Chapter NR 154

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 Note Note: 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.

NR 154.04(42)(d)3.d. d. Aesthetics.

NR 154.04(42)(d)3.e. e. The degree to which other environmental considerations are integrated in the proposal.

NR 154.04(42)(d)3.f. f. The adequacy of the provisions for long-term maintenance of the structural practice.

NR 154.04(42)(d)3.g. g. Other pertinent factors.

NR 154.04(42)(d)3.h. h. The department may waive or modify the review or approval procedures under this subdivision.

NR 154.04(42)(d)4. 4. Any waiver shall be specifically described in the grant agreement or the cost-share agreement.

NR 154.04(42)(d)5. 5. The department may consider providing cost-sharing for accelerated or high efficiency street sweeping systems.

NR 154.04(42)(d)6. 6. The owner of the practice agrees to maintain the practice.

NR 154.04 History History: CR 00-036: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (25) (c) 2., (39) (c) 2. Register December 2010 No. 660, eff. 1-1-11; correction in (25) (c) 2., (39) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 19-002: am. (1) (c), (2) (g), cr. (2m), am. (3) (b), (4) (b), (5) (b), (6), (7), (8) (b), (9), (10) (b), (11) (b), cr. (11m), am. (12) (b), (13) (b), (14), r. (15), am. (17) (b), (18) (b), (19) (b), (20) (b), (c) (1), (21) (b), (22) (b), (23) (b), (24) (b), (25) (b), (26) (b), (27) (b), (28) (b), (30) (b), (31), cr. (31m), am. (32), (33) (b), (34) (b), (35) (b), (36) (b), (37) (b), (38) (b), (39) (b), (40) (b), (41) (b), (42) (c) 1., (42) (d) 1. a., cr. (42) (d) 1. ab., af., ak., ap., as., aw., ay., am. (42) (d) 2. Register April 2020 No. 772, eff. 5-1-20; correction in (2) (g), (2m) (b), (42) (d) 1. a. made under s. 35.17, Stats., Register April 2020 No. 772.