NR 216.43 NoteNote: The notice of intent form is available from the department website at http://dnr.wi.gov/topic/Stormwater/construction/forms.html or by calling 1-888-936-7463.
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)(c)(c) In the case of a partnership, by a general partner.
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.
NR 216.44NR 216.44Notice of intent deadline.
NR 216.44(1)(1)Except as provided under sub. (3), a landowner required to obtain WPDES permit coverage for storm water discharges from a construction site shall submit a completed notice of intent, in accordance with the requirements of this subchapter and as specified under s. NR 216.006. The notice of intent shall be submitted so that it is received by the department at least 14 working days prior to the commencement of any land disturbing construction activities. Unless notified by the department to the contrary, a landowner who has submitted a notice of intent in accordance with the provisions of this subchapter is authorized to discharge storm water from a construction site under the terms and conditions of the general construction site storm water discharge permit 14 working days after the date that the department receives the notice of intent or upon receipt of notification from the department that the construction site is covered under the general construction site discharge permit. The landowner becomes the permittee once the construction site is authorized permit coverage.
NR 216.44(2)(2)A site-specific erosion control and storm water management plan pursuant to ss. NR 216.46 and 216.47 shall be completed by the landowner prior to submitting the notice of intent to the department under sub. (1) and shall be updated as appropriate pursuant to s. NR 216.50. The erosion control and storm water management plans shall be submitted to the department upon request so that it may evaluate whether the plans comply with ss. NR 216.46 and 216.47. The department may withhold permit coverage as necessary until it verifies that the plans comply with ss. NR 216.46 and 216.47.
NR 216.44 NoteNote: The department encourages landowners and their representatives to consult with the department’s regional storm water staff prior to local plan approval on the conceptual plans for erosion control and storm water management. Contact information for department regional storm water staff is available from the department website at http://dnr.wi.gov/topic/stormwater/contacts.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
NR 216.44(3)(3)If the construction site is located in an area regulated by an authorized local program under s. NR 216.10, the landowner shall apply for storm water discharge approval jointly to the department and the authorized local program.
NR 216.44 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (3) Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.
NR 216.45NR 216.45Incomplete notice of intent and time limit for department decision.
NR 216.45(1)(1)Within 14 working days after the date the department receives the notice of intent, the department may require an applicant to submit data that the department has identified as being necessary to complete any deficient notice of intent or may require the applicant to submit a complete new notice of intent when the deficiencies are extensive or the appropriate form has not been used.
NR 216.45(2)(2)The department shall refund to the applicant the stormwater construction site storm water discharge permit application fee paid under s. NR 216.43 (2) if the department does not make a determination on the permit application within 45 business days of receipt of the information required under sub. (1). In this subsection, “business day” means any day except Saturday, Sunday and state holidays as designated in s. 230.35 (4) (a), Stats. This subsection does not apply to permit applications related to mining, as defined in s. 293.01 (9), Stats., prospecting, as defined in s. 293.01 (18), Stats., or nonmetallic mining, as defined in s. 295.11 (3), Stats.
NR 216.45 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.455NR 216.455Proof of permit coverage.
NR 216.455(1)(1)A copy of the permit issued under this subchapter and the letter of permit coverage documenting that storm water discharges from the site are covered under a construction site storm water discharge permit shall be kept with building plans on the construction site and with the landowner.
NR 216.455(2)(2)The permittee shall post a copy of the permit certificate near each main entrance to the construction site in a location where it is legible from a public right-of-way. The permittee shall provide sufficient weather protection to avoid the certificate from becoming unreadable. The department, or an authorized local program under s. NR 216.10, shall include the permit certificate with the letter of permit coverage.
NR 216.455 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. Register March 2022 No. 795, eff. 4-1-22.
NR 216.456NR 216.456Responsible parties.
NR 216.456(1)(1)The permittee or landowner required to submit a notice of intent under this subchapter is responsible for complying with this subchapter.
NR 216.456(2)(2)An operator shall comply with this subchapter where the operator has a contract or other agreement with the landowner to meet the requirement.
NR 216.456 NoteNote: General contractors, landscape architects, project designers and inspectors are responsible for the particular services that they provide to a landowner to comply with the requirements of this subchapter.