Section 216.415. Authorized local program.

 

(1)   Purpose. The purpose of this section is to promote efficient, integrated administration of state and municipal construction site erosion control and storm water management programs. A municipality with an authorized local program will be the primary entity fulfilling the technical and administrative responsibilities to assure compliance with both local and state construction site erosion control and storm water management requirements. Authorized local programs simplify the permitting process for landowners and operators responsible for complying with state and local laws and facilitate the integration of erosion control and storm water requirements with other local planning and zoning functions. The department retains its authority to take enforcement against individual landowners and operators for violations of this chapter.

(2)   Voluntary participation. Any municipality may apply to the department for authorization of its local program under this section.

(3)   Application and approval process.

(a) A municipality seeking approval from the department for an authorized local program shall submit an application on forms available from the department. Applications shall be submitted by October 1 of the year prior to anticipated operation of an authorized local program.

(b) The department shall review the application and any other relevant information and determine whether to authorize the local program. The department shall base its decision on the applicant's ability to meet the requirements in subs. (5) and (6) . The department shall notify the applicant in writing of its decision. If the application is denied, the department shall identify the reasons for denial.

(c) Department authorization of a local program shall remain effective until termination or discontinuation under sub. (10) .

(4)   State coverage. Any landowner of a construction site that is regulated by an authorized local program under this section is deemed to be covered under a department construction site storm water discharge permit issued pursuant to this subchapter and shall comply with the requirements of the department's permit. The department may enforce against the landowner of a construction site for violation of the permit.

(5)   Program requirements.

(a) The municipality shall have the legal authority and resources to implement and enforce the requirements of this subchapter.

(b) The municipality shall adopt, implement and enforce an ordinance with erosion control and storm water management requirements that comply with the requirements of subchs. III and IV of ch. NR 151 .

(c) The municipality shall implement a program to inform the public that it has an authorized local program under which landowners are to apply for erosion control and storm water management approval under this subchapter via the municipality.

(d) The program requirements in this subsection and subs. (6) to (8) may be provided through municipal staff, intergovernmental agreements or use of professional service contracts.

(6)   Application. For construction sites regulated under this subchapter, all of the following apply:

(a) A municipality operating an authorized local program shall clearly identify in writing to applicants seeking municipal erosion control and storm water management approval, that applicants will also be granted coverage under the department's general construction site storm water discharge permit pursuant to sub. (4) .

(b) A municipality operating an authorized local program shall require that landowners submit a copy of the department's notice of intent or an equivalent application form to request municipal erosion control and storm water management approval. An equivalent application form shall comply with the signature requirements under s. NR 216.43 (3) . The submittal of a complete application to a municipality operating an authorized local program by a landowner constitutes submittal to the department of a notice of intent under s. NR 216.43 . The application that is required under this paragraph shall be sent to the department if the department requests a copy.

(c)

1. The 14-working day timeline for permit coverage authorization granted under s. NR 216.44 does not apply to construction sites regulated by an authorized local program under this section.

2. Under this section, the notice of intent or equivalent application shall be submitted by the landowner to the municipality operating the authorized local program at least 30 calendar days prior to the anticipated commencement of any land disturbing construction activities. Unless notified to the contrary by the municipality or the department, a landowner who has submitted a notice of intent or equivalent application in accordance with this section is authorized to discharge storm water from a construction site under the terms and conditions of the department's general construction site storm water discharge permit 30 calendar days after the date that the municipality operating the authorized local program receives the notice of intent or equivalent application. The municipality may grant coverage to a landowner in a period of less than 30 days.

(7)   Site review. A municipality operating an authorized local program shall perform the following for applications for construction site approval under this section:

(a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following:

1. Wetland water quality standards provisions in ch. NR 103 .

2. Endangered and threatened resource protection requirements of s. 29.604 , Stats., and ch. NR 27 .

3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45 , Stats.

(b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a) , direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate.

(c) Review proposed projects for compliance with the municipality's erosion control and storm water management ordinance.

(8)   Records, annual report and fees.

(a) The municipality shall maintain applications, inspection records and other relevant information necessary to administer an authorized local program.

(b) A municipality shall submit a written annual report to the department by March 31, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following:

1. Name, address and phone number of person responsible for administering the municipality's authorized local program.

2. Construction project name and legal address of projects that have been granted initial coverage under this section in the previous calendar year and the acreage of land disturbance at each of those sites.

3. An estimate of the number of construction site inspections performed and citations issued.

(c) The application fee payable by the landowner to the department under s. NR 216.43 (2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total.

(9)   Department audit.

(a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality's effectiveness in administering its authorized local program.

(b) The municipality shall cooperate with the department in performing site inspections.

(10)   Program termination.

(a) To discontinue operation of an authorized local program, a municipality shall do all of the following:

1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination.

2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program that the department will be taking over as the primary enforcing agency under this subchapter.

3. Send the department a copy of all construction site applications and other relevant information where approval under this section was granted and coverage has not been terminated.

4. Provide the department with the annual report as required under sub. (8) (b) .

5. Provide the department with its shared application revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c) .

(b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality's local program. The department shall notify the municipality by letter at least 30 days prior to termination.

History: CR 03-028 : cr. Register July 2004 No. 583 , eff. 8-1-04.

Note

Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner's responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns. Microsoft Windows NT 6.1.7601 Service Pack 1 The construction site storm water discharge permit issued pursuant to this subchapter expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a). Microsoft Windows NT 6.1.7601 Service Pack 1 A municipality operating an authorized local program has the authority to grant general permit coverage under this subchapter. However, projects that require a permit under ch. 30 , Stats., or water quality certification for work within wetlands must still obtain those permits and approvals directly from the department. Microsoft Windows NT 6.1.7601 Service Pack 1