NR 151.124(4)(b)2. 2. Notwithstanding par. (b), applicable requirements for injection wells classified under ch. NR 815 shall be followed.
NR 151.124(4)(c) (c) Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirement under the following conditions, but the decision to infiltrate under these conditions is optional:
NR 151.124(4)(c)1. 1. Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inches per hour using a scientifically credible field test method.
NR 151.124(4)(c)2. 2. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. department of agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
NR 151.124(5) (5) Alternate use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.
NR 151.124(6) (6) Groundwater standards.
NR 151.124(6)(a)(a) Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
NR 151.124(6)(b) (b) Notwithstanding par. (a), the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
NR 151.124(7) (7) Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial, and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with sub. (6). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales, or filter strips.
NR 151.124(8) (8) Maximum extent practicable. Where the conditions of subs. (3) and (4) limit or restrict the use of infiltration practices, the performance standard of s. NR 151.124 shall be met to the maximum extent practicable.
NR 151.124 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.125 NR 151.125Protective areas performance standard.
NR 151.125(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 151.125(1)(a) (a) For outstanding resource waters and exceptional resource waters, 75 feet.
NR 151.125(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 151.125(1)(c) (c) For lakes, 50 feet.
NR 151.125(1)(d) (d) For wetlands not subject to par. (e) or (f), 50 feet.
NR 151.125(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 151.125 Note Note: Information on wetland types, including ephemeral ponds, is available at (608) 266-7012.
NR 151.125(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 151.125(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 151.125(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 151.125(1)(i) (i) For concentrated flow channels with drainage areas greater than 130 acres, 10 feet.
NR 151.125(1)(j) (j) Notwithstanding pars. (a) to (i), the greatest protective area width shall apply where rivers, streams, lakes, and wetlands are contiguous.
NR 151.125 Note Note: A stream or lake is not eligible for a lower protective area width even if contiguous to a less susceptible wetland.
NR 151.125(2) (2) Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to sub. (4).
NR 151.125(3) (3) Requirements. The following requirements shall be met:
NR 151.125(3)(a) (a) Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the storm water management plan shall contain a written, site-specific explanation.
NR 151.125(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 151.125 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 151.125(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 151.125 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 151.125(4) (4) Exemptions. This section does not apply to any of the following:
NR 151.125(4)(a) (a) Except as provided under s. NR 151.121 (5), redevelopment post-construction sites.
NR 151.125(4)(b) (b) In-fill development areas less than 5 acres.
NR 151.125(4)(c) (c) Structures that cross or access surface waters such as boat landings, bridges, and culverts.
NR 151.125(4)(d) (d) Structures constructed in accordance with s. 59.692 (1v), Stats.
NR 151.125(4)(e) (e) Areas of post-construction sites 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 151.122 to 151.123, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.125 Note Note: A vegetated protective area to filter runoff pollutants from post-construction sites described in par. (e) 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 151.125 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.126 NR 151.126Fueling 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 151.126 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 151.126 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.127 NR 151.127Location. To comply with the standards required under ss. NR 151.122 to 151.124, 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 151.127 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.128 NR 151.128Timing. The BMPs that are required under ss. NR 151.122 to 151.126 shall be installed before the construction site has undergone final stabilization.
NR 151.128 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 151.128 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.13 NR 151.13Developed urban area performance standard for municipalities.
NR 151.13(1)(1)Incorporated municipalities.
NR 151.13(1)(a)(a) Applicability. This subsection applies to any incorporated municipality with an average density of 1,000 people per square mile or greater, based on the latest decennial census made by the U.S. census, as well as any commercial and industrial areas contiguous to these areas.
NR 151.13 Note Note: The municipality has primary responsibility for complying with this subsection. However, the public is expected to follow municipal ordinance requirements and requests to carry out activities such as: proper curbside placement of leaves for collection, relocating vehicles for street sweeping, and utilizing proper disposal methods for oils and other chemicals.
NR 151.13(1)(b) (b) Requirements. For areas identified under par. (a), all of the following shall be implemented:
NR 151.13(1)(b)1. 1. A public information and education program, utilizing materials identified by the department, promoting beneficial on-site reuse of leaves and grass clippings and proper use of turf and garden fertilizers and pesticides, proper management of pet wastes, and prevention of dumping oil and other chemicals in storm sewers.
NR 151.13(1)(b)2. 2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.
NR 151.13(1)(b)3. 3. The application of turf and garden fertilizers on five acres or more of municipally controlled properties shall be done in accordance with a site specific nutrient application schedule based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.13 Note Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.13(1)(b)4. 4. Detection and elimination of illicit discharges to storm sewers.
NR 151.13(2) (2) Permitted municipalities.
NR 151.13(2)(a) (a) Applicability. This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch. I of ch. NR 216.
NR 151.13(2)(b) (b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:
NR 151.13(2)(b)1. 1. `Stage 1 requirements.' The municipalities identified under par. (a) shall implement all of the following within 2 years of receiving permit coverage under subch. I of ch. NR 216:
NR 151.13(2)(b)1.a. a. All of the requirements contained in sub. (1) (b).
NR 151.13(2)(b)1.b. b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.
NR 151.13(2)(b)5. 5. `Model requirements.' Evidence of meeting the performance standard of subd. 2. shall be based on the use of a model or an equivalent methodology approved by the department. Acceptable models and model versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of those models. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.
NR 151.13 Note Note: Section NR 151.13 (2) (b) 2. was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.
NR 151.13 Note Note: Information on how to access SLAMM and P8 and the relevant parameter files are available by contacting the department's storm water management program at dnr.wi.gov.
NR 151.13(2)(c) (c) 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 151.13(2)(d) (d) Exemption. The requirements of par. (b) 1. and 2. do not apply to areas subject to a permit issued under subch. II of ch. NR 216.
NR 151.13 Note Note: Section NR 151.13 (2) (b) 2. was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.
NR 151.13(2)(e) (e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under s. NR 151.31.
NR 151.13 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11; CR 19-050: r. (2) (b) 2. to 4. Register January 2020 No. 769, eff. 2-1-20.
NR 151.14 NR 151.14Turf and garden nutrient management performance standard.
NR 151.14(1)(1)Applicability. This section applies when all of the following conditions are met:
NR 151.14(1)(a) (a) The property is not subject to s. NR 151.13 (1) (b) 3.
NR 151.14(1)(b) (b) Nutrients are applied to over 5 acres of turf or garden.
NR 151.14(1)(c) (c) The property discharges runoff to waters of the state.
NR 151.14(1)(d) (d) The property is not an agricultural facility or practice.
NR 151.14(1)(e) (e) The property does not conduct silviculture activity.
NR 151.14(2) (2) Responsible party. The landowner is the responsible party and shall comply with this section.
NR 151.14(3) (3) Requirements. The application of turf and garden fertilizers on these properties shall be done in accordance with site-specific nutrient application schedules based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.14 Note Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.14 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.15 NR 151.15Implementation and enforcement.
NR 151.15(1)(1)Implementation. This subchapter shall be implemented as follows:
NR 151.15(1)(a) (a) Construction sites and post-construction sites. The provisions of ss. NR 151.11, 151.12, and 151.121 to 151.128 shall be implemented through subch. III of ch. NR 216.
NR 151.15 Note Note: The department may develop and revise available model ordinances to reflect the applicability and performance standards in ss. NR 151.11, 151.12, and 151.121 to 151.128. These model ordinances are in ch. NR 152. Municipalities are encouraged to adopt the requirements of ss. NR 151.11, 151.12, and 151.121 to 151.128, into local ordinances. Incentives are included in the grant programs identified in chs. NR 153 and 155, for municipalities that adopt the performance standards into their ordinances, provide an information and education program, and track and report their enforcement activity.
NR 151.15(1)(b) (b) Developed urban areas. The provisions of s. NR 151.13 (2) shall be implemented through subch. I of ch. NR 216.
NR 151.15(2) (2) Enforcement. The department shall enforce this subchapter under s. 281.98, Stats., except for those requirements that are implemented through ch. NR 216, which shall be enforced under ss. 283.89 and 283.91, Stats.
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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.