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Portage County, WI Environmental Rules: Erosion Control (2026)

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

These county ordinances apply to unincorporated areas of Portage County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
The Portage County Planning and Zoning Department reviews the storm water management and construction site erosion control plan required by § 7.4.6(4), which the subdivider must submit at the sketch plat stage for any major subdivision, county plat, or minor subdivision in the unincorporated towns.
Does a private engineer have to sign off on the plan?
Yes, unless the Planning and Zoning Department authorizes otherwise. Section 7.4.6(4)(a) requires the storm water management plan to carry the signature and seal of a registered professional engineer, and an engineer or certified surveyor must oversee installation of the approved storm water features on site.
What happens if a developer ignores the erosion-control requirement?
Under § 7.4.12, failing to comply with the subdivision article's erosion-control and storm water provisions is punishable by a fine of $50.00 to $1,000.00 plus court costs, or up to six months in the county jail if unpaid, with each additional day of violation treated as a new offense.

Sources & Official References

Other rules in Portage County

All Portage County rules

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