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Fitchburg, WI Environmental Rules: Stormwater Management (2026)

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

Key Facts

Permit trigger
20,000 sq. ft. new impervious surface
Infiltration standard
At least 90% of pre-development volume
Sediment control
80% total suspended solids reduction, new development
Review time
15 business days, city engineer
Penalty
$25 to $1,000 forfeiture (§ 1-21)

Summary

Fitchburg requires a stormwater control permit once a project adds 20,000 square feet of impervious surface, involves a subdivision plat, or counts as redevelopment. The approved plan must hold post-development groundwater infiltration to at least 90 percent of what the site infiltrated before it was built on.

Unless otherwise exempted by section 30-24, a stormwater control permit under section 30-26 shall be required and all stormwater management provisions of this article shall apply to any of the following activities within the city:(1)Any development after August 22, 2001, that results in the cumulative addition of 20,000 square feet of impervious surface to the site;(2)Any development that requires a subdivision plat or certified survey map as defined in applicable local land division ordinances;(3)Redevelopment, as defined in section 30-20; ... a.Residential development. For both residential and non-residential developments, design practices to infiltrate sufficient runoff volume so that post-development infiltration volume shall be at least 90 percent of the pre-development infiltration volume, based upon average annual rainfall.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Fitchburg City Code § 30-23 requires a stormwater control permit under § 30-26 for any development after August 22, 2001 that cumulatively adds 20,000 square feet of impervious surface; any development needing a subdivision plat or certified survey map; redevelopment as defined in § 30-20 (construction or alteration disturbing more than 4,000 square feet on a predominantly commercial, industrial, institutional or multifamily site); or other land activity the city engineer determines could significantly increase downstream runoff, flooding, erosion or pollution. Once a permit is triggered, § 30-28's performance standards require, among other things, sediment control that reduces total suspended solids leaving the site by 80 percent for new development (or retains particles greater than five microns during a one-year, 24-hour storm); runoff rate control holding post-development peak flows at or below pre-development rates for the one-year, two-year, ten-year and 100-year, 24-hour storm events; and, under § 30-28(b)(6)a, infiltration practices designed so post-development infiltration volume equals at least 90 percent of the pre-development infiltration volume based on average annual rainfall.

Section 30-28(b)(6)e bars infiltration systems entirely in defined high-risk areas, including within 1,000 feet up-gradient of direct groundwater conduits and within 400 feet of a community water system well. Applicants submit plans to the city engineer under § 30-26, with a 15-business-day review, a required maintenance agreement recorded with the county register of deeds for privately owned facilities, and annual maintenance reporting under § 40-896. Variances from the numeric standards require the city engineer, after consulting the county conservationist, to find genuine unnecessary hardship under § 30-31(b).

Violations & Fines

A stormwater management violation is enforced the same way as an erosion control violation, under § 30-26(i): a forfeiture under the city's forfeiture schedule, defaulting to the general penalty of $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for a repeat offense within a year under § 1-21(b), with each day of noncompliance a separate offense. The city engineer can post a stop work order, and the permittee remains liable for all restoration costs.

Frequently Asked Questions

What triggers a stormwater permit for a Fitchburg project?
Section 30-23 requires a stormwater control permit once a development cumulatively adds 20,000 square feet of impervious surface, needs a subdivision plat or certified survey map, qualifies as redevelopment under § 30-20, or the city engineer determines it could significantly increase downstream runoff, flooding or erosion.
How much stormwater has to soak back into the ground on my site?
Under § 30-28(b)(6)a, your stormwater management plan has to be designed so post-development infiltration reaches at least 90 percent of what the site infiltrated before development, based on average annual rainfall, unless your project falls into one of the specific exemptions in § 30-24(c).
Are there places in Fitchburg where I can't install an infiltration system?
Yes. Section 30-28(b)(6)e bars infiltration systems in defined high-risk areas, including within 1,000 feet up-gradient of a direct conduit to groundwater, within 400 feet of a community water system well, and at tier 1 or tier 2 industrial storage, loading, fueling or vehicle maintenance areas.

Sources & Official References

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