NR 216.42(2)(a)(a) Storm water discharges associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock as defined in s. 95.80 (1) (b), Stats., or poultry, including sod farms and tree nurseries are not regulated by this subchapter. NR 216.42(2)(b)(b) Storm water discharges associated with pasturing or yarding livestock, as defined in s. 95.80 (1) (b), Stats., or poultry are not regulated by this subchapter. NR 216.42(2)(c)(c) The exemptions under pars. (a) and (b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures. NR 216.42(3)(3) Silviculture. Storm water discharges from silviculture activities conducted in accordance with standard industry practices, including nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance are not regulated by this subchapter. Land disturbing construction activity that includes clearing and grubbing of an area of a construction site is not a silviculture activity. NR 216.42 NoteNote: Wisconsin’s Forestry Best Management Practices for Water Quality Field Manual provides examples of silvicultural industry practices. These practices are intended to prevent or reduce pollution to waters of the state from silvicultural activities. Certain lumber, wood and paper product manufacturers may require coverage under a general industrial WPDES permit for storm water discharges pursuant to subch. II. A silviculture activity may require approval pursuant to ch. 30 or 31, Stats., or an U.S. army corps of engineers section 404 permit under 33 USC 1344. NR 216.42(7)(7) Mill and crush operation. If construction activity does not result in land disturbing construction activity including a mill and crush operation that does not have soil disturbance, filling or road shoulder grading, the activity is not regulated under this subchapter. NR 216.42(8)(8) Routine maintenance. Routine maintenance for project sites that involve under 5 acres of land disturbance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility is not regulated under this subchapter. NR 216.42 NoteNote: Grading an existing dirt road or adding gravel to an existing parking lot are examples of routine maintenance. Full depth pavement reconstruction or underground utility replacement involving exposure of bare soils is not routine maintenance.
NR 216.42(8m)(8m) Drainage districts. Storm water discharges from land containing dredged material removed from a drainage district ditch are not regulated by this subchapter if all of the following are met: NR 216.42(8m)(a)(a) The work is authorized by a drainage district subject to ch. 88, Stats. NR 216.42(8m)(b)(b) The land is adjacent to the ditch from which the dredged material was removed. NR 216.42(8m)(c)(c) The area of land disturbing activity that does not meet the exemption in sub. (2) is less than 5 acres for activities that qualify as routine maintenance and less than one acre for all other activities. NR 216.42 NoteNote: Drainage district ditch dredging is also subject to provisions in ch. 30, Stats., and erosion and sediment control performance standards under s. NR 151.105 or 151.11, to implement s. 88.74 (3) (b), Stats. NR 216.42(11)(11) Quarter mile separation. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project may be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan” is not concurrently being disturbed. NR 216.42 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; correction in (4), (9) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 19-053: r. (4), (5), (9) Register January 2020 No. 769, eff. 2-1-20; CR 21-027: am. (1), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3), r. (6), cr. (8m), r. (10) Register March 2022 No. 795, eff. 4-1-22; correction in (2) (a) made under s. 35.17, Stats., Register March 2022. NR 216.43NR 216.43 Notice of intent requirements. NR 216.43(1)(1) Forms. The landowner shall submit a notice of intent to the department on forms available from the department as specified under s. NR 216.006. Data submitted in the notice of intent forms shall be used as a basis for conferring coverage under a WPDES storm water permit. NR 216.43(2)(2) Application fee. A storm water construction site application fee defined by Table 5 shall be submitted to the department with the notice of intent. NR 216.43(3)(3) Signature requirements. The notice of intent form shall be signed by the landowner as follows: NR 216.43(3)(a)(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the officer’s authorized representative having overall responsibility for the operation of the site for which a permit is sought. NR 216.43(3)(b)(b) In the case of a limited liability company, by a member or manager. NR 216.43(3)(d)(d) In the case of a sole proprietorship, by the proprietor. NR 216.43(3)(e)(e) For a unit of government, by a principal executive officer, ranking elected official or other duly authorized representative. NR 216.43(4)(4) Late application fee. If an applicant applies for a permit after land disturbance has commenced, the application fees under sub. (2) shall be doubled. NR 216.43(5)(5) Reapplication. Coverage under a general permit shall be valid for up to 3 years from the date the department conveys coverage for the site. If the covered discharge is not completed within 3 years, the permittee shall reapply for coverage at least 14 working days before coverage will expire. The reapplication fee shall be equal to the application fee at the time of reapplication for the original disturbed area and coverage will remain effective for up to 3 more years. NR 216.43 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (2) Table 5, cr. (4), (5) Register March 2022 No. 795, eff. 4-1-22.