NR 216.41
NR 216.41 Purpose. The purpose of this subchapter is to establish criteria defining those construction site activities that constitute discharges needing a WPDES storm water permit for landowners of construction sites that require coverage under a WPDES permit for storm water discharges; and the requirements for filing a WPDES permit application for a construction site, as required by s.
283.33, Stats.; to prescribe the form of the WPDES permit application pursuant to s.
283.37, Stats.; to specify the number of working days within which the department will indicate its intended action on a WPDES permit application or request for modification, pursuant to s.
227.116 (1r), Stats.; and to specify the erosion control and storm water management that is required at construction sites regulated under this subchapter.
NR 216.41 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04; correction made under s.
13.92 (4) (b) 7., Stats.,
Register April 2013 No. 688.
NR 216.42(1)(1)
Construction sites of one acre or more of land disturbance. Except as provided in subs.
(2) to
(11), a notice of intent shall be filed with the department under s.
NR 216.43 or to the department via an authorized local program under s.
NR 216.10 by any landowner who intends to create a point source discharge of storm water from a construction site to waters of the state. The landowner of the construction site regulated by this subchapter shall comply with all applicable provisions of this subchapter and the appropriate WPDES permit issued pursuant to this subchapter.
NR 216.42 Note
Note:
Disturbances less than one acre may require a permit if the disturbances are part of a common plan of development with one acre or more of total land disturbance as described in s.
NR 216.002 (2).
NR 216.42(2)(a)(a) Storm water discharges associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock as defined in s.
95.80 (1) (b), Stats., or poultry, including sod farms and tree nurseries are not regulated by this subchapter.
NR 216.42(2)(b)
(b) Storm water discharges associated with pasturing or yarding livestock, as defined in s.
95.80 (1) (b), Stats., or poultry are not regulated by this subchapter.
NR 216.42(2)(c)
(c) The exemptions under pars.
(a) and
(b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures.
NR 216.42(3)
(3)
Silviculture. Storm water discharges from silviculture activities conducted in accordance with standard industry practices, including nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance are not regulated by this subchapter. Land disturbing construction activity that includes clearing and grubbing of an area of a construction site is not a silviculture activity.
NR 216.42 Note
Note:
Wisconsin's Forestry Best Management Practices for Water Quality Field Manual provides examples of silvicultural industry practices. These practices are intended to prevent or reduce pollution to waters of the state from silvicultural activities. Certain lumber, wood and paper product manufacturers may require coverage under a general industrial WPDES permit for storm water discharges pursuant to subch. II. A silviculture activity may require approval pursuant to ch.
30 or
31, Stats., or an U.S. army corps of engineers section 404 permit under
33 USC 1344.
NR 216.42(7)
(7)
Mill and crush operation. If construction activity does not result in land disturbing construction activity including a mill and crush operation that does not have soil disturbance, filling or road shoulder grading, the activity is not regulated under this subchapter.
NR 216.42(8)
(8)
Routine maintenance. Routine maintenance for project sites that involve under 5 acres of land disturbance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility is not regulated under this subchapter.
NR 216.42 Note
Note:
Grading an existing dirt road or adding gravel to an existing parking lot are examples of routine maintenance. Full depth pavement reconstruction or underground utility replacement involving exposure of bare soils is not routine maintenance.
NR 216.42(8m)
(8m)
Drainage districts. Storm water discharges from land containing dredged material removed from a drainage district ditch are not regulated by this subchapter if all of the following are met:
NR 216.42(8m)(a)
(a) The work is authorized by a drainage district subject to ch.
88, Stats.
NR 216.42(8m)(b)
(b) The land is adjacent to the ditch from which the dredged material was removed.
NR 216.42(8m)(c)
(c) The area of land disturbing activity that does not meet the exemption in sub.
(2) is less than 5 acres for activities that qualify as routine maintenance and less than one acre for all other activities.
NR 216.42 Note
Note:
Drainage district ditch dredging is also subject to provisions in ch.
30, Stats., and erosion and sediment control performance standards under s.
NR 151.105 or
151.11, to implement s.
88.74 (3) (b), Stats.
NR 216.42(11)
(11)
Quarter mile separation. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project may be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan" is not concurrently being disturbed.
NR 216.42 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04; correction in (4), (9) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
CR 19-053: r. (4), (5), (9)
Register January 2020 No. 769, eff. 2-1-20;
CR 21-027: am. (1), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3), r. (6), cr. (8m), r. (10) Register March 2022 No. 795, eff. 4-1-22; correction in (2) (a) made under s. 35.17, Stats., Register March 2022.
NR 216.43
NR 216.43 Notice of intent requirements. NR 216.43(1)(1)
Forms. The landowner shall submit a notice of intent to the department on forms available from the department as specified under s.
NR 216.006. Data submitted in the notice of intent forms shall be used as a basis for conferring coverage under a WPDES storm water permit.
NR 216.43(2)
(2)
Application fee. A storm water construction site application fee defined by Table 5 shall be submitted to the department with the notice of intent.
-
See PDF for table 
NR 216.43(3)
(3)
Signature requirements. The notice of intent form shall be signed by the landowner as follows:
NR 216.43(3)(a)
(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the officer's authorized representative having overall responsibility for the operation of the site for which a permit is sought.
NR 216.43(3)(b)
(b) In the case of a limited liability company, by a member or manager.
NR 216.43(3)(d)
(d) In the case of a sole proprietorship, by the proprietor.
NR 216.43(3)(e)
(e) For a unit of government, by a principal executive officer, ranking elected official or other duly authorized representative.
NR 216.43(4)
(4)
Late application fee. If an applicant applies for a permit after land disturbance has commenced, the application fees under sub.
(2) shall be doubled.
NR 216.43(5)
(5)
Reapplication. Coverage under a general permit shall be valid for up to 3 years from the date the department conveys coverage for the site. If the covered discharge is not completed within 3 years, the permittee shall reapply for coverage at least 14 working days before coverage will expire. The reapplication fee shall be equal to the application fee at the time of reapplication for the original disturbed area and coverage will remain effective for up to 3 more years.
NR 216.43 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04;
CR 21-027: am. (1), (2) Table 5, cr. (4), (5) Register March 2022 No. 795, eff. 4-1-22.
NR 216.44
NR 216.44 Notice of intent deadline. NR 216.44(1)(1)
Except as provided under sub.
(3), a landowner required to obtain WPDES permit coverage for storm water discharges from a construction site shall submit a completed notice of intent, in accordance with the requirements of this subchapter and as specified under s.
NR 216.006. The notice of intent shall be submitted so that it is received by the department at least 14 working days prior to the commencement of any land disturbing construction activities. Unless notified by the department to the contrary, a landowner who has submitted a notice of intent in accordance with the provisions of this subchapter is authorized to discharge storm water from a construction site under the terms and conditions of the general construction site storm water discharge permit 14 working days after the date that the department receives the notice of intent or upon receipt of notification from the department that the construction site is covered under the general construction site discharge permit. The landowner becomes the permittee once the construction site is authorized permit coverage.
NR 216.44(2)
(2) A site-specific erosion control and storm water management plan pursuant to ss.
NR 216.46 and
216.47 shall be completed by the landowner prior to submitting the notice of intent to the department under sub.
(1) and shall be updated as appropriate pursuant to s.
NR 216.50. The erosion control and storm water management plans shall be submitted to the department upon request so that it may evaluate whether the plans comply with ss.
NR 216.46 and
216.47. The department may withhold permit coverage as necessary until it verifies that the plans comply with ss.
NR 216.46 and
216.47.
NR 216.44 Note
Note:
The department encourages landowners and their representatives to consult with the department's regional storm water staff prior to local plan approval on the conceptual plans for erosion control and storm water management. Contact information for department regional storm water staff is available from the department website at
http://dnr.wi.gov/topic/stormwater/contacts.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
NR 216.44(3)
(3) If the construction site is located in an area regulated by an authorized local program under s.
NR 216.10, the landowner shall apply for storm water discharge approval jointly to the department and the authorized local program.
NR 216.44 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04;
CR 21-027: am. (1), (3) Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.
NR 216.45
NR 216.45 Incomplete notice of intent and time limit for department decision. NR 216.45(1)(1)
Within 14 working days after the date the department receives the notice of intent, the department may require an applicant to submit data that the department has identified as being necessary to complete any deficient notice of intent or may require the applicant to submit a complete new notice of intent when the deficiencies are extensive or the appropriate form has not been used.
NR 216.45(2)
(2) The department shall refund to the applicant the stormwater construction site storm water discharge permit application fee paid under s.
NR 216.43 (2) if the department does not make a determination on the permit application within 45 business days of receipt of the information required under sub.
(1). In this subsection, “business day" means any day except Saturday, Sunday and state holidays as designated in s.
230.35 (4) (a), Stats. This subsection does not apply to permit applications related to mining, as defined in s.
293.01 (9), Stats., prospecting, as defined in s.
293.01 (18), Stats., or nonmetallic mining, as defined in s.
295.11 (3), Stats.
NR 216.45 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04.
NR 216.455(1)(1)
A copy of the permit issued under this subchapter and the letter of permit coverage documenting that storm water discharges from the site are covered under a construction site storm water discharge permit shall be kept with building plans on the construction site and with the landowner.
NR 216.455(2)
(2) The permittee shall post a copy of the permit certificate near each main entrance to the construction site in a location where it is legible from a public right-of-way. The permittee shall provide sufficient weather protection to avoid the certificate from becoming unreadable. The department, or an authorized local program under s.
NR 216.10, shall include the permit certificate with the letter of permit coverage.
NR 216.456(1)(1)
The permittee or landowner required to submit a notice of intent under this subchapter is responsible for complying with this subchapter.
NR 216.456(2)
(2) An operator shall comply with this subchapter where the operator has a contract or other agreement with the landowner to meet the requirement.
NR 216.456 Note
Note:
General contractors, landscape architects, project designers and inspectors are responsible for the particular services that they provide to a landowner to comply with the requirements of this subchapter.
NR 216.456 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04.
NR 216.46
NR 216.46 Erosion control plan requirements. NR 216.46(1)(1)
Site-specific plan. The permittee or landowner required to submit a notice of intent under this subchapter shall develop a site-specific erosion control plan for each construction site regulated by this subchapter. The permittee or landowner required to submit a notice of intent under this subchapter, or their representative, shall implement and maintain as appropriate all best management practices specified in the erosion control plan from the start of land disturbing construction activities until final stabilization of the construction site.
NR 216.46(2)
(2)
Performance standards. The construction site erosion control plan shall meet the applicable performance standards in either s.
NR 151.11 for construction sites that are not transportation facilities or s.
NR 151.23 for transportation facility construction sites.
NR 216.46 Note
Note:
Pursuant to s.
NR 151.32 (2), the department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control erosion and sediment runoff. Contact the department storm water program in the Bureau of Watershed Management at (608) 267-7694 to obtain a copy of this list. Transportation facilities regulated under ch.
Trans 401 generally have a 2-step plan development process of an erosion control plan (ECP) that contains design requirements and then development of an erosion control implementation plan (ECIP) that includes implementation details. This subchapter requires an erosion control plan that is equivalent to the ch.
Trans 401 ECP and ECIP plans put together.
NR 216.46(3)
(3)
Plan completion. The erosion control plan shall be completed prior to the submittal of a notice of intent to the department and shall be updated as appropriate pursuant to s.
NR 216.50.
NR 216.46(4)
(4)
Required information. The construction site erosion control plan shall include, at a minimum, the following items:
NR 216.46(4)(a)
(a) Description of the construction site and the nature of the land disturbing construction activity, including representation of the limits of land disturbance on a USGS 7.5-minute series topographical map or as specified by the department.
NR 216.46(4)(b)
(b) Description of the intended sequence of major land disturbing construction activities for major portions of the construction site, such as grubbing, excavation or grading.
NR 216.46(4)(c)
(c) Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land disturbing construction activities.
NR 216.46(4)(d)
(d) Available data describing the surface soil as well as subsoils.
NR 216.46(4)(e)
(e) Wherever permanent infiltration devices will be employed or were evaluated, the depth to the nearest seasonal high groundwater elevation or top of bedrock shall be identified as outlined in s.
NR 216.47 (3).
NR 216.46(4)(f)
(f) Name of immediate named receiving water from the United States geological service 7.5-minute series topographic maps.
NR 216.46(4)(g)
(g) Identify receiving waters, including downstream waters, that are designated as ERW, ORW, or impaired waters.
NR 216.46(5)
(5)
Site map requirements. Each construction site map shall include all of the following:
NR 216.46(5)(a)
(a) Existing topography and drainage patterns, roads and surface waters.
NR 216.46(5)(c)
(c) Drainage patterns and approximate slopes anticipated after major grading activities.
NR 216.46(5)(e)
(e) Location of major structural and non-structural controls identified in the erosion control plan.
NR 216.46(5)(f)
(f) Location of areas where stabilization practices will be employed.
NR 216.46(5)(g)
(g) Areas that will be vegetated following land disturbing construction activities.
NR 216.46(5)(h)
(h) Area and location of wetland acreage on the construction site and locations where storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
NR 216.46(5)(i)
(i) Areas used for infiltration of post-construction storm water runoff.
NR 216.46(5)(j)
(j) An alphanumeric or equivalent grid overlying the entire construction site.
NR 216.46(6)
(6)
Erosion and sediment control best management practices. The erosion control plan shall include a description of appropriate erosion and sediment control best management practices that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion control plan shall clearly describe the appropriate erosion and sediment control best management practices for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control best management practices will be implemented. The description of erosion and sediment control best management practices shall include the following requirements:
NR 216.46(6)(a)
(a) Description of any interim and permanent stabilization practices, including a schedule for implementing the practices. The erosion control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the construction site are stabilized.
NR 216.46(6)(b)
(b) Description of any structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the construction site. Unless otherwise specifically approved in writing, structural measures shall be installed on upland soils.
NR 216.46(6)(c)
(c) Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
NR 216.46(6)(e)
(e) Staging land disturbing construction activities to limit exposed soil areas subject to erosion.
NR 216.46(6)(f)
(f) Protection of downslope drainage inlets where they occur.
NR 216.46(6)(g)
(g) Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
