Middleton, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- Over 4,000 sf disturbance or 400 cu yd cut/fill
- Soil loss cap
- 7.5 tons/acre/year
- Permit term
- 180 days, one 180-day extension
- Simplified plan
- Under 20,000 sf, slope under 6%
- Exempt
- UDC 1-/2-family sites, agriculture
- Enforcement
- City Engineer; appeals to WRMC
Summary
Middleton requires an Erosion Control Plan and land disturbing permit for construction disturbing more than 4,000 square feet, moving over 400 cubic yards, or grading slopes steeper than 12 percent, capping soil loss at 7.5 tons per acre per year under Chapter 28.
1.An area of land greater than four thousand (4,000) square feet; or2.A volume of excavation and/or filling greater than four hundred (400) cubic yards; or ... 3.Limit permissible annual cumulative net soil loss from a site, for exposed areas, to a maximum 7.5 tons per acre per year.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).
Full Breakdown
Chapter 28 applies to land disturbance exceeding 4,000 square feet, 400 cubic yards of excavation or fill, 400 feet of trench, a 12 percent grade, 100 feet of road ditch work, or any new road or driveway over 125 feet, as well as any subdivision plat (Section 28.04(1)(b)). One- and two-family construction sites regulated under the Wisconsin Uniform Dwelling Code and agricultural activity are exempt (Section 28.04(3)). An approved Erosion Control Plan must prevent gully and bank erosion, stop mud-tracking onto public streets, and hold cumulative annual soil loss on exposed areas to 7.5 tons per acre per year, calculated with the Universal Soil Loss Equation (Section 28.06(1)).
Projects disturbing 20,000 square feet or less, away from sensitive areas, on slopes under 6 percent, can use a Simplified Erosion Control Plan instead (Section 28.07). The City Engineer must review a complete application within 60 days, and a land disturbing permit is valid up to 180 days, extendable once for another 180 days at the City Engineer's discretion (Section 28.08(2), (4)). Permittees must notify the City Engineer 48 hours before starting work, inspect their own controls weekly and after every half-inch rain, and clean up any mud tracked onto public streets by day's end (Section 28.08(6)). A surety bond or letter of credit may be required to guarantee the plan's completion (Section 28.08(5)).
Violations & Fines
Beginning land disturbance without an approved plan, or failing to correct noncompliance within 24 hours of the City Engineer's notice, results in a posted stop work order; continued noncompliance can revoke the permit (Section 28.09(4)-(5)). The City Engineer may then perform remedial work and bill the owner as a special charge. Violators also face forfeiture under Section 30.04 and injunctive relief under Wis. Stat. Section 62.23(8), without first needing a forfeiture conviction.
Frequently Asked Questions
Does building a single-family home in Middleton need an erosion control permit?
How much soil loss does Middleton allow during construction?
How long does a Middleton land disturbing permit last?
Sources & Official References
Other rules in Middleton
Compare Middleton to another location·View the Wisconsin environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Erosion Control in Nearby Cities
How other cities in Dane County handle erosion control.