Skip to main content
CityRuleLookup

New Berlin, WI Environmental Rules: Erosion Control (2026)

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

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

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?
Yes. City Code § 275-55.2 I(1) bars any responsible party from starting a covered land-disturbing construction activity without first getting City approval of an erosion and sediment control plan and a permit from the City of New Berlin, regardless of the size of the disturbed area.
What standards does New Berlin use to approve an erosion control plan?
Best management practices must meet design criteria drawn from Wisconsin DNR guidance under Subchapter V of NR 151, Wisconsin Administrative Code, soil-loss prediction tools, or other technical standards the City Engineer approves, under § 275-55.2 F.

Sources & Official References

Other rules in New Berlin

All New Berlin rules

Compare New Berlin to another location·View the Wisconsin environmental rules overview

Get notified when Erosion Control in New Berlin, WI changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

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 Waukesha County handle erosion control.

Waukesha, WI
Some Restrictions