This webpage is a pilot project to enhance the Land & Water Resources Department's Erosion Control and Stormwater Management permitting program by providing better access to the regulatory framework that guides our work and the community we serve.
This interactive ordinance viewer features deep-linking to every section, subsection, and definition, along with powerful search capabilities and responsive design to make navigating complex regulations easier for county staff and the public.
This chapter is recommended by the Dane County Lakes and Watershed Commission and adopted by the Dane County Board of Supervisors under the authority of sec. 33.455 of the Wisconsin Statutes.
The Dane County Board of Supervisors, acting upon the recommendation of the Dane County Lakes and Watershed Commission, finds that construction site erosion and uncontrolled stormwater runoff from land disturbing activity and land development activities have significant adverse impacts upon regional water resources and the health, safety, property and general welfare of the community, and diminish the public enjoyment and use of natural resources. Specifically, soil erosion and stormwater runoff can:
Carry sediment, nutrients, pathogens, organic matter, heavy metals, toxins and other pollutants to regional lakes, streams and wetlands;
Diminish the capacity of water resources to support recreational and water supply uses and a natural diversity of plant and animal life;
Clog existing drainage systems, increasing maintenance problems and costs; diminish stream base flows and lower water levels in regional lakes, ponds and wetlands;
Contaminate drinking water supplies;
Increase risk of property damage and personal injury; and
Cause damage to agricultural fields and crops.
The Dane County Board of Supervisors finds that effective sediment and stormwater management depends on proper planning, design, and timely installation of conservation and management practices and their continuing maintenance.
Cause bank and channel erosion;
Increase downstream flooding;
Reduce groundwater recharge, which may
The purpose of this chapter is to set forth the minimum requirements for construction site erosion control and stormwater management that will diminish threats to public health, safety, public and private property and natural resources of Dane County.
This chapter is intended to regulate construction site erosion and stormwater runoff, to accomplish the following objectives:
Promote regional stormwater management by watershed;
Minimize sedimentation, water pollution from nutrients, heavy metals, chemical and petroleum products and other contaminants, flooding and thermal impacts to the water resources of Dane County;
Promote infiltration and groundwater recharge;
Protect functional values of natural water courses and wetlands;
Provide a single, consistent set of performance standards that apply to all developments in both the unincorporated and incorporated areas of Dane County;
Achieve an 80% reduction in sediment load rates to Dane County waters compared to no controls for all new development, a 40% reduction in sediment load rates compared to no controls for all redevelopment and street reconstruction, and a 20% reduction in sediment load rates compared to no controls for existing developments;
Ensure no increase in temperature of stormwater post-development in order to protect cold water communities;
Ensure no increase in the rate of surface water drainage from sites during or after construction; and
Protect public and private property from damage resulting from runoff or erosion.
Affected means that a regulated activity has significantly:
caused negative impacts on water quality or the use or maintenance of land or business; or
endangered health, safety, or general welfare.
Agricultural means related to or used for the production of food and fiber including, but not limited to, general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry productions and wild crop harvesting. Clearing and grubbing of an area or structural development are not agricultural activity.
Average annual rainfall means measured precipitation in Madison, Wisconsin between March 12 and December 2, 1981.
Bank erosion means the removal of soil or rock fragments along the banks or bed of a stream channel resulting from high flow after rain events.
Best management practice means a practice, technique, or measure that is an effective, practical means of preventing or reducing soil erosion or water pollution, or both, from runoff both during and after land development activities. These can include structural, vegetative or operational practices.
Closed watershed means an area that does not have a surface outlet, with water only able to leave through evaporation, infiltration, or mechanical means. For the purposes of this ordinance, the following are considered closed watersheds:
Internally drained watersheds that are at least 20,000 square feet in area and at least 1 foot in depth from invert to lowest surface outlet.
Watersheds with no surface outlet discharges from a 2-year, 24-hour design storm.
Areas that have historically not drained through surface outlets, as determined by the local approval authority.
Cold water community means surface waters capable of supporting a community of cold water fish and other aquatic life, or serving as a spawning area for cold water fish species impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious or concentrated flow path.
Connected impervious means an impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious or concentrated flow path.
Construction site erosion control means preventing or reducing soil erosion and sedimentation from land disturbing activity.
Design storm means a hypothetical rainstorm that occurs with a specified recurrence interval in Dane County. For example, a 10year, 24-hour design storm defines a rainstorm that occurs over 24 hours, with a recurrence interval of 10 years. The amounts associated with these storms are further defined as follows:
1-year, 24-hour design storm = 2.49 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution.
2-year, 24-hour design storm = 2.84 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution.
10-year, 24-hour design storm = 4.09 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution. (d) 100-year, 24-hour design storm = 6.66 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution.
200-year, 24 hour design storm = 7.53 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution. (f) 500-year, 24-hour design storm = 8.94 inches over 24 hours duration using the MSE4 NRCS Rainfall Distribution.
Development means any of the following activities:
Structural development, including construction of a new building or other structure;
Expansion or alteration of an existing structure that results in an increase in the ground surface dimensions of the building or structure;
Land disturbing activity; or
Creation or expansion of impervious surfaces. (NR 102.04(3)(a), Wisconsin Administrative Code).
Direct conduits to groundwater means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
Director means the Director of the Dane County Land and Water Resources Department or his or her designee.
Easement means an interest in land owned by another that creates a nonpossessory right to enter and use the land of another and obligates the owner not to interfere with the uses authorized by the easement.
Easement holder means the holder of a legally enforceable easement that authorizes the activity on the land for which a permit is sought under this chapter, including all required maintenance and access obligations.
Effective infiltration area means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
Erosion (soil erosion) means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Excavation means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.
Existing development means buildings and other structures and impervious area existing prior to August 22, 2001.
Fill means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.
Final stabilization means that all land disturbing activity has been completed and that a uniform perennial vegetative cover with a density of at least 70% has been established.
Financial security instrument means an irrevocable letter of credit, surety bond, performance bond, certified check, or cashier’s check submitted to the local approval authority to assure that requirements of the ordinance are carried out in compliance with approved plans.
Green Infrastructure means practices that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters. Green Infrastructure includes, but is not limited to, the following practices: rainwater harvesting/reuse, rain gardens, bioretention systems, infiltration basins, planters that are connected to roof drainage, vegetated swales, permeable pavement, green roofs, and rain barrels.
Gully erosion means a severe loss of soil caused by or resulting in concentrated flow of sufficient velocity to create a defined flow channel.
Heavily disturbed site means a site where an area of land is subjected to significant compaction due to the removal of vegetative cover or earthmoving activities, including filling.
Hydrologic soil group (HSG) has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
Impervious surface means any land cover that prevents rain or melting snow from soaking into the ground, such as roofs (including overhangs), roads, sidewalks, patios, driveways and parking lots. For purposes of this chapter, all road, driveway or parking surfaces including gravel surfaces, shall be considered impervious, unless specifically designed to encourage infiltration and approved by the local approval authority.
Infiltration refers to any precipitation that does not leave the site as surface runoff. Also known as “stay-on”.
Infiltration system means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices such as swales or road side channels designed for conveyance and pollutant removal only.
Land conservation committee or LCC means the Dane County Land Conservation Committee created under sec. 92.06 of the Wisconsin Statutes.
Land disturbing activity means any land alterations or disturbances that may result in soil erosion, sedimentation, or change in runoff including, but not limited to, removal of ground cover, grading, excavating, and filling of land.
Lightly disturbed site means a site where an area of land is subjected to minor compaction due to the limited removal of vegetative cover or earthmoving activities.
Local approval authority means the director in areas under the direct jurisdiction of Dane County as described in sec. 14.05(2) and (3). In incorporated areas that have adopted a local ordinance under sec. 14.05(3) and are in compliance, the term means the municipal staff, agency or contracted entity charged by the local unit of government with responsibility for enforcing stormwater and erosion control ordinances.
Local land division ordinance means any county, city, village or town ordinance adopted under chapter 236, Wis. Stats., to regulate the division of land.
Local zoning ordinance means any county, city, village or town ordinance adopted under sections 59.69, 59.692, 59.693, 60.61, 60.62, 61.351, 61.354, 62.23, 62.231, or 62.234 of the Wisconsin Statutes to regulate the use of land.
Maximum extent practicable (MEP). A level of implementing best management practices in order to achieve a performance standard specified in this chapter which takes into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. MEP allows flexibility in the way to meet performance standards and may vary based on the performance standard and site conditions.
New development means development that results in the cumulative increase of 20,000 square feet of impervious surface to a site since August 21, 2001. Sites may be a combination of new development and redevelopment.
Non-erosive velocity means a rate of flow of stormwater runoff, usually measured in feet per second, that does not erode soils. Non-erosive velocities vary for individual sites, taking into account topography, soil type, and runoff rates.
Peak flow means the maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from the predetermined storm or flood.
Pervious surface means any land cover that permits rain or melting snow to soak into the ground.
Plan means an erosion control plan required by sec. 14.06 or a stormwater management plan required by sec. 14.07.
Plan review agency means the Dane County Land and Water Resources Department, or its successor, in areas under the direct administrative jurisdiction of Dane County as described in sec. 14.05(2). In incorporated areas of Dane County that have adopted a local ordinance under sec. 14.05(3) and are in compliance, the term means the municipal staff, agency or qualified contracted entity charged by the local unit of government with responsibility for reviewing stormwater and erosion control plans under the local stormwater and erosion control ordinance.
Plat review officer means the county or municipal staff, agency or contracted entity charged by the local unit of government with responsibility for reviewing land divisions, certified survey maps or plats, or any combination thereof, under chapter 236 of the Wisconsin Statutes.
Permittee means a land owner or easement holder who has applied for a permit under this Chapter and is responsible for the requirements of the permit.
Post-development refers to the extent and distribution of land cover types after proposed site development.
Pre-development refers to the extent and distribution of land cover types present before proposed development, assuming that all land uses prior to development are in “good” condition as described in the Natural Resources Conservation Service Technical Release 55, “Urban Hydrology for Small Watersheds” (commonly known as TR-55). Where the cumulative impervious surface created after August 21, 2001 exceeds 20,000 square feet, the pre-development condition shall be that prior to August 21, 2001.
Recharge means the portion of the average annual rainfall that infiltrates the soil and becomes groundwater. Recharge does not include evaporation, transpiration, or runoff from the site.
Redevelopment means development that replaces existing impervious surfaces or results in the cumulative increase of less than 20,000 square feet of impervious surface to a site since August 21, 2001 on sites predominately developed as commercial, industrial, institutional or multifamily. Sites may be a combination of new development and redevelopment.
Runoff curve number (RCN) has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
Sediment means solid earth material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth’s surface at a different site.
Sedimentation means the deposition of eroded soils at a site different from the one where the erosion occurred.
Sheet and rill erosion means a loss of soil caused by sheet flow or shallow concentrated flow, and characterized by an absence of channeling or a relatively uniform loss across the exposed upper layer of the soil or shallow irregular scouring of the soil surface.
Site means the bounded area described in an erosion control plan or stormwater management plan, including areas that are part of a larger common plan of development.
Slope means the net vertical rise over horizontal run, expressed as a percentage, which represents a relatively homogeneous surface incline or decline over the area disturbed.
Soil loss rate means the rate, usually measured in tons per acre per year, at which soil is transported beyond the perimeter of a given control site and which occurs as a result of sheet and rill erosion. This term does not apply to soil movement resulting from concentrated flow such as gully or bank erosion.
Stormwater means the flow of water which results from, and which occurs during and immediately following, a rainfall, snow-or ice-melt event.
Stormwater management means any measures taken to permanently reduce or minimize the negative impacts of stormwater runoff quantity and quality after land development activities.
Stormwater runoff means the waters derived from rains falling or snowmelt or icemelt occurring within a drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits.
Street reconstruction means removal and replacement of the road subgrade, where existing stormwater conveyance systems are modified.
Structure means any human-made object with form, shape and utility, either permanently or temporarily attached to, placed upon, or set into the ground, stream bed or lake bed.
Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with regulations unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
This ordinance applies to all areas of Dane County.
Unincorporated areas. This ordinance shall become effective in all unincorporated areas of Dane County on the date of publication. The director, in consultation with the Dane County Conservationist, shall be responsible for administration and enforcement of this ordinance.
Incorporated areas.
Cities and villages wholly or partially in Dane County may assume administration and regulation of soil erosion and stormwater control programs if they have adopted stormwater and erosion control ordinances that include standards at least as restrictive as those described in secs. 14.04, 14.06 – 14.14 and 14.16 – 14.18. Any such ordinance shall supersede any less restrictive or conflicting provision of a minimum standard, ordinance or local regulation previously adopted by that municipality and shall include effective measures for consistent administration and enforcement. Cities and villages shall have the discretion to adopt by ordinance their own equivalent internal procedures for administration of county standards.
Cities and villages that have enacted local ordinances pursuant to par. (a) or entered into sec. 66.0301, Wis. Stats., intergovernmental cooperative agreements with the county consistent with this ordinance may assume responsibility for administration and regulation of soil erosion and stormwater control programs. When a city or village assumes responsibility for administration and regulation of soil erosion and stormwater control consistent with this ordinance, references in this chapter to the director shall mean the local approval authority as designated by the municipal government.
If a municipality does not enact an ordinance pursuant to par. (a) by the effective date of this ordinance, or if the Dane County Lakes & Watershed Commission, after notice and hearing, determines that a municipality has enacted an ordinance that fails to meet the standards of secs. 14.04, 14.06 – 14.12, 14.14 and 14.16 – 14.18, the director shall enforce the provisions of this ordinance within the limits of the municipality. The director shall continue to administer and enforce the provisions of this ordinance until the municipality adopts and enforces an ordinance at least as restrictive as the county ordinance.
If the Dane County Lakes & Watershed Commission, after notice and hearing, determines that a municipality is not providing effective administration and enforcement of an ordinance adopted under this section, it may make a finding of noncompliance with this ordinance. If a municipality is found to be in noncompliance, the director shall administer and enforce the provisions of this ordinance within the limits of the municipality, to the extent necessary to assure compliance. The director shall continue to administer and enforce the provisions of this ordinance until the Dane County Lakes and Watershed Commission rescinds its finding of noncompliance.
Where the standards of this ordinance differ or conflict with applicable local land division, zoning, shoreland zoning or other applicable local ordinances or state regulations, the more restrictive standards shall apply.
Land disturbing activity in excess of 4,000 square feet;
Land disturbing activity that involves the excavation and/or filling or a combination of excavation and filling, in excess of 400 cubic yards of material;
Land disturbing activity that disturbs more than 100 lineal feet of road ditch, grass waterway or other land area where surface drainage flows in a defined open channel; including the placement, repair or removal of any underground pipe, utility or other facility within the cross-section of the channel;
Any new public or private roads or access drives longer than 125 feet;
Development that requires a plat, as defined in the applicable local land division ordinance(s);
Land disturbing activity that disturbs less than 4,000 square feet of land, including the installation of access drives, that the local approval authority determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream, or wetland area. Examples of activities with a high risk of soil erosion or water pollution may include, but are not limited to, land disturbance on erodible soil or disturbance adjacent to lakes, rivers, streams or wetlands. All such determinations made by the local approval authority shall be in writing, unless waived by applicant.
Any development(s) after August 22, 2001 that result(s) in the cumulative addition of 20,000 square feet of impervious surface to the site.
Any development that requires a plat, as defined in applicable local land division ordinance(s).
Any development that requires a certified survey map, as defined in the applicable local land division ordinance(s); for property intended for commercial or industrial use.
Land disturbing activity in excess of 4,000 square feet on sites developed as commercial, industrial, institutional or multifamily.
Other land development activities including, but not limited to, redevelopment or alteration of existing buildings and other structures, that the local approval authority determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact a lake, stream, or wetland area. All such determinations shall be made in writing unless waived by the applicant.
The following are exempt from all requirements of this ordinance:
Any activity directly related to the planting, growing and harvesting of agricultural crops except the construction of a building or other structure.
Projects specifically exempted from local erosion control ordinances under state or federal statute. It is the responsibility of the landowner or easement holder to demonstrate such exemption with documentation acceptable to the local approval authority.
The following are exempt from the construction site erosion control provisions of sec. 14.06:
One and two-family dwelling units regulated under the Wisconsin Uniform Dwelling Code. Land disturbing activity in excess of one (1) acre, or not associated with the construction of a dwelling, are not exempt from this chapter.
Projects subject to an approved shoreland erosion control permit under chapter 11.
Maintenance of existing cropped fields with a prior approved conservation plan.
Soil conservation, stream and adjacent wetland protection and restoration practices such as terraces, run-off diversions, grassed waterways, cattle and equipment crossings, cattle watering access, water control structures, dikes, ditch plugs, tile breaks and sediment removal catchments, when implemented according to plans and designs approved by the Natural Resources Conservation Service or U.S. Fish & Wildlife Service of the U.S. Department of the Interior, Wisconsin Department of Natural Resources or the Dane County Land and Water Resources Department, provided that any such project involving land disturbing activity equal to or greater than one (1) acre shall also comply with the performance standards in sec. 14.11(3).
The following are exempt from the runoff rate control standards of sec. 14.12(2)(c):
Redevelopment.
Municipal road or county highway projects not exempted under sec. 14.08(1)(b) where all of the following conditions are met:
The following activities are exempt from the infiltration standards described in s. 14.12(2)(e):
Redevelopment
New development with less than 10% connected imperviousness, provided the cumulative area of all impervious surface is less than one acre.
Agricultural facilities and practices.
Areas where the infiltration rate of the soil is less than 0.6 inches/hour measured at the bottom of the proposed infiltration system where the soil layer is not easily removed or manipulated.
Expansion of municipal or county roads.
Purpose and intent. A preliminary review letter provides a potential permit applicant with an initial simple evaluation of whether erosion and stormwater control standards can be met for a proposed site, lot layout, construction design. This review is intended to assist applicants in preparing general site plans and other submittals necessary to obtain an erosion control and stormwater permit. A preliminary review letter does not guarantee that an erosion or stormwater control plan will be approved or that a permit will be issued. Erosion and stormwater control plans and permit applications must meet all applicable standards and criteria for approval.
Application procedure.
The local approval authority may adopt an application procedure and fees for provision of a preliminary review letter.
The local approval authority may charge a fee to compensate for the cost of the preliminary review letter process.
Any person may apply for a preliminary review letter by submitting an application that contains the information required by the local approval authority.
The local approval authority may require a preliminary review letter prior to accepting an application for a zoning permit, petition to rezone or conditional use permit under applicable ordinance(s), or the plat review officer may require a preliminary review letter prior to accepting an application for a certified survey map under applicable local land division ordinance(s) where any of the following apply:
Unless expressly waived by the applicant, decisions by the local approval authority to require a preliminary review letter shall be made in writing and shall detail the reasons why the authority believes there to be a substantial risk of erosion, flooding or hazard.
No activity meeting the criteria described in ss. 14.06 or 14.07 shall occur and no zoning permit may be issued, until an erosion control and stormwater control permit is issued by the local approval authority.
The applicant must provide the following when requesting a permit:
Completed application form signed by the landowner or easement holder. If the applicant is not the landowner or easement holder, a notarized statement authorizing the applicant to act as agent on behalf of the landowner or easement holder must be provided. By signing the statement, the permittee shall be bound by all requirements of this ordinance and the terms of any permit issued to the applicant. If the applicant is an easement holder or an agent of an easement holder the landowner must be given notice and a copy of the permit application and all supporting documentation. Proof of such notice must be provided with the application. The local approval authority shall provide the landowner with copies of all permits and notifications issued regarding permit applications;
If required by sec. 14.07, a stormwater management plan meeting all of the standards of sec. 14.12 and a draft maintenance agreement as described in sec. 14.12(1)(i);
Copies of permits or permit applications or approvals required by any other governmental entity;
A proposed timetable and schedule for completion and installation of all elements of approved erosion control and stormwater management plans and a detailed schedule for completion of construction.
An estimate of the cost of completion and installation of all elements of the approved erosion control and stormwater management plans.
Evidence of financial responsibility to complete the work proposed in the plan. The local approval authority may require a financial security instrument sufficient to guarantee completion of the project.
Approval process.
The local approval authority shall verify that the permit application is complete under sec. 14.10(2). The local approval authority shall then forward plan(s) to the plan review agency for review and approval. Plan review staff shall review the plan(s) for compliance with the standards identified in secs. 14.11-14.12. Additional information may be requested at any time to help determine ordinance compliance.
Within the timeframe set by the local approval authority, plan review staff shall either approve the submitted plan or notify the local approval authority of any deficiencies. Staff engaged in this review and approval process shall be certified where appropriate by the Wisconsin Department of Commerce for this purpose.
The local approval authority shall notify the applicant in writing of any deficiency in the proposed plan and the applicant shall be given an opportunity to correct any deficiency.
Where stormwater practices will be implemented, an affidavit which describes the property by legal description, notifying future prospective purchasers of the existence of a stormwater permit issued under this ordinance and applicable plan, timetables and potential liability imposed by sec. 14.18(3) for failure to bring the property into compliance with this ordinance after notification, shall be recorded with the Dane County Register of Deeds prior to issuance of an erosion and stormwater control permit. The foregoing information shall also be noted on every plat and certified survey map.
Upon approval of the plan review agency, the erosion control or stormwater management permit shall be issued by the local approval authority after the applicant has met all other requirements of this ordinance.
Permit conditions.
The plan shall be implemented prior to the start of any land disturbing activity and shall be maintained over the duration of the project. Stormwater components of the plan shall be maintained in perpetuity.
The permittee is responsible for successful completion of the erosion control plan and the stormwater management plan. The permittee shall be liable for all costs incurred, including environmental restoration costs, resulting from noncompliance with an approved plan.
Application for a permit shall constitute express permission by the permittee for the local approval authority to enter the property for purposes of inspection under sec. 14.10(5) or curative action under sec. 14.18(3). If the permittee is an easement holder such entry must be consistent with the terms of the easement. The application form shall contain a prominent provision advising the applicant and landowner of this requirement.
All incidental mud-tracking off-site onto adjacent public thoroughfares shall be cleaned up and removed by the end of each working day using proper disposal methods.
A copy of the approved permit and erosion control plan shall be kept on the project site, in a place readily accessible to contractors, engineers, local approval authority inspection staff and other authorized personnel.
Inspections.
Application for a permit under this ordinance shall constitute permission by the permittee for the local approval authority to enter upon the property and inspect during the construction phase prior to the inspections pursuant to paragraphs (d) and (f), as necessary to confirm compliance with the requirements of this ordinance.
As part of the plan approval process, the local approval authority shall determine the minimum inspection frequency required to assure compliance. The minimum frequency shall not be greater than every 30 days. The site shall be inspected by the local approval authority during the construction phase at the frequency specified.
The permittee shall notify the local approval authority within 10 days after installation of all practices in an approved erosion control plan and achievement of soil stabilization. The permittee shall inspect the site weekly, and prior to every forecasted rain fall of ½ inch or greater.
The local approval authority shall inspect the property to verify compliance with the erosion control plan within 10 days of notification of soil stabilization.
Within 10 days after installation of all practices in an approved stormwater management plan, the permittee shall notify the local approval authority and submit as-built certification to ensure that constructed stormwater management practices and conveyance systems comply with the specifications included in the approved plan. The as-built certification shall include a set of drawings, stamped by a professional engineer, comparing the approved stormwater management plan with what was constructed. Other information shall be submitted as required by the local approval authority.
The local approval authority shall inspect the property to verify compliance within 30 days of notification.
Maintenance is the responsibility of the permittee, and facilities are subject to inspection and orders for repairs.
Permit transfers.
When a permittee acts to transfer an interest in property subject to an approved plan prior to completion of the proposed steps to attain soil stabilization, the permittee must secure approval from the local approval authority.
When a permittee transfers ownership, possession or control of real estate subject to either or both an uncompleted erosion control stormwater management plan, the successor in interest to the permittee shall be responsible to control soil erosion and runoff and shall comply with the minimum standards provided in this ordinance.
When ownership, possession or control of property subject to an uncompleted erosion control or stormwater management plan, or both, is transferred, the permittee shall notify the new owner (buyer) as to the current status of compliance with notice to the authority, and provide a copy of the erosion control plan or stormwater management plan, or both.
Transfers of interest in real estate subject to an approved, uncompleted plan may be conducted consistent with this ordinance under any of the following arrangements:
Plan or permit amendments. Any proposed modifications to approved plans, construction schedules or alterations to accepted sequencing of land disturbing activity shall be approved by the director prior to implementation.
Timeframe and Expiration:
Erosion control plan timetables and construction schedules must begin within one year from date of application.
All permit applications shall expire:
Plan materials. Erosion control plans shall include, at a minimum, the following information:
property lines, lot dimensions, and limits of disturbed area, including disturbed areas within five (5) feet of the property line;
limits of impervious area, including buildings. Include all public and private roads, interior roads, driveways, parking lots, and indicate type of paving and surfacing material;
All natural and artificial water features including, but not limited to, lakes, ponds, streams (including intermittent streams), and ditches. The plan must show ordinary high-water marks of all navigable waters, 100-year flood elevations and delineated wetland boundaries. A certified flood zone determination and/or wetland delineation may be required at the applicant’s expense;
areas of natural woodland or prairie;
cross sections of and profiles of channels, swales, and road ditches;
culvert sizes;
direction of flow of runoff;
watershed size for each drainage area;
design discharge for ditches and structural measures;
runoff velocities;
fertilizer and seeding rates and recommendations;
time schedules for stabilization of ditches and slopes;
description of methods by which sites are to be developed and a detailed land disturbance schedule including time schedules for stabilization of ditches and slopes;
provision for sequential steps mitigating erosive effect of land disturbing activity to be followed in appropriate order and in a manner consistent with accepted erosion control methodology suitable to proposed sites and amenable to prompt re-vegetation, including runoff calculations as appropriate;
provisions to prevent mud-tracking off-site onto public thoroughfares during the construction period;
provisions to disconnect impervious surfaces, where feasible;
provisions to prevent sediment delivery to, and accumulation in, any proposed or existing stormwater conveyance systems;
copies of permits or permit applications required by any other unit of government or agency;
existing and proposed elevations (referenced to the North American Vertical Datum of 1988, where available) and existing and proposed contours in the area, where deemed necessary;
any other information necessary to reasonably determine the location, nature and condition of any physical or environmental features of the site.
Simplified plan materials. Sites meeting the conditions described in sec. 14.10(2)(d)1. may instead provide, at a minimum, the following information:
Narrative describing the project;
Site plan of known scale that includes property lines, disturbed area limits, impervious area limits (existing and proposed), natural and artificial water features, 100-yr flood plain, delineated wetland boundaries, and location of all proposed erosion control practices;
Contours (existing and proposed);
Watershed size for each drainage area, including areas draining to the site;
Provisions to prevent tracking sediment onto public roads;
Provisions to prevent sediment delivery to, and accumulation in, any proposed or existing stormwater conveyance systems;
Proposed erosion control practices;
Construction schedule that includes dates of erosion control practice installation, start of land disturbance and site stabilization;
Culvert sizes (existing and proposed);
Any other information necessary to reasonable determine the location, nature and conditions of any physical or environmental features of the site.
Erosion control performance standards. Proposed design, suggested location and phased implementation of effective, practicable erosion control measures for plans shall be designed, engineered and implemented to achieve the following results:
Prevent gully and bank erosion;
Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed 5.0 tons sediment yield per acre annually, as determined using the U.S. Natural Resources Conservation Service Technical Guide or another commonly accepted soil erosion methodology approved by The Dane County Land and Water Resources Department, that considers season of year, site characteristics, soil erodibility and slope. Erosion control measures for plan approval need not attempt to regulate soil transportation within the boundaries of the applicant’s site.
Provide stable outlet capable of carrying designed discharge flow as required in s. 14.12(2)(c), at a non-erosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or waterbody.
Prevent or reduce all of the following:
Implementation. The BMPs used to comply with this section shall be implemented as follows:
Erosion and sediment control practices shall be constructed or installed before land disturbing activity begins.
Erosion and sediment control practices shall be maintained until final stabilization.
Final stabilization activity shall commence when land disturbing activity ceases and final grade has been reached on any portion of the site.
Temporary stabilization activity shall commence when land disturbing activity has temporarily ceased and will not resume for a period exceeding 14 calendar days.
BMPs that are no longer necessary for erosion and sediment control shall be removed.
Grading within five (5) feet of property line. Except as authorized in this section, the topography within five (5) feet of any property line at the commencement of any development shall remain unchanged.
When land disturbing activity associated with development occur within five (5) feet of any property line, finished grades in that area shall be restored to the topography in existence before the land disturbing activity began. A positive slope of one-half (1/2) inch vertical per one (1) foot horizontal within five (5) feet of the property line is allowed to provide proper drainage away from a one or two family residence.
The established grade of the adjoining property shall determine the finished grade at the property line for any development. The owner of the property under development bears the burden of proof as to the established grade at the property line and the topography within five
feet of the property line.
Existing drainage ways and drainage easements along property lines shall be maintained including, but not limited to, natural watercourses and stormwater management areas shown on plats and certified survey maps.
Development in Floodplain Districts requiring fill to comply with chapter 17 is exempt from this subsection.
The director may authorize grading resulting in changes to the existing topography at and within five (5) feet of any property line, if the following are provided:
Plan materials. Stormwater management plans shall satisfy all of the requirements in 14.12(2), and shall address at a minimum the following information:
A narrative describing the proposed project, including implementation schedule for planned practices;
Identification of the entity responsible for long-term maintenance of the project;
A map showing drainage areas for each watershed area;
A summary of runoff peak flow rate calculations, by watershed area, including:
A complete site plan and specifications, signed by the person who designed the plan. All plans shall be drawn to an easily legible scale, shall be clearly labeled, and shall include, at a minimum, all of the following information:
Engineered designs for all structural management practices;
A description of methods to control oil and grease or written justification for not providing such control;
If required under sec. 14.12(2)(f), a description and plans to control temperature of runoff;
A maintenance plan and schedule for all permanent stormwater management practices as recorded on the affidavit required in sec. 14.10(3)(d).
A summary of infiltration calculations including:
Flood elevation for the 200-yr design storm and proposed minimum opening elevation.
Stormwater management performance standards. Proposed design, suggested location and phased implementation of effective, practicable stormwater management measures for plans shall be designed, engineered and implemented to achieve the following results:
Sediment control.
Oil and grease control. For all commercial or industrial development, and all other uses where the potential for pollution by oil or grease, or both, exists, the first 0.5 inches of runoff must be treated using the best oil and grease removal technology available. This requirement may be waived by the plan reviewer only when the applicant can demonstrate that installation of such practices is unnecessary.
Runoff rate control.
Outlets. Provide stable outlet capable of carrying designed discharge flow as required in sec. 14.51(2)(c), at a non-erosive velocity. Outlet design must consider flow capacity and flow duration. This requirement applies to both the site outlet and the ultimate outlet to stormwater conveyance or waterbody. Runoff Hydrologic Soil Group* Curve Number A B C D Woodland 30 55 70 77 Grassland 39 61 71 78 Cropland 51 68 78 83 *When dual HSG are specified, the drained condition shall be assumed.
Infiltration.
Thermal control. a. A Cold Water Community as identified through secs.NR 102.04(3)(a), NR 104, Wisconsin Administrative Code, and Class I, Class II, and Class III Trout Streams identified in “Wisconsin Trout Streams,” DNR publication PUB-FH-806-2002 or its successor. b. Rivers or streams proposed by the Wisconsin Department of Natural Resources as Cold Water Communities and Class I, II, and III Trout Streams.
Closed Watersheds. Pre-development modeling must include closed watershed areas. Sites within closed watersheds must be designed to achieve 90% stay-on, without exemption. Sites with areas subject to inundation (ground elevations below the watershed outlet elevation) must include:
Stormwater management goals. The following standards shall be met whenever possible, and proposed design, suggested location and implementation of practices to meet these goals shall be included in plans:
For existing development, design practices to retain soil particles greater than 40 microns on the site (20% reduction) resulting from a one-year, 24-hour design storm, according to approved procedures, and assuming no sediment resuspension.
For street reconstruction, design practices to retain soil particles greater than 20 microns on the site (40% reduction) resulting from a one-year, 24-hour design storm, according to approved procedures, and assuming no sediment resuspension.
Table 1. Maximum Pre-development Runoff Curve Numbers
Table 2. Separation Distances and Soil Characteristics
The local authority may establish off-site stormwater management and associated fees, provided that provisions are made to manage stormwater by an off-site facility, and provided that all of the following conditions for the off-site facility are met:
The facility is in place;
The facility is designed and adequately sized to provide a level of stormwater control that at least meets the ordinance standards.
The local approval authority is satisfied that the facility has a legally obligated entity responsible for its long-term operation and maintenance.
A municipality adopting and administering an ordinance pursuant to sec. 14.05(3) that establishes off-site stormwater management shall adopt the standards for off-site stormwater management set forth in this ordinance.
Natural Resources Conservation Service’s “Wisconsin Field Office Technical Guide, Chapter 4” or its successor;
Applicable construction or erosion control standards by the Wisconsin Department of Natural Resources;
Any other technical methodology approved by the Dane County Land and Water Resources Department.
The local approval authority may establish a fee schedule for erosion control and stormwater management permits.
For areas under Dane County jurisdiction according to sec. 14.05(2) and sec. 14.05 (3)(c) and (d), the erosion control and stormwater management permit fee shall be a $100 base fee for projects eligible to submit simplified plan materials under sec. 14.10(2)(d). The base fee for other projects subject to the erosion control requirements of sec. 14.06 shall be $250, and the base fee for projects subject to the stormwater management requirements of sec. 14.07 shall be $500.
Permit Revisions. The fee for significant permit revisions shall be the base fee.
Late filing fee. When an applicant begins work requiring a permit before obtaining the permit or appropriate approvals, the fee shall be doubled.
Expired permit fee. When an applicant fails to stabilize the site according to the approved permit conditions, an after-the-fact permit is required, and applicable fees shall be doubled.
The fee for preliminary review letters shall be $50.
If a preliminary approval letter has been obtained, the erosion control and stormwater management base fee shall be reduced by $50.
For sites required to obtain an erosion control permit under sec. 14.06, there shall be an additional fee of $.007 per square foot of disturbed area.
For sites required to obtain a stormwater control permit under sec. 14.07, there shall be an additional fee of $.016 per square foot of new or redeveloped impervious area.
Municipal street and road maintenance projects are exempt from fees required in this section.
County jurisdiction.
Any person aggrieved by any decision of the director pursuant to this ordinance may appeal to the Dane County Land Conservation Committee (hereinafter “committee”). Such appeal shall be taken within 30 days after the challenged decision. Notice of Appeal setting forth the specific grounds for the appeal shall be filed with the director and the committee. The director shall forthwith transmit to the committee the record upon which the action appealed from was taken.
The committee shall fix a reasonable time for the hearing of the appeal and publish a class 2 notice thereof under ch. 985, Wis. Stats., as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.
The committee may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and shall have all the powers of the officer from whom the appeal is taken.
The concurring vote of a majority of the committee shall be necessary to reverse the decision of the director.
Municipal jurisdiction. A municipality adopting and administering an ordinance pursuant to sec. 14.05(3), shall be governed by the appeals process described in sec. 62.23(7)(e), Wis. Stats.
An applicant may include in the application a request for a variance from the requirements of sec. 14.11 or 14.12. No variance shall be granted unless applicant demonstrates and the director finds that all of the following conditions are present:
Enforcement of the standards set forth in this ordinance will result in unnecessary hardship to the permittee;
The hardship is due to exceptional physical conditions unique to the property; and
Granting the variance will not adversely affect the public health, safety or welfare, nor be contrary to the spirit, purpose and intent of this ordinance.
If all of the conditions set forth in sec. 14.17(1) are met, a variance may only be granted to the minimum extent necessary to afford relief from unnecessary hardship, with primary consideration to water quality and impact to downstream conditions.
A person aggrieved by a variance determination by the director may appeal that decision to the committee pursuant to sec. 14.16.
A person aggrieved by a decision of the committee regarding a variance may appeal that decision to the board of adjustment pursuant to sec. 10.26.
Stop work order.
Whenever the local approval authority finds any noncompliance with the provisions of this ordinance, the local approval authority shall attempt to communicate with the permittee or person performing the work to obtain immediate and voluntary compliance if such person is readily available. If the permittee or person performing the work is not readily available, that person refuses to voluntarily comply immediately or the noncompliance presents an immediate danger or will cause or threatens to cause bodily injury or damage to off-site property including, but not limited to, off-site runoff, the local approval authority shall post in a conspicuous place on the premises, a stop work order which shall cause all activity not necessary to correct the noncompliance to cease until noncompliance is corrected.
The stop work order shall provide the following information:
Unauthorized removal of a stop work order from the premises shall be a violation of this ordinance.
In addition to posting a stop work order, the local approval authority shall provide notification to the permittee, owner if not the permittee, and contractor by personal service, written notice by certified mail, electronic mail, or facsimile transmission.
The permittee and contractor shall have 24 hours from time of notification by the local approval authority to correct any noncompliance with the plan when notification is by either personal communication of noncompliance to the owner or contractor or their respective agents, or written notice sent by certified mail to owner or contractor.
If notice is not provided under sec. 14.18(2)(a), the permittee shall have 72 hours to correct any noncompliance with the plan when notification is by posting notice in a conspicuous place on the site or sending notice by facsimile transmission to the owner or contractor.
If the noncompliance is not corrected within the time periods specified in sub. (2)(a) or (b), the permittee authorizes the local approval authority to take any action, to perform any work, or commence any operations necessary to correct noncompliance on the subject property where notice of noncompliance has been issued to bring the property into conformance with plan requirements. The permittee further consent to reimburse the authority for the total costs and expenses of the corrective actions. Reimbursement may be collected as a special charge upon the permittee’s interest in the property for current services rendered as provided by law.
If the permittee has filed an appeal under sec. 14.16(1)(a) prior to the expiration of the time for compliance under sec. 14.18(2)(a) or (b), the local approval authority may take action, perform work or correct conditions only to the extent necessary to protect against an imminent hazard or condition that will cause or threatens to cause personal injury or damage to off-site property.
Any person, firm, company or corporation who violates or refuses to comply with the provisions of this ordinance shall be subject to a forfeiture of not less than $200 nor more than $1,000 and the costs of prosecution. Each day that a violation exists shall constitute a separate offense.
Any person who has the ability to pay any forfeiture entered against him or her under this ordinance, but refuses to do so, may be confined in the county jail until such forfeiture is paid, but in no event to exceed thirty days. In determining whether an individual has the ability to pay a forfeiture, all items of income and all assets may be considered regardless of whether or not such income or assets are subject to garnishment, lien, or attachment by creditors.
The corporation counsel is authorized to seek enforcement of any part of this ordinance by court action seeking injunctive relief. It shall not be necessary for the county to seek other remedies before seeking injunctive relief.
In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of Dane County, and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes.
If any section, provision or portion of this ordinance is ruled invalid by a court, the remainder of the ordinance shall not for that reason be rendered ineffective.