Current through August 26, 2024
(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.
