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Ashwaubenon, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
4,000 sq ft of land disturbance
Sediment standard
5 tons/acre/year on sites of 1+ acre
Inspections
Weekly, plus within 24 hrs of 0.5" rain
Permit review
20 business days; silence = approval
Permit duration
180 days, renewable
Penalty
$100-$1,000 forfeiture per day
Authority
Wis. Stat. § 61.354 (village authority)

Summary

The Village of Ashwaubenon regulates erosion and sediment control on every construction site under Section 5-9-770, adopted under Wis. Stat. Section 61.354. Any project disturbing 4,000 square feet or more of land needs a permit and an approved erosion control plan from the director of public works before work starts, and violators face a $100 to $1,000 forfeiture per day.

(i) A permit is required for a construction site with 4,000 square feet or greater of land disturbing construction activity. ... (1) BMP's 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. ... (6) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $1,000.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

Full Breakdown

Ashwaubenon adopted its construction-site erosion control ordinance under the authority Wisconsin gives villages in Wis. Stat. 354, and Section 5-9-770 supersedes any older village ordinance passed under Wis. Stat. 35. The Village Board designates the director of public works to administer and enforce it. A permit is required whenever a construction site disturbs 4,000 square feet or more of land; sites under that threshold still must meet the ordinance's baseline performance standards even without a permit, and the director can require a permit anyway if compliance, targeted performance standards, or protection of state waters calls for it.

One- and two-family homes built outside a larger development plan that disturb less than an acre are exempt from the Village's process and fall instead under the Wisconsin Department of Safety and Professional Services' rule, Wis. Admin. 125, not this ordinance. For permitted sites of an acre or more, the erosion and sediment control plan must hold the sediment load discharged in runoff to no more than 5 tons per acre per year, to the maximum extent practicable, using best management practices that keep soil off streets, out of storm inlets and out of waters of the state.

Permit holders must notify the director within 48 hours of starting work, inspect the site at least weekly and within 24 hours of any half-inch rain event, and keep written weekly inspection logs at the site. The director has 20 business days to approve or deny a complete application; silence beyond that period counts as approval. Permits run 180 days, renewable in further 180-day increments. Appeals of the director's decisions go to the Board of Appeals created under Chapter 17. The ordinance was last amended by Ord. No. 6-1-16 on June 28, 2016, building on Ord. No. O10-3-08 from October 28, 2008.

Violations & Fines

Violating any part of the erosion control ordinance draws a forfeiture of not less than $100 nor more than $1,000 plus costs of prosecution, and each day the violation continues counts as a separate offense under Section 5-9-770(L)(6). The director can also post a stop-work order, revoke the permit, or ask the village attorney for a cease and desist order or an injunction, and unpaid emergency-repair costs the director incurs can be billed to the responsible party or placed on the property tax roll as a special assessment.

Frequently Asked Questions

Do I need a permit to grade my Ashwaubenon lot?
Only if the project disturbs 4,000 square feet or more of land. Section 5-9-770(D)(1)(a) requires an erosion and sediment control permit from the director of public works above that threshold, though smaller sites must still meet the ordinance's baseline performance standards even without one.
Does this ordinance cover a new single-family home I'm building?
Only partly. New one- and two-family homes that are not part of a larger development and disturb less than an acre are exempt from the Village's erosion permit process; the Wisconsin Department of Safety and Professional Services regulates erosion control there instead, under Wis. Admin. Code SPS 321.125.
How often does my erosion control plan need to be inspected?
At least once a week, and again within 24 hours of any rainfall of a half inch or more. Section 5-9-770(H)(5)(g) requires the responsible party to keep written weekly reports at the site documenting the inspection date, findings and any repairs made to the erosion controls.
What happens if I skip the erosion control permit?
The director of public works can post a stop-work order and ask the village attorney for a cease and desist order. Beyond that, Section 5-9-770(L)(6) sets a forfeiture of $100 to $1,000 per day the violation continues, plus the Village's costs of prosecuting the case.

Sources & Official References

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