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Dane County, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
20,000 sq ft new impervious surface
Base stormwater permit fee
$500
Additional fee
$0.016/sq ft impervious area
Also triggered by
plat or certified survey map
Governing law
Dane County Code ch. 14, § 14.07

Summary

Development in Dane County that adds 20,000 square feet of impervious surface since August 22, 2001, or that requires a plat or certified survey map, needs a stormwater management permit under Chapter 14 before grading starts. Land disturbance over 4,000 square feet on commercial, industrial, or multifamily sites also triggers the requirement.

City-specific rules exist: Fitchburg, Madison, Middleton, and Sun Prairie have their own erosion control rules that differ from Dane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

14.07 APPLICABILITY OF REQUIREMENT FOR STORMWATER MANAGEMENT PERMITS. Unless otherwise exempted by sec. 14.08, a stormwater management permit under sec. 14.10 shall be required and all stormwater management provisions of this chapter shall apply to any of the following activities within Dane County: (1) Any development(s) after August 22, 2001 that result(s) in the cumulative addition of 20,000 square feet of impervious surface to the site. (2) Any development that requires a plat, as defined in applicable local land division ordinance(s). (3) Any development that requires a certified survey map, as defined in the applicable local land division ordinance(s); for property intended for commercial or industrial use. (4) Land disturbing activity in excess of 4,000 square feet on sites developed as commercial, industrial, institutional or multifamily.

Source: Wis. Stat. §88.87View official code

Full Breakdown

06, for five categories of development: any project after August 22, 2001 that cumulatively adds 20,000 square feet of impervious surface; any development requiring a plat under the local land division ordinance; any development requiring a certified survey map for property intended for commercial or industrial use; land-disturbing activity over 4,000 square feet on commercial, industrial, institutional, or multifamily sites; and other development the local approval authority determines in writing may significantly increase downstream runoff, flooding, erosion, or pollution, or affect a lake, stream, or wetland.

016 per square foot of new or redeveloped impervious area. 12, and adding no new driving lanes, are exempt from runoff-rate-control standards, though not from the permit itself. Applicants may request a $50 preliminary review letter, credited against the base fee if obtained.

Violations & Fines

Chapter 14's enforcement mechanics in § 14.18 apply equally to stormwater permits: the local approval authority can issue a stop-work order for posted noncompliance, giving the permittee 24 hours after direct notice (72 hours after mailed notice) to correct it before the county performs the work itself and bills the owner. Section 14.19 sets penalties of $200 to $1,000 per day, each day a separate offense, plus prosecution costs and possible injunctive relief.

Frequently Asked Questions

Is a stormwater permit the same as an erosion control permit in Dane County?
No. Section 14.06 covers construction-site erosion control based on soil disturbance thresholds, while § 14.07 separately requires a stormwater management permit for larger impervious-surface additions, platted subdivisions, and certain commercial development: a project can need one, both, or neither.
What triggers a Dane County stormwater permit for a subdivision?
Any development requiring a plat, or for commercial/industrial property a certified survey map, under the local land division ordinance triggers the § 14.07 permit requirement regardless of how much impervious surface is added.
How much does a stormwater management permit cost?
The base fee is $500 under § 14.15, plus $0.016 per square foot of new or redeveloped impervious surface; municipal street and road maintenance projects are exempt from these fees.

Sources & Official References

Other rules in Dane County

All Dane County rules

Compare Dane County to another location·View the Wisconsin environmental rules overview

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