Note to Users: The “Users” in this document are the municipalities that use this guidance in developing their ordinances. “Note to Users” appears in italics throughout these model ordinances and should not be included in the final ordinance. This model ordinance includes the use of brackets [ ] around phrases that are to be filled in by the municipality. For example, the phrase [administering authority] is frequently used. Where the municipality chooses to have the ordinance administered by the City Engineer, the phrase [administering authority] should be replaced by "City Engineer.” In a few places, the model ordinance includes phrases in brackets that are underlined [______]. In these cases, one of the underlined phrases should be selected verbatim. For example, if the phrase includes statutory citations, several underlined choices may be given such as [59.693
, 60.627, 61.354
, or 62.234]. A county would replace the phrase in brackets with “59.693,” since that is the appropriate citation for a county to use. Some sections and subsections are optional for users to include in the ordinance and will be identified as such in a “Note to Users.” An asterisk ( * ) denotes subsequent numbering and references to numbered sections or subsections that would be affected by exclusion of the optional text.
TABLE OF CONTENTS
Foreword
S. 01 Authority
S. 02 Findings of Fact
S. 03 Purpose
S. 04 Applicability and Jurisdiction
(1) Applicability
(2) Jurisdiction
(3)
Exclusions
S. 045 Subdivision and Numbering of This Ordinance; Word Usage
S. 05 Definitions
S. 055 Applicability of Maximum Extent Practicable
S. 06 Technical Standards
S. 07* Performance Standards for Construction Sites Under One Acre (Optional)
(1)
Responsible Party
(2) Erosion and Sediment Control Practices
(3) Location
(4) Implementation
S. 08* Performance Standards for Construction Sites of One Acre or More
(1)
Responsible Party
(2) Erosion and Sediment Control Plan
(3)
Erosion and Other Pollutant Control Requirements
(4) Implementation
S. 09* Permitting Requirements, Procedures, and Fees
(1) Permit Required
(2) Permit Application and Fees
(3) Permit Application Review and Approval
(4) Surety Bond
(5) Permit Requirements
(6) Permit Conditions
(7) Permit Duration
(8)
Maintenance
S. 10* Erosion and Sediment Control Plan, Statement, and Amendments
(1) Erosion and Sediment Control Plan Statement
(2) Erosion and Sediment Control Plan Requirements
(3) Erosion and Sediment Control Plan Amendments
S. 11* Fee Schedule
S. 12* Inspection
S. 13* Enforcement
S. 14* Appeals
(1) Board of [Appeals or Adjustment]
(2)
Who May Appeal
S. 15* Severability
S. 16* Effective Date
Note to Users: An asterisk ( * ) denotes subsequent numbering and references to numbered sections or subsections that would be affected by exclusion of the optional text.
MODEL CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ORDINANCE
AN ORDINANCE TO CREATE CHAPTER [NUMBER] OF THE [CODE OR ORDINANCE] OF THE [NAME OF MUNICIPALITY] RELATING TO THE CONTROL OF CONSTRUCTION SITE EROSION AND SEDIMENTATION RESULTING FROM LAND DISTURBING CONSTRUCTION ACTIVITIES
FOREWORD.
Use of this ordinance will foster consistent, statewide application of the construction site performance standards for new development and redevelopment contained in sub. III and IV of ch.
NR 151, Wis. Adm. Code.
The [governing body (town board of supervisors, county board of supervisors, city council, village board of trustees, or village council)] of the [name of municipality] does hereby ordain that Chapter [number] of the [code or ordinance] of the [name of municipality] is created to read as follows:
[CHAPTER]
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
S. 01 AUTHORITY.
(1)
This ordinance is adopted under the authority granted by s. [59.693 (for counties); 60.627 (for towns); 61.354 (for villages); or 62.234 (for cities)], Wis. Stats. This ordinance supersedes all provisions of an ordinance previously enacted under s. [59.69,
60.62, 61.35, or 62.23], Wis. Stats., that relate to construction site erosion and sediment control. Except as otherwise specified in s. [59.693, 60.627,
61.354, or 62.234], Wis. Stats., s. [59.69, 60.62, 61.35, or 62.23], Wis. Stats., applies to this ordinance and to any amendments to this ordinance.
Note to Users: There may be instances when this ordinance does not supersede other ordinances relating to construction erosion control previously adopted by the governing body.
(2) The provisions of this ordinance are deemed not to limit any other lawful regulatory powers of the [governing body].
(3) The [governing body] hereby designates the [administering authority] to administer and enforce the provisions of this ordinance.
(4)
The requirements of this ordinance do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(a)
Wisconsin Department of Natural Resources administrative rules, permits, or approvals, including those authorized under ss.
281.16 and
283.33, Wis. Stats.
(b)
Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under s.
NR 151.004, Wis. Adm. Code.
S. 02 FINDINGS OF FACT.
The [governing body] acknowledges that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in [name of municipality].
S. 03 PURPOSE.
It is the purpose of this ordinance to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the [name of municipality].
S. 04 APPLICABILITY AND JURISDICTION.
(1) APPLICABILITY.
(a)
Except as provided under par. (b), this ordinance applies to any construction site as defined under S. 05 (6).
(b) This ordinance does not apply to any of the following:
1. Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
Note to Users: Transportation facility projects directed and supervised by the Wisconsin Department of Transportation are not subject to this ordinance. Notwithstanding this ordinance, a municipality is required to comply with the construction site transportation facility performance standards in subch. IV of ch. NR 151, Wis. Adm. Code, for its own transportation-related projects. If a municipality has regulatory authority over the activities of another local unit of government, it may be appropriate to include the construction site transportation facility performance standards in ss. NR 151.225 (3) and 151.23 (4m), Wis. Adm. Code, in its ordinance if those types of projects occur.
2.
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under ch.
40, Code of Federal Regulations, part 122, for land disturbing construction activity.
3. Nonpoint discharges from agricultural facilities and practices.
4. Nonpoint discharges from silviculture activities.
5. Routine maintenance for project sites that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
(c) Notwithstanding the applicability requirements in par. (a), this ordinance applies to construction sites of any size that, as determined by the [administering authority], are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
Note to Users: The municipality may want to consider separate legal authority to address situations when persons other than the responsible party destroy or render ineffective Best Management Practices (BMPs) constructed to meet the performance standards of this ordinance.
(2) JURISDICTION.
This ordinance applies to [land disturbing construction activity on lands within the boundaries and jurisdiction of the [name of municipality];
or
land disturbing construction activities on lands within the boundaries and jurisdiction of the [name of municipality], as well as the extraterritorial division of land subject to an ordinance enacted pursuant to s. 236.45 (2) and (3), Wis. Stats.;
or
land disturbing construction activities on lands within the boundaries and jurisdiction of the [name of municipality], as well as all lands located within the extraterritorial plat approval jurisdiction of [name of municipality], even if plat approval is not involved].
Note to Users: These options differ in the amount of land area covered by this ordinance and may have ramifications for enforcement authority. For counties, the first option is the only option since counties do not have extraterritorial authority. Under s. 59.693 (10), Wis. Stats., if a county ordinance exists at the time of annexation, then the municipal ordinance must be at least as restrictive as the county ordinance.
(3) EXCLUSIONS.
This ordinance is not applicable to activities conducted by a state agency, as defined under s.
227.01 (1), Wis. Stats.
S. 045 SUBDIVISION AND NUMBERING OF THIS ORDINANCE; WORD USAGE
(1)
This ordinance is divided into sections designated by boldface numerals and abbreviated “S.”. Sections may be divided into subsections designated by numerals in parentheses and abbreviated “sub.” Subsections may be divided into paragraphs designated by lower case letters in parentheses and abbreviated “(par.).” Paragraphs may be divided into subdivisions designated by numerals followed by a period and abbreviated “ subd.” Subdivisions may be further subdivided into paragraphs designated by lower case letters followed by a period and those paragraphs may lowercase Roman numerals, which are abbreviated in the form “subd. 1. a.” and “subd. 1. a. i.,” respectively. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
(2) The singular includes the plural, and the plural includes the singular. The present tense of a verb includes the future when applicable. The future perfect tense includes past and future tenses.
