Section 216.42. Applicability.

 

(1)   Construction sites of one acre or more of land disturbance. Except as provided in subs. (2) to (11) , a notice of intent shall be filed with the department pursuant to s. NR 216.43 or to an authorized local program pursuant to s. NR 216.415 by any landowner who intends to create a point source discharge of storm water from a construction site to waters of the state. The landowner of the construction site regulated by this subchapter shall comply with all applicable provisions of this subchapter and the appropriate WPDES permit issued pursuant to this subchapter.

(2)   Agriculture. Storm water discharges from planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries are not regulated by this subchapter. This exemption does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.

(3)   Silviculture. Storm water discharges from silviculture activities, including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control are not regulated by this subchapter. Clearing and grubbing of an area of a construction site is not a silviculture activity.

(4)   Commercial buildings. Storm water discharges from construction sites for public buildings and buildings that are places of employment regulated by the department of safety and professional services pursuant to s. 101.1206 , Stats., in a manner which is equivalent to this subchapter shall be deemed to hold a WPDES permit issued pursuant to this subchapter.

(5)   Department of transportation projects. Storm water discharges from projects directed and supervised by the department of transportation, regulated by ch. Trans 401 , and subject to the department of transportation and department of natural resources liaison cooperative agreement, if in compliance with ch. Trans 401 and the liaison cooperative agreement shall be deemed to be in compliance with s. 283.33 , Stats., and the requirements of this subchapter. The department of transportation shall notify the department of projects under this subsection which shall constitute the notice of intent for these projects.

(6)   Other environmental programs. If a storm water discharge is in compliance with a department permit or approval which includes storm water control requirements that are at least as stringent as requirements under this subchapter, the department may determine that a facility is in compliance with permit coverage required under s. 283.33 , Stats., and will not be required to hold a separate permit under s. 283.33 , Stats.

(7)   Mill and crush operation. If construction activity does not result in land disturbing construction activity including a mill and crush operation that does not have soil disturbance, filling or road shoulder grading, the activity is not regulated under this subchapter.

(8)   Routine maintenance. Routine maintenance for project sites that involve under 5 acres of land disturbance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility is not regulated under this subchapter.

(9)   One- and two-family dwellings. Storm water discharges from construction sites of one- and two-family dwellings regulated by the department of safety and professional services pursuant to s. 101.653 , Stats., in a manner which is equivalent to the requirements of this subchapter as determined by the department in writing, shall be deemed to hold a WPDES permit issued pursuant to this subchapter.

(10)   Oil and gas industry. Storm water discharges from construction sites that disturb from one to 5 acres of land and that are associated with construction activity at oil and gas exploration, production, processing or treatment operations or transmission facilities are exempt from this subchapter until March 10, 2005.

(11)   Quarter mile separation. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project may be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed.

History: CR 03-028 : cr. Register July 2004 No. 583 , eff. 8-1-04; c orrection in (4), (9) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register December 2011 No. 672 .

Note

Certain lumber, wood and paper product manufacturers may require coverage under a general industrial WPDES permit for storm water discharges pursuant to subch. II. A silviculture activity may require approval pursuant to ch. 30 or 31 , Stats., or an U.S. army corps of engineers section 404 permit under 33 USC 1344 . Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to 2013 Wisconsin Act 20 , the department of natural resources was given state authority over erosion control at all construction sites with one acre or more of land disturbance, including commercial building sites and one- and two-family dwellings. For this reason, the exemptions under subs. (4) and (9) no longer apply and construction site permit coverage must be obtained through the department of natural resources. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to 2013 Wisconsin Act 20 , the department of natural resources was given state authority over erosion control at all construction sites with one acre or more of land disturbance, including commercial building sites and one- and two-family dwellings. For this reason, the exemptions under subs. (4) and (9) no longer apply and construction site permit coverage must be obtained through the department of natural resources. Microsoft Windows NT 6.1.7601 Service Pack 1