NR 151.105 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11;
correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register February 2023 No. 806.
NR 151.11
NR 151.11 Construction site performance standard for sites of one acre or more. NR 151.11(1)(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.
NR 151.11 Note
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.
NR 151.11(2)
(2) Applicability. This section applies to any construction site that consists of one acre or more of land disturbing construction activity.
NR 151.11(2)(a)2.
2. Construction sites for which the department of commerce received a notice of intent in accordance with ch.
SPS 360 before January 1, 2011.
NR 151.11(2)(a)3.
3. Construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, before January 1, 2011.
NR 151.11(2)(b)2.
2. Construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, on or after January 1, 2011.
NR 151.11(3)
(3) Exemptions. This section does not apply to the following:
NR 151.11(3)(a)
(a) 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.
NR 151.11(3)(b)
(b) Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
NR 151.11 Note
Note: Transportation facility performance standards are given in subch. IV.
NR 151.11(3)(c)
(c) Nonpoint discharges from agricultural facilities and practices.
NR 151.11 Note
Note: This exemption is for nonpoint discharges from agricultural facilities and practices, such as cropping and pasturing. Subchapter
III of ch. NR 216 also exempts nonpoint discharges, but regulates point source discharges of storm water, such as the construction of barns, manure storage facilities, sand settling lanes, and barnyard runoff control systems. Under s.
NR 216.42 (2), such construction sites are subject to the construction performance standards of this section.
NR 151.11(3)(e)
(e) Routine maintenance for project sites that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
NR 151.11(4)
(4) Responsible party. The landowner or other person performing services to meet the performance standards of this subchapter, through a contract or other agreement with the landowner, is the responsible party and shall comply with this section.
NR 151.11(5)
(5) Plan. The responsible party under sub.
(4) shall develop and implement a written plan for each construction site. The plan shall incorporate the applicable requirements of this section.
NR 151.11 Note
Note: The written plan may be that specified within s.
NR 216.46, the erosion control portion of a construction plan or other plan.
NR 151.11(6)
(6) Pre-January 1, 2011 requirements. The plan required under sub.
(5) shall include the following:
NR 151.11(6)(a)
(a) Best management practices that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.
NR 151.11(6)(b)
(b) Notwithstanding par.
(a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the plan shall include a written and site-specific explanation why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.
NR 151.11(6)(c)
(c) Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable:
NR 151.11(6)(c)1.
1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.
NR 151.11(6)(c)3.
3. Protect separate storm drain inlet structures from receiving sediment.
NR 151.11(6)(d)
(d) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their transport by runoff into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.
NR 151.11(6m)
(6m) Post-January 1, 2011 requirements. The plan required under sub.
(5) shall meet all of the following:
NR 151.11(6m)(a)
(a) Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
NR 151.11(6m)(a)2.
2. The discharge of sediment from disturbed areas into on-site storm water inlets.
NR 151.11(6m)(a)3.
3. The discharge of sediment from disturbed areas into adjacent waters of the state.
NR 151.11(6m)(a)4.
4. The discharge of sediment from drainage ways that flow off the site.
NR 151.11(6m)(a)6.
6. The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
NR 151.11(6m)(a)7.
7. The discharge of sediment from erosive flows at outlets and in downstream channels.
NR 151.11(6m)(a)8.
8. The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
NR 151.11(6m)(a)9.
9. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
NR 151.11 Note
Note: Wastewaters, such as from concrete truck washout, needs to be properly managed to limit the discharge of pollutants to waters of the state. A separate permit may be needed from the department where a wastewater discharge has the potential to adversely impact waters of the state. The appropriate department wastewater specialist should be contacted to determine if wastewater permit coverage is needed where wastewater will be discharged to waters of the state.
NR 151.11(6m)(b)
(b) Sediment performance standards. In addition to the erosion and sediment control practices under par.
(a), the following erosion and sediment control practices shall be employed:
NR 151.11(6m)(b)1.
1. For construction sites for which the department received a notice of intent for the construction project in accordance with subch.
III of ch. NR 216, within 2 years after January 1, 2011, BMPs that, by design, achieve a reduction of 80 percent, or to the maximum extent practicable, of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, until the construction site has undergone final stabilization.
NR 151.11(6m)(b)2.
2. For construction sites for which the department received a notice of intent for the construction project in accordance with subch.
III of ch. NR 216,
2 years or more after January 1, 2011, BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
NR 151.11(6m)(b)3.
3. The department may not require any person to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. The department may give credit toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
NR 151.11(6m)(b)4.
4. Notwithstanding subd.
1. or
2., if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
NR 151.11 Note
Note: The department of natural resources has developed guidance document no. 3800-2017-03 to assist with compliance with the 5 tons per acre sediment performance standard.
NR 151.11 Note
Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.
NR 151.11(6m)(c)
(c) Preventive measures. The plan shall incorporate all of the following:
NR 151.11(6m)(c)1.
1. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
NR 151.11(6m)(c)3.
3. Minimization of land disturbing construction activity on slopes of 20% or more.
NR 151.11(7)
(7) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state.
NR 151.11 Note
Note: While regional treatment facilities are appropriate for control of post-construction pollutants they should not be used for construction site sediment removal.
NR 151.11(8)
(8) Implementation. The BMPs used to comply with this section shall be implemented as follows:
NR 151.11(8)(a)
(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the plan developed under sub.
(5).
NR 151.11(8)(b)
(b) Erosion and sediment control practices shall be maintained until final stabilization.
NR 151.11(8)(c)
(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
NR 151.11(8)(d)
(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
NR 151.11(8)(e)
(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
NR 151.11 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (title), (1), (2), (4), (5), (6) (title), (7), cr. (6m), (8)
Register December 2010 No. 660, eff. 1-1-11; correction in (2) (a) 2. made under s. 13.93 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 151.12
NR 151.12 Post-construction performance standard for new development and redevelopment. NR 151.12(1)(a)
(a) “Post-construction site" means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred.
NR 151.12(1)(b)
(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.
NR 151.12(2)
(2) Applicability. This section applies 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:
NR 151.12(2)(a)
(a) A post-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.
NR 151.12(2)(b)
(b) A post-construction site where the department of commerce has received a notice of intent, in accordance with s.
Comm 61.115, within 2 years after October 1, 2002.
NR 151.12 Note
Note: Section Comm 61.115 was repealed effective 4-1-07.
NR 151.12(2)(bm)
(bm) A 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. 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 151.122 to
151.128.
NR 151.12(2)(c)
(c) A redevelopment post-construction site with no increase in exposed parking lots or roads.
NR 151.12(2)(d)
(d) A post-construction site with less than 10% connected imperviousness based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one acre.
NR 151.12 Note
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.
NR 151.12(2)(f)
(f) An action for which a final environmental impact statement was approved before October 1, 2002.
NR 151.12(2)(g)
(g) An action for which a finding of no significant impact is made under ch.
NR 150 before October 1, 2002.
NR 151.12(2)(h)
(h) Underground utility construction such as water, sewer and fiberoptic lines, but not including the construction of any above ground structures associated with utility construction.
NR 151.12(3)
(3) Responsible party. The landowner of the post-construction site or other person contracted or obligated by other agreement to implement and maintain post-construction storm water BMPs shall comply with this section.
NR 151.12(4)
(4) Storm water management plan. A written storm water management plan shall be developed and implemented for each post-construction site and shall incorporate the requirements of this subsection.
NR 151.12 Note
Note: Examples of storm water management plans that may be used to comply with this section may be that specified within s.
NR 216.47 or the municipal storm water management program specified within s.
NR 216.07 (1) to
(6).
NR 151.12(5)
(5) Requirements. The plan required under sub.
(4) shall include:
NR 151.12(5)(a)
(a)
Total suspended solids. Best management practices shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:
NR 151.12(5)(a)1.
1. For new development, by design, reduce to the maximum extent practicable, the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this subdivision.
NR 151.12(5)(a)2.
2. For redevelopment, by design, reduce to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subdivision.
NR 151.12(5)(a)3.
3. For in-fill development under 5 acres that occurs within 10 years after October 1, 2002, by design, reduce to the maximum extent practicable, the total suspended solids load by 40%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed a 40% total suspended solids reduction to meet the requirements of this subdivision.
NR 151.12(5)(a)4.
4. For in-fill development that occurs 10 or more years after October 1, 2002, by design, reduce to the maximum extent practicable, the total suspended solids load by 80%, based on an average annual rainfall, as compared to no runoff management controls. No person shall be required to exceed an 80% total suspended solids reduction to meet the requirements of this subdivision.
