Section 151.241. Post-construction performance standards.

 

(1)   General. In ss. NR 151.241 to 151.249 , "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 151.241 to 151.249 apply to a transportation facility post-construction site that is or was subject to the construction performance standards of s. NR 151.23 , except any of the following:

(a) A transportation facility 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 151.245 .

(b) Reconditioning or resurfacing of a highway.

(c) Minor reconstruction of a highway. Notwithstanding the exemption under this paragraph, the protective area performance standard in s. NR 151.245 applies to minor reconstruction of a highway.

(d) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, that are in compliance with the performance standards of subch. III .

(e) Routine maintenance if performed for storm water conveyance system cleaning.

(3)   Storm water management plan. The responsible party under s. NR 151.22 shall develop and implement a written storm water management plan for each transportation facility post-construction site and shall incorporate the requirements of ss. NR 151.242 to 151.249 .

(4)   Maintenance of effort. For non-highway transportation facility redevelopment sites and highway reconstruction where the redevelopment or reconstruction will be replacing older development or highway 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 highway, or meet the redevelopment or highway reconstruction standards of ss. NR 151.242 to 151.249 , whichever are more stringent.

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

Note

Examples of storm water management plans that may be used to comply with ss. NR 151.242 to 151.249 may include those specified in s. NR 216.47 or s. TRANS 401.106 (2). Microsoft Windows NT 6.1.7601 Service Pack 1