Authority For Sewer Service Area Planning

In the Federal Water Pollution Control Act Amendments of 1972 (PL92-500), federal law created a process to establish locally developed areawide water quality management plans, or basin plans. Areawide water quality management planning was codified at the state-level through the development of NR121, Wisconsin Administrative Code. NR121 specifies that Areawide Water Quality Management Plans include components that deal specifically with sewer service areas and projected needs for 20 years into the future. Sewer Sercie Area Plans and related water quality plans are at times referred to as "Section 208" plans due to the original stipulation in the Clean Water Act for Areawide Water Quality Management Plans.

Under Wisconsin statutory authority in Chapters 144.025(1) and (2), and 147.25, Wis. Stats., and Chapter NR 121, Wis. Adm. Codes, 1979, sewer service area planning is performed by governor-appointed 'designated planning agencies' for the most heavily urbanized areas of the state and by the WDNR in "non-designated areas." NR121 also established procedures whereby local entities can be identified as designated planning agencies by a certification from the Governor to the U.S. Environmental Protection Agency. (See, What Are Designated and Nondesignated Areas, below.)

In "non-designated areas", sewer service area plans must identify sewer service areas for selected urban areas within standard metropolitan statistical areas and for areas with populations exceeding 10,000 (as per 121.05(1)(g)(4)). Urban areas with treatment plants of 1.0 MGD or more within standard metrolitan regions are included in the sewer service area planning process.

While the federal and state law established the concept, the substantive and procedural details of sewer service area planning have been evolved at the state and local levels to meet the needs of resources and stakeholders. Sewer service area plans are in some cases developed and in all cases reviewed through public involvement activities prior to their submittal to WDNR for administrative decision on approval or denial. Generally, WDNR funds the local technical work needed to prepare the plan. However, the WDNR retains ultimate responsibilty for preparation and implementation of sewer service area plans.

Sewer service area planning's water quality protection authority is limited to areas with wastewater treatment. However, through the planning process, state, local and regional authorities concerning the placement of structures or other development in environmentally sensitive areas are generally made explicit. In this way, the sewer service area planning process helps guide local growth within the myriad planning processes and multi-level authorites involved in development. This focused integration is designed to avoid negative impacts on water resources locally and regionally.

The systematic approach to sewer service area planning should not belie its inherent flexibility and 'ownership' by the local communities involved. These plans are essentially local plans designed to identify local needs and resources as they relate to wastewater treatment. For example, a community may decide to include as 'environmental corridors' areas other than those determined to be environmentally sensitive for water quality. Parks, woodlands, and other green spaces can be added to an environmental corridor component of a sewer service area plan. However, state authority to restrict development in those areas is limited. The SSAPlanning code, NR121, provides authority for water quality protection in sewer service areas. Local communities should supplement the delineation of corridor and sensitive resource areas with local or regional protections, such as conservancy zoning. Environmentally sensitive areas can be public or private; the land need not be in public ownership.

For more information, contact: Lisa Helmuth.