Section NR 151.105 - Construction site performance standard for non-permitted sites(1) APPLICABILITY. Except as provided under sub. (2), this section applies to all of the following:(a) A construction site that consists of land disturbing construction activity of less than one acre. Note: Land disturbing construction sites of less than one acre are not regulated under subch. III of ch. NR 216 unless designated by the department under s. NR 216.51 (3).
(b) Construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity.(2) EXEMPTIONS. This section does not apply to the following: (a) One- and two- family dwellings regulated by the department of safety and professional services pursuant to s. 101.653, Stats.(b) Agricultural facilities and practices.(c) Silviculture activities.(3) RESPONSIBLE PARTY. The landowner of the construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs is the responsible party and shall comply with this section.(4) REQUIREMENTS. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following: (a) The deposition of soil from being tracked onto streets by vehicles.(b) The discharge of sediment from disturbed areas into on-site storm water inlets.(c) The discharge of sediment from disturbed areas into adjacent waters of the state.(d) The discharge of sediment from drainage ways that flow off the site.(e) The discharge of sediment by dewatering activities.(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.(g) The transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph. Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.
(5) LOCATION. BMPs shall be located so that treatment occurs before runoff enters waters of the state.(6) IMPLEMENTATION. The BMPs used to comply with this section shall be implemented as follows: (a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.(b) Erosion and sediment control practices shall be maintained until final stabilization.(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.Wis. Admin. Code Department of Natural Resources NR 151.105
CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.Amended by, correction in (4) (g) (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018Amended by, correction in (2) (a) made under s. 13.92 (4) (b) 6, Stats., Register February 2023 No. 806, eff.3/1/2023