NR 151.245 NoteNote: Other laws, such as ch. 30, Stats., and chs. NR 103, 115, 116, and 117 and their associated review and approval processes may apply in the protective area. NR 151.245(4)(4) Exemptions. This section does not apply to any of the following: NR 151.245(4)(b)(b) Structures that cross or access surface waters such as boat landings, bridges, and culverts. NR 151.245(4)(d)(d) Transportation facilities from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of ss. NR 151.242 to 151.243, except to the extent that vegetative ground cover is necessary to maintain bank stability. NR 151.245 NoteNote: A vegetated protective area to filter runoff pollutants from transportation facilities described in par. (d) is not necessary since the runoff at that location is treated prior to entering the surface water. Other practices necessary to meet the requirements of this section, such as a swale or pond, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state. The requirements of ch. NR 103 still apply and should be considered before runoff is diverted to or from a wetland. NR 151.245 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.246NR 151.246 Fueling and vehicle maintenance areas performance standard. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable. NR 151.246 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 151.246 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.247NR 151.247 Location. 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 151.248 Timing. 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 151.249 Swale 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)(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)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)(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.