November 8, 2013Client Alert

WDNR Releases Three Draft Guidance Documents on Storm Water Management

The Wisconsin Department of Natural Resources (WDNR or Department) has issued three new draft guidance documents regarding storm water management for public review and comment through November 26, 2013:


1. Maintaining Best Management Practices (BMPs) in Locations that Qualify for Delayed Implementation for the Highway Reconstruction Standard


This guidance document is intended to reconcile differences between a state statute and a WDNR rule, and is directed to WDNR staff, permitted Municipal Separate Storm Sewer Systems (MS4s), and WisDOT facilities within MS4s that have highway reconstruction projects subject to the statute and rule. The statute, Wis. Stat. s. 281.16(2)(am)3, requires permitted MS4s to maintain all best management practices in place before July 1, 2011 if that municipality has achieved a 20 percent reduction in total suspended solids. NR 151.272(3) grants a delayed implementation date of January 1, 2017 for municipalities to meet the highway reconstruction total suspended solids performance standards. This guidance helps permitted MS4s and WDNR staff determine how existing BMP’s are to be evaluated, removed, and replaced during highway reconstruction projects.



2. Meeting Infiltration Performance Standard of ch. NR 151, Wis. Adm. Code


This guidance document presents scenarios and solutions to meet the infiltration standards in NR 151 despite site specific issues and is directed to WDNR staff, developers, consultants, and landowners of construction sites. The document will help these parties assess whether an infiltration plan is adequate. If the situation facing a developer is not presented in the document, the guidance specifies to ask the question, “has the developer tried to employ infiltration to the maximum extent possible?”



3. Permeable Pavement Technical Standard (1008)


This proposed technical standard is designed to create uniform criteria for permeable pavement products. The guidance defines permeable pavements, provides design standards, and gives technical information for construction stakeholders to calculate the implications of using permeable surface products to manage storm water.



For assistance in reviewing or filing comments on any of these guidance documents, please contact your Michael Best attorney or the DNR contact person noted above.
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