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Ashwaubenon, WI Environmental Rules: Stormwater Management (2026)

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

Key Facts

Peak discharge cap
No higher than pre-development, 1-100 yr storms
Infiltration standard
60-90% of pre-development, by land use
Exempt
1-2 family homes disturbing under 1 acre
Maintenance agreement
Recorded with Brown County Register of Deeds
Alternate requirements
Sites under 20,000 sq ft impervious surface
Penalty
$100-$1,000 forfeiture per day
Enforced by
Village director of public works

Summary

Ashwaubenon requires a post-construction stormwater permit under Section 5-9-771 before any non-exempt land disturbing project can proceed. The rules cap peak runoff from post-development sites at pre-development rates for the 1-, 2-, 10- and 100-year storms and require best management practices that hold pollutant loads down long after construction ends, enforced by the director of public works with $100 to $1,000 forfeitures.

(1) The peak post-development discharge rate shall not exceed the peak pre-development discharge rate for the 1-year, 2-year, 10-year, and 100-year, 24-hour design storms. These peak discharge requirements apply to new development and redevelopment areas. ... (1) Permit required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the director prior to commencing the proposed activity. ... (9) Any person, firm, association, or corporation who does not comply with the provisions of this ordinance shall be subject to a forfeiture of not less than $100.00 dollars or more than $1,000.00 dollars per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

Full Breakdown

Section 5-9-771 is the Village's post-construction companion to its construction-site erosion ordinance, adopted under the same village authority in Wis. Stat. 354 and administered by the director of public works. It applies to essentially every post-construction site in Ashwaubenon unless the project is a one- or two-family home outside a larger development plan disturbing less than an acre, a non-point agricultural or silviculture discharge, or a mill-and-crush operation, though the director can still pull an otherwise exempt site back into the ordinance if its runoff threatens drainage capacity, causes channel erosion or endangers property.

For sites that need a permit, the storm water management plan must control peak discharge so the post-development rate does not exceed the pre-development rate for the 1-year, 2-year, 10-year and 100-year, 24-hour design storms, and must meet infiltration standards that vary by land use: at least 90 percent of pre-development infiltration volume for institutional, park, cemetery and low-density residential sites, 75 percent for multi-family, industrial, institutional and office park sites, and 60 percent for commercial strip malls, shopping centers and downtowns. A maintenance agreement recorded with the Brown County Register of Deeds binds future owners to the upkeep schedule set out in the plan, and the director may require a financial guarantee sized to the estimated construction and maintenance cost.

Applicants seeking an exemption or a permit for a site under 20,000 square feet of impervious surface disturbance can ask the director for alternative, less demanding submittal requirements. The ordinance is enforced the same way as its erosion control counterpart, through stop-work orders, permit revocation, cease and desist orders and injunctions.

Violations & Fines

Noncompliance draws a forfeiture of not less than $100 nor more than $1,000 per offense plus costs of prosecution under Section 5-9-771(M)(9), with each day of violation a separate offense. The director can post a stop-work order, revoke the permit, or refer the matter to the village attorney for a cease and desist order or injunction, and if a violation threatens property or state waters the director may enter the land, make emergency repairs, and bill the responsible party for the cost plus interest.

Frequently Asked Questions

Does Ashwaubenon require a stormwater permit for a new subdivision?
Yes, unless it is a one- or two-family home outside a larger development plan that disturbs less than an acre. Section 5-9-771(H)(1) bars starting land disturbing construction without a post-construction runoff permit, and the plan must control both peak discharge and long-term pollutant loads before the Village will issue one.
What standard does my stormwater plan have to meet?
Peak post-development discharge cannot exceed the pre-development rate for the 1-year, 2-year, 10-year and 100-year, 24-hour design storms. Infiltration volume requirements range from 60 percent of pre-development levels for commercial sites up to 90 percent for parks, cemeteries and low-density residential development, depending on land use.
Who has to maintain the stormwater facilities after construction is done?
Whoever the maintenance agreement names, whether the developer, a homeowners' association or the Village itself. Section 5-9-771(J) requires that agreement to be recorded with the Brown County Register of Deeds as a property deed restriction, so the maintenance duty binds every later owner of the land the facility serves.
What can the Village do if I ignore a stormwater violation?
The director of public works can post a stop-work order, revoke your permit, or send the matter to the village attorney for a cease and desist order or injunction. On top of that, Section 5-9-771(M)(9) sets a forfeiture of $100 to $1,000 per day the violation continues, plus prosecution costs.

Sources & Official References

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