Section 151.003. BMP Location.

 

(1)   Non-navigable waters. For purposes of determining compliance with the performance standards of subchs. III and IV , the department may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and in-fill development and that are located within non-navigable waters.

(2)   Navigable waters.

(a) New development runoff . Except as allowed under par. (b) , BMPs designed to treat post-construction runoff from new development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV , the department may not give credit for such BMPs.

(b) New development runoff exemption. BMPs to treat post-construction runoff from new development may be located within navigable waters and may be creditable by the department under subchs. III and IV , if all the following are met:

1. The BMP was constructed prior to October 1, 2002, and received all applicable permits.

2. The BMP functions or will function to provide runoff treatment for the new development.

(c) Existing development and post-construction runoff from redevelopment and in-fill development. Except as provided in par. (d) , BMPs that function to provide runoff treatment for existing development and post-construction runoff from redevelopment and in-fill development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV , the department may not give credit for such BMPs.

(d) Existing development and post-construction runoff from redevelopment and in-fill development exemption . BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment and in-fill development may be located within navigable waters and may be creditable by the department under subchs. III and IV , if any of the following are met:

1. The BMP was constructed, contracts were signed or bids advertised and all applicable permits were received prior to January 1, 2011.

2. The BMP is on an intermittent waterway and all applicable permits are received.

(3)   Credit. The amount of credit that the department may give a BMP for purposes of determining compliance with the performance standards of subchs. III and IV is limited to the treatment capability of the BMP.

CR 00-027 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 09-112 : r. and recr. Register December 2010 No. 660 , eff. 1-1-11.

Note

An intermittent waterway may be identified on a United States geological survey 7.5-minute series topographic map, a county soil survey map, the Surface Water Data Viewer Map, 24K hydro layer on the department's website, or determined by the department through a site evaluation, whichever is more current. The Surface Water Data Viewer Map, 24K hydro layer is available at http://dnr.wi.gov/topic/surfacewater/swdv/ . Microsoft Windows NT 6.1.7601 Service Pack 1 This section does not supersede any other applicable federal, state, or local regulation such as ch. NR 103 or ch. 30 , Stats. Federal, state, and local permits or approvals may be required to excavate, dredge, fill, or construct BMPs in or near wetlands, non-navigable or navigable waters. Other permits and approvals may not be authorized where the BMP construction will result in adverse environmental impacts to the waterway or wetland. Microsoft Windows NT 6.1.7601 Service Pack 1