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.
NR 151.13(2)(b)
(b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:
NR 151.13(2)(b)1.
1. `Stage 1 requirements.' The municipalities identified under par.
(a) shall implement all of the following within 2 years of receiving permit coverage under subch.
I of ch. NR 216:
NR 151.13(2)(b)1.b.
b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.
NR 151.13(2)(b)5.
5. `Model requirements.' Evidence of meeting the performance standard of
subd. 2. shall be based on 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. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.
NR 151.13 Note
Note: Information on how to access SLAMM and P8 and the relevant parameter files are available by contacting the department's storm water management program at dnr.wi.gov.
NR 151.13(2)(c)
(c) Location. To comply with the standards required under this subsection, 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 151.13(2)(e)
(e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under s.
NR 151.31.
NR 151.14
NR 151.14 Turf and garden nutrient management performance standard. NR 151.14(1)(1)
Applicability. This section applies when all of the following conditions are met:
NR 151.14(1)(b)
(b) Nutrients are applied to over 5 acres of turf or garden.
NR 151.14(1)(d)
(d) The property is not an agricultural facility or practice.
NR 151.14(2)
(2) Responsible party. The landowner is the responsible party and shall comply with this section.
NR 151.14(3)
(3) Requirements. The application of turf and garden fertilizers on these properties shall be done in accordance with site-specific nutrient application schedules based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.14 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 151.15
NR 151.15 Implementation and enforcement. NR 151.15(1)(1)
Implementation. This subchapter shall be implemented as follows:
NR 151.15 Note
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.
NR 151.15(2)
(2) Enforcement. The department shall enforce this subchapter under s.
281.98, Stats., except for those requirements that are implemented through ch.
NR 216, which shall be enforced under ss.
283.89 and
283.91, Stats.
NR 151.15 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112; am. (1), (2)
Register December 2010 No. 660, eff. 1-1-11; correction to numbering of (2) made under s.
13.92 (4) (b) 1., Stats.,
Register December 2010 No. 660.
NR 151.20
NR 151.20 Purpose and applicability. NR 151.20(1)(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.
NR 151.20(2)
(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.
NR 151.20(3)
(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.
NR 151.20 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 151.21
NR 151.21 Definitions. In this subchapter:
NR 151.21(1m)
(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.
NR 151.21 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 by contacting the storm water management program at dnr.wi.gov.
NR 151.21(2)
(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.
NR 151.21(4)
(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.
NR 151.21(5)
(5) “Minor reconstruction" means either of the following:
NR 151.21(5)(a)
(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.
NR 151.21(5)(b)
(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.
NR 151.21(6)
(6) “Prime contractor" means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the transportation facility authority.
NR 151.21(9)
(9) “Public mass transit facility" means any area of land or water which is used, or intended for use, by bus or light rail, and any appurtenant areas which are used, or intended for use, by bus or light rail, including buildings or other facilities or rights-of-way, either publicly or privately owned, that provide the public with general or special service on a regular and continuing basis.
NR 151.21(10)
(10) “Public trail" means a “state ice age trail area" designated under s.
23.17 (2), Stats., a state trail under s.
23.175 (2) (a), Stats., an “all-terrain vehicle trail" under s.
23.33 (1) (d), Stats., an “off-the-road motorcycle trail" under s.
23.33 (9) (b) 4., Stats., a “recreational trail" under s.
30.40 (12m), Stats., a “walkway" under s.
30.40 (22), Stats., a state trail under s.
84.06 (11), Stats., a “bikeway" under s.
84.60 (1) (a), Stats., a “snowmobile trail" under s.
350.01 (17), Stats., a “public snowmobile corridor" under s.
350.12 (3j) (a) 1., Stats., or any other trail open to the public as a matter of right.
NR 151.21(11)
(11) “Railroad" means any area of land or water which is used, or intended for use, in operating a railroad as defined in s.
85.01 (5), Stats., and any appurtenant areas which are used, or intended for use, for railroad buildings or other railroad facilities or rights-of-way, together with all railroad buildings and facilities located thereon.
NR 151.21(15)
(15) “Transportation facility authority"
means any person or entity that is authorized to approve work on a transportation facility by contract, permit or with its own forces or by force account. A permit or approval granted by the department pursuant to ch.
283, Stats., does not qualify as authorization needed to meet this definition.
NR 151.21 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: r. (1), cr. (1m), am. (5), (8)
Register December 2010 No. 660, eff. 1-1-11.
