Waukesha County, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Governing sections
- Waukesha County Code §§ 14-333(a), 14-340(a)2
- Permit trigger
- 3,000 sq ft disturbance or 400 cu yd fill
- Sediment standard
- Max 5 tons/acre/year (sheet and rill)
- Forfeiture
- $100-$1,000 per day (Sec. 14-345(b)1)
- Appeal body
- County Board of Adjustment (Wis. Stat. 59.694)
Summary
Waukesha County Code Sec. 14-333 requires a stormwater permit before any land-disturbing project in the unincorporated towns that disturbs 3,000 square feet or moves more than 400 cubic yards of soil, and Sec. 14-340 caps the sediment an erosion control plan may let escape at 5 tons per acre per year.
(a) Construction Site Erosion Control. Unless otherwise exempted under sub. (c) below, a stormwater permit under sec. 14-334 shall be required and all erosion control and other provisions of this ordinance shall apply to all proposed land disturbing activity that meets any of the following: 1. Disturbs a total land surface area of 3,000 square feet or more; or 2. Involves excavation or filling, or a combination of excavation and filling, in excess of 400 cubic yards of material... [Sec. 14-340(a)2] All erosion control plans shall by design, achieve to the maximum extent practicable, a runoff discharge of no more than 5 tons of sediment per acre per year from sheet and rill erosion during land disturbing activities, as compared with no sediment or erosion controls, until the site is stabilized.
Full Breakdown
The permit trigger and performance standard sit in Article VIII, Storm Water Management and Erosion Control, adopted under Wis. Stat. 33 and administered by the Land Resources Division (LRD) of the Department of Parks and Land Use (Sec. 14-330). Sec. 14-333(a) requires a stormwater permit under Sec. 14-334, and full compliance with the ordinance's erosion control provisions, for any land disturbing activity that disturbs 3,000 square feet or more of land surface, involves more than 400 cubic yards of excavation or fill, disturbs 300 feet or more of an underground utility trench or open channel, or that the LRD finds is likely to harm an environmentally sensitive area regardless of size.
Sec. " Sec. 14-333(c) exempts farming and forestry land disturbance, state and federal highway projects, private on-site waste disposal system work, and land already regulated under an equally strict outside program, on written LRD approval. This ordinance runs only where the county has jurisdiction: Sec. 14-331(a) applies it to all unincorporated county land unless a town board adopts its own DNR-compliant, equally strict erosion ordinance and notifies the LRD.
Violations & Fines
Starting land disturbing work before obtaining a stormwater permit, skipping the required 2-working-day advance notice to the LRD, or failing to install approved BMPs is a prohibited practice under Sec. 14-345(a). The LRD can respond with a written notice of violation, a stop-work order, permit revocation, an injunction, or a nuisance action, and Sec. 14-345(b)1 sets a forfeiture of not less than $100 nor more than $1,000 plus the cost of prosecution for each violation, with each day of noncompliance a separate offense.
Frequently Asked Questions
How big does a project have to be before it needs a county erosion permit?
What sediment limit does my erosion control plan actually have to meet?
Can I appeal if the LRD denies my erosion control permit?
Sources & Official References
Other rules in Waukesha County
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