Wis. Admin. Code Department of Natural Resources NR 151.21

Current through October 28, 2024
Section NR 151.21 - Definitions

In this subchapter:

(1m) "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.

Note: Information on how to access SLAMM and P8 and the average annual rainfall files for five locations in the state, as published periodically by the department, is available by contacting the storm water management program at dnr.wi.gov.

(2) "Borrow site" means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.
(3) "Highway" has the meaning given in s. 340.01(22), Stats.
(4) "Material disposal site" means an area outside of a project site, which is used, for the lawful disposal of surplus materials or materials unsuitable for use within the project site that is under the direct control of the contractor. A municipally owned landfill or private landfill that is not managed by the contractor is excluded from this definition.
(5) "Minor reconstruction" means either of the following:
(a) For transportation facility construction sites where, before January 1, 2011, a bid was advertised, a construction contract was signed and no bid was advertised, or a notice of intent was received by the department in accordance with subch. III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening.
(b) For transportation facility construction sites where, on or after January 1, 2011, a bid is advertised, a construction contract signed where no bid is advertised or a notice of intent was received by the department in accordance with subch. III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening, and that does not include replacement of a vegetated drainage system with a non-vegetated drainage system except where necessary to convey runoff under a highway or private road or driveway.
(6) "Prime contractor" means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the transportation facility authority.
(7) "Private road or driveway" has the meaning given in s. 340.01(46), Stats.
(8) "Public-use airport" has the meaning given it in 49 USC 47102(21).
(9) "Public mass transit facility" means any area of land or water which is used, or intended for use, by bus or light rail, and any appurtenant areas which are used, or intended for use, by bus or light rail, including buildings or other facilities or rights-of-way, either publicly or privately owned, that provide the public with general or special service on a regular and continuing basis.
(10) "Public trail" means a "state ice age trail area" designated under s. 23.17(2), Stats., a state trail under s. 23.175(2) (a), Stats., an "all-terrain vehicle trail" under s. 23.33(1) (d), Stats., an "off-the-road motorcycle trail" under s. 23.33(9) (b) 4, Stats., a "recreational trail" under s. 30.40(12m), Stats., a "walkway" under s. 30.40(22), Stats., a state trail under s. 84.06(11), Stats., a "bikeway" under s. 84.60(1) (a), Stats., a "snowmobile trail" under s. 350.01(17), Stats., a "public snowmobile corridor" under s. 350.12(3j) (a) 1, Stats., or any other trail open to the public as a matter of right.
(11) "Railroad" means any area of land or water which is used, or intended for use, in operating a railroad as defined in s. 85.01(5), Stats., and any appurtenant areas which are used, or intended for use, for railroad buildings or other railroad facilities or rights-of-way, together with all railroad buildings and facilities located thereon.
(12) "Reconditioning" has the meaning given in s. 84.013(1) (b), Stats.
(13) "Reconstruction" has the meaning given in s. 84.013(1) (c), Stats.
(14) "Resurfacing" has the meaning given in s. 84.013(1) (d), Stats.
(15) "Transportation facility authority" means any person or entity that is authorized to approve work on a transportation facility by contract, permit or with its own forces or by force account. A permit or approval granted by the department pursuant to ch. 283, Stats., does not qualify as authorization needed to meet this definition.

Wis. Admin. Code Department of Natural Resources NR 151.21

CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. (1), cr. (1m), am. (5), (8) Register December 2010 No. 660, eff. 1-1-11.
Amended by, correction in (1m) (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018