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

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

Key Facts

Peak discharge
Post-development rate can't exceed predevelopment rate
TSS reduction
80% new development, 40% redevelopment
Trigger
20,000 sq ft new impervious surface, or 1 acre disturbed
Protective area
50-75 feet from lakes, streams, wetlands
Penalty
$50-$500 forfeiture per violation, per day

Summary

Washington County requires a stormwater management plan for qualifying land development that holds post-development peak discharge rates to predevelopment levels for the one-, two-, ten- and 100-year storms, and cuts total suspended solids by 80% for new development or 40% for redevelopment of parking areas and roads.

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

To minimize stream bank erosion and the failure of downstream conveyance systems, the calculated post-development peak stormwater discharge rates shall not exceed the calculated predevelopment discharge rates for the one-, two-, ten-, and 100-year, twenty-four-hour design storms in accordance with the modeling requirements in § 238-11A of this chapter. ... For new land development and infill development, 80% reduction in total suspended solids load; ... Forfeiture. Any violator shall be subject to a forfeiture of not less than $50 or more than $500, plus the cost of prosecution, for each violation. Each day that a violation exists shall constitute a separate offense.

Full Breakdown

Section 238-8 of the Code of Washington County sets the performance standards a stormwater management plan must meet before a qualifying land development project can proceed. Under § 238-6B, the stormwater management requirements apply to activities such as subdivision plats, new public or private roadway construction, projects adding 20,000 square feet or more of new impervious surface, or any activity disturbing one acre or more of land.

The plan's peak-discharge standard, § 238-8A(1)(b), requires that calculated post-development peak stormwater discharge rates not exceed calculated predevelopment rates for the one-, two-, ten-, and 100-year, twenty-four-hour design storms, protecting downstream channels and conveyance systems from increased flows. The water-quality standard, § 238-8A(1)(c), requires new land development and infill projects to cut total suspended solids by 80% compared to no controls, while redevelopment projects need only a 40% reduction from parking areas and roads; agricultural production areas are exempt. The chapter also sets infiltration performance standards keyed to a site's percentage of connected impervious surface, and requires protective areas next to lakes, streams and wetlands, generally 50 to 75 feet wide, to be kept free of impervious surfaces except for structures authorized under shoreland or floodplain zoning.

The Land Conservation Committee, acting through the Land and Water Conservation Division of the Planning and Parks Department, reviews plans and issues permits under § 238-9, and enforces the chapter under § 238-15 with forfeitures, stop-work orders, permit revocation and emergency action.

Violations & Fines

A stormwater management plan that fails to meet these standards, or a project that proceeds without the required plan, violates Chapter 238 and carries a forfeiture of $50 to $500 per violation under § 238-15C(1)(a), with each day of noncompliance a separate offense, plus the cost of prosecution and possible stop-work orders.

Frequently Asked Questions

What stormwater standard applies to a new commercial development in Washington County?
If it adds 20,000 square feet or more of new impervious surface, § 238-8 requires the stormwater plan to keep post-development peak discharge at or below predevelopment rates for the one-, two-, ten- and 100-year storms, and to cut total suspended solids by 80% compared with no controls.
How close to a lake or stream can I build in Washington County?
Chapter 238 sets a 'protective area' that keeps impervious surfaces off land within 50 feet of most lakes and perennial streams, and up to 75 feet for outstanding resource waters or highly susceptible wetlands, under § 238-8A(1)(e), separate from any shoreland zoning setback.
Who reviews stormwater plans for new development?
The Land Conservation Committee, acting through the Land and Water Conservation Division of the Planning and Parks Department, reviews and approves stormwater management plans and issues the required permit before land-disturbing work can begin.

Sources & Official References

Other rules in Washington County

All Washington County rules

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