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Middleton, WI Environmental Rules: Erosion Control (2026)

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

View official code

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

04(1)(b)). 04(3)). 06(1)). 07). 08(2), (4)). 08(6)). 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?
No. Section 28.04(3)(a) exempts one- and two-family construction sites regulated under the Wisconsin Uniform Dwelling Code, though the City still enforces UDC erosion requirements on those sites separately.
How much soil loss does Middleton allow during construction?
Section 28.06(1)(a)3 caps cumulative annual net soil loss on exposed areas at 7.5 tons per acre per year, calculated using the Universal Soil Loss Equation or an equivalent method approved by the City Engineer.
How long does a Middleton land disturbing permit last?
Up to 180 days from issuance, with one discretionary 180-day extension available from the City Engineer under Section 28.08(4) if the work isn't finished.

Sources & Official References

Other rules in Middleton

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