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Waukesha, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

Sediment discharge cap
5 tons per acre per year
Applies to plans filed after
January 1, 2013
BMP installation timing
Before land disturbance begins
Enforcing office
Director of Public Works (Authority)
Forfeiture range
$100 to $500 per violation

Summary

Waukesha requires an erosion control plan for qualifying land-disturbing construction, capping sediment discharge at 5 tons per acre per year and requiring BMPs to be installed before grading starts. The Director of Public Works reviews and enforces the plan.

All erosion control plans submitted after 1/1/2013 shall by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization... ... If BMP(s) cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable. Erosion and sediment control BMP(s) must be constructed or installed before land disturbing construction begins.

Full Breakdown

09 sets the performance standard for construction-site erosion control under Chapter 32's storm water permit program. Any erosion control plan submitted after January 1, 2013 must be designed to discharge no more than 5 tons of sediment per acre per year, or to the maximum extent practicable, measured from initial grading through final site stabilization. If best management practices cannot meet that standard, the applicant must submit a written, site-specific explanation of why and describe how the sediment load will still be minimized to the extent practicable.

Erosion and sediment control BMPs must be constructed or installed before land-disturbing construction begins, not after problems appear. The section lays out guiding principles requiring plans to fit grading to the site's terrain, avoid steep slopes, wetlands, floodplains and environmental corridors, phase construction to limit how long soil stays exposed, minimize compaction and vegetation loss, and locate BMPs before runoff leaves the site. Specific plan requirements in subsections 1 through 17 cover access drives and construction-vehicle tracking pads, diversion of upslope runoff away from the disturbed area, and other named control measures; the Authority (the Director of Public Works) may require stricter measures than the minimum list where an environmentally sensitive area needs added protection.

07 for land disturbances exceeding 3,000 square feet, 400 cubic yards of cut or fill, or 300 feet of utility trenching, so a site plan and construction-vehicle access plan must be on file with the Department before earth-moving starts. 14, not a separate erosion-only penalty schedule.

Violations & Fines

Erosion control violations are enforced under §32.14 alongside all Chapter 32 violations: the Authority issues a written notice describing the deficiency and a compliance schedule, then may impose a forfeiture of not less than $100 nor more than $500 per violation with each day counted separately, order a stop-work order halting construction except for corrective work, revoke the storm water permit, or take emergency corrective action and bill the cost to the permit holder's financial assurance if the erosion poses an immediate threat to downstream property.

Frequently Asked Questions

What sediment limit applies to construction sites in Waukesha?
Erosion control plans submitted after January 1, 2013 must be designed to discharge no more than 5 tons of sediment per acre per year, or to the maximum extent practicable, measured from initial grading to final site stabilization, under §32.09.
When must erosion control measures be installed on a Waukesha construction site?
Before land-disturbing construction begins. Section 32.09 states that erosion and sediment control best management practices must be constructed or installed before the work starts, not added after grading is underway.
What if a site cannot meet the sediment performance standard?
The erosion control plan must include a written, site-specific explanation of why the standard cannot be met and describe how the sediment load will still be reduced to the maximum extent practicable, per §32.09.

Sources & Official References

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