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

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

Key Facts

Fee
$100 per application
Review time
20 business days
Permit term
180 days, extendable
Notify start
within 48 hours

Summary

Land-disturbing construction or grading in unincorporated Brown County needs a Chapter 40 permit and $100 fee from the County Highway Commissioner, reviewed within 20 business days, before work starts.

City-specific rules exist: Green Bay, De Pere, and Ashwaubenon have their own erosion control rules that differ from Brown County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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 County Highway Commissioner.

(2) PERMIT APPLICATION AND FEES. At least one responsible party desiring to 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 40.09 and shall pay an application fee of $100.00 to the County Highway Commissioner. By submitting an application, the applicant is authorizing the County Highway Commissioner to enter the site to obtain information required for the review of the erosion and sediment control plan.

(3) REVIEW AND APPROVAL OF PERMIT APPLICATION. The County Highway Commissioner shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:

(a) Within 20 business days of the receipt of a complete permit application, as required by sub. (2), the County Highway Commissioner shall inform the applicant whether the application and plan are approved or disapproved based on the requirements of this ordinance.

(b) If the permit application and plan are approved, the County Highway

Full Breakdown

Under Brown County Code § 40.08, no responsible party may begin land-disturbing construction activity meeting the chapter's size thresholds without an approved erosion and sediment control plan and a permit from the County Highway Commissioner. The applicant submits a $100 application fee with the plan; the Commissioner must approve or deny within 20 business days of a complete submittal, or the plan is deemed approved. Permits run 180 days (or the length of the building permit, if longer), can be extended another 180 days, and the Commissioner may require a surety bond or letter of credit to guarantee compliance.

Violations & Fines

Starting work without an approved permit exposes the responsible party to a stop-work order, permit revocation, and a forfeiture of $500 to $5,000 per day the violation continues, plus prosecution costs.

Frequently Asked Questions

What triggers the permit requirement?
Disturbing 4,000 sq ft, moving 100 cubic yards of material, or disturbing 100 linear feet of a drainage way, under § 40.04(2)(a).
What if the county misses its review deadline?
Failure to decide within 20 business days is deemed approval, and the applicant may proceed as if a permit had been issued.

Sources & Official References

Other rules in Brown County

All Brown County rules

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

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