281.33 Construction site erosion control and storm water management.

627 words·~3 min read·/wi/chapter-281/281-33

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Objectives. To aid in the fulfillment of the state’s role as trustee of its navigable waters, to promote public health, safety and general welfare and to protect natural resources, it is declared to be in the public interest to make studies, establish policies, make plans, authorize municipal construction site erosion control and storm water management zoning ordinances for the efficient use, conservation, development and protection of this state’s groundwater, surface water, soil and related resources and establish a state storm water management plan for the efficient use, conservation, development and protection of this state’s groundwater, surface water, soil and related resources while at the same time encouraging sound economic growth in this state. The purposes of the municipal ordinances and state plan shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; prevent and control the adverse effects of storm water; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.

(2)State storm water management plan. The department, in consultation with the department of safety and professional services, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01

(1)but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01

(1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

(3)Standards related to storm water and certain construction activities.

1. Except as restricted under subd. 2. , the department shall establish by rule uniform statewide standards for all of the following:

a. Activities related to construction site erosion control at sites that have a land disturbance that is one acre or more in area.

b. Activities related to construction site erosion control at sites that have a land disturbance that is less than one acre and to which ss. 101.1206 and 101.653 do not apply.

c. Storm water management.

2. The department, in cooperation with the department of transportation, shall establish by rule uniform statewide standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction.

3. Uniform statewide standards for storm water management established under this paragraph are applicable to the state plan under sub.

(2). The department shall require a city, village, town, or county to comply with uniform statewide standards established under this paragraph for any construction site erosion control and storm water management zoning ordinance enacted under s. 59.693 , 60.627 , 61.354 or 62.234 .

4. The department shall identify low-cost practices which would enable a person to comply with these uniform statewide standards.

(b)The uniform statewide standards for construction site erosion control at sites described in par.

(a)1. a. and b. shall provide for the regulation of any construction activity, at such a site, that:

1. Involves the grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity which affects an area of 4,000 square feet or more.

2. Involves the excavation or filling or a combination of excavation and filling which affects 400 cubic yards or more of dirt, sand or other excavation or fill material.

3. Involves street, highway, road or bridge construction, enlargement, relocation or reconstruction.