Section NR 216.42 - Applicability(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 under s. NR 216.43 or to the department via an authorized local program under s. NR 216.10 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. Note: Disturbances less than one acre may require a permit if the disturbances are part of a common plan of development with one acre or more of total land disturbance as described in s. NR 216.002(2).
(2) AGRICULTURE. (a) Storm water discharges associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock as defined in s. 95.80(1) (b), Stats., or poultry, including sod farms and tree nurseries are not regulated by this subchapter.(b) Storm water discharges associated with pasturing or yarding livestock, as defined in s. 95.80(1) (b), Stats., or poultry are not regulated by this subchapter.(c) The exemptions under pars. (a) and (b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures.(3) SILVICULTURE. Storm water discharges from silviculture activities conducted in accordance with standard industry practices, including nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance are not regulated by this subchapter. Land disturbing construction activity that includes clearing and grubbing of an area of a construction site is not a silviculture activity. Note: Wisconsin's Forestry Best Management Practices for Water Quality Field Manual provides examples of silvicultural industry practices. These practices are intended to prevent or reduce pollution to waters of the state from silvicultural activities. 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.
(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.(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. Note: Grading an existing dirt road or adding gravel to an existing parking lot are examples of routine maintenance. Full depth pavement reconstruction or underground utility replacement involving exposure of bare soils is not routine maintenance.
(8m) DRAINAGE DISTRICTS. Storm water discharges from land containing dredged material removed from a drainage district ditch are not regulated by this subchapter if all of the following are met:(a) The work is authorized by a drainage district subject to ch. 88, Stats.(b) The land is adjacent to the ditch from which the dredged material was removed.(c) The area of land disturbing activity that does not meet the exemption in sub. (2) is less than 5 acres for activities that qualify as routine maintenance and less than one acre for all other activities. Note: Drainage district ditch dredging is also subject to provisions in ch. 30, Stats., and erosion and sediment control performance standards under s. NR 151.105 or 151.11, to implement s. 88.74(3) (b), Stats.
(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.Wis. Admin. Code Department of Natural Resources NR 216.42
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.Amended by, correction in (5) (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018Amended by, CR 19-053: r. (4), (5), (9) Register January 2020 No. 769, eff. 2/1/2020Amended by, CR 21-027: am. (1), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3), r. (6), cr. (8m), r. (10) Register March 2022 No. 795, eff. 4-1-22; correction in (2) (a) made under s. 35.17, Stats., Register March 2022 No. 795, eff. 4/1/2022