This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
NR 154.04(29)(d)12.d.d. Herbicides approved for use near water may be used only where essential, and with the approval of the project sponsor.
NR 154.04(29)(d)12.e.e. Heavy equipment is prohibited, except where specifically approved by the project sponsor, to prevent soil compaction. If heavy equipment is used, tree roots shall be protected by not driving over the root zone.
NR 154.04(29)(d)13.13. The following conditions apply to practice operation and maintenance:
NR 154.04(29)(d)13.a.a. All buffer areas are to be managed as no-touch zones unless otherwise approved by the department.
NR 154.04(29)(d)13.b.b. Fertilizers are prohibited after the buffer is established.
NR 154.04(29)(d)13.c.c. Herbicides are prohibited except as approved by the project sponsor, where this is the best method to control undesirable invasive species.
NR 154.04(29)(d)13.d.d. Burning to clear or maintain buffer areas may be conducted if approved by the project sponsor, and is limited to regions where prairies are the natural habitat.
NR 154.04(29)(d)13.e.e. Cutting of trees or shrubs may be done only to prevent safety hazards, or to remove undesirable competitive species, and shall be approved by the project sponsor.
NR 154.04(29)(d)13.f.f. The forest floor duff layer and leaf litter shall remain intact to provide a continuous ground cover and meet the habitat functions of this practice.
NR 154.04(29)(d)13.g.g. Lawn mowing is permitted in the viewing and access corridors. Elsewhere, mowing is prohibited except in established prairie buffer areas, and in accordance with a mowing plan approved by the project sponsor. In viewing and access corridors, mowing is allowed to a minimum height of 10 inches, and only as needed to reduce competition from undesirable species. Mowing may occur only between August 1 and September 1 to avoid disturbance of nesting birds and allow regrowth before winter.
NR 154.04(29)(d)13.h.h. Vehicles, boats, docks or other equipment storage shall be excluded from the restoration area to prevent soil compaction and damage to the buffer vegetation. Boats and docks may be temporarily stored during non-growing seasons as long as vegetative cover is unaffected.
NR 154.04(29)(d)13.i.i. The access corridor may not channel runoff to the waterbody and shall be located to avoid areas of high runoff or erodible soils. Grass or other cover that will hold the soil is required for the access corridor.
NR 154.04(29)(d)13.j.j. Except for areas waterward of the access corridor, areas waterward of the buffer shall be managed as no-touch zones.
NR 154.04(29)(d)13.k.k. The shoreline habitat restoration project complies with UW-Extension Publication GWQ014, Shoreline Plants and Landscaping, DNR Publication PUBL-WM-228, Home on the Range - Restoring and Maintaining Grasslands for Wildlife, which are incorporated by reference for this chapter, or similar publications as approved by the project sponsor.
NR 154.04 NoteNote: This document is available electronically at http://clean-water.uwex.edu/pubs/pdf/shorlpl.pdf.
NR 154.04(29)(d)14.14. The landowner or land operator agrees to maintain the shoreline habitat restoration project.
NR 154.04(30)(30)Sinkhole treatment.
NR 154.04(30)(a)(a) The department may provide cost-share grants to implement sinkhole treatment.
NR 154.04(30)(b)(b) The provisions for sinkhole treatment included in s. ATCP 50.87 shall apply.
NR 154.04(31)(31)Streambank or shoreline protection.
NR 154.04(31)(a)(a) The department may provide cost-share grants to implement streambank or shoreline protection.
NR 154.04(31)(b)(b) Except as provided under par. (c), the provisions for streambank or shoreline protection included in s. ATCP 50.88 shall apply.
NR 154.04(31)(c)(c) The 25% cost-share limitation for a cost-share grant for rock and timber riprap used to establish fish habitat in s. ATCP 50.88 (2) (b) does not apply to grants issued by the department.
NR 154.04(31m)(31m)Stream crossing.
NR 154.04(31m)(a)(a) The department may provide cost-share grants to implement a stream crossing.
NR 154.04(31m)(b)(b) The provisions for stream crossing included in s. ATCP 50.885 shall apply.
NR 154.04(32)(32)Stripcropping.
NR 154.04(32)(a)(a) The department may provide cost-share grants to implement stripcropping.
NR 154.04(32)(b)(b) The provisions for stripcropping included in s. ATCP 50.89 shall apply.
NR 154.04(33)(33)Subsurface drains.
NR 154.04(33)(a)(a) The department may provide cost-share grants to implement subsurface drains.
NR 154.04(33)(b)(b) The provisions for subsurface drains included in s. ATCP 50.90 shall apply.
NR 154.04(34)(34)Terrace systems.
NR 154.04(34)(a)(a) The department may provide cost-share grants to implement terrace systems.
NR 154.04(34)(b)(b) The provisions for terrace systems included in s. ATCP 50.91 shall apply.
NR 154.04(35)(35)Underground outlets.
NR 154.04(35)(a)(a) The department may provide cost-share grants to implement underground outlets.
NR 154.04(35)(b)(b) The provisions for underground outlets included in s. ATCP 50.92 shall apply.
NR 154.04(36)(36)Waste transfer systems.
NR 154.04(36)(a)(a) The department may provide cost-share grants to implement waste transfer systems.
NR 154.04(36)(b)(b) The provisions for waste transfer systems included in s. ATCP 50.93 shall apply.
NR 154.04(37)(37)Wastewater treatment strips.
NR 154.04(37)(a)(a) The department may provide cost-share grants to implement wastewater treatment strips.
NR 154.04(37)(b)(b) The provisions for wastewater treatment strips included in s. ATCP 50.94 shall apply.
NR 154.04(38)(38)Water and sediment control basins.
NR 154.04(38)(a)(a) The department may provide cost-share grants to implement water and sediment control basins.
NR 154.04(38)(b)(b) The provisions for water and sediment control basins included in s. ATCP 50.95 shall apply.
NR 154.04(39)(39)Waterway systems.
NR 154.04(39)(a)(a) The department may provide cost-share grants to implement waterway systems.
NR 154.04(39)(b)(b) Except as provided under par. (c), the provisions for waterway systems included in s. ATCP 50.96 shall apply.
NR 154.04(39)(c)(c) The following are exceptions to par. (b):
NR 154.04(39)(c)1.1. Single payments in addition to installation costs are cost-shared in accordance with s. NR 154.03 (1) (i) 3.
NR 154.04(39)(c)2.2. Eligible costs for easement purchases shall be determined in accordance with s. NR 153.25 rather than ch. ATCP 50.
NR 154.04(40)(40)Well decommissioning.
NR 154.04(40)(a)(a) The department may provide cost-share grants to implement well decommissioning.
NR 154.04(40)(b)(b) The provisions for well decommissioning included in s. ATCP 50.97 shall apply.
NR 154.04(41)(41)Wetland development or restoration.
NR 154.04(41)(a)(a) The department may provide cost-share grants to implement wetland development or restoration.
NR 154.04(41)(b)(b) The provisions for wetland development or restoration included in s. ATCP 50.98 shall apply.
NR 154.04(42)(42)Urban best management practices.
NR 154.04(42)(a)(a) Definitions. In this subsection:
NR 154.04(42)(a)1.1. “Structural urban best management practices” means detention basins, wet basins, infiltration basins and trenches and wetland basins.
NR 154.04(42)(a)2.2. “Urban best management practices” means structural urban best management practices and other source area measures, transport system and end-of-pipe measures designed to control storm water runoff rates, volumes and discharge quality. “Source area” means a component of urban land use including rooftops, sidewalks, driveways, parking lots, storage areas, streets and lawns from which storm water pollutants are generated during periods of snowmelt and rainfall runoff.
NR 154.04(42)(b)(b) Eligible costs. Cost-sharing may be provided for:
NR 154.04(42)(b)1.1. Costs for excavation, grading, mulching, seeding, necessary landscaping, piping, drop spillways and other measures required to implement the practice.
NR 154.04(42)(b)2.2. Costs for land acquisition, including storm sewer rerouting and the removal of structures necessary to install structural urban best management practices.
NR 154.04(42)(b)3.3. Costs for materials and labor for the initial installation of groundwater monitoring wells required by the department.
NR 154.04(42)(b)4.4. Costs, on a prorated basis, for multi-purpose practices which manage both water quality and unrelated water quantity problems.
NR 154.04(42)(c)(c) Ineligible costs. Cost-sharing under this chapter may not be provided for:
NR 154.04(42)(c)1.1. Costs for best management practices, land acquisition, storm sewer rerouting or removal of structures where the practices serve solely to solve drainage and flooding problems unrelated to water quality improvement.
NR 154.04(42)(c)2.2. Costs for removal or disposal of accumulated sediments or other materials needed to properly maintain the practice.
NR 154.04(42)(d)(d) Design, construction and maintenance. The department shall identify acceptable standards for each structural urban best management practice enumerated in an approved priority watershed plan, approved priority lake plan or project grant.
NR 154.04(42)(d)1.1. A cost-share grant under ch. NR 153 or 155 may not reimburse costs for urban best management practices under this section unless those practices comply with all the following that apply:
NR 154.04(42)(d)1.a.a. Wet detention basins shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1001, wet detention basin 1001 (October 2007), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.ab.ab. Infiltration basins shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1003, infiltration basin 1003 (October 2004), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.af.af. Bioretention devices shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1004, bioretention for infiltration 1004 (October 2014), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.ak.ak. Vegetated swales shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1005, vegetated swale 1005 (December 2017), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.ap.ap. Proprietary storm water sedimentation devices shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1006, proprietary storm water sedimentation devices 1006 (April 2009), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.as.as. Infiltration trench shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1007, infiltration trench 1007 (May 2012), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.aw.aw. Permeable pavement shall be designed consistent with the Wisconsin department of natural resources conservation practice standard 1008, permeable pavement 1008 (February 2016), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.ay.ay. Site evaluations for storm water infiltration practices including bioretention devices, infiltration basins, and infiltration trenches shall be conducted consistent with the Wisconsin department of natural resources conservation practice standard 1002, site evaluation for storm water infiltration 1002 (September 2017), which is incorporated by reference for this chapter.
NR 154.04(42)(d)1.b.b. The governmental unit, landowner or land operator shall submit preliminary designs for each identified alternative to the department for review and comment.
NR 154.04(42)(d)1.c.c. Based on the review of the preliminary designs for each alternative, the governmental unit, landowner or land operator shall submit a detailed design including pertinent information addressing each criterion listed in subd. 3., for the selected alternative prepared by a registered professional engineer or other individual trained in the design of the practice and approved by the department, to the department for review and approval.
NR 154.04 NoteNote: Copies of urban best management technical standards may be inspected at the offices of the department’s bureau of watershed management and the legislative reference bureau, all in Madison, WI. They are also available electronically at https://dnr.wi.gov/topic/Stormwater/standards/postconst_standards.html.
NR 154.04(42)(d)2.2. The department shall consider standards developed under the process in subch. V of ch. NR 151 and other documents when identifying acceptable standards for urban best management practices.
NR 154.04(42)(d)3.3. The department shall approve or disapprove within 90 days the detailed design based on the following criteria:
NR 154.04(42)(d)3.a.a. Adequacy of pollutant control to protect surface water, groundwater and wetland resources in accordance with the objectives of a watershed plan. Applicable performance standards identified in ch. NR 151 may be considered and addressed in the detailed design.
NR 154.04(42)(d)3.b.b. Consistency with water quality provisions of department approved plans, such as priority watershed or lake plans, integrated resource management plans, remedial action plans or wellhead protection plans, or with existing local storm water management ordinances or plans that meet minimum department requirements.
NR 154.04(42)(d)3.c.c. Structural integrity of the design.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.