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Appleton, WI Environmental Rules: Erosion Control (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Threshold triggering permit
1 acre or more disturbed
Administering authority
Director of Public Works, Sec. 24-1(c)
Plan preparer
Registered architect/engineer/surveyor
Submission format
Hard copy plus PDF, Sec. 24-35(a)(2)
Enforcement tools
Stop work, permit revocation, injunction
Penalty basis
Sec. 1-16, each day a separate offense

Summary

Land-disturbing construction of an acre or more in Appleton needs an erosion and sediment control plan and permit before work starts, backed by state law authority, city inspections, stop-work power, and daily forfeitures for noncompliance.

(2) Land disturbing activities meeting any one of the following are required to prepare a plan and obtain a permit: a. Building on lots in subdivisions, certified survey maps or unplatted lands. b. Land disturbing activities involving grading, removal of protective ground cover or vegetation, excavation, land filling, scraping or other land disturbing activity affecting a surface of one (1) acre or more.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Chapter 24, adopted under the authority of Wis. 234, governs erosion and sediment control citywide, with the Director of Public Works designated as the administering authority under Sec. 24-1(c). Sec. 24-10(a) applies the ordinance to all land-disturbing activities, including transportation facilities, and requires a plan and permit for building on subdivision, certified survey map, or unplatted lots, and for any grading, ground-cover removal, excavation, land filling, or scraping affecting a surface of one acre or more, as well as street, highway, road, or bridge work of the same size.

Sec. 24-35(a) requires the erosion and sediment control plan to be prepared by a Wisconsin-registered architect, engineer, land surveyor, or landscape architect, submitted in both hard copy and PDF to the Department of Public Works, and to meet the performance standards in Sec. 24-25. Required plan contents include the site description, construction sequencing with expected clearing and stabilization dates, total disturbed area, soil-loss calculations for sites of one acre or more, and a scaled site map showing topography, drainage, and any 100-year floodplain, flood fringe, floodway, or flood storage area.

Sec. 24-45 lets the city enter land under active land-disturbing activity to inspect it under Wis. 0119. Enforcement in Sec. 24-50 treats any noncomplying land-disturbing activity as a violation, requires written notice describing the violation and a correction schedule, and lets the city post a stop-work order, revoke the permit, refer the matter for a cease-and-desist order, or seek injunctive relief without first prosecuting for forfeiture. No building occupancy may issue while noncompliance exists, and no building permit may issue for a subdivision that is out of compliance with Chapter 24.

Violations & Fines

Sec. 24-50(i) makes any violation of the erosion control ordinance subject to the general penalty in Sec. 1-16, with each day the violation continues counted as a separate offense. Violations treated as a public nuisance are also subject to abatement under Sec. 12-32 or may be enforced by injunctional order in any court with jurisdiction, without first requiring a forfeiture prosecution, and the city may perform corrective work itself and bill the costs to the responsible party or the property's tax roll.

Frequently Asked Questions

When does a construction project in Appleton need an erosion control permit?
Sec. 24-10(a) requires a plan and permit once land-disturbing activity, such as grading, excavation, or ground-cover removal, affects a surface area of one acre or more, or involves building on subdivision, certified survey map, or unplatted lots regardless of size in some cases.
Who can prepare an Appleton erosion and sediment control plan?
Sec. 24-35(a)(3) limits plan preparation to a person registered with the Wisconsin Department of Regulation and Licensing as an architect, engineer, land surveyor, or landscape architect, and the plan must be submitted to the Department of Public Works in both hard copy and PDF.
Can Appleton stop work for erosion control violations?
Yes. Sec. 24-50(e) authorizes the city to post a stop-work order on any land development activity that violates the ordinance, or to ask the City Attorney to obtain a cease-and-desist order, and Sec. 24-50(f) lets the city revoke the permit outright for noncompliance.
What are the penalties for violating Appleton's erosion control ordinance?
Sec. 24-50(i) applies the general Sec. 1-16 penalty, with each day a violation continues counted as a separate offense, and the city may also abate the violation as a public nuisance under Sec. 12-32 or seek an injunction without first prosecuting for a forfeiture.

Sources & Official References

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