NR 216.415(7) (7)Site review. A municipality operating an authorized local program shall perform the following for applications for construction site approval under this section:
NR 216.415(7)(a) (a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following:
NR 216.415(7)(a)1. 1. Wetland water quality standards provisions in ch. NR 103.
NR 216.415(7)(a)2. 2. Endangered and threatened resource protection requirements of s. 29.604, Stats., and ch. NR 27.
NR 216.415(7)(a)3. 3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45, Stats.
NR 216.415 Note Note: Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner's responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns.
NR 216.415(7)(b) (b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a), direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate.
NR 216.415 Note Note: The construction site storm water discharge permit issued pursuant to this subchapter expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a).
NR 216.415(7)(c) (c) Review proposed projects for compliance with the municipality's erosion control and storm water management ordinance.
NR 216.415 Note Note: A municipality operating an authorized local program has the authority to grant general permit coverage under this subchapter. However, projects that require a permit under ch. 30, Stats., or water quality certification for work within wetlands must still obtain those permits and approvals directly from the department.
NR 216.415(8) (8)Records, annual report and fees.
NR 216.415(8)(a)(a) The municipality shall maintain applications, inspection records and other relevant information necessary to administer an authorized local program.
NR 216.415(8)(b) (b) A municipality shall submit a written annual report to the department by March 31, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following:
NR 216.415(8)(b)1. 1. Name, address and phone number of person responsible for administering the municipality's authorized local program.
NR 216.415(8)(b)2. 2. Construction project name and legal address of projects that have been granted initial coverage under this section in the previous calendar year and the acreage of land disturbance at each of those sites.
NR 216.415(8)(b)3. 3. An estimate of the number of construction site inspections performed and citations issued.
NR 216.415(8)(c) (c) The application fee payable by the landowner to the department under s. NR 216.43 (2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total.
NR 216.415(9) (9)Department audit.
NR 216.415(9)(a)(a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality's effectiveness in administering its authorized local program.
NR 216.415(9)(b) (b) The municipality shall cooperate with the department in performing site inspections.
NR 216.415(10) (10)Program termination.
NR 216.415(10)(a)(a) To discontinue operation of an authorized local program, a municipality shall do all of the following:
NR 216.415(10)(a)1. 1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination.
NR 216.415(10)(a)2. 2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program that the department will be taking over as the primary enforcing agency under this subchapter.
NR 216.415(10)(a)3. 3. Send the department a copy of all construction site applications and other relevant information where approval under this section was granted and coverage has not been terminated.
NR 216.415(10)(a)4. 4. Provide the department with the annual report as required under sub. (8) (b).
NR 216.415(10)(a)5. 5. Provide the department with its shared application revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c).
NR 216.415(10)(b) (b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality's local program. The department shall notify the municipality by letter at least 30 days prior to termination.
NR 216.415 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.42 NR 216.42Applicability.
NR 216.42(1) (1)Construction sites of one acre or more of land disturbance. Except as provided in subs. (2) to (11), a notice of intent shall be filed with the department pursuant to s. NR 216.43 or to an authorized local program pursuant to s. NR 216.415 by any landowner who intends to create a point source discharge of storm water from a construction site to waters of the state. The landowner of the construction site regulated by this subchapter shall comply with all applicable provisions of this subchapter and the appropriate WPDES permit issued pursuant to this subchapter.
NR 216.42(2) (2)Agriculture. Storm water discharges from planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries are not regulated by this subchapter. This exemption does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.
NR 216.42(3) (3)Silviculture. Storm water discharges from silviculture activities, including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control are not regulated by this subchapter. Clearing and grubbing of an area of a construction site is not a silviculture activity.
NR 216.42 Note Note: 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(4) (4)Commercial buildings. Storm water discharges from construction sites for public buildings and buildings that are places of employment regulated by the department of safety and professional services pursuant to s. 101.1206, Stats., in a manner which is equivalent to this subchapter shall be deemed to hold a WPDES permit issued pursuant to this subchapter.
NR 216.42 Note Note: Pursuant to 2013 Wisconsin Act 20, the department of natural resources was given state authority over erosion control at all construction sites with one acre or more of land disturbance, including commercial building sites and one- and two-family dwellings. For this reason, the exemptions under subs. (4) and (9) no longer apply and construction site permit coverage must be obtained through the department of natural resources.
NR 216.42(5) (5)Department of transportation projects. Storm water discharges from projects directed and supervised by the department of transportation, regulated by ch. Trans 401, and subject to the department of transportation and department of natural resources liaison cooperative agreement, if in compliance with ch. Trans 401 and the liaison cooperative agreement shall be deemed to be in compliance with s. 283.33, Stats., and the requirements of this subchapter. The department of transportation shall notify the department of projects under this subsection which shall constitute the notice of intent for these projects.
NR 216.42 Note Note: Pursuant to 2015 Wisconsin Act 307, s. 283.33(4m), Stats., was created to require the department of natural resources to issue a general permit on or before June 30, 2018, that authorizes the department of transportation to discharge storm water from the site of a transportation activity. Additionally, beginning on the date on which the department of natural resources issues a general permit for a discharge of storm water from the site of a transportation activity, the department of transportation may not discharge storm water unless it obtains an individual permit or it is covered by the general permit. The department of natural resources issued a general permit for the discharge of storm water from the site of a transportation activity on April 2, 2018.
NR 216.42(6) (6)Other environmental programs. If a storm water discharge is in compliance with a department permit or approval which includes storm water control requirements that are at least as stringent as requirements under this subchapter, the department may determine that a facility is in compliance with permit coverage required under s. 283.33, Stats., and will not be required to hold a separate permit under s. 283.33, Stats.
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(9) (9)One- and two-family dwellings. Storm water discharges from construction sites of one- and two-family dwellings regulated by the department of safety and professional services pursuant to s. 101.653, Stats., in a manner which is equivalent to the requirements of this subchapter as determined by the department in writing, shall be deemed to hold a WPDES permit issued pursuant to this subchapter.
NR 216.42 Note Note: Pursuant to 2013 Wisconsin Act 20, the department of natural resources was given state authority over erosion control at all construction sites with one acre or more of land disturbance, including commercial building sites and one- and two-family dwellings. For this reason, the exemptions under subs. (4) and (9) no longer apply and construction site permit coverage must be obtained through the department of natural resources.
NR 216.42(10) (10)Oil and gas industry. Storm water discharges from construction sites that disturb from one to 5 acres of land and that are associated with construction activity at oil and gas exploration, production, processing or treatment operations or transmission facilities are exempt from this subchapter until March 10, 2005.
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 History History: 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.
NR 216.43 NR 216.43Notice 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. 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 Note Note: The notice of intent form is available from the department website at http://dnr.wi.gov/topic/Stormwater/construction/forms.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
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. - See PDF for table PDF
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 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.44 NR 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, via certified or registered mail, in accordance with the requirements of this subchapter. 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 Note Note: 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 pursuant to s. NR 216.415, the landowner shall apply for storm water discharge approval to the authorized local program.
NR 216.44 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.45 NR 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 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.455 NR 216.455Proof of permit coverage.
NR 216.455(1) (1) A copy of the notice of intent or other documentation 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 permit certificate in a conspicuous place on the construction site. The department shall make a permit certificate available. An authorized local program under s. NR 216.415 may make its own permit certificate or equivalent notice for posting.
NR 216.455 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.456 NR 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 Note Note: 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.
NR 216.456 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.46 NR 216.46Erosion control plan requirements.
NR 216.46(1)(1)Site-specific plan. The permittee or landowner required to submit a notice of intent under this subchapter shall develop a site-specific erosion control plan for each construction site regulated by this subchapter. The permittee or landowner required to submit a notice of intent under this subchapter, or their representative, shall implement and maintain as appropriate all best management practices specified in the erosion control plan from the start of land disturbing construction activities until final stabilization of the construction site.
NR 216.46(2) (2)Performance standards. The construction site erosion control plan shall meet the applicable performance standards in either s. NR 151.11 for construction sites that are not transportation facilities or s. NR 151.23 for transportation facility construction sites.
NR 216.46 Note Note: Pursuant to s. NR 151.32 (2), the department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control erosion and sediment runoff. Contact the department storm water program in the Bureau of Watershed Management at (608) 267-7694 to obtain a copy of this list. Transportation facilities regulated under ch. Trans 401 generally have a 2-step plan development process of an erosion control plan (ECP) that contains design requirements and then development of an erosion control implementation plan (ECIP) that includes implementation details. This subchapter requires an erosion control plan that is equivalent to the ch. Trans 401 ECP and ECIP plans put together.
NR 216.46(3) (3)Plan completion. The erosion control plan shall be completed prior to the submittal of a notice of intent to the department and shall be updated as appropriate pursuant to s. NR 216.50.
NR 216.46(4) (4)Required information. The construction site erosion control plan shall include, at a minimum, the following items:
NR 216.46(4)(a) (a) Description of the construction site and the nature of the land disturbing construction activity, including representation of the limits of land disturbance on a USGS 7.5-minute series topographical map.
NR 216.46(4)(b) (b) Description of the intended sequence of major land disturbing construction activities for major portions of the construction site, such as grubbing, excavation or grading.
NR 216.46(4)(c) (c) Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land disturbing construction activities.
NR 216.46(4)(d) (d) Available data describing the surface soil as well as subsoils.
NR 216.46(4)(e) (e) Wherever permanent infiltration devices will be employed or were evaluated, the depth to the nearest seasonal high groundwater elevation or top of bedrock shall be identified as outlined in s. NR 216.47 (3).
NR 216.46(4)(f) (f) Name of immediate named receiving water from the United States geological service 7.5-minute series topographic maps.
NR 216.46(5) (5)Site map requirements. Each construction site map shall include all of the following:
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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.