Section NR 120.08 - Watershed plans(1) WATERSHED PLAN CONTENT. (a)Watershed plan. In cooperation with DATCP and the appropriate governmental unit, the department shall prepare watershed plans for all priority watersheds. A participating governmental unit located within the priority watershed shall identify, in writing, a person to represent the unit of government during watershed plan preparation. The watershed plan shall consist of a watershed assessment, a detailed program for implementation, and a project evaluation strategy. Priority watersheds and priority lakes selected after August 12, 1993, shall have critical sites designated in the plan.(b)Watershed assessment. The department, in cooperation with the appropriate governmental units, shall prepare a watershed assessment analyzing the water quality problems or threats to the water quality in the watershed's lakes, streams, wetlands and groundwater and which determines the nonpoint sources causing the problem or threat. The watershed assessment shall contain: 1. An identification of the water quality problems or threats to water quality including degradation of fish habitat and wetlands caused by nonpoint sources of pollution in the watershed.2. An identification of water quality objectives to maintain and improve the quality of lakes, streams, wetlands and groundwater of the watershed.3. An identification of target levels of pollutant control and resource protection necessary to meet the water quality objectives.4. An identification and ranking of significant nonpoint source types and contributing areas.5. A designation of critical sites listing their respective water quality problems or threats to water quality.6. A listing of and an analysis of need for best management practices which will significantly aid in the achievement of the target level of pollution abatement.7. An assessment of the need for the protection and enhancement of fish and wildlife habitat, endangered resources, aesthetics or other natural resources.8. An analysis of the need for adoption of local ordinances for manure storage, construction site erosion control and storm water management.(c)Detailed program for implementation.1. As required under s. 281.65(6) (a), Stats., governmental units except those waived under s. NR 120.03 shall prepare the following portion of the detailed program for implementation including: a. An estimate of costs for practice installation.b. An information and education strategy.c. A description of fiscal management procedures, including cost containment procedures.d. An estimate of technical assistance needs.e. A grant disbursement and project management schedule.f. An identification of those urban storm water control practices, techniques or measures included in a municipal WPDES storm water permit for which the local governmental unit may seek either local assistance or nonpoint source grant funding through the priority watershed or priority lake project under ch. NR 153.g. An identification of the state and local regulatory framework under which erosion control activities shall be conducted.h. An identification of those storm water management activities identified in the watershed plan that shall be included as part of the core urban program for the local governmental unit and funded under this chapter and ch. NR 153. Core urban program activities may include: information and education activities; development, implementation and enforcement of construction erosion control ordinances; and development and implementation of activities, including, but not limited to, those activities that reduce storm water pollution from lawn and leaf litter, pet waste, road salting and illicit dumping into the storm sewer system. When adoption of a construction site erosion control ordinance is required under the watershed plan, it shall be considered a core program activity and the schedule for urban implementation activities shall provide for adoption, implementation and enforcement of the ordinance within 2 years of the date the department approves the watershed plan.i. An identification of those storm water management activities identified in the watershed plan that may be included as part of the segmented urban program for the local governmental unit and funded under this chapter and ch. NR 153. Segmented urban program activities may include: storm water planning for urban and urbanizing areas; development, implementation and enforcement of local storm water management ordinances; engineering site feasibility studies for urban best management practices; design, installation and maintenance of urban best management practices; and development of local institutional mechanisms to fund and administer storm water management programs.j. A schedule of rural implementation activities. When adoption of a manure storage ordinance is required under the watershed plan, the schedule shall include a provision stating that a manure storage ordinance shall be adopted within 2 years of the date the department approves the watershed plan.k. A schedule for urban implementation activities.L. A schedule for the completion within 5 years of plan approval of the inventory of land resources in the priority watershed or priority lake to locate sites which meet the critical sites criteria.m. An implementation strategy to direct staff effort at sites in proportion to the amount of pollutants contributed until pollutant reduction goals are met. The strategy shall contain a schedule for notification to landowners of critical sites.n. A description of the measures of performance for the priority watershed or priority lake project.o. A strategy for measuring progress toward meeting pollutant reduction goals and water quality objectives.2. The department shall prepare a strategy to address the protection, enhancement and mitigation of fish and wildlife habitat, endangered resources, aesthetics or other natural resources through the identification of best management practices, provision of information and education programs and involvement of other resource management programs. Note: Wisconsin's Forestry Best Management Practices for Water Quality: A Field Manual for Loggers, Landowners and Land Managers may be obtained, at no charge, as a reference for forestry activities from the Bureau of Forestry, Department of Natural Resources, Box 7921, Madison, WI 53707.
(d)Project evaluation plan. The department shall prepare as a portion of each priority watershed plan a project evaluation strategy. The evaluation strategy shall contain criteria and procedures to evaluate the water resource and land management components of the project.(2) WATERSHED PLAN REVIEW AND APPROVAL. (a)Watershed plan development meeting. During the preparation of the watershed plan, the department and the participating governmental units shall hold a public information meeting in the watershed to solicit comments and information pertinent to the preparation of the plan. Following the information meeting, a proposed watershed plan shall be drafted.(b)Watershed plan hearing. After a proposed watershed plan has been drafted, the department and the participating governmental units shall hold a public informational hearing for comment on the proposed watershed plan.(c)Submittal of watershed plan to DATCP, county and other governmental units. Within 45 days after the public informational hearing, the department shall submit the draft watershed plan to DATCP for comment; to the appropriate county or counties for approval; and at the discretion of the department, to other governmental units for review and comment.(d)County approval of watershed plan. Within 60 days of receipt of the draft watershed plan, the appropriate county shall approve, conditionally approve or reject the watershed plan. If the county conditionally approves or rejects the watershed plan, the department may revise the watershed plan to address the issues identified.(e)Submittal of watershed plan to land and water conservation board. A copy of the county approved plan shall be submitted to the land and water conservation board created under s. 15.135(4), Stats., for its approval.(f)Final approval of individual county plan. Upon receiving the approval of the land and water conservation board, the department shall approve the final plan for the priority watershed or priority lake area in accordance with s. 281.65(5m), Stats. The date that the secretary of the department signs the approval letter to the project sponsors marks the beginning of eligibility for funding for implementation. Notwithstanding par. (d), the department may approve the watershed plan for individual counties in multi-county watershed projects if the respective county approves the watershed plan.(3) AREAWIDE WATER QUALITY MANAGEMENT PLAN REVISION. After approval of the detailed program for implementation, the watershed plan shall be approved as a revision to the areawide water quality management plan for the appropriate basin as described in ss. NR 121.07 and 121.08.(4) WATERSHED PLAN REVISION. (a) Plan revisions may be initiated by either the governmental unit or the department. The approved watershed plan may be revised using the procedures in ss. NR 121.07 and for amending 121.08 areawide water quality management plans.(b) Plan revisions which add or change criteria for critical sites shall be approved by the land and water conservation board and by every governmental unit which approved the original watershed plan.(c) Plan revisions which add or change criteria for critical sites for projects which have fewer than 4 years remaining for implementation shall include a schedule for notification to landowners which will allow implementation of best management practices at the critical sites to be completed before the end of the nonpoint source grant period.(d) The department shall approve or reject a governmental unit's request for a revision to the watershed project's detailed program for implementation within 90 days of receipt of the revision request.Wis. Admin. Code Department of Natural Resources NR 120.08
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.