Section 2. NR 152.01 is amended to read:
NR 152.01 Purpose. (1) This chapter includes 2 model ordinances that the department is required to prepare under s. 281.33 (4), Stats. One is a model ordinance for construction site erosion and sediment control at sites where construction activities do not include the construction of a building. The other is a model ordinance for post-construction storm water management. The purpose of making these model ordinances available to local units of government is to secure so far as practicable the voluntary uniformity of local regulations regarding construction site erosion and sediment control and storm water management, to further the purpose of s. 281.33 (1), Stats., and to promote consistency with state non-agricultural performance standards authorized under s. 281.16 (2) (a), Stats. Ch. NR 152 Appendix A, contains the state model construction site erosion and sediment control zoning ordinance and ch. NR 152 Appendix B, contains the state model post-construction storm water management zoning ordinance. (2) The department shall distribute a copy of the model construction site erosion and sediment control zoning ordinance or a copy of the model post-construction storm water management zoning ordinance, or both to any city, village, county or town that submits a request for the document, as required by s. 281.33 (4), Stats. Note: Adoption by a city, county, village or town of either model ordinance in its entirety is voluntary. However, there are other administrative rules, such as chs. NR 120, 153 and 216, which require consistency of local regulations with the performance standards of ch. NR 151. These performance standards are incorporated in the model ordinances. Requests for printed or electronic copies of the model ordinances may be submitted to the Wisconsin Department of Natural Resources, Runoff Management Section, Box 7921, Madison, WI 53707-7921. Section 3. NR 152 Appendix A is repealed and recreated to read:
APPENDIX A: MODEL CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ORDINANCE
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
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)
(2)
Erosion and Sediment Control PracticesS. 08* Performance Standards for Construction Sites of One Acre or More
(2)
Erosion and Sediment Control Plan (3)
Erosion and Other Pollutant Control RequirementsS. 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
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]
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 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].
