Wis. Admin. Code Department of Natural Resources NR 216.47

Current through October 28, 2024
Section 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:

(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.
(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.
(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.
(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:
(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.
(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.

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

(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.

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.

(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.

Wis. Admin. Code Department of Natural Resources NR 216.47

CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
Amended by, 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, eff. 4/1/2022

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 (608) 267-7694 to obtain a copy of this list.