NR 151.11(6m)(b)4.4. Notwithstanding subd. 1. or 2., if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable. NR 151.11 NoteNote: The department of natural resources has developed guidance document no. 3800-2017-03 to assist with compliance with the 5 tons per acre sediment performance standard.
NR 151.11 NoteNote: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.
NR 151.11(6m)(c)(c) Preventive measures. The plan shall incorporate all of the following: NR 151.11(6m)(c)1.1. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible. NR 151.11(6m)(c)3.3. Minimization of land disturbing construction activity on slopes of 20% or more. NR 151.11(7)(7) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state. NR 151.11 NoteNote: While regional treatment facilities are appropriate for control of post-construction pollutants they should not be used for construction site sediment removal.
NR 151.11(8)(8) Implementation. The BMPs used to comply with this section shall be implemented as follows: NR 151.11(8)(a)(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the plan developed under sub. (5). NR 151.11(8)(b)(b) Erosion and sediment control practices shall be maintained until final stabilization. NR 151.11(8)(c)(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site. NR 151.11(8)(d)(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. NR 151.11(8)(e)(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party. NR 151.11 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (1), (2), (4), (5), (6) (title), (7), cr. (6m), (8) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (a) 2. made under s. 13.93 (4) (b) 7., Stats., Register February 2012 No. 674. NR 151.12NR 151.12 Post-construction performance standard for new development and redevelopment. NR 151.12(1)(a)(a) “Post-construction site” means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred. NR 151.12(1)(b)(b) Average annual rainfall is determined by the following years and locations: Madison, 1981 (Mar. 12-Dec. 2); Green Bay, 1969 (Mar. 29-Nov. 25); Milwaukee, 1969 (Mar. 28-Dec. 6); Minneapolis, 1959 (Mar. 13-Nov. 4); Duluth, 1975 (Mar. 24-Nov. 19). Of the 5 locations listed, the location closest to a project site best represents the average annual rainfall for that site. NR 151.12(2)(2) Applicability. This section applies to a post-construction site that is or was subject to the construction performance standards of s. NR 151.11, except any of the following: NR 151.12(2)(a)(a) A post-construction site where the department has received a notice of intent for the construction project, in accordance with subch. III of ch. NR 216, within 2 years after October 1, 2002. NR 151.12(2)(b)(b) A post-construction site where the department of commerce has received a notice of intent, in accordance with s. Comm 61.115, within 2 years after October 1, 2002. NR 151.12 NoteNote: Section Comm 61.115 was repealed effective 4-1-07.
NR 151.12(2)(bm)(bm) A post-construction site for which the department received a notice of intent for the construction project, in accordance with subch. III of ch. NR 216, on or after January 1, 2011. Post-construction sites for which the department received a notice of intent for the construction project, in accordance with subch. III of ch. NR 216, on or after January 1, 2011, shall meet the performance standards of ss. NR 151.122 to 151.128. NR 151.12(2)(c)(c) A redevelopment post-construction site with no increase in exposed parking lots or roads. NR 151.12(2)(d)(d) A post-construction site with less than 10% connected imperviousness based on complete development of the post-construction site, provided the cumulative area of all parking lots and rooftops is less than one acre. NR 151.12 NoteNote: Projects that consist of only the construction of bicycle paths or pedestrian trails generally meet this exception as these facilities have minimal connected imperviousness.