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Sheboygan, WI Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified November 2026

Key Facts

Trigger
One or more acres, or 4,000 square feet of surface disturbance
Excavation or fill trigger
400 cubic yards or more
Sediment goal
80% reduction to the maximum extent practicable
Permit issuer
Department of Public Works/Engineering
Permit term
180 days or the building permit, whichever is longer
Forfeiture
$50.00 to $1000.00 plus costs, per violation
Appeal window
Twenty days to the Board of Zoning Appeals

Summary

In Sheboygan, Appendix D of the Municipal Code requires an approved erosion and sediment control plan and a permit from the Department of Public Works/Engineering before land disturbing work starts on a site of one or more acres, 4,000 square feet of surface disturbance, or 400 cubic yards of excavation or fill. Sites that include the construction of a building are carved out of this appendix.

(a) This ordinance applies to the following land developing or land disturbing construction activities within the boundaries and jurisdiction of the City of Sheboygan except as provided under sub. (b): (1) A construction site which has one or more acres of land disturbing construction activity; ... (4) Those activities involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing construction activity affecting surface area of four thousand square feet or more; (5) Those activities involving excavation or filling or a combination of excavation and filling affecting four hundred cubic yards or more of dirt, sand or other excavation of fill material; ... (b) This ordinance does not apply to the following: (1) Land disturbing construction activity that includes the construction of a building; ... No responsible party may commence a land disturbing construction activity subject to this ordinance without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Department of Public Works/Engineering.

Full Breakdown

Appendix D, the Construction Site Erosion Control Ordinance for Sheboygan, applies inside the city to a construction site with one or more acres of land disturbance, to any activity needing subdivision plat or certified survey map approval, to grading, excavation or land filling affecting four thousand square feet or more of surface, to excavation or fill of four hundred cubic yards or more, to street, highway, road or bridge work, and to underground pipe or facility work over three hundred feet or more. Section 2.1(c) also reaches a site of any size when the City Engineer judges that its runoff will exceed the safe capacity of existing drainage facilities or endanger property or public safety. Land disturbance that includes the construction of a building is excluded by Section 2.1(b)(1), as are agricultural and silviculture discharges, routine maintenance on sites under 5 acres, and state agency work.

The performance standard in Section 4.1 is a reduction of 80% of the sediment load carried in runoff, to the maximum extent practicable, with no one required to exceed 80%. Section 6.0 adds site rules: sediment that reaches a public or private road must be removed by street cleaning, not flushing, before the end of each workday; downstream storm drain inlets get a straw bale, filter fabric or equivalent barrier; disturbed ground left inactive for seven or more days must be stabilized, with seeding or sodding required from April 15th to September 15th; sites with ten or more acres disturbed at one time need sedimentation basins; and soil piles over ten cubic yards must stay at least twenty-five feet of downslope drainage length from a roadway or drainage channel.

The plan and permit steps sit in Sections 7.0 and 8.0. Sites of one or more acres file a full plan with a site map at one inch equals one hundred feet and five-foot contours; sites up to one acre file a plan statement with a simple map at building permit application. Public Works/Engineering reviews within forty-five days, and a permit runs one hundred eighty days or the life of the building permit, whichever is longer. Permit holders must notify the City within forty-eight hours of starting work and inspect controls within twenty-four hours after each rain of 0.5 inches or more. Section 7.0(d) points one- and two-family applicants to the fees in Section 26-38, which lists an erosion control permit and stormwater management administration fee for one- and two-family residential uses of 100.00; commercial, industrial and multi-family fees are set by Common Council resolution. The text is the Municode edition current to its 2023 update.

Violations & Fines

Under Section 10.0 the Building Inspector or City Engineer can post a stop-work order for work without a permit, a plan not implemented in good faith, or unmet permit conditions, and can revoke the permit if the site does not comply within twenty-four hours. The City can do the work itself forty-eight hours after a notice of intent and bill the owner, with unpaid amounts entered on the tax roll. Any violation carries a forfeiture of not less than $50.00 nor more than $1000.00 plus costs of prosecution, and each day is a separate offense.

Frequently Asked Questions

Does a house construction site need an Appendix D permit in Sheboygan?
Section 2.1(b)(1) says the ordinance does not apply to land disturbing construction activity that includes the construction of a building. Appendix D itself therefore reaches sites without a building, such as grading, road, utility and subdivision work. Check Section 7.0(d) and Section 26-38 for the building permit side, which carries an erosion control fee line.
How soon must bare ground be stabilized?
Section 6.0(a)(5)c.i requires all disturbed ground left inactive for seven or more days to be stabilized by seeding or sodding (required from April 15th to September 15th), mulching, covering or an equivalent control measure. Soil piles over ten cubic yards that stay more than seven days need mulch, vegetation, tarps or fence barriers.
Who inspects erosion controls, and how often?
Section 9.2 has the Building Inspector and/or City Engineer inspect construction sites at least once a month from March 1st through October 31st and at least two times from November 1st through February 28th. Under Section 9.1, Public Works/Engineering handles public projects and the right-of-way, and Building Inspection handles private land.
Can a Sheboygan erosion control decision be appealed?
Yes. Section 11.0 lets any aggrieved person, or any City officer, department, board or bureau affected, appeal a decision of the Building Inspector and/or City Engineer to the Board of Zoning Appeals within twenty days of the decision. The Board can also authorize variances where a literal reading causes unnecessary hardship. Cease and desist orders obtained under Section 10.0(c) are excepted.

Sources & Official References

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