NR 151.245(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 151.245(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 151.245(1)(i)
(i) For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.245(1)(j)
(j) Notwithstanding pars.
(a) to
(i), the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
NR 151.245 Note
Note: A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
NR 151.245(2)
(2) Applicability. This section applies to transportation facility post-construction sites located within a protective area, except those areas exempted pursuant to sub.
(4).
NR 151.245(3)
(3) Requirements. The following requirements shall be met:
NR 151.245(3)(a)
(a) 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. The transportation facility authority shall state in the design plan prepared pursuant to s.
NR 151.241 (3), why it is necessary to construct the transportation facility within a protective area.
NR 151.245(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 151.245 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 151.245(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 151.245 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 151.245(4)
(4) Exemptions. This section does not apply to any of the following:
NR 151.245(4)(b)
(b) Structures that cross or access surface waters such as boat landings, bridges, and culverts.
NR 151.245(4)(d)
(d) Transportation facilities 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 151.242 to
151.243, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.245 Note
Note: A vegetated protective area to filter runoff pollutants from transportation facilities described in par. (d) 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 151.245 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.246
NR 151.246 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 151.246 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 151.246 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.247
NR 151.247 Location. To comply with the standards required under ss.
NR 151.242 to
151.244, 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 151.247 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.248
NR 151.248 Timing. The BMPs that are required under ss.
NR 151.242 to
151.246 and
151.249 shall be installed before the construction site has undergone final stabilization.
NR 151.248 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 151.248 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.249
NR 151.249 Swale treatment performance standard. NR 151.249(1)(1)
Requirement. Except as provided in sub.
(2), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of ss.
NR 151.242 to
151.244, if the swales are designed to do all of the following or to the maximum extent practicable:
NR 151.249(1)(a)
(a) Swales shall 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 151.249 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 151.249(1)(b)
(b) Swales shall comply with the department technical standard 1005, “Vegetated Infiltration Swale", dated May, 2007, except as otherwise authorized in writing by the department.
NR 151.249 Note
Note: In accordance with subch. V, the Department of Natural Resources has updated technical standard 1005, “Vegetated Swale,” dated December 2017, which is the current authorized technical standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.249(2)(a)
(a) Notwithstanding sub.
(1), the department may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
NR 151.249(2)(a)3.
3. 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 151.249(2)(b)
(b) 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 subsection.
NR 151.249 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.25
NR 151.25 Developed urban area performance standard for transportation facilities. NR 151.25(1)(1)
Applicability. This section applies to transportation facilities under the jurisdiction of the department of transportation for maintenance purposes that are located within a municipality regulated under subch.
I of ch. NR 216.
NR 151.25 Note
Note: Transportation facilities that are not under the jurisdiction of the department of transportation for maintenance purposes are subject to the performance standards in s.
NR 151.13.
NR 151.25(2)(a)
(a) Except as provided in
par. (c), the department of transportation shall develop and implement a storm water management plan in consultation with the department to control pollutants from transportation facilities described in sub.
(1), for runoff from existing transportation facilities that enters waters of the state as compared to no storm water management controls. By design, the plan shall do the following:
NR 151.25(2)(a)1.
1. A 20 percent reduction in total suspended solids or to the maximum extent practicable, beginning not later than a date consistent with the municipality regulated under subch.
I of ch. NR 216.
NR 151.25(2)(a)4.
4. Evidence of meeting the performance standard of this paragraph shall require 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. An earlier version of SLAMM is acceptable if no credit is being taken for street cleaning.
NR 151.25 Note
Note: Information on how to access SLAMM and P8 and the relevant parameter files is available from the department's storm water management program at dnr.wi.gov.
NR 151.25(2)(b)
(b) The department of transportation shall inform and educate appropriate department of transportation staff and any transportation facility maintenance authority contracted by the department of transportation to maintain transportation facilities owned by the department of transportation regarding nutrient, pesticide, salt and other deicing material and vehicle maintenance management activities in order to prevent runoff pollution of waters of the state.
NR 151.25(2)(d)
(d) 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 151.25 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: r. and recr.
Register December 2010 No. 660, eff. 1-1-11;
CR 19-050 r. (2) (a) 2., 3., (c)
Register January 2020 No. 769, eff. 2-1-20.
NR 151.26
NR 151.26 Enforcement. This subchapter shall be enforced as follows:
NR 151.26(1)
(1) If a transportation facility that is exempt from prohibitions, permit or approval requirements by s.
30.2022 (1m), Stats., does not comply with the performance standards of this subchapter, the department shall initiate the conflict resolution process specified in the cooperative agreement between the department of transportation and the department established under the interdepartmental liaison procedures under s.
30.2022 (2), Stats.
NR 151.26(2)
(2) The department shall enforce this subchapter where applicable for transportation facilities not specified in sub.
(1) under s.
281.98, Stats.
NR 151.26 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register July 2004 No. 583;
CR 09-112: am. (1)
Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2017 No. 733.
subch. V of ch. NR 151
Subchapter V — Technical Standards Development Process for Non-Agricultural Performance Standards
NR 151.30
NR 151.30 Purpose. This subchapter specifies the process for developing and disseminating technical standards to implement the performance standards in subchs.
III and
IV, as authorized by s.
281.16 (2) (b), Stats., and establishes the procedures that the department shall use to determine if technical standards adequately and effectively implement, as appropriate, the performance standards in subchs.
III and
IV. This subchapter applies to technical standards developed or implemented by any agency of the state of Wisconsin.
NR 151.30 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 151.31
NR 151.31 Technical standards development process. NR 151.31(1)(1)
The department shall develop and revise technical standards to implement the performance standards in subchs.
III and
IV through a process outlined as follows:
NR 151.31(1)(a)
(a) The department may decide that a new or revised technical standard is necessary to implement a performance standard.
NR 151.31(1)(b)
(b) Any person may request the department to develop or revise a technical standard designed to meet a performance standard. The request shall be made in writing to the director of the department's bureau of watershed management and shall include the performance standard for which technical standard development or revision may be needed, and an explanation why a new or revised technical standard is requested.
NR 151.31(1)(c)
(c) The department shall evaluate a request submitted pursuant to par.
(b), to determine if it is necessary to develop or revise a technical standard to implement a performance standard. If the department determines that a new or revised technical standard is not necessary to implement a performance standard, it shall reply to the requester in writing as to the reasons that a technical standard does not need to be developed or revised.
NR 151.31(1)(d)
(d) If the department determines that a new or revised technical standard is necessary to implement a performance standard, it shall:
NR 151.31(1)(d)1.
1. Determine the state agency responsible for the technical standard.
NR 151.31(1)(d)2.
2. If the responsible state agency is not the department, request the responsible state agency to develop or revise a technical standard.
NR 151.31(1)(d)3.
3. If the responsible agency denies the request to develop or revise a technical standard, the department may initiate conflict resolution procedures outlined under any existing memorandum of understanding or agreement between the department and the responsible agency. If no conflict resolution procedures exist, the department may attempt to resolve the disagreement through stepped negotiations between increasing higher levels of management.
NR 151.31(1)(e)
(e) The department shall use the following procedures when it acts to develop or revise technical standards to implement the performance standards in subchs.
III and
IV.
NR 151.31(1)(e)1.
1. Convene a work group to develop or revise the technical standard that includes agencies and persons with technical expertise and direct policy interest. The work group shall include at least one representative from the agency or person that made an initial request to develop or revise the technical standard.
NR 151.31(1)(e)2.
2. The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department under subd.
3. NR 151.31(1)(e)3.
3. The work group shall provide a recommended technical standard to the department within 18 months of its formation unless the director of the bureau of watershed management grants an extension to this deadline.
NR 151.31(1)(f)1.1. Notwithstanding other provisions of this section, and acting jointly with the department of transportation and in consultation with other appropriate stakeholders, the department shall:
NR 151.31(1)(f)1.a.
a. Develop a technical standard that, by design, meets the performance standard established in s.
NR 151.23 (4) and
(4m). This technical standard shall address slope erosion and channel erosion and identify BMPs that may be used given a variety of site conditions.
NR 151.31(1)(f)2.
2. For transportation facility construction sites, the technical standard developed under this paragraph shall also indicate any conditions under which it may not be used to implement the performance standard established in s.
NR 151.23 (4) and
(4m).
NR 151.31(1)(f)3.
3. This technical standard and future revisions become effective upon signatures from both secretaries of the department and the department of transportation, or their designees.
NR 151.31(2)(a)(a) Upon receipt of a proposed technical standard or technical standard revision, either developed by the department or a responsible state agency, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards in subchs.
III and
IV. The department shall provide its determination in writing to the responsible state agency that prepared the proposed technical standard.
NR 151.31(2)(b)
(b) If the department determines that a proposed technical standard will not adequately or effectively implement a performance standard in subchs.
III and
IV, the proposed technical standard may not be used to implement a performance standard in whole or in part.
NR 151.31(2)(c)
(c) If the department determines that a proposed technical standard will adequately and effectively implement a performance standard in subchs.
III and
IV in whole or in part, the new or revised technical standard shall be used in lieu of any existing standards to implement the performance standard beginning with plans developed after the date of this determination.
NR 151.31(2)(d)
(d) The department may determine a portion of a technical standard is adequate and effective to implement the performance standards under subch.
III or
IV.
NR 151.31(3)
(3) The department shall accept technical standards and best management practices developed by the department, the department of safety and professional services, the department of transportation or other appropriate state agencies, existing on October 1, 2002, unless the department identifies a technical standard as not adequate or effective to implement a performance standard in subchs.
III and
IV in whole or in part, and informs the responsible state agency of this determination and the basis for it.
NR 151.31(4)
(4) Until the processes under subs.
(1) and
(2) are completed, an existing technical standard identified by the department under sub.
(3), or previously accepted by the department as adequate and effective to implement a performance standard under subch.
III or
IV shall be recognized as appropriate for use under this chapter.
NR 151.31(5)
(5) The department may identify technical standards that exist or are developed by qualified groups or organizations as adequate and effective to implement the performance standards under subch.
III or
IV.
NR 151.31(6)
(6) Except as provided in s.
NR 151.26, if a technical standard that the department determines is not adequate or effective to implement a performance standard in whole or in part is used to implement a performance standard under subch.
III or
IV, the department may initiate enforcement proceedings for failure to meet the performance standard under s.
281.98, Stats.
NR 151.31 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (1) (intro.), 1. a., 2.
Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.93 (4) (b) 6., Stats.,
Register February 2012 No. 674.
