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Wauwatosa, WI Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit trigger
4,000 sq ft of land disturbance
Sediment limit
5 tons per acre per year
Enforcing agencies
Engineering Services & Building and Safety Divisions
Penalty
$100-$1,000 forfeiture per day of violation
Appeal body
Board of Public Works, 15-day window
Adopted
Ord. O-16-15, 5/3/2016

Summary

Wauwatosa requires an erosion control permit and plan for any land-disturbing construction activity of 4,000 square feet or more, or projects moving 400+ cubic yards of dirt. Best management practices must hold sediment discharge to 5 tons per acre per year. Violators face a forfeiture up to $1,000 per day.

This section is adopted under the authority granted by Section 62.234, Wisconsin Statutes for cities. ... Any land disturbing construction activity of four thousand square feet or more; ... BMPs that, 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. ... Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than one hundred dollars nor more than one thousand dollars and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

Full Breakdown

030, adopted under Wis. 234, regulates construction-site erosion and sediment discharge citywide. The permit requirement is triggered by any land-disturbing activity of 4,000 square feet or more, subdivision or certified-survey-map development, excavation or filling of 400 cubic yards or more, utility trenching runs of 300 feet or more, or any disturbance on slopes of 12 percent or more. Small transportation-facility maintenance, agricultural and silviculture activity, and routine maintenance on sites under five acres are exempt, but the Development Department can still reach any site whose runoff threatens drainage capacity or public safety.

Applicants must file an erosion control plan and pay the fee set in the city's consolidated fee schedule before work begins; plans covering an acre or more must include a site map, construction sequencing, soil data and calculations proving compliance with the sediment standard. The core performance standard caps sediment discharge at 5 tons per acre per year, or the maximum extent practicable if that figure cannot be met, and requires tracking controls, dewatering treatment, storm-inlet protection, and stabilization of disturbed ground left inactive seven days or more.

Sites of ten or more disturbed acres need a constructed sediment basin; smaller sites use filter fences or equivalent barriers. The Engineering Services Division reviews plans and the Building and Safety Division issues permits and enforces the section, with authority to post stop-work orders, revoke permits, and seek a court cease-and-desist order. Appeals of Engineering Services or Building and Safety decisions go to the Board of Public Works within fifteen days. The section was adopted by Ord. O-16-15, pt. I, on 5/3/2016 and amended by Ord. O-16-39, pts. I and II, on 12/6/2016.

Violations & Fines

Anyone violating Section 24.13.030 faces a forfeiture of not less than $100 nor more than $1,000 plus prosecution costs, with each day of continued violation counted as a separate offense. The Building and Safety Division may also post a stop-work order, revoke the permit, or ask the city attorney to obtain a court cease-and-desist order, and compliance can be enforced by injunction without first pursuing a forfeiture action.

Frequently Asked Questions

When do I need an erosion control permit in Wauwatosa?
Any land-disturbing construction activity of 4,000 square feet or more triggers the requirement, as do subdivision or certified-survey-map lot development, excavation or filling of 400 cubic yards or more, utility trenching of 300 feet or more, and disturbance on slopes of 12 percent or more, per Wauwatosa Municipal Code § 24.13.030.
How much sediment can a Wauwatosa construction site discharge?
Best management practices must be designed so the site discharges no more than 5 tons of sediment per acre per year, or the maximum extent practicable if that goal is not achievable, under § 24.13.030.
What happens if I disturb land without a permit?
The Building and Safety Division can post a stop-work order and, if work continues, seek a court cease-and-desist order or revoke any permit issued. Violators also face a forfeiture of $100 to $1,000 per day, plus prosecution costs, under § 24.13.030.
Who administers erosion control permits in Wauwatosa?
The Engineering Services Division reviews and approves erosion control plans, while the Building and Safety Division issues permits and enforces compliance on site, per Wauwatosa Municipal Code § 24.13.030.

Sources & Official References

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