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. 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)
(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 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).
