Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 151 - Runoff Management
Subchapter III - Non-Agricultural Performance Standards
Section NR 151.13 - Developed urban area performance standard for municipalities

Universal Citation: WI Admin Code ยง NR 151.13

Current through August 26, 2024

(1) INCORPORATED MUNICIPALITIES.

(a) Applicability. This subsection applies to any incorporated municipality with an average density of 1,000 people per square mile or greater, based on the latest decennial census made by the U.S. census, as well as any commercial and industrial areas contiguous to these areas.

Note: The municipality has primary responsibility for complying with this subsection. However, the public is expected to follow municipal ordinance requirements and requests to carry out activities such as: proper curbside placement of leaves for collection, relocating vehicles for street sweeping, and utilizing proper disposal methods for oils and other chemicals.

(b) Requirements. For areas identified under par. (a), all of the following shall be implemented:
1. A public information and education program, utilizing materials identified by the department, promoting beneficial on-site reuse of leaves and grass clippings and proper use of turf and garden fertilizers and pesticides, proper management of pet wastes, and prevention of dumping oil and other chemicals in storm sewers.

2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.

3. The application of turf and garden fertilizers on five acres or more of municipally controlled properties shall be done in accordance with a site specific nutrient application schedule based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.

Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at dnr.wi.gov.

4. Detection and elimination of illicit discharges to storm sewers.

(2) PERMITTED MUNICIPALITIES.

(a) Applicability.This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch. I of ch. NR 216.

(b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:
1. 'Stage 1 requirements.' The municipalities identified under par. (a) shall implement all of the following within 2 years of receiving permit coverage under subch. I of ch. NR 216:
a. All of the requirements contained in sub. (1) (b).

b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.

5. 'Model requirements.' Evidence of meeting the performance standard of subd. 2. shall be based on the use of a model or an equivalent methodology approved by the department. Acceptable models and model versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of those models. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.

Note: Section NR 151.13(2) (b) 2. was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.

Note: Information on how to access SLAMM and P8 and the relevant parameter files are available by contacting the department's storm water management program at dnr.wi.gov.

(c) Location. To comply with the standards required under this subsection, BMPs may be located on-site or off-site as part of a regional storm water device, practice or system, but shall be installed in accordance with s. NR 151.003.

(d) Exemption. The requirements of par. (b) 1. and 2. do not apply to areas subject to a permit issued under subch. II of ch. NR 216.

Note: Section NR 151.13(2) (b) 2. was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.

(e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under s. NR 151.31.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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