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

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

Key Facts

Governing chapter
Walworth County Code Ch. 26, Art. II
Enforcing agency
Walworth County Land Conservation Division
Disturbance trigger
4,000 sq. ft. or 400 cubic yards
Waterway trigger
within 1,000 ft of a lake
Inspection frequency
within 24 hrs of 0.5-inch rain, weekly
Notice requirement
48 hours before starting and after completion

Summary

Walworth County requires a construction site erosion and sediment control permit before most land-disturbing construction in the unincorporated county under Code Chapter 26, Article II, triggered once grading, clearing or excavation reaches 4,000 square feet or comes within 1,000 feet of a lake. The Land Conservation Division reviews the plan and can shut a site down for noncompliance.

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

(b)Applicability. ... Unless otherwise exempted under subsection (c), this ordinance shall apply to the following activities: ... (2)Those involving grading, removal of protective ground cover or vegetation, excavations, land filling, demolition, or other land disturbing construction activities affecting a surface area of 4,000 square feet.(3)Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of soil, sand or other excavation or fill material ... (6)Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or land disturbing construction activities within 1,000 feet of a lake, or within 300 feet from any navigable waterway, including construction for a one- and two-family dwelling.

Full Breakdown

Walworth County's Construction Site Erosion and Sediment Control Ordinance, Chapter 26, Article II, was adopted under Wis. Stats. §§ 59.693, 59.70, 92.07(15) and 236.45, plus § 101.1206 for public buildings and places of employment, and is administered by the Walworth County Land Conservation Division. Sec. 26-35(b) triggers the permit requirement at several thresholds: grading, clearing or other land-disturbing activity affecting 4,000 square feet; excavation or filling of 400 cubic yards or more; construction of public or private streets, driveways, airstrips or bridges; disturbance of 300 or more linear feet of an underground pipe, utility or open channel; and any land-disturbing activity within 1,000 feet of a lake or 300 feet of a navigable waterway, which reaches even a one- or two-family dwelling built that close to water.

Exemptions cover routine plowing, planting and harvesting, private on-site wastewater system installation under Chapter 70, work by a state or federal agency within its own project boundaries, and construction of a one- or two-family home outside shoreland and floodplain areas that disturbs less than an acre, which instead falls under Chapter 26, Article III. A landowner applies to the Land Conservation Division with an erosion and sediment control plan and fee; Sec. 26-63 gives the Division 30 days to approve or request more information. Sec. 26-65 requires the landowner to notify the Division within 48 hours of starting and finishing work, inspect controls within 24 hours of any half-inch rain and at least weekly, and keep the approved plan on site.

Retaining walls and pond construction regulated under the county's shoreland zoning code, Chapter 74, also need an erosion-control permit under this article before work starts.

Violations & Fines

Sec. 26-68 lets the Land Conservation Division issue a notice to comply, post a stop-work or cease-and-desist order, and refer the site for an ordinance citation and forfeiture under Chapter 14, with each day of continued violation a separate offense. The County can also enter the land, complete the required work itself, and bill the cost to the landowner as a special tax-roll assessment under Wis. Stats. § 66.0701.

Frequently Asked Questions

How much land disturbance requires an erosion control permit in Walworth County?
Sec. 26-35(b) sets the trigger at 4,000 square feet of grading, clearing or excavation, 400 cubic yards of cut or fill, or any land-disturbing activity within 1,000 feet of a lake or 300 feet of a navigable waterway, which can pull in even a single-family home built that close to the water.
Is building a house on a large rural lot exempt from the erosion permit?
Only if it sits outside shoreland and floodplain areas and disturbs less than an acre, in which case Sec. 26-35(c)(5) sends it to the separate one- and two-family dwelling standards in Chapter 26, Article III instead of this permit.
How often must erosion controls be inspected during construction?
Sec. 26-65(a)(7) requires the landowner or responsible party to inspect erosion and sediment control measures within 24 hours after any rainfall of half an inch or more, and at least once a week regardless, logging the date, inspector and site conditions each time.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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