NR 151.247NR 151.247Location. To comply with the standards required under ss. NR 151.242 to 151.244, 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 151.247 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.248NR 151.248Timing. The BMPs that are required under ss. NR 151.242 to 151.246 and 151.249 shall be installed before the construction site has undergone final stabilization.
NR 151.248 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 151.248 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.249NR 151.249Swale treatment performance standard.
NR 151.249(1)(1)Requirement. Except as provided in sub. (2), transportation facilities that use swales for runoff conveyance and pollutant removal are exempt from the requirements of ss. NR 151.242 to 151.244, if the swales are designed to do all of the following or to the maximum extent practicable:
NR 151.249(1)(a)(a) Swales shall be vegetated. However, where appropriate, non-vegetative measures may be employed to prevent erosion or provide for runoff treatment, such as rock riprap stabilization or check dams.
NR 151.249 NoteNote: It is preferred that tall and dense vegetation be maintained within the swale due to its greater effectiveness at enhancing runoff pollutant removal.
NR 151.249(1)(b)(b) Swales shall comply with the department technical standard 1005, “Vegetated Infiltration Swale”, dated May, 2007, except as otherwise authorized in writing by the department.
NR 151.249 NoteNote: In accordance with subch. V, the Department of Natural Resources has updated technical standard 1005, “Vegetated Swale,” dated December 2017, which is the current authorized technical standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.249(2)(2)Other requirements.
NR 151.249(2)(a)(a) Notwithstanding sub. (1), the department may, consistent with water quality standards, require that other requirements, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2,500 and where the initial surface water of the state that the runoff directly enters is any of the following:
NR 151.249(2)(a)1.1. An outstanding resource water.
NR 151.249(2)(a)2.2. An exceptional resource water.
NR 151.249(2)(a)3.3. Waters listed in section 303 (d) of the federal clean water act that are identified as impaired in whole or in part, due to nonpoint source impacts.
NR 151.249(2)(a)4.4. Waters where targeted performance standards are developed pursuant to s. NR 151.004.
NR 151.249(2)(b)(b) The transportation facility authority shall contact the department’s regional storm water staff or the department’s liaison to the department of transportation to determine if additional BMPs beyond a water quality swale are needed under this subsection.
NR 151.249 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.25NR 151.25Developed urban area performance standard for transportation facilities.
NR 151.25(1)(1)Applicability. This section applies to transportation facilities under the jurisdiction of the department of transportation for maintenance purposes that are located within a municipality regulated under subch. I of ch. NR 216.
NR 151.25 NoteNote: Transportation facilities that are not under the jurisdiction of the department of transportation for maintenance purposes are subject to the performance standards in s. NR 151.13.
NR 151.25(2)(2)Requirements.
NR 151.25(2)(a)(a) Except as provided in par. (c), the department of transportation shall develop and implement a storm water management plan in consultation with the department to control pollutants from transportation facilities described in sub. (1), for runoff from existing transportation facilities that enters waters of the state as compared to no storm water management controls. By design, the plan shall do the following:
NR 151.25 NoteNote: Section NR 151.25 (2) (c) was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.
NR 151.25(2)(a)1.1. A 20 percent reduction in total suspended solids or to the maximum extent practicable, beginning not later than a date consistent with the municipality regulated under subch. I of ch. NR 216.
NR 151.25(2)(a)4.4. Evidence of meeting the performance standard of this paragraph shall require 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. An earlier version of SLAMM is acceptable if no credit is being taken for street cleaning.
NR 151.25 NoteNote: Information on how to access SLAMM and P8 and the relevant parameter files is available from the department’s storm water management program at dnr.wi.gov.
NR 151.25(2)(b)(b) The department of transportation shall inform and educate appropriate department of transportation staff and any transportation facility maintenance authority contracted by the department of transportation to maintain transportation facilities owned by the department of transportation regarding nutrient, pesticide, salt and other deicing material and vehicle maintenance management activities in order to prevent runoff pollution of waters of the state.