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Jefferson County, WI Environmental Rules: Stormwater Management (2026)

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

Key Facts

Who must comply
Subdividers of new plats
Facilities required
Curbs, catchbasins, storm sewers, ditches, channels
Design standard
Set by the county engineer
Large sewer cost
Prorated over 24-inch diameter
Approval gate
No construction before plat approval

Summary

Jefferson County Code § 16-35(e) requires anyone platting a new subdivision to build stormwater drainage facilities, which may include curbs and gutters, catchbasins, storm sewers, road ditches and open channels, sized and graded to the county engineer's specifications before development proceeds.

These county ordinances apply to unincorporated areas of Jefferson County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(e)Stormwater drainage facilities. The subdivider shall construct stormwater drainage facilities, which may include curbs and gutters, catchbasins and inlets, storm sewers, road ditches and open channels, as may be required.(1)All such facilities are to be of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, the type of facility required, the design criteria and the sizes and grades to be determined by the engineer. Storm drainage facilities shall be so designed as to present no hazard to life or property; and the size, type, and installation of all stormwater drains and sewers proposed to be constructed shall be in accordance with the plans and standard specifications approved by the engineer.(2)If greater than 24-inch diameter sewers are required to handle the contemplated flows, the cost of such larger sewers shall be prorated in proportion to the ratio which the total area of the proposed plat is to the total drainage area to be served by such larger sewer, and the excess cost either borne by the county board of supervisors or assessed against the total tributary drainage area.

Full Breakdown

Section 16-35, part of the subdivision-platting article in Chapter 16, requires subdividers to install the "required improvements" the county specifies before development proceeds: grading (§ 16-35(b)), street surfacing (§ 16-35(c)) and, for stormwater specifically, § 16-35(e)'s drainage facilities. " If the required stormwater sewers exceed 24 inches in diameter to handle the contemplated flow, § 16-35(e)(2) prorates the extra cost between the subdivider and either the county board or the broader tributary drainage area, so a developer is not always responsible for the full cost of oversized drainage infrastructure.

The related design-standards section, § 16-34(i)(2), separately requires a subdivision traversed by a watercourse or drainageway to include an adequate drainage easement approved by the engineer, and directs that "stormwater drainage shall be maintained by landscaped open channels of adequate size and grade" where necessary. Because § 16-36(a) bars any construction or installation of improvements until the preliminary plat is approved and the engineer authorizes work in writing, a subdivider cannot install stormwater facilities, or receive a building permit under § 16-36(b), ahead of that approval. Enforcement runs through the county's plat-approval process rather than a standalone stormwater permit or fine.

Violations & Fines

There is no separate stormwater fine in this article; the county controls compliance by withholding plat and construction approval. Under § 16-36, no construction or installation of subdivision improvements, including stormwater facilities, may begin until the preliminary plat is approved and the engineer authorizes work in writing, and no building permit issues until the required improvements are met.

Frequently Asked Questions

Does Jefferson County require stormwater drainage for new subdivisions?
Yes. Section 16-35(e) requires the subdivider to construct stormwater drainage facilities, which may include curbs and gutters, catchbasins, storm sewers, road ditches and open channels, sized and designed by the county engineer to safely handle the maximum potential flow.
Who pays for oversized stormwater sewers in a Jefferson County subdivision?
If sewers larger than 24 inches in diameter are needed, § 16-35(e)(2) prorates the extra cost between the subdivider and the county board or the wider tributary drainage area, rather than charging the full cost to the developer.
Can I start grading before my stormwater plan is approved?
No. Section 16-36(a) bars any construction or installation of subdivision improvements, including stormwater facilities, until the preliminary plat is approved and the county engineer gives written authorization.
Does this stormwater rule apply outside new subdivisions?
Section 16-35 is written for subdivision improvements; the related design-standards section, § 16-34(i)(2), separately requires a drainage easement approved by the engineer wherever a subdivision is crossed by a watercourse or drainageway.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

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