Wisconsin Statewide Rule
Wisconsin Construction Site Erosion Control Rules
Key Facts
- Residential code
- SPS 321.125
- Site threshold
- 1+ acre or per local rule
- Inspection trigger
- 0.5 inch rainfall
- Plan required
- Before grading
Summary
Wisconsin requires erosion control practices on construction sites under NR 151 and SPS 321. State standards apply uniformly, and one- and two-family dwelling sites follow Department of Safety and Professional Services rules.
Requirements for ordinances. A city, village, town, or county may enact an ordinance regulating the conduct regulated under this section only if the ordinance strictly conforms with uniform statewide standards established under sub. (3).
Full Breakdown
Construction sites disturbing one or more acres must implement best management practices under NR 151 to prevent sediment from leaving the site. One- and two-family residential construction follows Wis. Admin. Code SPS 321.125, which requires silt fences, tracking pads, inlet protection, and stabilization of disturbed soils. Operators must prepare an erosion control plan before grading and maintain BMPs until permanent vegetation is established. Inspections occur weekly and after rainfall events of 0.5 inch or more. The DNR enforces NR 151 statewide while DSPS governs residential sites; municipalities cannot waive these baselines.
Violations & Penalties
Violations may result in stop-work orders, daily forfeitures up to $10,000 under Wis. Stat. 281.98, and requirements to remediate sediment-impacted waterways and downstream property.
Frequently Asked Questions
Do I need erosion control for a single home build?
Who enforces erosion control standards?
How often must I inspect controls?
Sources
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