Updating Wisconsin's polluted runoff rules

Will Hoyer

In 2002, through the hard work of many people and the support of people like you who believe in clean water, Wisconsin became one of the first states in the nation to pass a comprehensive set of administrative rules protecting our waterways from polluted runoff. One large piece of the puzzle left out of the rule, NR 151, however was the role of riparian vegetated buffers along lakes, rivers and streams in reducing the amount of nutrients and sediment entering our waters from farms.

The water rich in fertilizer and sediment that flows off of farm fields, roads, and lawns is called non-point source pollution, or polluted runoff. Most people agree this is the biggest threat to the water quality of Wisconsin's lakes and rivers. The spring snowmelt, when a winter's worth of snow melts and runs off bare fields and heavy rains occur, can be especially damaging, delivering huge amounts of nutrients and sediment to rivers and streams.

Compared to the point source pollution that comes out of pipes, polluted runoff is very difficult to prevent. One tool in the toolbox is the use of buffers. Buffers composed of natural vegetation — grasses, trees, and shrubs — not only protect water quality; they also are valuable wildlife habitat and provide significant aesthetic benefits as well.

The decision to omit riparian buffers from NR 151 in 2002 was purposeful. There was disagreement over whether buffers should be required, and if so, where they should be and how big they should be. The DNR was directed to return to this issue in 2008 in a re-examination of the polluted runoff rules. Over the intervening years, research has shown two things. First, buffers can and do protect water quality. Second, buffers, along with other best management practices to reduce polluted runoff, are more necessary in some places than others because these places are particularly vulnerable to nutrient and sediment loss.

The DNR has proposed changes to NR 151 that incorporate some of the knowledge gained in the intervening years. It is critical that NR 151 include two key components:

1. Mandatory 35 foot vegetated buffers along all Wisconsin waters. The science is clear. Buffers do help water quality no matter where they are. Yes, they are more critical in some places than in others, but the other benefits they provide — habitat, improved aesthetics and streambank stabilization among other things — make them very important everywhere. Thirty five feet is the current setback required for lakefront property owners and we believe consistency is important. If 35 feet is what is best along lakes, and lakefront property owners are required by the state to maintain 35 feet, it is logical that owners of agricultural land should maintain 35 feet too.
2. A way of targeting those areas most critical for protecting water quality. The science is also clear that there are places on the landscape — parts of the state, parts of a watershed, or parts of a farm field, and certain waters — that are more susceptible to polluted runoff. In times of very limited financial resources to be devoted to implementing polluted runoff rules, it only makes sense to use those resources most efficiently and target those specific areas that are particularly vulnerable. This can be easily done through a variety of means including targeting regulation, funding, enforcement and implementation. Treating all parts of the state equally can be an inefficient use of valuable resources.

It is important to acknowledge that many changes that make sense to us are likely to receive vocal, well organized opposition from groups like the Farm Bureau and the Dairy Business Association. This makes it absolutely critical that the DNR also hear from you. As NR 151 progresses through the political process, you will have the opportunity to tell the DNR your opinion. We will contact you when this happens. In the meantime, you can stay informed and updated by watching our website at www.CleanWisconsin.org for updates on the public hearings and more details on polluted runoff and the NR 151 rule revisions. With your help and support we can help make Wisconsin's wonderful waterways even better.