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Waukesha, WI Environmental Rules: Stormwater Management (2026)

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

Key Facts

Permit trigger
0.5+ acres new impervious surface
Alternate trigger
1 acre or more land disturbance
Administering authority
Director of Public Works
Forfeiture range
$100 to $500 per violation
Appeal body
Board of Zoning Appeals

Summary

Waukesha requires a storm water permit from the Director of Public Works before land disturbance meeting size thresholds, including any subdivision plat, new road, or site adding a half acre or more of impervious surface. The rule covers construction and post-construction runoff citywide.

STORM WATER MANAGEMENT. ... Unless otherwise exempted in this ordinance, a storm water permit under section 32.07 of this Code shall be required and all storm water management, including storm water management plans, and other provisions of this ordinance shall apply to all proposed land development activity that meet any of the following: Is a subdivision plat; Is a certified survey map or any other land development activity that may ultimately result in the addition of 0.5 acres or greater of impervious surfaces... ... Involves the construction of any new public or private road; Disturbs a total land surface area of one acre or more...

Full Breakdown

01, adopted under Wis. 234. 5 acres or more of impervious surface (existing gravel counts as 50% impervious), involves construction of a new public or private road, disturbs one acre or more of land, or is flagged by the City as likely to harm an environmentally sensitive area. A separate, lower construction-erosion-control trigger applies under the same section (disturbance of 3,000 square feet, more than 400 cubic yards of cut/fill, or 300 feet of utility trench work). 07 require a signed form, fee, site plan, erosion control plan, storm water management plan, maintenance agreement, and financial assurance before the Authority will issue a permit.

23 and does not preempt WDNR permits or NR 151 nonagricultural performance standards. 04 citing Wis. 693(10). 14: the Authority issues written violation notices describing required remedial action and a compliance schedule, and can combine forfeiture, stop-work orders, permit revocation, injunctions, nuisance abatement, or emergency corrective entry onto the site. Appeals of an Authority order go to the City of Waukesha Board of Zoning Appeals, which can grant variances where a literal reading of Chapter 32 would create unnecessary hardship.

Violations & Fines

Noncompliance under §32.14 is enforced first by a written notice describing the violation, the required fix, and a completion schedule. The Authority can then layer forfeitures of not less than $100 nor more than $500 per violation (each day counts as a separate offense) with a stop-work order, permit revocation, an injunction obtained by the City, or a declaration that the activity is a nuisance per se subject to court abatement. If a site poses an immediate threat to health, safety or downstream property, the Authority may enter and take emergency corrective action and bill the cost to the permit holder or the posted financial assurance. Citations can also be issued under §800.02(2), Wis. Stats. as incorporated by Chapter 25.

Frequently Asked Questions

Does a small home addition need a storm water permit in Waukesha?
Only if it crosses a size threshold in §32.06, such as adding 0.5 acres or more of impervious surface or disturbing an acre of land. A modest addition or driveway expansion below those thresholds is not permit triggering under Chapter 32, though other City approvals like zoning or building permits may still apply.
Who enforces stormwater violations in Waukesha?
The Director of Public Works, designated the "Authority" under §32.01, administers and enforces Chapter 32. The Authority can issue written violation notices, forfeitures of $100 to $500 per day, stop-work orders, or permit revocations, and can seek an injunction through the City.
Can I appeal a stormwater permit denial or order?
Yes. Under §32.14, appeals of any order, requirement or determination by the Authority go to the City of Waukesha Board of Zoning Appeals, which may grant variances where strict enforcement would cause unnecessary hardship not caused by the applicant.

Sources & Official References

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