Chapter NR 216

NR 216.44 History History: 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 216.45 NR 216.45 Incomplete 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 216.455 Proof 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 History History: 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 216.456 NR 216.456 Responsible 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 216.46 Erosion 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 [phone] 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 or as specified by the department.

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(4)(g) (g) Identify receiving waters, including downstream waters, that are designated as ERW, ORW, or impaired waters.

NR 216.46 Note Note: A list of outstanding resource waters and exceptional resource waters may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/orwerw.html. A list of Wisconsin impaired waterbodies is updated every two years and may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/ConditionLists.html.

NR 216.46(5) (5) Site map requirements. Each construction site map shall include all of the following:

NR 216.46(5)(a) (a) Existing topography and drainage patterns, roads and surface waters.

NR 216.46(5)(b) (b) Boundaries of the construction site.

NR 216.46(5)(c) (c) Drainage patterns and approximate slopes anticipated after major grading activities.

NR 216.46(5)(d) (d) Areas of soil disturbance.

NR 216.46(5)(e) (e) Location of major structural and non-structural controls identified in the erosion control plan.

NR 216.46(5)(f) (f) Location of areas where stabilization practices will be employed.

NR 216.46(5)(g) (g) Areas that will be vegetated following land disturbing construction activities.

NR 216.46(5)(h) (h) Area and location of wetland acreage on the construction site and locations where storm water is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.

NR 216.46(5)(i) (i) Areas used for infiltration of post-construction storm water runoff.

NR 216.46(5)(j) (j) An alphanumeric or equivalent grid overlying the entire construction site.

NR 216.46(6) (6) Erosion and sediment control best management practices. The erosion control plan shall include a description of appropriate erosion and sediment control best management practices that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion control plan shall clearly describe the appropriate erosion and sediment control best management practices for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control best management practices will be implemented. The description of erosion and sediment control best management practices shall include the following requirements:

NR 216.46(6)(a) (a) Description of any interim and permanent stabilization practices, including a schedule for implementing the practices. The erosion control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the construction site are stabilized.

NR 216.46(6)(b) (b) Description of any structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the construction site. Unless otherwise specifically approved in writing, structural measures shall be installed on upland soils.

NR 216.46(6)(c) (c) Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.

NR 216.46(6)(d) (d) Trapping of sediment in channelized flow.

NR 216.46(6)(e) (e) Staging land disturbing construction activities to limit exposed soil areas subject to erosion.

NR 216.46(6)(f) (f) Protection of downslope drainage inlets where they occur.

NR 216.46(6)(g) (g) Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.

NR 216.46(6)(h) (h) Clean up of off-site sediment deposits.

NR 216.46(6)(i) (i) Proper disposal of building and waste material.

NR 216.46(6)(j) (j) Stabilization of drainage ways.

NR 216.46(6)(k) (k) Installation of permanent stabilization practices as soon as possible after final grading.

NR 216.46(6)(L) (L) Minimization of dust to the maximum extent practicable.

NR 216.46(7) (7) Material. No solid materials, including building materials, may be discharged in violation of ch. 30 or 31, Stats., or 33 USC 1344 or an U.S. army corps of engineers section 404 permit issued under 33 USC 1344.

NR 216.46(8) (8) Non-erosive flow. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

NR 216.46(9) (9) Inspections. The landowner, or the landowner’s representative, shall inspect erosion and sediment control practices weekly, and within 24 hours following a rainfall of 0.5 inches or greater. Written documentation of each inspection shall be maintained at the construction site and shall include the time, date and location of inspection, the phase of land disturbance at the construction site, person conducting the inspection, assessment of control practices, and a description of any erosion or sediment control measure installation or maintenance performed in response to the inspection.

NR 216.46 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (4) (a), cr. (4) (g) Register March 2022 No. 795, eff. 4-1-22.

NR 216.47 NR 216.47 Storm water management plan requirements. Pollution caused by storm water discharges from the construction site after construction is completed, including rooftops, parking lots, roadways and the maintenance of grassed areas, shall be addressed by a storm water management plan. A storm water management plan shall be developed prior to submitting a notice of intent to the department and shall comply with all of the following:

NR 216.47(1) (1) Performance standards. The storm water management plan shall meet the applicable performance standards in either subch. III of ch. NR 151 for construction sites that are not transportation facilities or subch. IV of ch. NR 151 for transportation facility construction sites.

NR 216.47(2) (2) Practices during construction. The plan shall include a description of the management practices that will be installed during the construction process to control total suspended solids and peak flow, enhance infiltration, maintain or restore protective areas and to reduce petroleum in runoff that will occur after construction operations have been completed. Storm water management practices shall be in accordance with applicable state and local regulations.

NR 216.47(3) (3) Groundwater limitations. When permanent infiltration systems are used, appropriate on-site testing shall be conducted to determine if seasonal high groundwater elevation or top of bedrock is within 5 feet of the bottom of the proposed infiltration system.

NR 216.47(4) (4) Separation distances. Storm water management practices shall be adequately separated from wells to prevent contamination of drinking water, and the following minimum separation distances shall be met:

NR 216.47(4)(a) (a) Storm water infiltration systems and ponds shall be located at least 400 feet from a well serving a community water system unless the department concurs that a lesser separation distance would provide adequate protection of a well from contamination.

NR 216.47(4)(b) (b) Storm water management practices shall be located with a minimum separation distance from any well serving a non-community or private water system as listed within s. NR 812.08.

NR 216.47 Note Note: Chapter NR 815, when promulgated, will regulate injection wells including storm water injection wells.

NR 216.47(5) (5) Long-term maintenance. For any permanent structures, provisions shall be made for long-term maintenance with the municipality or other responsible party. A copy of the long-term maintenance agreement shall be submitted to the department with the notice of intent unless the department agrees that it may be submitted by an alternative date prior to termination of permit coverage. The department may withhold permit coverage until the long-term maintenance agreement is submitted to the department.

NR 216.47 Note Note: There may be valid reasons that a maintenance agreement could not be secured prior to submittal of a notice of intent. However, the long-term maintenance agreement is an important requirement and the department wants to ensure that appropriate steps are being taken to secure the agreement. For regional treatment structures, the department encourages the landowner to obtain a municipal agreement for long-term maintenance of regional treatment structures. Long-term storm water management practices shall be maintained after permit termination in accordance with s. NR 216.005.

NR 216.47(6) (6) Management practices. Best management practices to control impacts from storm water runoff include infiltration systems, wet detention ponds, constructed wetlands, grassed swales, vegetative protective areas, reduced imperviousness, beneficial reuse such as irrigation or toilet flushing, combinations of these practices, or other methods which do not cause significant adverse impact on the receiving surface water or groundwater. The plan shall include an explanation of the technical basis used to select the best management practices.

NR 216.47 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 storm water runoff. Contact the department storm water program in the Bureau of Watershed Management at [phone] to obtain a copy of this list.

NR 216.47 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1) Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.

NR 216.48 NR 216.48 Reporting and monitoring requirements.

NR 216.48(1) (1) Records. The permittee or landowner required to submit a notice of intent under this subchapter shall retain records of all construction site inspections, copies of all reports and plans required by the permit, and records of all data used to obtain coverage under the permit. Minimum periods of retention are as follows:

NR 216.48(1)(a) (a) The erosion control and storm water management plans and amendments to the erosion control and storm water management plans shall be retained at the construction site until permit coverage is terminated in accordance with s. NR 216.55.

NR 216.48(1)(b) (b) All reports required by this subchapter or information submitted to obtain permit coverage under this subchapter, including the erosion control and storm water management plans, amendments and background information used in their preparation, shall be kept for a period of at least 3 years from the date of notice of termination.

NR 216.48 Note Note: The storm water management plan and long-term maintenance agreement should be kept as long as necessary to document proper maintenance of long-term storm water best management practices in accordance with subchs. III and IV of ch. NR 151.

NR 216.48(2) (2) Local approvals. A landowner operating a construction site under approved municipal sediment and erosion plans, grading plans or storm water management plans shall also submit signed copies of the notice of intent to the local agency approving the plans. If storm water from the construction site discharges to a municipal separate storm sewer system that is regulated under a municipal storm water discharge permit issued pursuant to subch. I, then a signed copy of the notice of intent shall also be sent to the operator of the system.

NR 216.48(3) (3) Additional information. Upon request by the department, the permittee or landowner required to submit a notice of intent under this subchapter shall provide a copy of the erosion control and storm water management plans, construction site inspections and any additional data requested, within 5 working days to the department, to the operator of the municipal storm sewer system that receives the storm water discharge, and any municipal agency approving sediment and erosion plans, grading plans or storm water management plans. Additional information may be requested by the department for resource waters that require additional protection such as outstanding or exceptional resource waters, or other sensitive water resources.

NR 216.48(4) (4) Inspections and maintenance. The permittee or landowner required to submit a notice of intent under this subchapter shall:

NR 216.48(4)(a) (a) Conduct the following construction site inspections:

NR 216.48(4)(a)1. 1. Weekly inspections of implemented erosion and sediment control best management practices.

NR 216.48(4)(a)2. 2. Inspections of erosion and sediment controls within 24 hours after a precipitation event of 0.5 inches or greater. A precipitation event may be considered to be the total amount of precipitation recorded in any continuous 24-hour period.

NR 216.48(4)(b) (b) Repair or replace erosion and sediment control best management practices as necessary within 24 hours of an inspection or department notification that repair or replacement is needed.

NR 216.48(4)(c) (c) Maintain, at the construction site or available via an Internet website, weekly written reports of all inspections conducted by or for the permittee or landowner required to submit a notice of intent under this subchapter. The landowner shall notify the department of all appropriate Internet addresses to access the weekly inspection records. Weekly inspection reports shall include all of the following:

NR 216.48(4)(c)1. 1. The date, time and location of the construction site inspection.

NR 216.48(4)(c)2. 2. The name of the individual who performed the inspection.

NR 216.48(4)(c)3. 3. An assessment of the condition of erosion and sediment controls.

NR 216.48(4)(c)4. 4. A description of any erosion and sediment control best management practice implementation and maintenance performed.

NR 216.48(4)(c)5. 5. A description of the present phase of land disturbing construction activity at the construction site.

NR 216.48 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.49 NR 216.49 Conformance with other applicable regulations.