Fitchburg's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Fitchburg, Wisconsin, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Stormwater Management

Fitchburg requires a stormwater control permit once a project adds 20,000 square feet of impervious surface, involves a subdivision plat, or counts as redevelopment. The approved plan must hold post-development groundwater infiltration to at least 90 percent of what the site infiltrated before it was built on.

Key details: Permit trigger: 20,000 sq. ft. new impervious surface. Infiltration standard: At least 90% of pre-development volume. Sediment control: 80% total suspended solids reduction, new development. Review time: 15 business days, city engineer. Penalty: $25 to $1,000 forfeiture (§ 1-21).

A stormwater management violation is enforced the same way as an erosion control violation, under § 30-26(i): a forfeiture under the city's forfeiture schedule, defaulting to the general penalty of $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for a repeat offense within a year under § 1-21(b), with each day of noncompliance a separate offense. The city engineer can post a stop work order, and the permittee remains liable for all restoration costs.

Flood Elevation Requirements

Fitchburg, Wisconsin requires new and substantially improved residential structures in the floodplain to sit at or above the flood protection elevation, defined in the Dane County city's own floodplain ordinance as two feet of freeboard above the regional flood elevation. Fill must extend at least one foot above the regional flood elevation and 15 feet beyond the structure, and the zoning administrator enforces compliance through Chapter 22's floodplain permit process.

Key details: Freeboard requirement: 2 feet above regional flood elevation. Fill extent: 1 foot above BFE, 15 feet beyond structure. Permit required: Zoning permit before floodplain development. Enforcing office: Fitchburg zoning administrator. Maximum fine: $50 per day per violation.

Violating any floodplain provision is referred to the municipal attorney for prosecution and is treated as a public nuisance the city, the state, or any citizen can seek to enjoin or abate. Under Section 22-852, fines are capped at $50.00 per day per violation, with each day of continued noncompliance counted as a separate offense. Building without the required zoning permit or certificate of compliance is itself a violation under Section 22-792.

Erosion Control

Fitchburg requires an erosion control permit before almost any real land disturbance: more than 4,000 square feet, more than 400 cubic yards of cut and fill, or work touching more than 100 feet of a ditch or drainage channel. The permitted plan must hold soil loss at or under 7.5 tons per acre a year.

Key details: Permit trigger: Land disturbance over 4,000 sq. ft.. Also triggers permit: Over 400 cubic yards cut/fill. Soil loss limit: 7.5 tons per acre per year. Reviewing official: City engineer, 10 business days. Penalty: $25 to $1,000 forfeiture (§ 1-21).

Violating the erosion control article carries a forfeiture under Fitchburg's forfeiture schedule (§ 30-26(i)(1)); because Chapter 30 has no chapter-specific dollar figure listed in § 70-309, the general penalty in § 1-21(b) applies: $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for a repeat offense within a year, with each day of violation a separate offense. The city engineer can also issue a stop work order and the city attorney can seek an injunction without first pursuing a forfeiture.

The Bottom Line

Fitchburg's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fitchburg is broadly strict or permissive.

These rules come from Fitchburg's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.