Section NR 216.46 - Erosion control plan requirements(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.(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. 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 (608) 267-7694 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.
(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.(4) REQUIRED INFORMATION. The construction site erosion control plan shall include, at a minimum, the following items: (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.(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.(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.(d) Available data describing the surface soil as well as subsoils.(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).(f) Name of immediate named receiving water from the United States geological service 7.5-minute series topographic maps.(g) Identify receiving waters, including downstream waters, that are designated as ERW, ORW, or impaired waters. 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.
(5) SITE MAP REQUIREMENTS. Each construction site map shall include all of the following: (a) Existing topography and drainage patterns, roads and surface waters.(b) Boundaries of the construction site.(c) Drainage patterns and approximate slopes anticipated after major grading activities.(d) Areas of soil disturbance.(e) Location of major structural and non-structural controls identified in the erosion control plan.(f) Location of areas where stabilization practices will be employed.(g) Areas that will be vegetated following land disturbing construction activities.(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.(i) Areas used for infiltration of post-construction storm water runoff.(j) An alphanumeric or equivalent grid overlying the entire construction site.(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:(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.(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.(c) Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.(d) Trapping of sediment in channelized flow.(e) Staging land disturbing construction activities to limit exposed soil areas subject to erosion.(f) Protection of downslope drainage inlets where they occur.(g) Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.(h) Clean up of off-site sediment deposits.(i) Proper disposal of building and waste material.(j) Stabilization of drainage ways.(k) Installation of permanent stabilization practices as soon as possible after final grading.(l) Minimization of dust to the maximum extent practicable.(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.(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.(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.Wis. Admin. Code Department of Natural Resources NR 216.46
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.Amended by, CR 21-027: am. (4) (a), cr. (4) (g) Register March 2022 No. 795, eff. 4/1/2022