Walworth County, WI Environmental Rules: Stormwater Management (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.
(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?
What happens if I start grading before getting a stormwater permit?
Which county office reviews stormwater plans?
Sources & Official References
Other rules in Walworth County
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