New Berlin, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Adopted under
- § 62.234, Wis. Stats.
- Applies to
- Any construction site, with listed exemptions
- Permit required
- Erosion/sediment control plan approval, before starting work
- Technical standard
- WDNR NR 151 design guidance or approved equivalent
- Penalty
- $500-$1,000 forfeiture per violation, per day
Summary
New Berlin requires an approved erosion and sediment control plan and City permit before any covered land-disturbing construction activity begins. City Code § 275-55.2 I(1) sets the permit requirement, and violations carry a forfeiture of $500 to $1,000 per offense under subsection I(6).
D.Applicability and jurisdiction.(1)Applicability.(a)This section applies to any construction site except as provided under Subsection D(1)(b). ... I.Permitting requirements, procedures and fees.(1)Permit required. No responsible party may commence a land-disturbing construction activity subject to this section without receiving prior approval of an erosion and sediment control plan for the site and a permit from the City of New Berlin. ... (6)Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than $500 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.
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
234, Wis. 23, Wis. 2 A(1)). 2 B). 2 D(1)). 2 G. 2 I(1)). Technical standards for the required best management practices draw on Wisconsin DNR design guidance under NR 151, Wis. Adm. 2 F). 2 I(6)-(7)).
Violations & Fines
Starting land-disturbing construction activity without an approved erosion and sediment control plan and City permit under § 275-55.2 I(1) is a violation regardless of site size. The penalty is a forfeiture of not less than $500 nor more than $1,000 plus costs of prosecution for each violation, with each day counted as a separate offense, and the City may also pursue an injunction without first seeking a forfeiture.
Frequently Asked Questions
Do I need a permit before disturbing land at a New Berlin construction site?
What standards does New Berlin use to approve an erosion control plan?
Sources & Official References
Other rules in New Berlin
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Erosion Control in Nearby Cities
How other cities in Waukesha County handle erosion control.