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Fitchburg, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

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)

Summary

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.

Unless expressly exempted by section 30-24, an erosion control permit under section 30-26 shall be required and all construction site erosion control provisions of this article shall apply to any of the following activities in the city:(1)Land disturbing activity in excess of 4,000 square feet;(2)Land disturbing activity that involves the excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material; ... b.Limit total off-site permissible annual aggregate soil loss for exposed areas resulting from sheet and rill erosion to an annual, cumulative soil loss rate not to exceed 7.5 tons per acre annually;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Fitchburg City Code § 30-22 requires an erosion control permit under § 30-26 before land disturbing activity in excess of 4,000 square feet; excavation or filling (or a combination) exceeding 400 cubic yards; disturbance of more than 100 linear feet of a road ditch, grass waterway or other open drainage channel; new public or private roads or access drives longer than 125 feet; any subdivision plat or certified survey map; utility installation involving more than 300 linear feet of trenching; or smaller disturbances the city engineer determines carry a high risk of erosion or water pollution.

Section 30-24 exempts agricultural cropland work and, with limits, one- and two-family dwellings under the state Uniform Dwelling Code, though disturbances over an acre or unrelated to the dwelling itself stay covered. S. Natural Resources Conservation Service methodology or another method the county conservationist accepts, and discharges from the site must reach a stable, non-erosive outlet. Permit applications go through the city engineer under § 30-26, with a ten-business-day review for erosion control plans, required financial security, and permit conditions that run for the life of the project; land disturbance on five acres or more also needs plan commission review under § 30-32.

Even sites otherwise exempt are not free to cause harm: § 30-25 makes excessive runoff or erosion onto adjacent land, streets or water bodies a violation in its own right.

Violations & Fines

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.

Frequently Asked Questions

When do I need an erosion control permit for a Fitchburg project?
Under § 30-22, once your land disturbance exceeds 4,000 square feet, involves more than 400 cubic yards of excavation or fill, disturbs over 100 linear feet of a ditch or drainage channel, or meets several other listed thresholds, you need an erosion control permit from the city engineer before starting work.
Is building a single-family house exempt from erosion control rules?
Partly. Section 30-24 exempts one- and two-family dwellings regulated under the state Uniform Dwelling Code while a residential building permit is in effect, but land disturbance exceeding one acre, or not tied to the dwelling's construction, stays fully subject to Fitchburg's erosion control article.
How much soil loss is a construction site allowed?
Section 30-27 caps annual off-site soil loss from sheet and rill erosion at 7.5 tons per acre per year, measured using U.S. Natural Resources Conservation Service methodology or another method the county conservationist approves. Site outlets must also discharge at a non-erosive velocity to a stable outlet.

Sources & Official References

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