New Berlin, WI Environmental Rules: Stormwater Management (2026)
Key Facts
- Adopted under
- § 62.234, Wis. Stats.
- Applies to
- 1+ acre of land-disturbing construction activity
- Administered by
- City of New Berlin directly
- Enforcement notice
- Certified mail to the responsible party
- Penalty
- $500-$1,000 forfeiture per offense, per day
Summary
New Berlin regulates post-construction runoff under City Code § 275-55.1, adopted under Wis. Stat. § 62.234. The section applies to construction sites of one acre or more of land-disturbing activity and carries a forfeiture of $500 to $1,000 per offense, with each day of violation a separate offense.
A.Authority.(1)This section is adopted by the City of New Berlin under the authority granted by § 62.234, Wis. Stats. ... D.Applicability and jurisdiction.(1)Applicability.(a)Where not otherwise limited by law, this section applies after final stabilization to a site of land-disturbing construction activity meeting any of the criteria in this paragraph, unless the site is otherwise exempt under Subsection D(1)(b).[1]A post-development construction site that has one or more acres of land-disturbing construction activity. ... M.Enforcement.( ... 9)Any person, firm, association, or corporation who does not comply with the provisions of this section shall be subject to a forfeiture of not less than $500 or more than $1,000 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).
Full Breakdown
234, Wis. 23, Wis. 1 A(1)). 1 A(3), B). 1 D(1)). Sites above that acreage threshold must meet infiltration standards that scale with how much of the site becomes impervious after construction; higher-density and commercial development with more connected imperviousness carries a lower required infiltration volume, but every covered project has to hold back a defined share of its post-development runoff. Fees for review and permitting are set by City resolution and kept on file at City Hall. Enforcement is the City's own: New Berlin notifies a noncomplying responsible party by certified mail, and can refer continued noncompliance to the Municipal Attorney. 1 M).
Violations & Fines
Land-disturbing construction activity or post-construction runoff on a covered site, undertaken without meeting § 275-55.1's infiltration and runoff standards, is a violation once the City notifies the responsible party by certified mail. The penalty is a forfeiture of not less than $500 nor more than $1,000 per offense plus costs of prosecution, with each day of continuing violation charged as a separate offense, and the City may also seek injunctive relief.
Frequently Asked Questions
What size project triggers New Berlin's stormwater ordinance?
What's the penalty for violating New Berlin's stormwater management ordinance?
Sources & Official References
Other rules in New Berlin
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Stormwater Management in Nearby Cities
How other cities in Waukesha County handle stormwater management.