NR 151.243 NoteNote: Where the pre-development condition is a combination of woodland, grassland, or cropland, the runoff curve number should be pro-rated by area.
NR 151.243(2)(2) Exemptions. This section does not apply to the following: NR 151.243(2)(a)(a) A transportation facility post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles. NR 151.243 NoteNote: The intent of s. NR 151.243 is to minimize streambank and shoreline erosion under bank-full conditions. NR 151.243 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.244NR 151.244 Infiltration performance standard. NR 151.244(2)(2) Exemptions. Except as provided under s. NR 151.241 (4), transportation facility highway reconstruction and new highways are not required to meet the performance standards of this section. NR 151.244 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11; renumbering of (1), (2) made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660. NR 151.245NR 151.245 Protective areas performance standard. NR 151.245(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 151.245(1)(a)(a) For outstanding resource waters and exceptional resource waters, 75 feet. NR 151.245(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 151.245(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 151.245 NoteNote: Information on wetland types, including ephemeral ponds, is available from the department at (608) 266-7012.
NR 151.245(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 151.245(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 151.245(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 151.245(1)(i)(i) For concentrated flow channels with drainage areas greater than 130 acres, 10 feet. NR 151.245(1)(j)(j) Notwithstanding pars. (a) to (i), the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous. NR 151.245 NoteNote: A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
NR 151.245(2)(2) Applicability. This section applies to transportation facility post-construction sites located within a protective area, except those areas exempted pursuant to sub. (4). NR 151.245(3)(3) Requirements. The following requirements shall be met: NR 151.245(3)(a)(a) 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. The transportation facility authority shall state in the design plan prepared pursuant to s. NR 151.241 (3), why it is necessary to construct the transportation facility within a protective area. NR 151.245(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.