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

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

Key Facts

Governing chapter
Walworth County Code Ch. 26, Art. I
Enforcing agency
Walworth County Land Conservation Division
Permit trigger
0.5+ acres new impervious surface or 1+ acre disturbed
TSS reduction target
80% for new/infill development
Late-start penalty
double permit fee
Review timeline
30 days per application

Summary

Walworth County's Storm Water Management Ordinance, Chapter 26 Article I, requires a permit from the Land Conservation Division before most land-disturbing or land-development activity in the unincorporated county, covering everything from new subdivisions to sites adding a half-acre of impervious surface. Starting work before the permit issues doubles the application fee.

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

(a)Storm water permit required. No landowner or responsible party can commence a land disturbing or land development activity subject to this ordinance without receiving a storm water management permit from the Walworth County Land Conservation Division. ... (2)A double permit fee shall be charged by the Walworth County Land Conservation Division if land disturbing or construction activities are started before a permit is applied for and issued. Such double fee shall not release the landowner from full compliance with this ordinance or from prosecution for violation of this ordinance.

Full Breakdown

Walworth County's Storm Water Management Ordinance, codified at Chapter 26, Article I, was adopted by the County Board under Wis. Stats. §§ 59.693, 92.07(15) and 236.45 to meet the state's post-construction runoff objectives in Wis. Stats. § 281.33. The Board designated the Walworth County Land Conservation Division, part of the Land Use and Resource Management Department, to administer and enforce it. Sec. 26-12(a) makes clear no landowner or responsible party may commence a land-disturbing or land-development activity covered by the ordinance without first obtaining a storm water management permit; applicants submit an application, a storm water management plan meeting the Sec. 26-10 performance standards, a long-term maintenance agreement, and a non-refundable fee, and the Division has 30 days to review it under Sec. 26-13.

The ordinance reaches subdivision plats, certified survey maps or other developments adding 0.5 acres or more of impervious surface, new roads serving more than five lots, and any post-construction site with an acre or more of land-disturbing activity, plus smaller projects the Land Conservation Division decides are likely to overload drainage or damage water quality. Table 3 of Sec. 26-10 sets total suspended solids reduction targets of 80 percent for new and infill development and 40 percent of the parking- and road-generated load for redevelopment. Agricultural cultivation, silviculture, underground utility work and state DOT road projects within their right-of-way are exempt.

Starting construction before a permit is applied for and issued triggers a double permit fee under Sec. 26-12(c)(2), which does not excuse the landowner from full compliance or from prosecution.

Violations & Fines

The Land Conservation Division can issue a written notice of non-compliance, post a stop-work order, revoke the permit, and refer the matter for an ordinance citation under Chapter 14, with each day a violation continues counted as a separate offense under Sec. 26-21. Unpaid county remediation costs are placed on the property's tax roll as a special assessment under Wis. Stats. § 66.0701.

Frequently Asked Questions

Do I need a permit to build a driveway or addition on unincorporated county land?
Only if the project meets a size threshold in Sec. 26-5, such as adding a half-acre of impervious surface, disturbing an acre or more of land, or forming part of a subdivision or a road serving more than five lots. Smaller residential projects generally fall outside the storm water permit requirement unless the Land Conservation Division determines they threaten drainage capacity.
What happens if I start grading before getting a stormwater permit?
Sec. 26-12(c)(2) doubles the permit application fee for any land-disturbing or construction activity started before the permit is applied for and issued, and the double fee does not release you from full compliance with the ordinance or from prosecution for violating it.
Which county office reviews stormwater plans?
The Walworth County Land Conservation Division, a division of the Land Use and Resource Management Department, administers and enforces the Storm Water Management Ordinance, reviews applications within 30 days under Sec. 26-13, and issues the permit once the plan meets the Sec. 26-10 performance standards.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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