Portage County, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Plan required for
- Major subdivisions, county plats, minor subdivisions
- Engineer requirement
- Sealed by registered professional engineer
- Design storm
- 25-year storm, minimum runoff curve number 60
- State standard incorporated
- Wisconsin Admin. Code ch. NR 151
- Penalty
- $50-$1,000 fine, up to 6 months jail
Summary
Portage County requires a storm water management and erosion-control plan before any major subdivision, county plat, or minor subdivision breaks ground in the unincorporated towns, sealed by a registered professional engineer and built to meet Wisconsin's statewide construction-site standards.
(4)Storm Water Management and Construction Site Erosion Control.(a)General Requirements: A storm water management plan shall be provided by the subdivider, at the determination of the Planning and Zoning Department. ... Storm water management plans shall be submitted over the signature and seal of a registered professional engineer, unless authorized otherwise by the Planning and Zoning Department. ... The development is also required to meet all appropriate construction site and post-construction performance standards included in Wisconsin State Code Chapter NR 151, as well as any other applicable state or federal requirements.
Full Breakdown
Portage County Code § 7.4.6(4) requires the subdivider of a major subdivision, county plat, or minor subdivision to submit a storm water management plan to the Planning and Zoning Department, timed to the sketch plat submission, before construction disturbs the site. Subsection (a) requires the plan carry the signature and seal of a registered professional engineer unless the Department authorizes otherwise, and a professional engineer or certified surveyor must oversee installation of the storm water features shown on the approved plans; the subdivider remains responsible for building to the approved design until 'as built' conditions are certified and accepted by the governing town and county.
Beyond the county's own review, § 7.4.6(4)(a) folds in a state floor: the development must also meet the construction-site and post-construction performance standards of Wisconsin Administrative Code ch. NR 151, plus any other applicable state or federal requirement, written into the plan the county reviews. Section 7.4.6(4)(b) adds design substance, directing the runoff-control plan to account for site conditions such as steep slopes, high water tables, and shallow soils, to size facilities like diversions, detention and retention ponds, and infiltration basins to a 25-year storm event using a minimum runoff curve number of 60, and to favor low-grade side slopes in basin design for public safety.
The same Improvements article separately requires surface water management under § 7.4.6(6) for the prevention of erosion and flooding, again submitted at the sketch-plat stage. A plat found unsuitable for building because of soil conditions cannot be approved unless the applicant wins an appeal under § 7.9.2(3).
Violations & Fines
Portage County Code § 7.4.12 makes any refusal or neglect to comply with the subdivision article, including its erosion-control requirements, punishable by a fine of not less than $50.00 nor more than $1,000.00 plus the costs of the action, with imprisonment in the county jail of one day to six months if the fine and costs go unpaid; each day the violation continues counts as a separate offense, enforced by the County Board through the Planning and Zoning Department.
Frequently Asked Questions
Who reviews erosion control plans for new subdivisions in Portage County?
Does a private engineer have to sign off on the plan?
What happens if a developer ignores the erosion-control requirement?
Sources & Official References
Other rules in Portage County
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