Milwaukee, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- Over 100 cubic yards moved
- Issuing office
- Commissioner of city development
- Drainage rule
- No blocking natural drainage ways/swales
- Zoning trigger
- Special use permit if fence-height exceeded
- Penalty
- $150-$5,000 per violation per day
Summary
Milwaukee requires a city permit before filling or grading any lot beyond 100 cubic yards, and bars blocking natural drainage ways or swales during the work.
289-3. Filling Permits. 1. PERMIT REQUIRED. No person may fill or grade any lot, tract or parcel of land without first obtaining a permit from the commissioner of city development. However, no permit shall be required whenever excavation, filling or grading is performed in conjunction with a construction project for which the department has issued a permit... Further, no permit shall be required when the total amount of material does not exceed 100 cubic yards.
Full Breakdown
Milwaukee Code of Ordinances § 289-3 requires anyone who fills or grades a lot, tract or parcel of land to obtain a permit from the commissioner of city development, unless the total material moved is 100 cubic yards or less, or the work ties into an already-permitted construction project whose approved plans include the final grade and stay under 500 cubic yards. Section 289-5 bars blocking natural drainage ways or swales during filling and requires an erosion-control permit under Chapter 290 for the fill site. Filling that raises the grade above the zoning district's fence-height limit also triggers a special use permit from the board of zoning appeals under § 295-419. Violations carry the § 200-19 forfeiture of $150 to $5,000 per violation per day.
Violations & Fines
Filling or grading without a permit, exceeding the plan, or blocking a drainage way can bring a stop-work order plus a $150-$5,000 forfeiture per violation per day under § 200-19, with jail as a fallback for nonpayment.
Frequently Asked Questions
Does every grading project in Milwaukee need a permit?
Can I fill over a drainage swale on my lot?
Sources & Official References
Other rules in Milwaukee
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Erosion Control in Nearby Cities
How other cities in Milwaukee County handle erosion control.