Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 152 - Model Ordinances For Construction Site Erosion And Sediment Control And Post-Construction Storm Water Management › Appendix A - MODEL CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ORDINANCE

Current through June 24, 2024
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.
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).
(b) This ordinance does not apply to any of the
				  following:
1. Transportation facilities, except transportation facility
				  construction projects that are part of a larger common plan of development such
				  as local roads within a residential or industrial development.
Note to Users:
Transportation facility
				  projects directed and supervised by the Wisconsin Department of Transportation
				  are not subject to this ordinance. Notwithstanding this ordinance, a
				  municipality is required to comply with the construction site transportation
				  facility performance standards in subch. IV of ch. NR 151, Wis. Adm. Code, for
				  its own transportation-related projects. If a municipality has regulatory
				  authority over the activities of another local unit of government, it may be
				  appropriate to include the construction site transportation facility
				  performance standards in ss.
				  NR
				  151.225(3) and 151.23(4m), Wis. Adm.
				  Code, in its ordinance if those types of projects occur.
2. A construction project that is exempted by federal
				  statutes or regulations from the requirement to have a national pollutant
				  discharge elimination system permit issued under ch. 40, Code of Federal
				  Regulations, part 122, for land disturbing construction activity.
3. Nonpoint discharges from agricultural facilities and
				  practices.
4. Nonpoint discharges from silviculture activities.
5. Routine maintenance for project sites that have less than
				  5 acres of land disturbance if performed to maintain the original line and
				  grade, hydraulic capacity, or original purpose of the facility.
(c) Notwithstanding the applicability requirements in par.
				  (a), this ordinance applies to construction sites of any size that, as
				  determined by the [administering authority], are likely to result in runoff
				  that exceeds the safe capacity of the existing drainage facilities or receiving
				  body of water, that causes undue channel erosion, or that increases water
				  pollution by scouring or transporting of particulate.
Note to Users:
The municipality may want
				  to consider separate legal authority to address situations when persons other
				  than the responsible party destroy or render ineffective Best Management
				  Practices (BMPs) constructed to meet the performance standards of this
				  ordinance.
(2) JURISDICTION.
This ordinance applies to [land disturbing construction
				  activity on lands within the boundaries and jurisdiction of the [name of
				  municipality];
or
land disturbing construction activities on lands within the
				  boundaries and jurisdiction of the [name of municipality], as well as the
				  extraterritorial division of land subject to an ordinance enacted pursuant to
				  s.
				  236.45(2) and
				  (3), Wis. Stats.;
or
land disturbing construction activities on lands within the
				  boundaries and jurisdiction of the [name of municipality], as well as all lands
				  located within the extraterritorial plat approval jurisdiction of [name of
				  municipality], even if plat approval is not involved].
Note to Users:
These options differ in
				  the amount of land area covered by this ordinance and may have ramifications
				  for enforcement authority. For counties, the first option is the only option
				  since counties do not have extraterritorial authority. Under s.
				  59.693(10),
				  Wis. Stats., if a county ordinance exists at the time of annexation, then the
				  municipal ordinance must be at least as restrictive as the county
				  ordinance.
(3) EXCLUSIONS.
This ordinance is not applicable to activities conducted by a
				  state agency, as defined under s.
				  227.01(1),
				  Wis. Stats.
S. 045 SUBDIVISION AND NUMBERING OF THIS ORDINANCE;
				  WORD USAGE
(1) This ordinance is divided into sections designated by
				  boldface numerals and abbreviated "S.". Sections may be divided into
				  subsections designated by numerals in parentheses and abbreviated "sub."
				  Subsections may be divided into paragraphs designated by lower case letters in
				  parentheses and abbreviated "(par.)." Paragraphs may be divided into
				  subdivisions designated by numerals followed by a period and abbreviated "
				  subd." Subdivisions may be further subdivided into paragraphs designated by
				  lower case letters followed by a period and those paragraphs may lowercase
				  Roman numerals, which are abbreviated in the form "subd. 1. a." and "subd. 1.
				  a. i.," respectively. Reference to a "section," "subsection," "paragraph," or
				  "subdivision" includes all divisions of the referenced section, subsection,
				  paragraph, or subdivision.
(2) The singular includes the plural, and the plural includes
				  the singular. The present tense of a verb includes the future when applicable.
				  The future perfect tense includes past and future tenses.
S. 05 DEFINITIONS.
In this ordinance:
(1) "Administering authority" means a governmental employee,
				  or a regional planning commission empowered under s. [59.693,
				  60.627,
				  61.354,
				  or
				  62.234],
				  Wis. Stats., that is designated by the [governing body] to administer this
				  ordinance.
(2) "Agricultural facilities and practices" has the meaning
				  given in s.
				  281.16(1),
				  Wis. Stats.
(3) "Best management practice" or "BMP" means structural or
				  non-structural measures, practices, techniques, or devices employed to avoid or
				  minimize soil, sediment, or pollutants carried in runoff to waters of the
				  state.
(4) "Business day" means a day the office of the
				  [administering authority] is routinely and customarily open for
				  business.
(5) "Cease and desist order" means a court-issued order to
				  halt land disturbing construction activity that is being conducted without the
				  required permit or in violation of a permit issued by the [administering
				  authority].
(6) "Construction site" means an area upon which one or more
				  land disturbing construction activities occur, including areas that are part of
				  a larger common plan of development or sale when multiple separate and distinct
				  land disturbing construction activities may be taking place at different times
				  on different schedules but under one plan. A long-range planning document that
				  describes separate construction projects, such as a 20-year transportation
				  improvement plan, is not a common plan of development.
(7) "Design storm" means a hypothetical discrete rainstorm
				  characterized by a specific duration, temporal distribution, rainfall
				  intensity, return frequency, and total depth of rainfall.
(8)* "Division of land" means the creation from one parcel of
				  [number] or more parcels or building sites of [number] or fewer acres each in
				  area when such creation occurs at one time or through the successive partition
				  within a 5-year period.
Note to Users:
This definition is only
				  needed depending on the type of jurisdiction selected under S. 04 (2)
				  above.
(9) "Erosion" means the process by which the land's surface
				  is worn away by the action of wind, water, ice, or gravity.
(10) "Erosion and sediment control plan" means a
				  comprehensive plan developed to address pollution caused by erosion and
				  sedimentation of soil particles or rock fragments during construction.
(11)* "Extraterritorial" means the unincorporated area within
				  3 miles of the corporate limits of a first, second, or third class city, or
				  within 1.5 miles of a fourth class city or village.
Note to Users:
This definition is only
				  needed depending on the type of jurisdiction selected under S. 04 (2)
				  above.
(12) "Final stabilization" means that all land disturbing
				  construction activities at the construction site have been completed and that a
				  uniform perennial vegetative cover has been established with a density of at
				  least 70 percent of the cover for the unpaved areas and areas not covered by
				  permanent structures or that employ equivalent permanent stabilization
				  measures.
(13) "Land disturbing construction activity" means any
				  man-made alteration of the land surface resulting in a change in the topography
				  or existing vegetative or non-vegetative soil cover that may result in runoff
				  and lead to an increase in soil erosion and movement of sediment into waters of
				  the state. "Land disturbing construction activity" includes clearing and
				  grubbing, demolition, excavating, pit trench dewatering, filling, and grading
				  activities.
(14) "Landowner" means any person holding fee title, an
				  easement or other interest in property that allows the person to undertake
				  cropping, livestock management, land disturbing construction activity, or
				  maintenance of storm water BMPs on the property.
(15) "Maximum extent practicable" means the highest level of
				  performance that is achievable but is not equivalent to a performance standard
				  identified in this ordinance as determined in accordance with S. 055 of this
				  ordinance.
(16) "Performance standard" means a narrative or measurable
				  number specifying the minimum acceptable outcome for a facility or
				  practice.
(17) "Permit" means a written authorization made by the
				  [administering authority] to the applicant to conduct land disturbing
				  construction activity or to discharge post-construction runoff to waters of the
				  state.
(18) "Pollutant" has the meaning given in s.
				  283.01(13),
				  Wis. Stats.
(19) "Pollution" has the meaning given in s.
				  281.01(10),
				  Wis. Stats.
(20) "Responsible party" means the landowner or any other
				  entity performing services to meet the requirements of this ordinance through a
				  contract or other agreement.
(21) "Runoff" means storm water or precipitation including
				  rain, snow, or ice melt or similar water that moves on the land surface via
				  sheet or channelized flow.
(22) "Sediment" means settleable solid material that is
				  transported by runoff, suspended within runoff, or deposited by runoff away
				  from its original location.
(23) "Silviculture activity" means activities including tree
				  nursery operations, tree harvesting operations, reforestation, tree thinning,
				  prescribed burning, and pest and fire control. Clearing and grubbing of an area
				  of a construction site is not a "silviculture activity."
(24) "Site" means the entire area included in the legal
				  description of the land on which the land disturbing construction activity is
				  proposed in the permit application.
(25) "Stop work order" means an order issued by the
				  [administering authority] that requires that all construction activity on the
				  site be stopped.
(26) "Technical standard" means a document that specifies
				  design, predicted performance, and operation and maintenance specifications for
				  a material, device, or method.
(27) "Transportation facility" means a highway, a railroad, a
				  public mass transit facility, a public-use airport, a public trail, or any
				  other public work for transportation purposes, such as harbor improvements
				  under s.
				  85.095(1)
				  (b), Wis. Stats. "Transportation facility"
				  does not include building sites for the construction of public buildings and
				  buildings that are places of employment that are regulated by the Wisconsin
				  Department of Natural Resources pursuant to s.
				  281.33,
				  Wis. Stats.
(28) "Waters of the state" includes those portions of Lake
				  Michigan and Lake Superior within the boundaries of this state, and all lakes,
				  bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes,
				  watercourses, drainage systems, and other surface water or groundwater, natural
				  or artificial, public or private, within this state or its jurisdiction.
(29) "Wis. Adm. Code" means the Wisconsin Administrative
				  Code, published under s.
				  35.93,
				  Wis. Stats.
(30) "Wis. Stats." means the Wisconsin Statutes published
				  under s.
				  35.18 of
				  the Wisconsin Statutes.
S. 055 APPLICABILITY OF MAXIMUM EXTENT
				  PRACTICABLE.
Maximum extent practicable applies when a person who is
				  subject to a performance standard of this ordinance demonstrates to the
				  [administering authority]'s satisfaction that a performance standard is not
				  achievable and that a lower level of performance is appropriate. In making the
				  assertion that a performance standard is not achievable and that a level of
				  performance different from the performance standard is the maximum extent
				  practicable, the responsible party shall take into account the best available
				  technology, cost effectiveness, geographic features, and other competing
				  interests such as protection of public safety and welfare, protection of
				  endangered and threatened resources, and preservation of historic
				  properties.
S. 06 TECHNICAL STANDARDS.
All BMPs required for compliance with this ordinance shall
				  meet design criteria, standards, and specifications based on any of the
				  following:
(1) Design guidance and technical standards identified or
				  developed by the Wisconsin Department of Natural Resources under subch. V of
				  ch. NR 151, Wis. Adm. Code.
(2) Soil loss prediction tools (such as the Universal Soil
				  Loss Equation (USLE)) when using an appropriate rainfall or runoff factor (also
				  referred to as the R factor) or an appropriate design storm and precipitation
				  distribution, and when considering the geographic location of the site and the
				  period of disturbance.
Note to Users:
The USLE and its
				  successors RUSLE and RUSLE2, utilize an R factor that has been developed to
				  estimate annual soil erosion, averaged over extended time periods. The R factor
				  can be modified to estimate monthly and single-storm erosion.
(3) Technical standards and methods approved by the
				  [administering authority].
Note to Users:
The following section, S.
				  07, "Performance Standards for Construction Sites Under One Acre," is
				  optional.
S. 07 PERFORMANCE STANDARDS FOR CONSTRUCTION SITES
				  UNDER ONE ACRE.
(1) RESPONSIBLE PARTY. The responsible party shall comply
				  with this section.
(2) EROSION AND SEDIMENT CONTROL PRACTICES. Erosion and
				  sediment control practices at each site where land disturbing construction
				  activity is to occur shall be used to prevent or reduce all of the
				  following:
(a) The deposition of soil from being tracked onto streets by
				  vehicles.
(b) The discharge of sediment from disturbed areas into
				  on-site storm water inlets.
(c) The discharge of sediment from disturbed areas into
				  adjacent waters of the state.
(d) The discharge of sediment from drainage ways that flow
				  off the site.
(e) The discharge of sediment by dewatering
				  activities.
(f) The discharge of sediment eroding from soil stockpiles
				  existing for more than 7 days.
(g) The transport by runoff into waters of the state of
				  chemicals, cement, and other building compounds and materials on the
				  construction site during the construction period. However, projects that
				  require the placement of these materials in waters of the state, such as
				  constructing bridge footings or BMP installations, are not prohibited by this
				  subdivision.
(3) LOCATION. The BMPs shall be located so that treatment
				  occurs before runoff enters waters of the state.
(4) IMPLEMENTATION. The BMPs used to comply with this section
				  shall be implemented as follows:
(a) Erosion and sediment control practices shall be
				  constructed or installed before land disturbing construction activities
				  begin.
(b) Erosion and sediment control practices shall be
				  maintained until final stabilization.
(c) Final stabilization activity shall commence when land
				  disturbing activities cease and final grade has been reached on any portion of
				  the site.
(d) Temporary stabilization activity shall commence when land
				  disturbing activities have temporarily ceased and will not resume for a period
				  exceeding 14 calendar days.
(e) BMPs that are no longer necessary for erosion and
				  sediment control shall be removed by the responsible party.
S. 08* PERFORMANCE STANDARDS FOR CONSTRUCTION SITES OF
				  ONE ACRE OR MORE.
(1) RESPONSIBLE PARTY. The responsible party shall comply
				  with this section and implement the erosion and sediment control plan developed
				  in accordance with S. 10*.
(2) EROSION AND SEDIMENT CONTROL PLAN. A written
				  site-specific erosion and sediment control plan shall be developed in
				  accordance with S. 10* of this ordinance and implemented for each construction
				  site.
Note to Users:
The written plan may be
				  that specified within s.
				  NR
				  216.46, Wis. Adm. Code, the erosion and sediment
				  control portion of a construction plan or other plan.
(3) EROSION AND OTHER POLLUTANT CONTROL REQUIREMENTS. The
				  erosion and sediment control plan required under sub. (2) shall include all of
				  the following:
(a)
EROSION AND SEDIMENT CONTROL PRACTICES.
Erosion and sediment control practices at each site where land disturbing
				  construction activity is to occur shall be used to prevent or reduce all of the
				  following:
1. The deposition of soil from being tracked onto streets by
				  vehicles.
2. The discharge of sediment from disturbed areas into
				  on-site storm water inlets.
3. The discharge of sediment from disturbed areas into
				  adjacent waters of the state.
4. The discharge of sediment from drainage ways that flow off
				  the site.
5. The discharge of sediment by dewatering activities.
6. The discharge of sediment eroding from soil stockpiles
				  existing for more than 7 days.
7. The discharge of sediment from erosive flows at outlets
				  and in downstream channels.
8. The transport by runoff into waters of the state of
				  chemicals, cement, and other building compounds and materials on the
				  construction site during the construction period. However, projects that
				  require the placement of these materials in waters of the state, such as
				  constructing bridge footings or BMP installations, are not prohibited by this
				  subdivision.
9. The transport by runoff into waters of the state of
				  untreated wash water from vehicle and wheel washing.
(b)
SEDIMENT PERFORMANCE STANDARDS.
In
				  addition to the erosion and sediment control practices under par. (a), the
				  following erosion and sediment control practices shall be employed:
1. BMPs that, by design, discharge no more than 5 tons per
				  acre per year, or to the maximum extent practicable, of the sediment load
				  carried in runoff from initial grading to final stabilization.
2. No person shall be required to employ more BMPs than are
				  needed to meet a performance standard in order to comply with maximum extent
				  practicable. Erosion and sediment control BMPs may be combined to meet the
				  requirements of this paragraph. Credit may be given toward meeting the sediment
				  performance standard of this paragraph for limiting the duration or area, or
				  both, of land disturbing construction activity, or for other appropriate
				  mechanisms.
3. Notwithstanding subd. 1., if BMPs cannot be designed and
				  implemented to meet the sediment performance standard, the erosion and sediment
				  control plan shall include a written, site-specific explanation of why the
				  sediment performance standard cannot be met and how the sediment load will be
				  reduced to the maximum extent practicable.
(c)
PREVENTIVE MEASURES.
The erosion and
				  sediment control plan shall incorporate all of the following:
1. Maintenance of existing vegetation, especially adjacent to
				  surface waters whenever possible.
2. Minimization of soil compaction and preservation of
				  topsoil.
3. Minimization of land disturbing construction activity on
				  slopes of 20 percent or more.
4. Development of spill prevention and response
				  procedures.
(d)
LOCATION.
The BMPs used to comply with
				  this section shall be located so that treatment occurs before runoff enters
				  waters of the state.
Note to Users:
While regional treatment
				  facilities are appropriate for control of post-construction pollutants, they
				  should not be used for construction site sediment removal.
(4) IMPLEMENTATION. The BMPs used to comply with this section
				  shall be implemented as follows:
(a) Erosion and sediment control practices shall be
				  constructed or installed before land disturbing construction activities begin
				  in accordance with the erosion and sediment control plan developed in S. 08*
				  (2).
(b) Erosion and sediment control practices shall be
				  maintained until final stabilization.
(c) Final stabilization activity shall commence when land
				  disturbing activities cease and final grade has been reached on any portion of
				  the site.
(d) Temporary stabilization activity shall commence when land
				  disturbing activities have temporarily ceased and will not resume for a period
				  exceeding 14 calendar days.
(e) BMPs that are no longer necessary for erosion and
				  sediment control shall be removed by the responsible party.
S. 09* PERMITTING REQUIREMENTS, PROCEDURES, AND
				  FEES.
(1) PERMIT REQUIRED. No responsible party may commence a land
				  disturbing construction activity subject to this ordinance without receiving
				  prior approval of an erosion and sediment control plan for the site and a
				  permit from the [administering authority].
(2) PERMIT APPLICATION AND FEES. The responsible party that
				  will undertake a land disturbing construction activity subject to this
				  ordinance shall submit an application for a permit and an erosion and sediment
				  control plan that meets the requirements of S. 10*, and shall pay an
				  application fee to the [administering authority] in the amount specified in S.
				  11*. By submitting an application, the applicant is authorizing the
				  [administering authority] to enter the site to obtain information required for
				  the review of the erosion and sediment control plan.
(3) PERMIT APPLICATION REVIEW AND APPROVAL. The
				  [administering authority] shall review any permit application that is submitted
				  with an erosion and sediment control plan and the required fee. All of the
				  following approval procedure shall be used:
(a) Within [number] business days of the receipt of a
				  complete permit application, as required by sub. (2), the [administering
				  authority] shall inform the applicant whether the application and erosion and
				  sediment control plan are approved or disapproved based on the requirements of
				  this ordinance.
(b) If the permit application and erosion and sediment
				  control plan are approved, the [administering authority] shall issue the
				  permit.
(c) If the permit application or erosion and sediment control
				  plan is disapproved, the [administering authority] shall state in writing the
				  reasons for disapproval.
(d) The [administering authority] may request additional
				  information from the applicant. If additional information is submitted, the
				  [administering authority] shall have [number] business days from the date the
				  additional information is received to inform the applicant that the erosion and
				  sediment control plan is either approved or disapproved.
(e) Failure by the [administering authority] to inform the
				  permit applicant of a decision within [number] business days of a required
				  submittal shall be deemed to mean approval of the submittal and the applicant
				  may proceed as if a permit had been issued.
(4) SURETY BOND. As a condition of approval and issuance of
				  the permit, the [administering authority] may require the applicant to deposit
				  a surety bond or irrevocable letter of credit to guarantee a good faith
				  execution of the approved erosion and sediment control plan and any permit
				  conditions.
(5) PERMIT REQUIREMENTS. All permits shall require the
				  responsible party to do all of the following:
(a) Notify the [administering authority] within 48 hours of
				  commencing any land disturbing construction activity.
(b) Notify the [administering authority] of completion of any
				  BMPs within 14 days after their installation.
(c) Obtain permission in writing from the [administering
				  authority] prior to any modification pursuant to S. 10* (3) of the erosion and
				  sediment control plan.
(d) Install all BMPs as identified in the approved erosion
				  and sediment control plan.
(e) Maintain all road drainage systems, storm water drainage
				  systems, BMPs, and other facilities identified in the erosion and sediment
				  control plan.
(f) Repair any siltation or erosion damage to adjoining
				  surfaces and drainage ways resulting from land disturbing construction
				  activities and document repairs in a site inspection log.
(g) Inspect the BMPs within 24 hours after each rain of 0.5
				  inches or more that results in runoff during active construction periods and at
				  least once each week. Make needed repairs and install additional BMPs as
				  necessary, and document these activities in an inspection log that also
				  includes the date of inspection, the name of the person conducting the
				  inspection, and a description of the present phase of the construction at the
				  site.
(h) Allow the [administering authority] to enter the site for
				  the purpose of inspecting compliance with the erosion and sediment control plan
				  or for performing any work necessary to bring the site into compliance with the
				  erosion and sediment control plan.
(i) Keep a copy of the erosion and sediment control plan at
				  the construction site.
(6) PERMIT CONDITIONS. Permits issued under this section may
				  include conditions established by [administering authority] in addition to the
				  requirements set forth in sub. (5), when needed to assure compliance with the
				  performance standards in S. 07* or S. 08*.
(7) PERMIT DURATION. Permits issued under this section shall
				  be valid for a period of 180 days, or the length of the building permit or
				  other construction authorizations, whichever is longer, from the date of
				  issuance. The [administering authority] may grant one or more extensions not to
				  exceed 180 days cumulatively. The [administering authority] may require
				  additional BMPs as a condition of an extension if they are necessary to meet
				  the requirements of this ordinance.
(8) MAINTENANCE. The responsible party throughout the
				  duration of the construction activities shall maintain all BMPs necessary to
				  meet the requirements of this ordinance until the site has undergone final
				  stabilization.
S. 10* EROSION AND SEDIMENT CONTROL PLAN, STATEMENT,
				  AND AMENDMENTS.
(1) EROSION AND SEDIMENT CONTROL PLAN STATEMENT. For each
				  construction site identified under S. 04 (1)(c), an erosion and sediment
				  control plan statement shall be prepared. This statement shall be submitted to
				  the [administering authority]. The erosion and sediment control plan statement
				  shall briefly describe the site, the development schedule, and the BMPs that
				  will be used to meet the requirements of the ordinance. A site map shall also
				  accompany the erosion and sediment control plan statement.
(2) EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS.
(a) An erosion and sediment control plan shall be prepared
				  and submitted to the [administering authority].
(b) The erosion and sediment control plan shall be designed
				  to meet the performance standards in S. 07*, S. 08*, and other requirements of
				  this ordinance.
(c) The erosion and sediment control plan shall address
				  pollution caused by soil erosion and sedimentation during construction and up
				  to final stabilization of the site. The erosion and sediment control plan shall
				  include, at a minimum, all of the following items:
1. Names and addresses of the owner or developer of the site,
				  and of any consulting firm retained by the applicant, together with the name of
				  the applicant's principal contact at such firm. The application shall also
				  include start and end dates for construction.
2. Description of the construction site and the nature of the
				  land disturbing construction activity, including representation of the limits
				  of land disturbance on a United States Geological Survey 7.5 minute series
				  topographic map.
3. Description of the intended sequence of major land
				  disturbing construction activities for major portions of the construction site,
				  including stripping and clearing; rough grading; construction of utilities,
				  infrastructure, and buildings; and final grading and landscaping. Sequencing
				  shall identify the expected date on which clearing will begin, the estimated
				  duration of exposure of cleared areas, areas of clearing, installation of
				  temporary erosion and sediment control measures, and establishment of permanent
				  vegetation.
4. Estimates of the total area of the construction site and
				  the total area of the construction site that is expected to be disturbed by
				  land disturbing construction activities.
5. Calculations to show the compliance with the performance
				  standard in S. 08 (3)(b)1.
6. Existing data describing the surface soil as well as
				  subsoils.
7. Depth to groundwater, as indicated by Natural Resources
				  Conservation Service soil information when available.
8. Name of the immediate named receiving water from the
				  United States Geological Survey 7.5 minute series topographic maps.
(d) The erosion and sediment control plan shall include a
				  site map. The site map shall include all of the following items and shall be at
				  a scale not greater than 100 feet per inch and at a contour interval not to
				  exceed five feet:
1. Existing topography, vegetative cover, natural and
				  engineered drainage systems, roads, and surface waters. Lakes, streams,
				  wetlands, channels, ditches, and other watercourses on and immediately adjacent
				  to the site shall be shown. Any identified 100-year flood plains, flood
				  fringes, and floodways shall also be shown.
2. Boundaries of the construction site.
3. Drainage patterns and approximate slopes anticipated after
				  major grading activities.
4. Areas of soil disturbance.
5. Location of major structural and non-structural controls
				  identified in the erosion and sediment control plan.
6. Location of areas where stabilization BMPs will be
				  employed.
7. Areas that will be vegetated following land disturbing
				  construction activities.
8. Areas and locations of wetland on the construction site,
				  and locations where storm water is discharged to a surface water or wetland
				  within one-quarter mile downstream of the construction site.
9. Areas used for infiltration of post-construction storm
				  water runoff.
10. An alphanumeric or equivalent grid overlying the entire
				  construction site map.
(e) Each erosion and sediment control plan shall include a
				  description of appropriate control BMPs that will be installed and maintained
				  at the construction site to prevent pollutants from reaching waters of the
				  state. The erosion and sediment control plan shall clearly describe the
				  appropriate erosion and sediment control BMPs for each major land disturbing
				  construction activity and the timing during the period of land disturbing
				  construction activity that the erosion and sediment control BMPs will be
				  implemented. The description of erosion and sediment control BMPs shall
				  include, when appropriate, all of the following minimum requirements:
1. Description of interim and permanent stabilization
				  practices, including a BMP implementation schedule. The erosion and sediment
				  control plan shall ensure that existing vegetation is preserved when attainable
				  and that disturbed portions of the site are stabilized.
2. Description of structural practices to divert flow away
				  from exposed soils, store flows, or otherwise limit runoff and the discharge of
				  pollutants from the site. Unless otherwise specifically approved in writing by
				  the [administering authority], structural measures shall be installed on upland
				  soils.
3. Management of overland flow at all areas of the
				  construction site, unless otherwise controlled by outfall controls.
4. Trapping of sediment in channelized flow.
5. Staging land disturbing construction activities to limit
				  exposed soil areas subject to erosion.
6. Protection of downslope drainage inlets where they
				  occur.
7. Minimization of tracking at all vehicle and equipment
				  entry and exit locations of the construction site.
8. Clean up of off-site sediment deposits.
9. Proper disposal of building and waste material.
10. Stabilization of drainage ways.
11. Installation of permanent stabilization practices as soon
				  as possible after final grading.
12. Minimization of dust to the maximum extent
				  practicable.
(f) The erosion and sediment control plan shall require that
				  velocity dissipation devices be placed at discharge locations and along the
				  length of any outfall channel as necessary to provide a non-erosive flow from
				  the structure to a water course so that the natural physical and biological
				  characteristics and functions are maintained and protected.
Note to Users:
The erosion and sediment
				  plan requirements of this subsection will meet the erosion control plan
				  requirements of s.
				  NR
				  216.46, Wis. Adm. Code, when prepared in accordance
				  with good engineering practices and the design criteria, standards, and
				  specifications published by the Wisconsin Department of Natural Resources under
				  subch. V of ch. NR 151, Wis. Adm. Code.
(3) EROSION AND SEDIMENT CONTROL PLAN AMENDMENTS. The
				  applicant shall amend the erosion and sediment control plan if any of the
				  following occurs:
(a) There is a change in design, construction, operation, or
				  maintenance at the site that has the reasonable potential for the discharge of
				  pollutants to waters of the state and that has not otherwise been addressed in
				  the erosion and sediment control plan.
(b) The actions required by the erosion and sediment control
				  plan fail to reduce the impacts of pollutants carried by construction site
				  runoff.
(c) The [administering authority] notifies the applicant of
				  changes needed in the erosion and sediment control plan.
S. 11* FEE SCHEDULE.
The fees referred to in other sections of this ordinance
				  shall be established by the [administering authority] and may from time to time
				  be modified by resolution. A schedule of the fees established by the
				  [administering authority] shall be available for review in [location].
S. 12* INSPECTION.
If land disturbing construction activities are occurring
				  without a permit required by this ordinance, the [administering authority] may
				  enter the land pursuant to the provisions of ss.
				  66.0119,
				  Wis. Stats.
S. 13* ENFORCEMENT.
(1) The [administering authority] may post a stop work order
				  if any of the following occurs:
(a) Land disturbing construction activity regulated under
				  this ordinance is occurring without a permit.
(b) The erosion and sediment control plan is not being
				  implemented in good faith.
(c) The conditions of the permit are not being met.
Note to Users:
The [administering
				  authority] should inspect any construction site that holds a permit under this
				  chapter at least once a month between March 1 and October 31, and at least 2
				  times between November 1 and February 28 to ensure compliance with the approved
				  erosion and sediment control plan.
(2) If the responsible party does not cease activity as
				  required in a stop work order posted under this section or fails to comply with
				  the erosion and sediment control plan or permit conditions, the [administering
				  authority] may revoke the permit.
(3) If the responsible party, when no permit has been issued
				  or the permit has been revoked, does not cease the activity after being
				  notified by the [administering authority], or if a responsible party violates a
				  stop work order posted under sub. (1), the [administering authority] may
				  request the [district attorney, city attorney, town attorney, village attorney
				  or county corporation counsel] to obtain a cease and desist order in any court
				  with jurisdiction.
(4) The [administering authority, board of appeals, or board
				  of adjustment] may retract the stop work order issued under sub. (1) or the
				  permit revocation under sub. (2).
(5) After posting a stop work order under sub. (1), the
				  [administering authority] may issue a notice of intent to the responsible party
				  of its intent to perform work necessary to comply with this ordinance. The
				  [administering authority] may go on the land and commence the work after
				  issuing the notice of intent. The costs of the work performed under this
				  subsection by the [administering authority], plus interest at the rate
				  authorized by [administrative authority] shall be billed to the responsible
				  party. In the event a responsible party fails to pay the amount due, the clerk
				  shall enter the amount due on the tax rolls and collect as a special assessment
				  against the property pursuant to subch. VII of ch. 66, Wis. Stats.
(6) Any person violating any of the provisions of this
				  ordinance shall be subject to a forfeiture of not less than [amount] nor more
				  than [amount] and the costs of prosecution for each violation. Each day a
				  violation exists shall constitute a separate offense.
(7) Compliance with the provisions of this ordinance may also
				  be enforced by injunction in any court with jurisdiction. It shall not be
				  necessary to prosecute for forfeiture or a cease and desist order before
				  resorting to injunctional proceedings.
Note to Users:
Injunctional orders are
				  authorized pursuant to s.
				  59.69(11),
				  61.35, or
				  62.23(8),
				  Wis. Stats., for counties, villages and towns with village powers, and cities
				  respectively.
S. 14* APPEALS.
(1) BOARD OF [APPEALS or ADJUSTMENT]. The board of [appeals
				  or adjustment] created pursuant to section [number] of the [county's, town's,
				  city's or village's] ordinance pursuant to s. [59.694,
				  60.65,
				  61.354(4)
				  (b) or
				  62.23(7)
				  (e)], Wis. Stats.:
(a) Shall hear and decide appeals when it is alleged that
				  there is error in any order, decision or determination made by the
				  [administering authority] in administering this ordinance except for cease and
				  desist orders obtained under S. 13* (3);
(b) May authorize, upon appeal, variances from the provisions
				  of this ordinance that are not contrary to the public interest and when owing
				  to special conditions a literal enforcement of the provisions of the ordinance
				  will result in unnecessary hardship; and
(c) Shall use the rules, procedures, duties, and powers
				  authorized by statute in hearing and deciding appeals and authorizing
				  variances.
(2) WHO MAY APPEAL. Appeals to the board of [appeals or
				  adjustment] may be taken by any aggrieved person or by any office, department,
				  board, or bureau of the [name of municipality] affected by any decision of the
				  [administering authority].
S. 15* SEVERABILITY.
If a court of competent jurisdiction judges any section,
				  clause, provision, or portion of this ordinance unconstitutional or invalid,
				  the remainder of the ordinance shall remain in force and not be affected by
				  such judgment.
S. 16* EFFECTIVE DATE.
This ordinance shall be in force and effect from and after
				  its adoption and publication. The above and foregoing ordinance was duly
				  adopted by the [governing body] of the [name of municipality] on the [number]
				  day of [month], [year].
Approved: ________________
Attested: __________________
Published on [day, month, and year].