Chapter SPS 320

SPS 320.21(4) (4) Appeals of soil erosion control orders by a municipality for cessation of work.

SPS 320.21(4)(a) (a) Appeals of orders for cessation of work issued under s. SPS 320.10 (4) may be made to the authority issuing the cessation of work order. The authority shall make a determination on such appeal within 3 business days. Determination of appeals by a municipality may be conducted in consultation with the department.

SPS 320.21(4)(b) (b) Appeals of a final determination by a municipality on cessation of work orders may be made to the department. The department shall issue a final determination on the appeal within 3 business days after receipt of such appeal.

SPS 320.21(4)(c) (c) If the issuing authority determines the site to be compliant with s. SPS 321.125, orders shall be rescinded and work may commence.

SPS 320.21 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a) and (2), Register, February, 1985, No. 350, eff. 3-1-85; cr. (4), Register, September, 1992, No. 441, eff. 12-1-92; CR 08-043: am. (1) (intro.) Register March 2009 No. 639, eff. 4-1-09; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2009 No. 639; correction in (3), (4) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 320.22 SPS 320.22 Penalties and violations.

SPS 320.22(1) (1) Violations. No person shall construct or alter any dwelling in violation of any of the provisions of this code.

SPS 320.22(1)(a) (a) Injunction. When violations occur, the department may bring legal action to enjoin any violations.

SPS 320.22(1)(b) (b) Ordinances. This code shall not affect the enforcement of any ordinance or regulation, the violation of which occurred prior to the effective date of this code.

SPS 320.22(2) (2) Penalties.

SPS 320.22(2)(a) (a) Pursuant to ss. 101.66 and 101.77, Stats., whoever violates this code shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day that the violation continues, after notice, shall constitute a separate offense.

SPS 320.22(2)(b) (b) Any person violating any rule of this code applying to manufactured homes is subject to the penalties prescribed in s. 101.94 (8), Stats.

SPS 320.22(3) (3) Municipal enforcement. Any municipality which administers and enforces this code may provide, by ordinance, remedies and penalties for violation of that jurisdiction exercised under s. 101.65, Stats. These remedies and penalties shall be in addition to those which the state may impose under subs. (1) and (2).

SPS 320.22 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (3), Register, March, 1992, No. 435, eff. 4-1-92; CR 06-071: renum. (2) to be (2) (a), cr. (2) (b) Register December 2006 No. 612, eff. 4-1-07.

subch. IX of ch. SPS 320 Subchapter IX — Adoption of Standards

SPS 320.24 SPS 320.24 Adoption of standards.

SPS 320.24(1) (1) Consent. Pursuant to s. 227.21 (2), Stats., the attorney general has consented to the incorporation by reference of the standards listed in Tables 320.24-1 to 320.24-13.

SPS 320.24(2) (2) Adoption of standards. The standards referenced in Tables 320.24-1 to 320.24-13 are incorporated by reference into this chapter.

SPS 320.24 Note Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased, or are available for free, through the respective organizations or other information listed in Tables 320.24-1 to 320.24-13.

SPS 320.24(3) (3) Alternate standards.

SPS 320.24(3)(a) (a) Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards when approved by the department or if written approval is issued by the department in accordance with par. (b).

SPS 320.24(3)(b) (b)

SPS 320.24(3)(b)1. 1.

SPS 320.24(3)(b)1.a. a. Upon receipt of a fee and a written request, the department may issue an approval for the use of the alternate standard.

SPS 320.24(3)(b)1.b. b. The department shall review and make a determination on an application for approval within 40 business days of receipt of all forms, fees, and documents required to complete the review.

SPS 320.24(3)(b)2. 2. Determination of approval shall be based on an analysis of the alternate standard and the incorporated standard, prepared by a qualified independent third party or the organization that published the incorporated standard.

SPS 320.24(3)(b)3. 3. The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this code.

SPS 320.24(3)(b)4. 4. If the department determines that the alternate standard is not equivalent to or more stringent than the standards incorporated by reference, the request for approval shall be denied in writing.

SPS 320.24(3)(b)5. 5. The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based. The department may re-examine an approved alternate standard and issue a revised approval at any time.

SPS 320.24(3)(b)6. 6. Fees for review of standards under this paragraph shall be submitted in accordance with ch. SPS 302.

Table 320.24-1

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Table 320.24-3

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Table 320.24-4

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Table 320.24-5

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Table 320.24-6

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Table 320.24-6m

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Table 320.24-7

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Table 320.24-9

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Table 320.24-10

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Table 320.24-11

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Table 320.24-12

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Table 320.24-13

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SPS 320.24 History History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (intro.) and (2), cr. (2m) and (2n), r. and recr. (4), Register, February, 1985, No. 350, eff. 3-1-85; renum. (2m) to be (2k) and am., cr. (2m), Register, July, 1986, No. 367, eff. 1-1-87; am. (intro.), (1), (2k) and (4), r. (2n), cr. (2p), (2s) and (3m), Register, January, 1989, No. 397, eff. 2-1-89; am. (intro.), (1), (2), (2k), (2m), (2p), (2s), (3m), (4), (5), cr. (6), Register, March, 1992, No. 435, eff. 4-1-92; r. and recr., Register, November, 1995, No. 479, eff. 12-1-95; r. and recr., Register, January, 1999, No. 517, eff. 2-1-99; renum. (1) to (14) to be (4) to (17), r. and recr. (intro.) and cr. (2) and (3), Register, September, 2000, No. 537, eff. 10-1-00; renum. (1) to be (1) (a), (1) (b) to be (4) (b), (7) (f) to (i) to be (g) to (j), and (j) to (p) to be (L) to (r), cr. (1) (b), (7) (f), and (k), and am. (4) and (12), Register, March, 2001, No. 543, eff. 4-1-01; CR 02-077: am. (1) and (2), r. (4) to (17), cr. Tables 20.24-1 to 12 Register May 2003 No. 569, eff. 8-1-03; CR 08-043: am. Tables 1 to 3 and 6, r. Tables 4 and 10, renum. Tables 5, 7 to 9, 11 and 12 to be Tables 4, 9 to 11, 12 and 13 and am. 9, 10, 12 and 13, cr. Tables 5, 7 and 8 Register March 2009 No. 639, eff. 4-1-09; EmR0826: emerg. am. (1) and (2), cr. Table 14, eff. 10-1-08; CR 08-085: am. (1) and (2), cr. Table 14 Register May 2009 No. 641, eff. 6-1-09; CR 10-089: r. Table 20.24-14 Register January 2011 No. 661, eff. 2-1-11; CR 11-002: am. Table 20.24-10 Register August 2011 No. 668, eff. 9-1-11; correction in (1), (2), (3) (b) 6. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register August 2014 No. 704; CR 15-041: am. (1), (2), Table 1, renum. Table 2 to 6m and am., am. Table 3 to 7, r. Table 8, am. Table 10 to 13 Register December 2015 No. 720, eff. 1-1-16.