Alert! This chapter may be affected by an emergency order:
NR 151.24(7) (7) 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 151.24 Note Note: 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 151.24(8) (8) Location. To comply with the standards required under this section, 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 151.24(9) (9) Timing. The BMPs required under this section shall be installed before the construction site has undergone final stabilization.
NR 151.24(10) (10) Swale treatment.
NR 151.24(10)(a)(a) Applicability. Except as provided in par. (b), transportation facilities that use swales for runoff conveyance and pollutant removal meet all of the requirements of this section, if the swales are designed to the maximum extent practicable to do all of the following:
NR 151.24(10)(a)1. 1. 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 151.24 Note Note: It is preferred that tall and dense vegetation be maintained within the swale due to its greater effectiveness at enhancing runoff pollutant removal.
NR 151.24(10)(a)2. 2. Carry runoff through a swale for 200 feet or more in length that is designed with a flow velocity no greater than 1.5 feet per second for the peak flow generated using either a 2-year, 24-hour design storm or a 2-year design storm with a duration equal to the time of concentration as appropriate. If a swale of 200 feet in length cannot be designed with a flow velocity of 1.5 feet per second or less, the flow velocity shall be reduced to the maximum extent practicable.
NR 151.24 Note Note: Check dams may be included in the swale design to slow runoff flows and improve pollutant removal. Transportation facilities with continuous features such as curb and gutter, sidewalks or parking lanes do not comply with the design requirements of this subsection. However, a limited amount of structural measures such as curb and gutter may be allowed as necessary to account for other concerns such as human safety or resource protection.
NR 151.24(10)(b) (b) Exemptions.
NR 151.24(10)(b)1.1. Notwithstanding par. (a), the department may, consistent with water quality standards, require other provisions of this section, in addition to swale treatment, be met on a transportation facility with an average daily traffic rate greater than 2500 and where the initial surface water of the state that the runoff directly enters is any of the following:
NR 151.24(10)(b)1.a. a. An outstanding resource water.
NR 151.24(10)(b)1.b. b. An exceptional resource water.
NR 151.24(10)(b)1.c. c. 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 151.24(10)(b)1.d. d. Waters where targeted performance standards are developed pursuant to s. NR 151.004.
NR 151.24(10)(b)2. 2. 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 paragraph.
NR 151.24 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: cr. (1) (bm) Register December 2010 No. 660, eff. 1-1-11.
NR 151.241 NR 151.241Post-construction performance standards.
NR 151.241(1)(1)General. In ss. NR 151.241 to 151.249, “post-construction site" means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred.
NR 151.241(2) (2) Applicability. Sections NR 151.241 to 151.249 apply to a transportation facility post-construction site that is or was subject to the construction performance standards of s. NR 151.23, except any of the following:
NR 151.241(2)(a) (a) A transportation facility 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 151.245.
NR 151.241(2)(b) (b) Reconditioning or resurfacing of a highway.
NR 151.241(2)(c) (c) Minor reconstruction of a highway. Notwithstanding the exemption under this paragraph, the protective area performance standard in s. NR 151.245 applies to minor reconstruction of a highway.
NR 151.241(2)(d) (d) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, that are in compliance with the performance standards of subch. III.
NR 151.241(2)(e) (e) Routine maintenance if performed for storm water conveyance system cleaning.
NR 151.241(3) (3) Storm water management plan. The responsible party under s. NR 151.22 shall develop and implement a written storm water management plan for each transportation facility post-construction site and shall incorporate the requirements of ss. NR 151.242 to 151.249.
NR 151.241(4) (4) Maintenance of effort. For non-highway transportation facility redevelopment sites and highway reconstruction where the redevelopment or reconstruction will be replacing older development or highway that was subject to post-construction performance standards of this chapter in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or highway, or meet the redevelopment or highway reconstruction standards of ss. NR 151.242 to 151.249, whichever are more stringent.
NR 151.241 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.242 NR 151.242Total suspended solids performance standard.
NR 151.242(1)(1)Requirement. Except as provided in sub. (3), BMPs shall be designed, installed, and maintained to control total suspended solids carried in runoff from the transportation facility post-construction site. BMPs shall be designed in accordance with Table 1., or to the maximum extent practicable as provided in sub. (4). The design shall be based on an average annual rainfall, as compared to no runoff management controls. - See PDF for table PDF
NR 151.242(2) (2) Non-highway transportation redevelopment and highway reconstruction. Except as provided in s. NR 151.241 (4), the non-highway transportation facility redevelopment and highway reconstruction total suspended solids reduction standard of Table 1. applies to non-highway transportation facility redevelopment and highway reconstruction.
NR 151.242(3) (3) Delayed implementation. For municipalities that are regulated under subch. I of ch. NR 216 and for transportation facilities under the jurisdiction of the department of transportation for maintenance purposes that are located within municipalities regulated under subch. I of ch. NR 216, the highway reconstruction total suspended solids performance standard first applies January 1, 2017.
NR 151.242(4) (4) Maximum extent practicable. If the design cannot meet a total suspended solids reduction performance standard of sub. (1), Table 1., the storm water management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable. The department may not require any person to exceed the applicable total suspended solids reduction performance standard to meet the requirements of maximum extent practicable.
NR 151.242 Note Note: Pollutant loading models such as DETPOND, SLAMM, P8, or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Information on how to access these models is available from the department's storm water management program at dnr.wi.gov. Use the most recent version of the model and the rainfall files and other parameter files identified for Wisconsin users unless directed otherwise by the regulatory authority.
NR 151.242(5) (5) Off-site drainage. When designing BMPs, runoff draining to the BMP from off-site shall be taken into account in determining the treatment efficiency of the practice. Any impact on the efficiency shall be compensated for by increasing the size of the BMP accordingly.
NR 151.242 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.243 NR 151.243Peak discharge performance standard.
NR 151.243(1)(1)Requirement. By design, BMPs shall be employed to maintain or reduce the 1-year, 24-hour and the 2-year, 24-hour post-construction peak runoff discharge rates to the 1-year, 24-hour and the 2-year, 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table 2. shall be used to represent the actual pre-development condition. - See PDF for table PDF
NR 151.243 Note Note: Where the pre-development condition is a combination of woodland, grassland, or cropland, the runoff curve number should be pro-rated by area.
NR 151.243(2) (2) Exemptions. This section does not apply to the following:
NR 151.243(2)(a) (a) A transportation facility post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
NR 151.243(2)(b) (b) Except as provided under s. NR 151.241 (4), a transportation facility that is part of a redevelopment project.
NR 151.243(2)(c) (c) Except as provided under s. NR 151.241 (4), a highway reconstruction site.
NR 151.243 Note Note: The intent of s. NR 151.243 is to minimize streambank and shoreline erosion under bank-full conditions.
NR 151.243 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.244 NR 151.244Infiltration performance standard.
NR 151.244(1)(1)Requirement. Except as provided in sub. (2), the requirements are the same as those given in s. NR 151.124.
NR 151.244(2) (2) Exemptions. Except as provided under s. NR 151.241 (4), transportation facility highway reconstruction and new highways are not required to meet the performance standards of this section.
NR 151.244 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11; renumbering of (1), (2) made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660.
NR 151.245 NR 151.245Protective areas performance standard.
NR 151.245(1)(1)Definition. In this section, “protective area" means an area of land that commences at the top of the channel of lakes, streams, and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this section, “protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location.
NR 151.245(1)(a) (a) For outstanding resource waters and exceptional resource waters, 75 feet.
NR 151.245(1)(b) (b) For perennial and intermittent streams identified on a U.S. geological survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
NR 151.245(1)(c) (c) For lakes, 50 feet.
NR 151.245(1)(d) (d) For wetlands not subject to par. (e) or (f), 50 feet.
NR 151.245(1)(e) (e) For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood swamps, and ephemeral ponds.
NR 151.245 Note Note: Information on wetland types, including ephemeral ponds, is available from the department at (608) 266-7012.
NR 151.245(1)(f) (f) For less susceptible wetlands, 10 percent of the average wetland width, but no less than 10 feet nor more than 30 feet. Less susceptible wetlands include: degraded wetlands dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
NR 151.245(1)(g) (g) In pars. (d) to (f), determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in s. NR 103.03.
NR 151.245(1)(h) (h) Wetland boundary delineation shall be made in accordance with s. NR 103.08 (1m). This paragraph does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
NR 151.245(1)(i) (i) For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.245(1)(j) (j) Notwithstanding pars. (a) to (i), the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
NR 151.245 Note Note: A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
NR 151.245(2) (2) Applicability. This section applies to transportation facility post-construction sites located within a protective area, except those areas exempted pursuant to sub. (4).
NR 151.245(3) (3) Requirements. The following requirements shall be met:
NR 151.245(3)(a) (a) No impervious surface of a transportation facility may be constructed within a protective area, unless the transportation facility authority determines, in consultation with the department, that there is no practical alternative. If there is no practical alternative to locating a transportation facility within a protective area, the transportation facility may be constructed in the protective area only to the extent the transportation facility authority, in consultation with the department, determines is reasonably necessary. The transportation facility authority shall state in the design plan prepared pursuant to s. NR 151.241 (3), why it is necessary to construct the transportation facility within a protective area.
NR 151.245(3)(b) (b) Where land disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70 percent or greater shall be established and maintained where no impervious surface is present. 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 151.245 Note Note: It is recommended that seeding of non-invasive vegetative cover be used in the protective areas. Some invasive plants are listed in ch. NR 40. 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 151.245(3)(c) (c) Best management practices such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.
NR 151.245 Note Note: 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)(a) (a) Except as provided under s. NR 151.241 (4), non-highway transportation redevelopment post-construction sites.
NR 151.245(4)(b) (b) Structures that cross or access surface waters such as boat landings, bridges, and culverts.
NR 151.245(4)(c) (c) Structures constructed in accordance with s. 59.692 (1v), Stats.
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 Note Note: 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 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.246 NR 151.246Fueling 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 Note Note: 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 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.247 NR 151.247Location. 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 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.248 NR 151.248Timing. 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 Note Note: 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 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.249 NR 151.249Swale 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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.