Storm Water_MS4 Resources

Additional MS4 Resources

Resources to different storm water funding opprotunities, past quarterly regional newsletters and common MS4 questions asked by MS4 Permittees.

Grants and other funding opportunities 

  • Clean Water Fund Program (CWFP) provides affordable financial assistance to municipalities for publicly owned wastewater and water quality-related stormwater infrastructure projects that are needed to achieve or maintain compliance with federal and state regulations, such as Wisconsin Pollution Discharge Elimination System (WPDES) permits. To be eligible for funding from the CWFP, stormwater projects must lead to or provide treatment to control discharged water quality.
  • EPA OSG Program – Funding for critical stormwater infrastructure projects in communities, including combined sewer overflows (CSO) and sanitary sewer overflows (SSO).
    • Grant Implementation Document – This document provides information on how to manage the Sewer Overflow and Storm Water Reuse Municipal Grants Program.
  • Fund For Lake Michigan Grant Opportunities –  501(c)3 non-profit organizations, local units of government, government agencies, tribes, universities and other educational institutions are eligible for funding. Geographically, Fund for Lake Michigan grants are targeted to the Lake Michigan shoreline, near shore areas and watersheds within the Lake Michigan basin in Wisconsin, with priority given to projects in Southeastern Wisconsin. The Fund for Lake Michigan will also consider a small number of grants outside the Lake Michigan watershed and within the Madison Gas and Electric’s service territory.
  • Great Lakes Restoration Initiative (GLRI) is a federal program that provides unprecedented funding for protection and restoration efforts on the five Great Lakes. The GLRI is guided by an action plan with detailed performance goals and clear accountability standards. An interagency task force, led by the U.S. Environmental Protection Agency (EPA), coordinates federal efforts and directs funding to states, cities and nongovernmental groups that are best able to address local restoration priorities.
  • Surface Water Grant Program provides cost-sharing grants for surface water protection and restoration. Funding is available for education, ecological assessments, planning, implementation, and aquatic invasive species prevention and control. With many different projects eligible for grant funding, you can support surface water management at any stage: from organization capacity development to project implementation.
  • The Targeted Runoff Management (TRM) Grant Program offers competitive grants for local governments to control pollution from diffuse sources, also called “nonpoint source (NPS)” pollution. Grants from the TRM Program reimburse costs for agricultural or urban runoff management practices in targeted, critical geographic areas with surface water or groundwater quality concerns.
  • Urban Nonpoint Source & Storm Water (UNPS&SW) Management Grant Program offers competitive grants to local governments for the control of pollution from diffuse urban sources that is carried by storm water runoff. Grants from the UNPS&SW Program reimburse costs of planning or construction projects controlling urban nonpoint source and storm water runoff pollution.

Past Regional MS4 Quarterly Highlights

2024

Winter edition:

Spring edition:

Summer edition:

Fall edition:

2023

Winter edition:

Spring edition:

Summer edition:

Fall edition:

Common MS4 questions:

Shared Responsibility

The County implements my community's construction site pollutant control program, do I need a written program procedure?

Yes, each MS4 Permittee should have a written stormwater management program that describes in detail how it intends to comply with the permit requirements for its program. If another municipality or entity agrees to implement a stormwater management program or permit requirement on behalf of your community, the written program should describe how the program is implemented. For example, although the county may be responsible for implementing the construction program in your community, your written program procedure should describe how your community ensures the county is implementing the program consistent with permit conditions.

  • Examples of information gaps that may be missing:
  • Roles and responsibilities (e.g., who is responsible for what part of the construction program)
  • Formal written agreement signed by both parties’ authorized representatives. The agreement shall be explicit as to which specific permit conditions are being covered by which municipality or other entity.

Stormwater utility

What is a stormwater utility? Does the DNR require this?

Under state law, a municipality has the authority to decide whether or not it will establish a stormwater utility. A stormwater utility is established to collect a user fee to manage stormwater runoff similar to that charged by a municipality for providing drinking water or treating wastewater. Under state law, the collected revenue must be used for stormwater management, which includes both flood control and water quality-related needs. The DNR does not direct how a municipality pays for its stormwater management program and infrastructure, nor does it regulate or oversee stormwater utilities.

Waterways and wetlands

Chapter 30 questions:

For questions regarding waterways and wetlands permitting, please visit Waterway and Wetland Permitting to find your regional contact. Complaints can be filed online here: Wisconsin Department of Natural Resources Waterway and Wetland Question and Complaint Form.

Flooding on private property

A resident called to explain that their land had been flooded by water draining from another property. Can the DNR do something 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 or flooding issues. Water drainage is sometimes regulated by a local municipal ordinance and is also governed by common law. For a more complete explanation, see Chapter 7 in Wisconsin’s Water Law – A Guide to Water Rights and Regulations.

Construction site erosion control

Municipally conducted erosion control inspections:

Each MS4 Permitted municipality is responsible for overseeing any construction sites greater than an acre or more of land disturbance or sites part of a larger plan of development or sale, including municipal projects, by conducting and documenting erosion control inspections at the frequency stated within its MS4 Permit.  

The DNR Storm Water Construction Permit also requires the developer to conduct its own erosion control inspections consistent with permit requirements. Here are some common questions WDNR staff have been asked by municipalities:

If the developer is required to conduct inspections, why are municipalities required to conduct inspections?

A developer may record the site has no erosion control issues when in fact, it does. It is important for the municipality to conduct inspections to ensure the developer inspections are accurate.

Can I use a consulting firm to conduct our municipally conducted erosion control inspections?  

If the consulting firm is conducting these inspections on behalf of the permittee, their inspections are the municipal inspections. Similar to other aspects of the MS4 permit, the permittee may use a consulting firm to implement permit conditions (e.g., review site plans) but the permittee is ultimately responsible for permit compliance (e.g., ensuring site plans are accurately reviewed). In short, if your municipality is using a consulting firm to conduct municipal inspections, please ensure they are following your permit conditions.

For public developments greater than an acre or more, if we are the developers and are conducting inspections, are we required to do additional inspections?

As the developer (e.g., the municipal public works department is developing the site), you are required to conduct weekly inspections and inspections within 24 hours after a rainfall event of 0.5 inches or greater. As this frequency meets MS4 permit expectations, you do not have to conduct additional inspections. However, please ensure inspections demonstrate permit compliance – inspections are conducted adequately and are documented. If the MS4 is not the developer (e.g., using a contractor to develop the site), you are required to conduct the municipal inspections.

Should the private developer submit its inspection reports to our community for our review?  

The MS4 permit does not require your community to receive or review the private developer's erosion control inspection reports. However, if your community's municipal ordinance or municipally issued permit requires these reports to be submitted, the DNR's expectation is your community will follow its own regulations.  

Does my community need to issue a separate erosion control permit or, can the erosion control regulations be part of a larger building permit?

Many communities issue an erosion control permit separate from the building permit. However, other communities do not but, incorporate erosion control requirements into a comprehensive building permit. Either is acceptable as long as the permit provides the Permitted MS4 regulatory authority on erosion and sediment control requirements.  

Your community's permitting procedure should also be described within your community's written Construction Site Pollutant Control Program.

Does my community need to issue itself an erosion control permit for public projects (e.g., municipal road projects, municipal buildings, etc.)?

Though some communities issue themselves an erosion control permit, other communities do not. However, these communities will incorporate regulations within their contracts with the developer.  

If your community does not issue permits for municipal projects, this should be clearly described within your community's written Construction Site Pollutant Control Program.
 

Post construction stormwater management

Municipally owned versus municipally operated stormwater Best Management Practices (BMPs): What's the difference?

The term ‘municipally owned’ is used to define permanent, structural storm water management practice or BMPs owned by the municipality and likely located on municipally owned property. Also referred to as public BMPs, these BMPs are required to be maintained by the municipality.  

The term ‘municipally operated’ is used to define a permanent, structural storm water management practice or BMP that is not owned by the municipality, but for which the municipality has an obligation to maintain under a maintenance agreement with the owner and takes credit for pollutants removed by the BMP.

Many municipally operated BMPs are privately owned BMPs within a permitted municipality for which said permitted municipality has long-term maintenance authority on (e.g., long term maintenance agreement, easement agreement, etc.). However, a municipally operated BMP can also be a BMP owned by another public entity.

Why do I (MS4) need maintenance authority on privately owned BMPs within my community? 

To ensure private BMPs continue to function as designed and meet performance standards, the permitted MS4 must have long-term maintenance authority.  

Although municipalities commonly require private BMPs be inspected and maintained by the private BMP owner, in some situations, the municipality takes full ownership and conducts the inspection and maintenance. The person(s) responsible for inspecting and maintaining the private BMPs should be included in the BMP's long-term maintenance agreement, or other regulatory mechanism, and also be described in the MS4 Permittee's written program. Furthermore, while the MS4 permit does not dictate who must inspect private BMPs, your municipality may. For example, in many municipalities, private BMPs can be inspected and maintained by the private BMP owner or designee. However, other municipalities require the private BMP owner to hire a licensed professional engineer or similar service to conduct the BMP inspections. Regardless of the person(s) responsible for inspecting the private BMP, the municipality should ensure the long-term maintenance agreement is being appropriately implemented. It is highly recommended the municipality develop and implement a procedure to consistently verify long-term maintenance agreements are implemented as required. For example, if a long-term maintenance agreement requires the private BMP be inspected annually, a municipality may send annual letters to private BMP owners reminding them to inspect their BMP or requesting the required inspection reports.  

How often should stormwater BMPs be inspected?

BMPs should be inspected according to their stormwater management plan, operation and maintenance plan, or maintenance agreement. However, at a minimum, the MS4 permit requires municipally operated (private) and owned (public) stormwater BMPs to be inspected at least once every five years. These inspections must also be documented. 

 

Pollution prevention

Storm Water Pollution Prevention Plans (SWPPPs):  

When does my municipal property need a SWPPP?  

A SWPPP is required at any property under the MS4s control where materials and activities occurring outside have the potential to generate stormwater pollution (i.e., runoff goes to storm sewer, sheet flows, enters surface waters and/or wetlands). Examples such as temporary storage of construction spoils, yard waste piles, collected street sweeping and catch basin materials, composting, residential drop off areas, use of salt sheds, fueling stations, etc. should be described in the site SWPPP with associated structural and/or non-structural BMPs to reduce and/or eliminate stormwater pollution.  

If you are unsure if a property requires a SWPPP, please contact your department regional storm water staff.

Collection services:

Our community does not conduct leaf and other yard waste collection. However, residents may bring leaf and other yard waste to our drop off property(s). Are we still required to have a written program procedure?  

Yes, although your community does not conduct the collection of leaf and yard waste, if your community manages these materials, a written program should be developed. The written program should describe information such as where the drop-off location(s) is located, when drop-off operations occur (e.g., seasonal, year-round), the types of accepted materials (e.g., only leaves, only leaves and woody brush, etc.), duration of material storage, and final disposal location (e.g., sent to/picked up by external entity) or final use of materials (e.g., if collected materials are composted and not brought to a final disposal location).  

As a reminder, this municipally controlled property requires a SWPPP.  

Our community does not conduct collection services (i.e., leaf and other yard waste, street sweeping, catch basin cleaning). However, our community hires out this/these service. Are we still required to have a written program procedure?  

Yes, if one or multiple service are conducted in your community, the collection service procedure(s) should be described in your written program procedure.