Current through June 24, 2024
(1) APPLICABILITY.
				  This section applies to a transportation facility that is or was subject to the
				  construction performance standards of s.
				  NR
				  151.23, except any of the following:
(a) A transportation construction site where
				  the department has received a notice of intent for the construction project in
				  accordance with subch. III of ch. NR 216 within 2 years after October 1,
				  2002.
(b) A transportation facility
				  construction site that has undergone final stabilization within 2 years after
				  October 1, 2002.
(bm) A
				  transportation post-construction site for which the department received a
				  notice of intent for the construction project in accordance with subch. III of
				  ch. NR 216 on or after January 1, 2011. Transportation post-construction sites
				  for which the department received a notice of intent for the construction
				  project, in accordance with subch. III of ch. NR 216, on or after January 1,
				  2011, shall meet the performance standards of ss.
				  NR
				  151.242 to 151.249.
(c) Reconditioning or resurfacing of a
				  highway.
(d) Minor reconstruction
				  of a highway. Notwithstanding the exemption under this paragraph, the
				  protective areas requirements in sub. (6) apply to minor reconstruction of a
				  highway.
(e) A redevelopment
				  transportation facility with no increase in exposed parking lots or
				  roads.
(f) A transportation
				  facility with less than 10% connected imperviousness based on complete
				  development of the transportation facility, provided the cumulative area of all
				  parking lots and rooftops is less than one acre.
Note:
Projects that consist of only the
					 construction of bicycle paths or pedestrian trails generally meet this
					 exception as these facilities have minimal connected
					 imperviousness.
(g)
				  Protective area requirements under sub. (6) do apply to actions described in s.
				  NR
				  151.20(2).
(h) A transportation facility, the
				  construction of which involves activity described in s.
				  NR
				  151.23(1) (a) 2. but that has less
				  than one acre of land disturbing construction activity.
(i) Transportation facility construction
				  projects that are part of a larger common plan of development, such as a
				  residential or industrial development, that are in compliance with the
				  performance standards of subch. III.
(j) Routine maintenance for transportation
				  facilities if performed to maintain the original line and grade, hydraulic
				  capacity or original purpose of the facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.241 - Post-construction performance standards

Current through June 24, 2024
(1) GENERAL. In ss.
				  NR 151.241 to 151.249, "post-construction site" means a construction site
				  subject to regulation under this subchapter, after construction is completed
				  and final stabilization has occurred.
(2) APPLICABILITY. Sections NR 151.241 to
				  151.249 apply to a transportation facility post-construction site that is or
				  was subject to the construction performance standards of s.
				  NR
				  151.23, except any of the following:
(a) A transportation facility
				  post-construction site with less than 10 percent connected imperviousness,
				  based on the area of land disturbance, provided the cumulative area of all
				  impervious surfaces is less than one acre. However, the exemption of this
				  paragraph does not include exemption from the protective area standard of s.
				  NR
				  151.245.
(b) Reconditioning or resurfacing of a
				  highway.
(c) Minor reconstruction
				  of a highway. Notwithstanding the exemption under this paragraph, the
				  protective area performance standard in s.
				  NR
				  151.245 applies to minor reconstruction of a
				  highway.
(d) Transportation
				  facility construction projects that are part of a larger common plan of
				  development, such as a residential or industrial development, that are in
				  compliance with the performance standards of subch. III.
(e) Routine maintenance if performed for
				  storm water conveyance system cleaning.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.243 - Peak discharge performance standard

Current through June 24, 2024
(1) REQUIREMENT. By
				  design, BMPs shall be employed to maintain or reduce the 1-year, 24-hour and
				  the 2-year, 24-hour post-construction peak runoff discharge rates to the
				  1-year, 24-hour and the 2-year, 24-hour pre-development peak runoff discharge
				  rates respectively, or to the maximum extent practicable. The runoff curve
				  numbers in Table 2. shall be used to represent the actual pre-development
				  condition.
Table 2. Maximum Pre-Development Runoff
								  Curve Numbers
Runoff Curve Number
Hydrologic Soil Group
A
B
C
D
Woodland
30
55
70
77
Grassland
39
61
71
78
Cropland
55
69
78
83
Note: Where the pre-development condition is a combination
					 of woodland, grassland, or cropland, the runoff curve number should be
					 pro-rated by area.
(2)
				  EXEMPTIONS. This section does not apply to the following:
(a) A transportation facility
				  post-construction site where the discharge is directly into a lake over 5,000
				  acres or a stream or river segment draining more than 500 square
				  miles.
(b) Except as provided under
				  s.
				  NR
				  151.241(4), a transportation facility
				  that is part of a redevelopment project.
(c) Except as provided under s.
				  NR
				  151.241(4), a highway reconstruction
				  site.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.244 - Infiltration performance standard

Current through June 24, 2024
(1) REQUIREMENT.
				  Except as provided in sub. (2), the requirements are the same as those given in
				  s.
				  NR
				  151.124.
(2) EXEMPTIONS. Except as provided under s.
				  NR
				  151.241(4), transportation facility
				  highway reconstruction and new highways are not required to meet the
				  performance standards of this section.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.246 - Fueling and vehicle maintenance areas performance standard

Current through June 24, 2024
Fueling and vehicle maintenance areas shall have BMPs
					 designed, installed, and maintained to reduce petroleum within runoff, so that
					 the runoff that enters waters of the state contains no visible petroleum sheen,
					 or to the maximum extent practicable.
A combination of the following BMPs may be used: oil and
						grease separators, canopies, petroleum spill cleanup materials, or any other
						structural or non-structural method of preventing or treating petroleum in
						runoff.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.247 - Location

Current through June 24, 2024
To comply with the standards required under ss.
					 NR
					 151.242 to
					 151.244, BMPs may be located on-site
					 or off-site as part of a regional storm water device, practice or system, but
					 shall be installed in accordance with s.
					 NR
					 151.003.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.248 - Timing

Current through June 24, 2024
The BMPs that are required under ss.
					 NR
					 151.242 to 151.246 and 151.249 shall be installed
					 before the construction site has undergone final
					 stabilization.
In accordance with subch. V, the department has developed
						technical standards to help meet the post-construction performance standards.
						These technical standards are available from the department at
						dnr.wi.gov.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.249 - Swale treatment performance standard

Current through June 24, 2024
(1) REQUIREMENT.
				  Except as provided in sub. (2), transportation facilities that use swales for
				  runoff conveyance and pollutant removal are exempt from the requirements of ss.
				  NR
				  151.242 to 151.244, if the swales are designed to do
				  all of the following or to the maximum extent practicable:
(a) Swales shall be vegetated. However, where
				  appropriate, non-vegetative measures may be employed to prevent erosion or
				  provide for runoff treatment, such as rock riprap stabilization or check dams.
Note:
It is preferred that tall and dense
					 vegetation be maintained within the swale due to its greater effectiveness at
					 enhancing runoff pollutant removal.
(b) Swales shall comply with the department
				  technical standard 1005, "Vegetated Infiltration Swale", dated May, 2007,
				  except as otherwise authorized in writing by the department.
Note:
In accordance with subch. V, the
					 Department of Natural Resources has updated technical standard 1005, "Vegetated
					 Swale," dated December 2017, which is the current authorized technical
					 standard. The technical standard is available from the department at
					 dnr.wi.gov.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.25 - Developed urban area performance standard for transportation facilities

Current through June 24, 2024
(1) APPLICABILITY. This section applies to transportation
				  facilities under the jurisdiction of the department of transportation for
				  maintenance purposes that are located within a municipality regulated under
				  subch. I of ch. NR 216.
Note:
Transportation facilities that are not
					 under the jurisdiction of the department of transportation for maintenance
					 purposes are subject to the performance standards in s.
					 NR
					 151.13.
(2) Requirements.
(a) Except as provided in par. (c), the department of
				  transportation shall develop and implement a storm water management plan in
				  consultation with the department to control pollutants from transportation
				  facilities described in sub. (1), for runoff from existing transportation
				  facilities that enters waters of the state as compared to no storm water
				  management controls. By design, the plan shall do the following:
Note:
Section NR 151.25(2) (c) was repealed by
					 CR 19-050 Register January 2020 No 769, eff. 2-1-20.
1. A 20 percent reduction in total suspended
				  solids or to the maximum extent practicable, beginning not later than a date
				  consistent with the municipality regulated under subch. I of ch. NR
				  216.
4. Evidence of meeting the
				  performance standard of this paragraph shall require the use of a model or an
				  equivalent methodology approved by the department. Acceptable models and model
				  versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of
				  those models. An earlier version of SLAMM is acceptable if no credit is being
				  taken for street cleaning.
Note:
Information on how to access SLAMM and
					 P8 and the relevant parameter files is available from the department's storm
					 water management program at dnr.wi.gov.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter IV - Transportation Facility Performance Standards › Section NR 151.26 - Enforcement

Current through June 24, 2024
This subchapter shall be enforced as follows:
(1) If a transportation facility that is
				  exempt from prohibitions, permit or approval requirements by s.
				  30.2022(1m),
				  Stats., does not comply with the performance standards of this subchapter, the
				  department shall initiate the conflict resolution process specified in the
				  cooperative agreement between the department of transportation and the
				  department established under the interdepartmental liaison procedures under s.
				  30.2022(2),
				  Stats.
(2) The department shall
				  enforce this subchapter where applicable for transportation facilities not
				  specified in sub. (1) under s.
				  281.98,
				  Stats.