Section NR 216.10 - Authorized local program(1) PURPOSE. The purpose of this section is to promote efficient and integrated implementation and oversight of the state and municipal construction site erosion control and storm water management requirements. A municipality covered under a permit issued under this subchapter with an authorized local program approved by the department shall review erosion and sediment control plans and post-construction storm water management plans to assure compliance with both local and state construction site erosion control and storm water management requirements. Authorized local programs shall streamline the review process for landowners and operators regulated by a municipal permittee under this subchapter and by the department under subch. III. Notwithstanding an approval of an authorized local program, the department retains its authority to conduct site inspections and take enforcement against individual landowners and operators for violations of subch. III.(2) VOLUNTARY PARTICIPATION. Any municipality subject to a permit issued under this subchapter may apply to the department for approval of an authorized local program applicable to sites within the area covered by the municipality's erosion and sediment control and post-construction storm water ordinances.(3) AUTHORIZED LOCAL PROGRAM APPLICATION AND APPROVAL PROCESS.(a) A municipality seeking approval from the department for an authorized local program shall submit an application on forms available from the department. Applications shall be submitted by October 1 of the year prior to anticipated operation of an authorized local program.(b) The department shall review the application and any other relevant information and determine whether to authorize the local program. The department shall base its decision on the applicant's ability to meet the requirements in subs. (5) and (6). The department shall notify the applicant in writing of its decision. If the application is denied, the department shall identify the reasons for denial.(c) Department authorization of a local program shall remain effective until termination or discontinuation under sub. (10).(4) COVERAGE UNDER STATE PERMIT. A permittee or landowner of a construction site that is regulated by an authorized local program under this section and is required to be covered under a department construction site storm water discharge permit issued under subch. III shall comply with the requirements of the department's permit. If the site does not meet the applicability criteria of the state construction site storm water discharge general permit, the provisions of s. NR 216.51(5) shall apply. If coverage under the state general permit is revoked by the department, the provisions of s. NR 216.51(4) and (5) shall apply. The department may enforce against the landowner of a construction site for violation of the permit.(5) AUTHORIZED LOCAL PROGRAM REQUIREMENTS.(a) The municipality shall have the legal authority and resources to implement and enforce the requirements of subch. III.(b) The municipality shall adopt, implement and enforce an ordinance with erosion control and storm water management requirements that comply with the requirements of subchs. III and IV of ch. NR 151.(c) The municipality shall implement a program to inform the public that it has an authorized local program under which landowners are to submit a notice of intent to discharge and erosion control and storm water management plans via the municipality.(d) The program requirements in this subsection and subs. (6) to (8) may be provided through municipal staff, intergovernmental agreements or use of professional service contracts.(e) An authorized local program under this subsection shall include procedures to satisfy local and department NOI requirements under sub. (6). These procedures shall include transmittal of permit NOI materials to the department and acknowledgement of receipt by the department prior to notifying the landowner that permit coverage has been conveyed to the landowner by both entities.(f) The municipality shall review all erosion and sediment control plans and post-construction storm water management plans to assure compliance with both local and state construction site erosion control and storm water management requirements.(g) The authorized local program shall have procedures for notifying the department of non-compliance with provisions in subch. III which are not corrected by the permittee within 14 days.(6) NOTICE OF INTENT. For construction sites regulated under this section, all of the following apply: (a) The landowners of a construction site that is regulated by an authorized local program shall submit to the authorized local program a notice of intent using either the department's forms or an equivalent department and municipal joint application form to request municipal erosion control and storm water management approval. An equivalent department and municipal joint application form shall comply with the signature requirements under s. NR 216.43(3).(b)1. The 14-working day timeline for permit coverage authorization granted under s. NR 216.44 does not apply to construction sites regulated by an authorized local program under this section.2. The landowners who submit the notice of intent or equivalent department and municipal joint application under par. (a) shall submit the notice of intent to the municipality operating the authorized local program at least 30 calendar days prior to the anticipated commencement of any land disturbing construction activities. The municipality shall provide the application to the department 14 business days before the end of the 30-day period or before granting coverage, whichever occurs earlier. Unless notified to the contrary by the municipality or the department, a landowner who has submitted a notice of intent or equivalent application in accordance with this section is authorized to discharge storm water from a construction site under the terms and conditions of the department's general construction site storm water discharge permit 30 calendar days after the date that the municipality operating the authorized local program receives the notice of intent or equivalent application. The municipality may grant coverage to a landowner in a period of less than 30 days.(7) SITE REVIEW. A municipality operating an authorized local program shall perform all of the following for notice of intent approval under this section: (a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following: 1. Wetland water quality standards provisions in ch. NR 103.2. Endangered and threatened resource protection requirements of s. 29.604, Stats., and ch. NR 27.3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45, Stats. Note: Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner's responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns.
(b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a), direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate. Note: The construction site storm water discharge permit issued pursuant to subch. III expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a).
(c) Review proposed projects for compliance with the municipality's erosion control and storm water management ordinance. Note: Projects that require a permit under ch. 30, Stats., water quality certification, a wetland fill permit, or other permits and approvals for work within waterways or wetlands are not included in an authorized local program approved by the department and landowners must apply and obtain those permits and approvals from the appropriate department regulatory programs.
(8) RECORDS, ANNUAL REPORT AND FEES. (a) The municipality shall maintain records of notices of intent, inspections, and other relevant information necessary to administer an authorized local program.(b) The municipality shall submit a written annual report to the department by March 31 of each year, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following: 1. Name, address and phone number of person responsible for administering the municipality's authorized local program.2. Construction project names and legal address of projects that have been approved under this section in the previous calendar year.3. The number of construction site inspections performed and a summary of enforcement actions taken.(c) The application fee payable by the landowner to the department under s. NR 216.43(2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total.(9) DEPARTMENT AUDIT.(a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality's effectiveness in administering its authorized local program.(b) The municipality shall cooperate with the department in performing site inspections.(10) PROGRAM TERMINATION. (a) To voluntarily discontinue operation of an authorized local program, a municipality shall do all of the following: 1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination.2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program. The notice shall include the effective date of program termination and the requirement to submit a notice of intent directly to the department for all projects requiring coverage under subch. III following that date.3. Send the department a copy of all pending construction site notices of intent and other relevant information.4. Provide the department with the annual report as required under sub. (8) (b).5. Provide the department with its shared notice of intent revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c).(b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality's local program. The department shall notify the municipality by letter at least 30 days prior to termination.Wis. Admin. Code Department of Natural Resources § NR 216.10
Adopted by, CR 21-027: NR 216.10(1) to (5) renum. from NR 216.415(1) to (5) and as renumbered, am. (1), (2), (3) (title), (b), (4), (5) (title), (a), (c), cr. (5) (e) to (g), NR 216.10(6) (title), (intro.), (a), (b), (7) to (10) renum. from NR 216.415(6) (title), (intro.), (b), (c), (7) to (10) and, as renumbered, am. (6) (title), (a), (b) 2., (7) (intro.), (8) (a), (b) (intro.), 2., 3., (10) (a) (intro.), 2., 3., 5. Register March 2022 No. 795, eff. 4-1-22; correction in (4), (8) (b) 2., (10) (a) 5. made under s. 35.17, Stats., Register March 2022 No. 795, eff. 4/1/2022