Register February 2023 No. 806
Chapter NR 151
RUNOFF MANAGEMENT
Subchapter I — General Provisions
NR 151.004 State targeted performance standards.
NR 151.005 Performance standard for total maximum daily loads.
NR 151.006 Applicability of maximum extent practicable.
Subchapter II — Agricultural Performance Standards and Prohibitions
NR 151.02 Sheet, rill and wind erosion performance standard.
NR 151.03 Tillage setback performance standard.
NR 151.04 Phosphorus index performance standard.
NR 151.05 Manure storage facilities performance standards.
NR 151.055 Process wastewater handling performance standard.
NR 151.06 Clean water diversion performance standard.
NR 151.07 Nutrient management.
NR 151.075 Silurian bedrock performance standards.
NR 151.08 Manure management prohibitions.
NR 151.09 Implementation and enforcement procedures for cropland performance standards.
NR 151.095 Implementation and enforcement procedures for livestock performance standards and prohibitions.
NR 151.096 Local livestock operation ordinances and regulations.
Subchapter III — Non-Agricultural Performance Standards
NR 151.105 Construction site performance standard for non-permitted sites.
NR 151.11 Construction site performance standard for sites of one acre or more.
NR 151.12 Post-construction performance standard for new development and redevelopment.
NR 151.121 Post-construction performance standards.
NR 151.122 Total suspended solids performance standard.
NR 151.123 Peak discharge performance standard.
NR 151.124 Infiltration performance standard.
NR 151.125 Protective areas performance standard.
NR 151.126 Fueling and vehicle maintenance areas performance standard.
NR 151.13 Developed urban area performance standard for municipalities.
NR 151.14 Turf and garden nutrient management performance standard.
NR 151.15 Implementation and enforcement.
Subchapter IV — Transportation Facility Performance Standards
NR 151.20 Purpose and applicability.
NR 151.22 Responsible party.
NR 151.225 Construction site performance standard for non-permitted sites and routine maintenance.
NR 151.23 Construction site performance standard for sites of one acre or more.
NR 151.24 Post–construction performance standard.
NR 151.241 Post-construction performance standards.
NR 151.242 Total suspended solids performance standard.
NR 151.243 Peak discharge performance standard.
NR 151.244 Infiltration performance standard.
NR 151.245 Protective areas performance standard.
NR 151.246 Fueling and vehicle maintenance areas performance standard.
NR 151.249 Swale treatment performance standard.
NR 151.25 Developed urban area performance standard for transportation facilities.
Subchapter V — Technical Standards Development Process for Non-Agricultural Performance Standards
NR 151.31 Technical standards development process.
NR 151.32 Dissemination of technical standards.
NR 151.001
NR 151.001 Purpose. This chapter establishes runoff pollution performance standards for non-agricultural facilities and transportation facilities and performance standards and prohibitions for agricultural facilities and practices designed to achieve water quality standards as required by s.
281.16 (2) and
(3), Stats. This chapter also specifies a process for the development and dissemination of department technical standards to implement the non-agricultural performance standards as required by s.
281.16 (2) (b), Stats.
If these performance standards and prohibitions do not achieve water quality standards, this chapter specifies how the department may develop targeted performance standards in conformance with s.
NR 151.004.
NR 151.001 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 151.002
NR 151.002 Definitions. In this chapter:
NR 151.002(1)
(1) “Adequate sod, or self-sustaining vegetative cover" means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
NR 151.002(3)
(3) “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.
NR 151.002 Note
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 at dnr.wi.gov.
NR 151.002(4)
(4) “Best management practices" or “BMPs" means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
NR 151.002(5)
(5) “Combined sewer system" means a system for conveying both sanitary sewage and stormwater runoff.
NR 151.002(6)
(6) “Connected imperviousness" means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
NR 151.002 Note
Note: An example of minimally pervious flow path would be roof runoff flowing across a lawn of less than 20 feet, to the driveway, to the street, and finally to the storm sewer. The department has a guidance document to aid in the application of this term that is available from the department at dnr.wi.gov.
NR 151.002(7)
(7) “Construction site" means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
NR 151.002(8)
(8) “DATCP" means the department of agriculture, trade and consumer protection.
NR 151.002(9)
(9) “Department" means the department of natural resources.
NR 151.002(10)
(10) “Design storm" means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
NR 151.002(11)
(11) “Development" means residential, commercial, industrial or institutional land uses and associated roads.
NR 151.002(11m)
(11m) “Direct conduits to groundwater" means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
NR 151.002(12)
(12) “Effective infiltration area" means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
NR 151.002(13)
(13) “Erosion" means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
