WIState-AdministeredSWPPP Requirements in Wisconsin
Wisconsin administers its WPDES (Wisconsin Pollutant Discharge Elimination System) construction stormwater program under NR 216 through WI DNR. The state's NR 151 performance standards require an 80–85% reduction in total suspended solids (TSS) from construction sites — among the most specific performance requirements in the region. Outstanding Resource Waters and Great Lakes tributary protections add layers of complexity for northern and eastern Wisconsin projects.
Wisconsin SWPPP Key Facts
- ✓NR 216 governs WPDES construction stormwater permitting
- ✓NR 151 requires 80–85% TSS reduction — specific performance standard unique to Wisconsin
- ✓Outstanding Resource Waters (ORW) and Exceptional Resource Waters (ERW) trigger enhanced controls
- ✓Tiered NOI application fees under NR 216 (updated for 2023 — see DNR construction stormwater forms)
- ✓Great Lakes watershed position creates federal Great Lakes Compact overlay considerations
Administering Agency
- Agency
- Wisconsin Department of Natural Resources (WI DNR)
- Phone
- 608-266-2621
- dnr.construction.stormwater@wisconsin.gov
- Website
- WI DNR Stormwater Program
Permit Details
- Permit Name
- WPDES Construction Site Stormwater General Permit (Wis. Admin. Code ch. NR 216)
- Permit Number
- NR 216
- Effective Date
- 2022-03-28
- Permit Document
- View Current Permit
SWPPP Thresholds & Triggers
- Acreage Threshold
- 1 acre of land disturbance
Outstanding Resource Waters (ORW) and Exceptional Resource Waters (ERW) trigger enhanced pollutant controls. NR 151 performance standards (85% TSS reduction) apply statewide. Great Lakes watershed and tributary projects require additional consideration.
Inspection Requirements
- Inspection Frequency
- At least once every 7 days and within 24 hours after a rainfall event of 0.5 inches or more
- Rain Event Threshold
- 0.5 inches in 24 hours
- Certified Inspector
- Required by state
- Accepted Certifications
- CPESC, CESSWI, Wisconsin WDNR-recognized inspector
NOI filed through Wisconsin DNR's online system. NR 216 requires a trained site inspector; training documentation must be kept on site.
Penalties & Enforcement
- Max Civil Penalty (Per Day)
- $10,000 per day per violation
- Criminal Penalties
- Fines up to $25,000/day and imprisonment for willful violations under Wisconsin Statutes 283
WI DNR regional offices conduct field inspections; Great Lakes tributary sites have elevated enforcement priority.
Permit Fees
- NOI Filing Fee
- Tiered NOI application fee (Jan. 2023+): $250 (<2 ac); $350 (2–<5 ac); $550 (5–<25 ac); $800 (25+ ac) — confirm current fee table on WI DNR
- NOT Filing Fee
- $0
- Other Fees
- Fees double if disturbance begins before DNR receives NOI. Local MS4 fees may apply in Milwaukee, Madison, and Green Bay metro areas
How Wisconsin Differs from Federal Requirements
- ⚠Wisconsin's NR 151 TSS performance standard (80–85% reduction) is more prescriptive than federal CGP BMP-based requirements.
- ⚠WPDES is Wisconsin's state equivalent to NPDES — state-administered, not EPA-issued.
- ⚠ORW/ERW enhanced controls are Wisconsin-specific designations not present in the federal CGP framework.
SWPPP Tips for Wisconsin
- ➤Design BMPs to the NR 151 performance standard (80–85% TSS reduction) explicitly — inspectors verify performance, not just BMP presence.
- ➤Identify whether your project discharges to an ORW or ERW early — enhanced requirements significantly affect SWPPP design.
- ➤Keep inspector training documentation on site at all times; WI DNR requires proof of training during inspections.
Wisconsin SWPPP FAQs
What is NR 151 and how does it differ from the federal CGP?+
NR 151 is Wisconsin's performance standard rule requiring that construction sites achieve 80–85% TSS reduction. The federal CGP uses BMP-based compliance; Wisconsin's NR 151 adds a quantitative performance standard that site designs must meet.
What are Outstanding Resource Waters in Wisconsin?+
ORWs are water bodies designated by WI DNR for exceptional ecological or recreational value. Construction activities discharging to ORWs must meet enhanced pollutant controls and may require individual permit review rather than general permit coverage.
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