NR 151.24(5)(a)
(a) Except as provided in pars.
(d) to
(g), BMPs shall be designed, installed and maintained to infiltrate runoff to the maximum extent practicable in accordance with one of the following:
NR 151.24(5)(a)1.
1. Infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60% 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% of the project site is required as an effective infiltration area.
NR 151.24(5)(a)2.
2. Infiltrate 10% of the post-development runoff volume from the 2-year, 24-hour design storm with a type II distribution. Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.
NR 151.24 Note
Note: A model that calculates runoff volume, such as SLAMM, P8 or an equivalent methodology may be used. Information on how to access SLAMM and P8 is available from the storm water coordinator in the runoff management section of the bureau of watershed management at dnr.wi.gov.
NR 151.24(5)(c)
(c) 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 par.
(g). Pretreatment may include, but is not limited to, oil/grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
NR 151.24 Note
Note: To minimize potential groundwater impacts it is desirable to infiltrate the cleanest runoff. To achieve this, a design may propose greater infiltration of runoff from low pollutant sources such as roofs, and less from higher pollutant source areas such as parking lots.
NR 151.24(5)(d)
(d) The following are prohibited from meeting the requirements of this subsection:
NR 151.24 Note
Note: Runoff from tier 2 parking and rooftop areas may be infiltrated but may require pretreatment.
NR 151.24(5)(d)4.
4. Areas within 1000 feet upgradient or within 100 feet downgradient of karst features.
NR 151.24(5)(d)5.
5. Areas with less than 3 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
NR 151.24(5)(d)6.
6. Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than 5 feet separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock.
NR 151.24(5)(d)7.
7. Areas within 400 feet of a community water system well as specified in s.
NR 811.16 (4) or within 100 feet of a private well as specified in s.
NR 812.08 (4) for runoff infiltrated from commercial, industrial and institutional land uses or regional devices for residential development.
NR 151.24(5)(d)8.
8. Areas where contaminants of concern, as defined in s.
NR 720.03 (2), are present in the soil through which infiltration will occur.
NR 151.24(5)(d)9.
9. Any area where the soil does not exhibit one of the following characteristics between the bottom of the infiltration system and seasonal high groundwater and top of bedrock:
NR 151.24(5)(d)9.c.
c. Where the soil medium within the infiltration system does not provide an equivalent level of protection.
NR 151.24 Note
Note: The areas listed in par. (d) are prohibited from infiltrating runoff due to the potential for groundwater contamination.
NR 151.24(5)(e)
(e) Transportation facilities located in the following areas and otherwise subject to the requirements of this subchapter are not required to meet the requirements of this subsection:
NR 151.24(5)(e)1.
1. Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the bottom of the infiltration system.
NR 151.24(5)(e)2.
2. Parking areas and access roads less than 5,000 square feet for commercial and industrial development.
NR 151.24(5)(e)5.
5. Infiltration areas during periods when the soil on the site is frozen.
NR 151.24(5)(e)6.
6. Roads in commercial, industrial and institutional land uses, and arterial residential roads.
NR 151.24(5)(f)
(f) Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation, such alternate use shall be given equal credit toward the infiltration volume required by this subsection.
NR 151.24(5)(g)1.1. Infiltration systems designed in accordance with this subsection 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, then the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
NR 151.24(5)(g)2.
2. Notwithstanding subd.
1., the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
NR 151.24(6)(a)
(a) In this subsection, “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 paragraph, “protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
NR 151.24(6)(a)1.
1. For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in s.
NR 103.04, 75 feet.
NR 151.24(6)(a)2.
2. For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
NR 151.24(6)(a)4.
4. For highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. 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 accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
NR 151.24(6)(a)5.
5. For less susceptible wetlands, 10% 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.
NR 151.24(6)(a)6.
6. In subds.
1.,
4. and
5., 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 151.24(6)(a)7.
7. For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.24(6)(b)1.1. Beginning with land acquired within a protective area for a transportation facility on or after October 1, 2002, no impervious surface of a transportation facility may be constructed within a protective area, unless the transportation facility authority determines, in consultation with the department, that there is no practical alternative. If there is no practical alternative to locating a transportation facility within a protective area, the transportation facility may be constructed in the protective area only to the extent the transportation facility authority, in consultation with the department, determines is reasonably necessary, and the transportation facility authority shall state in the design plan prepared pursuant to s.
NR 151.22 (1) (a), why it is necessary to construct the transportation facility within a protective area.
NR 151.24(6)(b)2.
2. If a transportation facility is constructed within a protective area, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained in the area that is the width of the protective area, or the greatest width practical, and throughout the length of the protective area in which the transportation facility is located. The adequate sod or self-sustaining vegetative cover required under this paragraph 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 151.24 Note
Note: It is recommended that seeding of non-aggressive vegetative cover be used in the protective areas. 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 151.24(6)(b)3.
3. Best management practices such as filter strips, swales or wet detention basins, that are designed to control pollutants from nonpoint sources may be located in the protective width area.
NR 151.24 Note
Note: Other regulations, such as ch.
30, Stats., and chs.
NR 103,
115,
116 and
117 and their associated review and approval process may apply in the protective area.
NR 151.24(6)(b)4.b.
b. Transportation facilities that cross or access surface waters, such as boat landings, bridges and culverts.
NR 151.24(6)(b)4.d.
d. Transportation facilities from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.24 Note
Note: A vegetated protective area to filter runoff pollutants from transportation facilities described in subd. 4. d. is not necessary since runoff is not entering the surface water at that location. Other practices necessary to meet requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state.
NR 151.24(7)
(7) Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
NR 151.24 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 151.24(8)
(8) Location. To comply with the standards required under this section, 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 151.24(9)
(9) Timing. The BMPs required under this section shall be installed before the construction site has undergone final stabilization.
NR 151.24(10)(a)
(a)
Applicability. Except as provided in par.
(b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
NR 151.24(10)(a)1.
1. 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.
NR 151.24 Note
Note: It is preferred that tall and dense vegetation be maintained within the swale due to its greater effectiveness at enhancing runoff pollutant removal.
NR 151.24(10)(a)2.
2. Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a 2-year, 24-hour design storm or a 2-year design storm with a duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, the flow velocity shall be reduced to the maximum extent practicable.
NR 151.24 Note
Note: Check dams may be included in the swale design to slow runoff flows and improve pollutant removal. Transportation facilities with continuous features such as curb and gutter, sidewalks or parking lanes do not comply with the design requirements of this subsection. However, a limited amount of structural measures such as curb and gutter may be allowed as necessary to account for other concerns such as human safety or resource protection.
NR 151.24(10)(b)1.1. Notwithstanding par.
(a), the department may, consistent with water quality standards, require other provisions of this section, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2500 and where the initial surface water of the state that the runoff directly enters is any of the following:
NR 151.24(10)(b)1.c.
c. Waters listed in section 303 (d) of the federal clean water act that are identified as impaired in whole or in part, due to nonpoint source impacts.
NR 151.24(10)(b)2.
2. The transportation facility authority shall contact the department's regional storm water staff or the department's liaison to the department of transportation to determine if additional BMPs beyond a water quality swale are needed under this paragraph.
NR 151.241
NR 151.241 Post-construction performance standards. NR 151.241(1)(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.
NR 151.241(2)
(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:
NR 151.241(2)(a)
(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.
NR 151.241(2)(c)
(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.
NR 151.241(2)(d)
(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.
NR 151.241(2)(e)
(e) Routine maintenance if performed for storm water conveyance system cleaning.
NR 151.241(3)
(3) Storm water management plan. The responsible party under s.
NR 151.22 shall develop and implement a written storm water management plan for each transportation facility post-construction site and shall incorporate the requirements of ss.
NR 151.242 to
151.249.
NR 151.241(4)
(4) Maintenance of effort. For non-highway transportation facility redevelopment sites and highway reconstruction where the redevelopment or reconstruction will be replacing older development or highway that was subject to post-construction performance standards of this chapter in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or highway, or meet the redevelopment or highway reconstruction standards of ss.
NR 151.242 to
151.249, whichever are more stringent.
NR 151.241 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.242
NR 151.242 Total suspended solids performance standard. NR 151.242(1)(1)
Requirement. Except as provided in sub.
(3), BMPs shall be designed, installed, and maintained to control total suspended solids carried in runoff from the transportation facility post-construction site. BMPs shall be designed in accordance with Table 1., or to the maximum extent practicable as provided in sub.
(4). The design shall be based on an average annual rainfall, as compared to no runoff management controls.
-
See PDF for table 
NR 151.242(2)
(2) Non-highway transportation redevelopment and highway reconstruction. Except as provided in s.
NR 151.241 (4), the non-highway transportation facility redevelopment and highway reconstruction total suspended solids reduction standard of Table 1. applies to non-highway transportation facility redevelopment and highway reconstruction.
NR 151.242(3)
(3) Delayed implementation. For municipalities that are regulated under subch.
I of ch. NR 216 and for transportation facilities under the jurisdiction of the department of transportation for maintenance purposes that are located within municipalities regulated under subch.
I of ch. NR 216, the highway reconstruction total suspended solids performance standard first applies January 1, 2017.
NR 151.242(4)
(4) 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.
