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Madison, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
4,000 sq ft disturbance or 400 cu yd fill
Plan required at
20,000 sq ft (10,000 for redevelopment)
Soil loss cap
5.0 tons/acre/year off-site
No-plan permit fee
$100
Industrial/mining annual fee
$532
1st-offense fine
$200 per site
3rd+ offense fine
$1,000 per site

Summary

Madison requires an erosion control permit before most land-disturbing activity of 4,000 square feet or more, or that moves over 400 cubic yards of material. The Administrative Authority issues permits under Chapter 37, and tracking dirt onto streets or letting sediment reach waterways is a separate violation carrying its own fine.

Unless expressly exempted by Sec. 37.06(4), an erosion control permit under Sec. 37.11 shall be required and the erosion control provisions of Sec. 37.08 shall apply to any of the following activities in the City: (a) Land-disturbing activity in excess of four thousand (4,000) square feet resulting in the loss or removal of protective ground cover or vegetation... No person shall cause or permit erosion or the tracking or dropping of dirt or sediment deposits on adjacent land, public streets or bodies of water from any land whether otherwise subject to this ordinance or not.

Source: Madison Erosion ControlView official code

Full Breakdown

11 for land-disturbing activity in excess of 4,000 square feet resulting in loss of protective ground cover, excavation or filling over 400 cubic yards, new public or private roads/access drives longer than 125 feet, disturbance of more than 100 lineal feet of road ditch or drainage channel, subdivisions requiring plat approval, and utility work involving open-cut construction over 300 feet. The Administrative Authority can also require a permit for smaller sites it determines pose a high risk of soil erosion or water pollution, particularly near lakes, streams or wetlands, with that determination made in writing unless the applicant waives it.

08 sets the plan content: applicants must submit a PDF erosion control plan at 40:1 scale or larger when disturbance hits 20,000 square feet, is adjacent to a sensitive area, involves onsite dewatering pumps, or (for redevelopment) reaches 10,000 square feet. Plans generally must be sealed by a Wisconsin-licensed Professional Engineer and address limits of disturbed and impervious area, ditch cross-sections, culvert sizes, watershed size, soil-loss calculations, seeding schedules and sequencing. 0 tons per acre per year and require BMPs installed before construction begins and maintained until final stabilization; temporary stabilization is required once land-disturbing work pauses for more than 14 calendar days.

Erosion control permit fees run $100 for permits that don't require a plan; where a plan is required, the Board of Public Works sets a cost-recovery fee, and non-metallic mining/industrial sites pay a flat $532 annual fee. 06(2) construction-site erosion permit while a residential building permit is active, though related activity like landscaping or driveway installation on those same sites is not exempt. 07 bans causing or permitting erosion or tracking dirt/sediment onto adjacent land, public streets or waters from ANY land, whether or not it is otherwise subject to the ordinance.

Violations & Fines

Conducting land-disturbing activity without a required erosion control permit under § 37.06(2) is fined $200 for a first offense at the site, $500 for a second, and $1,000 for a third or subsequent offense at that site. Conducting land-disturbing activity without a required stormwater management permit under § 37.06(3) carries the identical $200/$500/$1,000 escalating schedule. Permitting or causing erosion under § 37.07, including tracking or dropping dirt or sediment onto adjacent land, streets, or waters, is likewise fined $200 first offense, $500 second, and $1,000 for the third and each subsequent offense at that site.

Frequently Asked Questions

Do I need an erosion control permit to build a house in Madison?
One- and two-family dwellings regulated under the Wisconsin Uniform Dwelling Code are exempt from the § 37.06(2) construction-site erosion control permit while a residential building permit is in effect, per Madison General Ordinances § 37.06(4)(b)1. Related site work like landscaping or driveway installation on the same lot is not exempt.
How much does an erosion control permit cost in Madison?
If your project doesn't require a submitted plan, the fee is a flat $100 under § 37.11(1)(b)1. If a plan is required, the Board of Public Works sets a cost-recovery fee; nonmetallic mining and industrial sediment-control sites pay a flat $532 annually.
What happens if I track dirt onto the street from a job site?
Section 37.07 separately prohibits causing or permitting erosion or tracking dirt or sediment onto adjacent land, public streets, or bodies of water from any land, regardless of whether the site otherwise needs a permit. Fines run $200 for a first offense at the site up to $1,000 for a third or later offense.
What soil-loss limit must an approved erosion control plan meet?
Section 37.08(4)(b) requires plans to limit total off-site permissible annual aggregate soil loss from sheet and rill erosion on exposed areas to no more than 5.0 tons per acre per year, calculated with the U.S. Natural Resources Conservation Service Technical Guide or an equivalent method approved by the City Engineer.

Sources & Official References

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