NR 151.123 Note
Note: The intent of s.
NR 151.123 is to minimize streambank and shoreline erosion under bank-full conditions.
NR 151.123 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.124
NR 151.124 Infiltration performance standard. NR 151.124(1)(1)
Requirement. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable:
NR 151.124(1)(a)
(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.
NR 151.124(1)(b)
(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.
NR 151.124(1)(c)
(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.
NR 151.124 Note
Note: A histogram showing the relationship between connected imperviousness and land use is available from the department at dnr.wi.gov.
NR 151.124 Note
Note: A model that calculates runoff volume, such as SLAMM, P8, or an equivalent methodology may be used. For performance standards based on an average annual rainfall, specific rainfall files for five geographic locations around the state may be used. Information on how to access SLAMM and P8 and the rainfall files is available from the department's storm water management program at dnr.wi.gov. Use the most recent version of the model and the parameter files for Wisconsin users unless directed otherwise by the regulatory authority.
NR 151.124(3)(a)
(a)
Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions of sub.
(6):
NR 151.124(3)(a)1.
1. Areas associated with a tier 1 industrial facility identified in s.
NR 216.21 (2) (a), including storage, loading, and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.
NR 151.124 Note
Note: Runoff from the employee and guest parking and rooftop areas of a tier 2 facility may be infiltrated but runoff from the parking area may require pretreatment.
NR 151.124(3)(a)3.
3. Fueling and vehicle maintenance areas. Rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.
NR 151.124(3)(b)
(b) Exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these source areas is optional:
NR 151.124(3)(b)1.
1. Parking areas and access roads less than 5,000 square feet for commercial development.
NR 151.124(3)(b)2.
2. Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under par.
(a).
NR 151.124(3)(b)5.
5. Roads in commercial, industrial, and institutional land uses, and arterial residential roads.
NR 151.124(4)(a)
(a)
Prohibitions. Infiltration practices may not be located in the following areas:
NR 151.124(4)(a)1.
1. Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.
NR 151.124(4)(a)2.
2. Areas within 400 feet of a community water system well as specified in s.
NR 811.16 (4) or within the separation distances listed in s.
NR 812.08 for any private well or non-community well for runoff infiltrated from commercial, including multi-family residential, industrial, and institutional land uses or regional devices for one- and two-family residential development.
NR 151.124(4)(b)1.1. Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with Table 3:
-
See PDF for table 
NR 151.124(4)(b)2.
2. Notwithstanding par.
(b), applicable requirements for injection wells classified under ch.
NR 815 shall be followed.
NR 151.124(4)(c)
(c) Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirement under the following conditions, but the decision to infiltrate under these conditions is optional:
NR 151.124(4)(c)1.
1. Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inches per hour using a scientifically credible field test method.
NR 151.124(4)(c)2.
2. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. department of agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
NR 151.124(5)
(5) Alternate use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.
NR 151.124(6)(a)
(a) Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch.
NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
NR 151.124(6)(b)
(b) Notwithstanding par.
(a), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
NR 151.124(7)
(7) Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial, and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with sub.
(6). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales, or filter strips.
NR 151.124(8)
(8) Maximum extent practicable. Where the conditions of subs.
(3) and
(4) limit or restrict the use of infiltration practices, the performance standard of s.
NR 151.124 shall be met to the maximum extent practicable.
NR 151.124 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.125
NR 151.125 Protective areas performance standard. NR 151.125(1)(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.
NR 151.125(1)(a)
(a) For outstanding resource waters and exceptional resource waters, 75 feet.
NR 151.125(1)(b)
(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.
NR 151.125(1)(e)
(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.
NR 151.125 Note
Note: Information on wetland types, including ephemeral ponds, is available at (608) 266-7012.
NR 151.125(1)(f)
(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.
NR 151.125(1)(g)
(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.
NR 151.125(1)(h)
(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.
NR 151.125(1)(i)
(i) For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.125(1)(j)
(j) Notwithstanding pars.
(a) to
(i), the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
NR 151.125 Note
Note: A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
NR 151.125(2)
(2) Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to sub.
(4).
NR 151.125(3)
(3) Requirements. The following requirements shall be met:
NR 151.125(3)(a)
(a) Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the storm water management plan shall contain a written, site-specific explanation.
NR 151.125(3)(b)
(b) Where land disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70 percent or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat, and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Non-vegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion such as on steep slopes or where high velocity flows occur.
NR 151.125 Note
Note: It is recommended that seeding of non-invasive vegetative cover be used in the protective areas. Some invasive plants are listed in ch.
NR 40. Vegetation that is flood and drought tolerant and can provide long-term bank stability because of an extensive root system is preferable. Vegetative cover may be measured using the line transect method described in the University of Wisconsin extension publication number A3533, titled “Estimating Residue Using the Line Transect Method".
NR 151.125(3)(c)
(c) Best management practices such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.
NR 151.125 Note
Note: Other laws, such as ch.
30, Stats., and chs.
NR 103,
115,
116, and
117 and their associated review and approval processes may apply in the protective area.
NR 151.125(4)
(4) Exemptions. This section does not apply to any of the following:
NR 151.125(4)(c)
(c) Structures that cross or access surface waters such as boat landings, bridges, and culverts.
NR 151.125(4)(e)
(e) Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of ss.
NR 151.122 to
151.123, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.125 Note
Note: A vegetated protective area to filter runoff pollutants from post-construction sites described in par. (e) is not necessary since the runoff at that location is treated prior to entering the surface water. Other practices necessary to meet the requirements of this section, such as a swale or pond, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state. The requirements of ch.
NR 103 still apply and should be considered before runoff is diverted to or from a wetland.
NR 151.125 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.126
NR 151.126 Fueling and vehicle maintenance areas performance standard. 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.
NR 151.126 Note
Note: 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.
NR 151.126 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.127
NR 151.127 Location. 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.
NR 151.127 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.128
NR 151.128 Timing. The BMPs that are required under ss.
NR 151.122 to
151.126 shall be installed before the construction site has undergone final stabilization.
NR 151.128 Note
Note: 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.
NR 151.128 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.13
NR 151.13 Developed urban area performance standard for municipalities. NR 151.13(1)(a)(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.
NR 151.13 Note
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.
NR 151.13(1)(b)
(b) Requirements. For areas identified under par.
(a), all of the following shall be implemented:
NR 151.13(1)(b)1.
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.
NR 151.13(1)(b)2.
2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.
NR 151.13(1)(b)3.
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.
NR 151.13 Note
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.
NR 151.13(1)(b)4.
4. Detection and elimination of illicit discharges to storm sewers.
NR 151.13(2)(a)
(a)
Applicability. This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch.
I of ch. NR 216.
