NR 151.12(5)(d)2.2. This paragraph applies to post-construction sites located within a protective area, except those areas exempted pursuant to subd. 4.
NR 151.12(5)(d)3.3. The following requirements shall be met:
NR 151.12(5)(d)3.a.a. Impervious surfaces shall be kept out of the protective area to the maximum extent practicable. The storm water management plan shall contain a written site-specific explanation for any parts of the protective area that are disturbed during construction.
NR 151.12(5)(d)3.b.b. Where land disturbing construction activity occurs within a protective area, and where no impervious surface is present, adequate sod or self-sustaining vegetative cover of 70% or greater shall be established and maintained. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Non-vegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion such as on steep slopes or where high velocity flows occur.
NR 151.12 NoteNote: It is recommended that seeding of non-aggressive vegetative cover be used in the protective areas. Vegetation that is flood and drought tolerant and can provide long-term bank stability because of an extensive root system is preferable. Vegetative cover may be measured using the line transect method described in the university of Wisconsin extension publication number A3533, titled “Estimating Residue Using the Line Transect Method”.
NR 151.12(5)(d)3.c.c. Best management practices such as filter strips, swales or wet detention basins, that are designed to control pollutants from non-point sources may be located in the protective area.
NR 151.12 NoteNote: Other regulations, such as ch. 30, Stats., and chs. NR 103, 115, 116 and 117 and their associated review and approval process may apply in the protective area.
NR 151.12(5)(d)4.4. Exemptions. This paragraph does not apply to:
NR 151.12(5)(d)4.a.a. Redevelopment post-construction sites.
NR 151.12(5)(d)4.b.b. In-fill development areas less than 5 acres.
NR 151.12(5)(d)4.c.c. Structures that cross or access surface waters such as boat landings, bridges and culverts.
NR 151.12(5)(d)4.d.d. Structures constructed in accordance with s. 59.692 (1v), Stats.
NR 151.12(5)(d)4.e.e. Post-construction sites from which runoff does not enter the surface water, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.12 NoteNote: A vegetated protective area to filter runoff pollutants from post-construction sites described in subd. 4. e. is not necessary since runoff is not entering the surface water at that location. Other practices necessary to meet the requirements of this section, such as a swale or basin, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state.
NR 151.12(5)(e)(e) Fueling and vehicle maintenance areas. Fueling and vehicle maintenance areas shall, to the maximum extent practicable, have BMPs designed, installed and maintained to reduce petroleum within runoff, such that the runoff that enters waters of the state contains no visible petroleum sheen.
NR 151.12 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 151.12(5)(f)(f) Location. To comply with the standards required under this subsection, 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 151.12(5)(g)(g) Timing. The BMPs that are required under this subsection shall be installed before the construction site has undergone final stabilization.
NR 151.12 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: cr. (2) (bm) Register December 2010 No. 660, eff. 1-1-11.
NR 151.121NR 151.121Post-construction performance standards.
NR 151.121(1)(1)General. In ss. NR 151.121 to 151.128, “post-construction site” means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred.
NR 151.121(2)(2)Applicability. Sections NR 151.121 to 151.128 apply 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 151.121(2)(a)(a) A post-construction site with less than 10 percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of s. NR 151.125.
NR 151.121(2)(b)(b) Agricultural facilities and practices.
NR 151.121 NoteNote: This exemption includes both point and nonpoint discharges from agricultural facilities and practices. Therefore, post-construction structures such as barns, manure storage facilities, sand settling lanes, and barnyard runoff control systems are subject to subch. II and are not subject, under s. NR 216.47 (1), to the post-construction performance standards of this subchapter.
NR 151.121(2)(c)(c) Underground utility construction, but not including the construction of any above ground structures associated with utility construction.
NR 151.121(3)(3)Responsible party. The landowner of the post-construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain post-construction storm water BMPs is the responsible party and shall comply with ss. NR 151.121 to 151.128.
NR 151.121(4)(4)Storm water management plan. A written storm water management plan shall be developed and implemented for each post-construction site and shall incorporate the requirements of ss. NR 151.122 to 151.128.
NR 151.121 NoteNote: Examples of storm water management plans that may be used to comply with ss. NR 151.122 to 151.128 may include those specified in s. NR 216.47 or the municipal storm water management program specified in s. NR 216.07 (5).