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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.126NR 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 NoteNote: 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.127NR 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.128NR 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 NoteNote: 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.13NR 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 NoteNote: 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 NoteNote: 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(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 NoteNote: 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 151.14NR 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 NoteNote: 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 151.15NR 151.15 Implementation and enforcement. NR 151.15(1)(1) Implementation. This subchapter shall be implemented as follows: NR 151.15 NoteNote: 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 HistoryHistory: 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 151.20NR 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 NoteNote: 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 151.21NR 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 NoteNote: 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.
