Section NR 120.16 - Ordinances(1) APPLICABILITY. Counties, cities, villages and towns located within the priority watershed project or priority lake area project shall adopt the following ordinances if required within the watershed plan:(a) Manure storage ordinance under s. 92.16, Stats.(b) Construction site control ordinance under s. 59.693, 60.627, 61.354 or 62.234, Stats.(2) CONDITION OF GRANT. Adoption, implementation and enforcement of ordinances under sub. (1) within the time frame specified under s. NR 120.08(1) (c) 1. h. and j. shall be a condition of receiving funding from the department under a nonpoint source grant. Actions to implement and enforce these ordinances are subject to the provisions of s. NR 120.28(1) and (2). (3) CONSTRUCTION SITE EROSION CONTROL ORDINANCES.(a) An ordinance to control construction site erosion that is adopted by the governmental unit prior to October 1, 2002 shall meet the requirements of this paragraph. 1. An ordinance under sub. (1) shall apply, at a minimum, to construction activities as defined in s. 281.33(3) (b) 1 to 5., Stats., within the jurisdiction unless the construction site activities are otherwise regulated by the department under subch. III of ch. NR 216, or regulated by ch. SPS 320, 321, or 361 to 365, or exempted by s. 13.48(13), Stats., or subject to the department of transportation and department liaison cooperative agreement under s. 30.2022, Stats. 2. The ordinance shall contain the following: a. Statements of authority, findings and purpose.b. An applicability statement identifying activities subject to the ordinance.c. Performance standards, criteria and other conditions to minimize the amount of sediment and other pollutants reaching the waters of the state during the development of lands and until final stabilization of the site.d. A provision requiring consistency with the accepted design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook, WDNR Pub. WR-222 November 2001 Revision, which is incorporated by reference for this chapter or other design guidance and technical standards identified, developed or disseminated by the department under subch. V of ch. NR 151. Note: Copies of this document may be inspected at the offices of the Department's Bureau of Watershed Management, NRCS, the Secretary of State and the Legislative Reference Bureau, all in Madison, WI.
e. Permit application and planning requirements.f. Permit issuance, administration and enforcement procedures.(b) An ordinance to control construction site erosion adopted by the governmental unit after October 1, 2002 shall be consistent with the performance standards in s. NR 151.11.(4) DEPARTMENTAL APPROVAL. An ordinance required under sub. (1) shall be reviewed and approved by the department prior to adoption. Wis. Admin. Code Department of Natural Resources NR 120.16
CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02; CR 03-028: am. (3) (a) 1. Register July 2004 No. 583, eff. 8-1-04; correction in (3) (a) 1. made under s. 13.93(2m) (b) 7, Stats., Register July 2004 No. 583; correction in (3) (a) 1. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.