State Codes and Statutes
Statutes > Wisconsin > 281 > 281.33281.33
281.33 Construction site erosion control and storm water management.281.33(1)
(1) Objectives. To aid in the fulfillment of the state's role as trustee of its navigable waters, to promote public health, safety and general welfare and to protect natural resources, it is declared to be in the public interest to make studies, establish policies, make plans, authorize municipal construction site erosion control and storm water management zoning ordinances for the efficient use, conservation, development and protection of this state's groundwater, surface water, soil and related resources and establish a state storm water management plan for the efficient use, conservation, development and protection of this state's groundwater, surface water, soil and related resources while at the same time encouraging sound economic growth in this state. The purposes of the municipal ordinances and state plan shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; prevent and control the adverse effects of storm water; 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.281.33(2)
(2) State storm water management plan. The department, in consultation with the department of commerce, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.281.33(3)
(3) Standards related to storm water and certain construction activities.281.33(3)(a)
(a)281.33(3)(a)1.
1. Except as restricted under subd. 2., the department shall establish by rule minimum standards for activities related to construction site erosion control at sites where the construction activities do not include the construction of a building and to storm water management.281.33(3)(a)2.
2. The department, in cooperation with the department of transportation, shall establish by rule minimum standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction.281.33(3)(a)3.
3. Minimum standards for storm water management established under this paragraph are applicable to the state plan under sub. (2). The department shall encourage a city, village, town or county to comply with minimum standards established under this paragraph for any construction site erosion control and storm water management zoning ordinance enacted under s. 59.693, 60.627, 61.354 or 62.234.281.33(3)(a)4.
4. The department shall identify low-cost practices which would enable a person to comply with these minimum standards.281.33(3)(b)
(b) The minimum standards for construction site erosion control at sites where the construction activities do not include the construction of a building shall provide for the regulation of any construction activity, at such a site, that:281.33(3)(b)1.
1. Involves the grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity which affects an area of 4,000 square feet or more.281.33(3)(b)2.
2. Involves the excavation or filling or a combination of excavation and filling which affects 400 cubic yards or more of dirt, sand or other excavation or fill material.281.33(3)(b)3.
3. Involves street, highway, road or bridge construction, enlargement, relocation or reconstruction.281.33(3)(b)4.
4. Involves the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.281.33(3)(b)5.
5. Requires a subdivision plat approval or a certified survey.281.33(3)(c)
(c) The minimum standards for storm water management shall provide for the regulation of any construction activity which:281.33(3)(c)1.
1. Is a residential development with a gross aggregate area of 5 acres or more.281.33(3)(c)2.
2. Is a residential development with a gross aggregate area of 3 acres or more with at least 1.5 acres of impervious surfaces.281.33(3)(c)3.
3. Is a development other than a residential development with a gross aggregate area of 3 acres or more.281.33(3)(c)4.
4. Is likely to result in storm water runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which increases water pollution by scouring or the transportation of particulate matter or which endangers downstream property.281.33(3m)
(3m) Erosion control related to construction of public buildings and buildings that are places of employment.281.33(3m)(a)
(a) The department shall establish statewide standards for erosion control at building sites for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.02 (11).281.33(3m)(b)
(b) The department shall require the submission of plans for erosion control at construction sites described in par. (a) to the department or to a county, city, village, or town to which the department has delegated authority under par. (d) and shall require approval of those plans by the department or the county, city, village, or town.281.33(3m)(c)
(c) The department shall require inspection of erosion control activities and structures at construction sites described in par. (a) by the department or a county, city, village, or town to which the department has delegated authority under par. (d).281.33(3m)(d)
(d) The department may delegate authority under this section to a county, city, village or town.281.33(3m)(e)
(e) Except as provided in par. (f), the authority of a county, city, village, or town with respect to erosion control at sites described in par. (a) is limited to that authority delegated under par. (d) and any other authority provided in rules promulgated under this subsection.281.33(3m)(f)
(f) Notwithstanding pars. (a) and (e), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under par. (a).281.33(3m)(g)
(g) The department, or a county, city, village, or town to which the department delegates the authority to act under this paragraph, may issue a special order directing the immediate cessation of work on a construction site described in par. (a) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this subsection.281.33(3m)(h)
(h) The department shall promulgate rules for the administration of this section.281.33(4)
(4) Model ordinances; state plan; distribution. The department shall prepare a model zoning ordinance for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management in the form of an administrative rule. The model ordinance is subject to s. 227.19 and other provisions of ch. 227 in the same manner as other administrative rules. Following the promulgation of the model ordinance as a rule, the department shall distribute a copy of the model ordinance to any city, village, town or county that submits a request. The department shall distribute a copy of the state plan to any agency which submits a request.281.33(5)
(5) Cooperation. The department, the municipalities and all state agencies shall cooperate to accomplish the objective of this section. To that end, the department shall consult with the governing bodies of municipalities to secure voluntary uniformity of regulations, so far as practicable, shall prepare model ordinances under sub. (4), shall extend assistance to municipalities under this section, shall prepare the plan under sub. (2), shall encourage uniformity through the implementation of this plan and the utilization of memoranda of understanding which are substantially similar to the plan and shall extend assistance to agencies under this section.281.33 - ANNOT.
History: 1983 a. 416; Stats. 1983 s. 144.265; 1983 a. 538 s. 150; Stats. 1983 s. 144.266; 1985 a. 182 s. 57; 1987 a. 27; 1989 a. 31; 1993 a. 16, 246; 1995 a. 27 ss. 4303cm, 9116 (5); 1995 a. 201; 1995 a. 227 s. 434; Stats. 1995 s. 281.33; 2009 a. 28 ss. 2075d to 2075j, 2576n, 2576p.281.33 - ANNOT.
Cross Reference: See also chs. NR 152 and 216, Wis. adm. code.