Winnebago County, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger
- 1 acre or 15,000 sq ft impervious
- Standard
- Match pre-settlement peak runoff
- Fine
- $500-$1,000 per offense
- Scope
- Unincorporated county only
- Distinct from
- Section A erosion permit
Summary
Winnebago County requires a stormwater management permit before grading or land development that disturbs one acre or adds more than 15,000 square feet of new impervious surface in the unincorporated county.
A permit shall be required for all construction sites with one acre or more of land disturbance, and to
sites of less than one acre if they are a part of a larger common plan of development or sale. A permit shall be required
for land development or redevelopment which increases impervious surfaces greater than 15,000 square feet. The total
area of imperious surfaces shall be considered within the area of the parcel(s). Land development activities generally fall
into the following categories: commercial, industrial, platted subdivisions, or single lot activities. Stormwater plans for
commercial, industrial, subdivisions, will require more detailed information generally provided by an engineer whereas,
single lot activities normally will require non-engineered plans. Minor land development activities such as the
construction of a fence, minor landscaping, or construction of minor structures (10 x 10 or smaller) may be considered
exempt from permit requirements if the administering authority determines that no, or very minimal, adverse impacts
will result. The determination of impact shall be based, without limitation, upon criteria such as ponding of water,
backing up of water, or a threat to neighboring properties.
(2) PERMIT APPLICATION AND FEE. Unless specifically excluded by this ordinance, any land owner or operator
desiring a permit shall submit to the administering authority a permit application made on a form provided by the
Full Breakdown
Section B of § 23.15 requires a permit from the Planning & Zoning Department before grading or draining land for commercial, industrial, subdivision, or single-lot development that disturbs one acre or more, or adds over 15,000 square feet of impervious surface. The stormwater management plan must hold post-development peak runoff at or below pre-settlement rates for the 1-, 2-, 10-, and 100-year storms, and the administering authority can require a maintenance agreement and financial guarantee. This permit is separate from the Section A construction-erosion permit and applies only in the unincorporated county, not the cities of Oshkosh, Neenah, or Menasha.
Violations & Fines
Noncompliance draws a forfeiture of $500 to $1,000 per offense plus prosecution costs, with each day of violation a separate offense; the county may post a stop-work order or seek a court injunction.
Frequently Asked Questions
How is this different from the erosion control permit?
What size project needs a stormwater permit?
Sources & Official References
Other rules in Winnebago County
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