NR 151.24(5)(g)1.1. Infiltration systems designed in accordance with this subsection shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, then the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
NR 151.24(5)(g)2.2. Notwithstanding subd.1., the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
NR 151.24(6)(6)Protective areas.
NR 151.24(6)(a)(a) In this subsection, “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 paragraph, “protective area” does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.
NR 151.24(6)(a)1.1. For outstanding resource waters and exceptional resource waters, and for wetlands in areas of special natural resource interest as specified in s. NR 103.04, 75 feet.
NR 151.24(6)(a)2.2. For perennial and intermittent streams identified on a United States geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
NR 151.24(6)(a)3.3. For lakes, 50 feet.
NR 151.24(6)(a)4.4. For highly susceptible wetlands, 50 feet. Highly susceptible wetlands include the following types: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes and seasonally flooded basins. 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 accordance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in accordance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed.
NR 151.24(6)(a)5.5. For less susceptible wetlands, 10% 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.
NR 151.24(6)(a)6.6. In subds. 1., 4. and 5., 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 151.24(6)(a)7.7. For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.24(6)(b)(b)
NR 151.24(6)(b)1.1. Beginning with land acquired within a protective area for a transportation facility on or after October 1, 2002, 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, and the transportation facility authority shall state in the design plan prepared pursuant to s. NR 151.22 (1) (a), why it is necessary to construct the transportation facility within a protective area.
NR 151.24(6)(b)2.2. If a transportation facility is constructed within a protective area, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained in the area that is the width of the protective area, or the greatest width practical, and throughout the length of the protective area in which the transportation facility is located. The adequate sod or self-sustaining vegetative cover required under this paragraph 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 151.24 NoteNote: It is recommended that seeding of non-aggressive vegetative cover be used in the protective areas. 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 151.24(6)(b)3.3. Best management practices such as filter strips, swales or wet detention basins, that are designed to control pollutants from nonpoint sources may be located in the protective width area.
NR 151.24 NoteNote: Other regulations, such as ch. 30, Stats., and chs. NR 103, 115, 116 and 117 and their associated review and approval process may apply in the protective area.
NR 151.24(6)(b)4.4. This subsection does not apply to:
NR 151.24(6)(b)4.a.a. Non-highway transportation redevelopment sites.
NR 151.24(6)(b)4.b.b. Transportation facilities that cross or access surface waters, such as boat landings, bridges and culverts.
NR 151.24(6)(b)4.c.c. Structures constructed in accordance with s. 59.692 (1v), Stats.
NR 151.24(6)(b)4.d.d. Transportation facilities from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.24 NoteNote: A vegetated protective area to filter runoff pollutants from transportation facilities described in subd. 4. d. is not necessary since runoff is not entering the surface water at that location. Other practices necessary to meet requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state.
NR 151.24(7)(7)Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
NR 151.24 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 151.24(8)(8)Location. To comply with the standards required under this section, 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 151.24(9)(9)Timing. The BMPs required under this section shall be installed before the construction site has undergone final stabilization.
NR 151.24(10)(10)Swale treatment.
NR 151.24(10)(a)(a) Applicability. Except as provided in par. (b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following: