Section 151.121. Post-construction performance standards.

 

(1)   General. In ss. NR 151.121 to 151.128 , "post-construction site" means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred.

(2)   Applicability. Sections NR 151.121 to 151.128 apply to a post-construction site that is or was subject to the construction performance standards of s. NR 151.11 , except any of the following:

(a) A post-construction site with less than 10 percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of s. NR 151.125 .

(b) Agricultural facilities and practices.

(c) Underground utility construction, but not including the construction of any above ground structures associated with utility construction.

(3)   Responsible party. The landowner of the post-construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain post-construction storm water BMPs is the responsible party and shall comply with ss. NR 151.121 to 151.128 .

(4)   Storm water management plan. A written storm water management plan shall be developed and implemented for each post-construction site and shall incorporate the requirements of ss. NR 151.122 to 151.128 .

(5)   Maintenance of effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of this chapter in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of ss. NR 151.122 to 151.125 , whichever are more stringent.

CR 09-112 : cr. Register December 2010 No. 660 , eff. 1-1-11.

Note

This exemption includes both point and nonpoint discharges from agricultural facilities and practices. Therefore, post-construction structures such as barns, manure storage facilities, sand settling lanes, and barnyard runoff control systems are subject to subch. II and are not subject, under s. NR 216.47 (1) , to the post-construction performance standards of this subchapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of storm water management plans that may be used to comply with ss. NR 151.122 to 151.128 may include those specified in s. NR 216.47 or the municipal storm water management program specified in s. NR 216.07 (5) . Microsoft Windows NT 6.1.7601 Service Pack 1