Runoff Home

Storm Water

Frequently Asked Questions

  1. Who needs a storm water permit?
  2. What is a Common Plan of Development?
  3. Why are storm water permits necessary?
  4. When should a facility apply?
  5. Is there a storm water permit fee?
  6. Can you suggest some practices for controlling storm water runoff at a business site?
  7. Are there concerns about wet detention ponds and West Nile Virus?
  8. My land is being flooded by water draining from my neighbor's property.  What can the DNR do about it?
  9. Can you clarify how to calculate TSS for the 40% and 80% reduction of total suspended solids requirement for municipalities?
  10. How should WinTR-55 be used in Wisconsin?
  11. How do I create an Erosion Control Plan?
  12. How do I create a Storm Water Management Plan for post-construction?
  13. Where can more information be found?

Who needs a storm water permit?

WPDES Storm Water Permits are required for discharges from the following three areas:

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Why are storm water permits necessary?

Legally, storm water permitting is required by the federal Clean Water Act through the EPA National Pollutant Discharge Elimination System [exit DNR] . The Department of Natural Resources administers this federal program through WI Administrative Code ch. NR 216 [exit DNR] which covers the Wisconsin Pollutant Discharge Elimination System (WPDES) Storm Water Permits.

Environmentally, WPDES Storm Water Permits help decrease the amount of polluted runoff that entering the waters of the state by requiring the development and implementation of Industrial Storm Water Pollution Prevention Plans, Construction Site Erosion Control Plans, and Municipal Storm Water Management Plans. Less polluted storm water means fewer chemicals, fewer heavy metals, and less sediment in Wisconsin's waterways, making them healthier for both people and wildlife. Top

What is a Common Plan of Development?

Issue
Developers sometimes plan a subdivision, construct subdivision roads and install utilities, but don’t grade or otherwise disturb the land surface within the subdivision’s individual lots prior to selling the lots. The lot buyers subsequently disturb the land in their lots and construct impervious surfaces (driveways, homes, etc.) on the parcels. Some developers have questioned whether they have to install storm water management facilities to account for the runoff from the impervious surfaces that their customers (subsequent owners) will construct on the subdivision lots. Are developers required to install storm water management facilities for these subdivision parcels that they sell? Are these smaller parcels or lots included within the “construction site” because they are part of a larger common plan of development of the construction site? Complete PDF document [PDF 116KB]

 

When should a facility apply?

Industrial facilities should apply for a permit as soon as possible before operations begin at a facility. Permit coverage must be conferred before the facility is in operation. Landowners of a construction site should apply for a permit as early in the project design process as possible to avoid potential construction delays. However, this application can be submitted as few as 14 working days before construction begins. Municipalities will be contacted by the Department if a municipal storm water permit is required.

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Is there a storm water permit fee?

Industrial facilities are assessed an annual fee of $500, $260, $130, or $0, depending on the type of permit. See the Industrial Facility Storm Water Permit Page for details.

Construction sites are assessed an application fee based on acres of land disturbance:

Acres of Land Disturbance Application Fee
Less than 5
$ 140
5 or more and less than 25
$ 235
25 or greater
$ 350

 

Permit fees for municipalities range from $1,000 and are based on the size of the municipality.

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Can you suggest some practices for controlling storm water runoff at a business site?


My land is being flooded by water draining from my neighbor's property.  What can the DNR do about it?

The DNR's authority is limited to regulating the pollutants carried in storm water runoff and it does not include regulation over local drainage (flooding) issues.  Water drainage is sometimes regulated by a local municipal ordinance (city, village, town or county) and is also governed by common law. For a more complete explanation, see Wisconsin's Water Law - A Guide to Water Rights and Regulations, Chapter 7, from the UWEX web site. [PDF 2.7 MB]

Are there concerns about wet detention ponds and West Nile Virus?

See the page West Nile Virus and Storm Water Management.

Can you clarify how to calculate TSS for the 20% and 40% reduction of total suspended solids requirement for municipalities?

Issue
Under s. NR 151.13 (2), Wis. Adm. Code, a municipality subject to the municipal storm water permit requirements of subch. I of ch. NR 216, Wis. Adm. Code, must, to the maximum extent practicable, implement a 20% and a 40% reduction in total suspended solids in runoff that enters waters of the state as compared to no controls, by March 10, 2008 and March 10, 2013, respectively. Staff who work with affected municipalities need guidance on what areas under the municipalities’ jurisdictions will be included in this requirement. They also need to know what is meant by “no controls” and “with controls”, and what methods are acceptable for making these calculations. Complete PDF document (PDF, 218 KB) Errata (PDF)

How should WinTR-55 be used in Wisconsin?

The Win TR-55 program has been released by NRCS at a national level however, Wisconsin NRCS does not recommend its use in Wisconsin at the present time. There are several components of the model that need to be calibrated for Wisconsin. Initial calculations indicate that the WinTR-55 program will significantly overestimate peak discharge values and that its hydraulic calculations for outlet pipes are inaccurate. Until calibration is performed, you should use the previous version (2.1) of TR-55 or TR-20. Questions should be directed to Annette Humpal, NRCS Hydraulic Engineer at 920-733-1575 ext. 119.

How do I create an Erosion Control Plan?

The Erosion Control Plan for a construction site addresses the discharge of sediment and other pollutants that are carried in runoff from the construction site in accordance with s. NR 216.46, Wis. Adm. Code. A common misconception is that the erosion control plan is the same as engineering plans or drawings. The erosion control plan is primarily a narrative document with some mapping requirements and is supported by engineered plans and calculations. The Wisconsin DNR, in cooperation with other stakeholders, has developed several erosion and sediment control technical standards to assist landowners and contractors in developing a construction site erosion control plan.

See Construction Site Erosion Control & Storm Water Management for more information.

How do I create a Storm Water Management Plan for post-construction?

The storm water management plan should include a description of management practices that will be installed to address the discharge of total suspended solids, control peak flow, provide for infiltration, and maintain protective areas that comply with s. NR 216.47, Wis. Adm. Code. In addition, the plan must comply with the applicable post-construction performance standards in ch. NR 151, Wis. Adm. Code. The Wisconsin DNR in cooperation with other stakeholders, has developed storm water management technical standards to assist landowners and contractors in developing a storm water management plan

See Construction Site Erosion Control & Storm Water Management for more information.

Where can more information be found?

See the following pages for more details on the WPDES Storm Water Program:
Contact Information
For more information about this page, please contact: Jim Bertolacini 608-264-8971
Last Revised: Friday April 03 2009