CHAPTER 152:  EROSION CONTROL

Section

   152.01   Authority

   152.02   Findings and purpose

   152.03   Applicability

   152.04   Definitions

   152.05   Design criteria, standards, and specifications for control measurers

   152.06   Maintenance of control measurers

   152.07   Control of erosion and pollutants during land disturbance and development

   152.08   Permit application, control plan, and permit issuance

   152.09   Inspection

   152.10   Enforcement

   152.11   Board of Zoning Appeals

   152.99   Penalty

§ 152.01 AUTHORITY.

   This chapter is adopted under the authority granted by Wis. Stats. § 61.354.

(Prior Code, § 22.01)

§ 152.02 FINDINGS AND PURPOSE.

   (A)   Findings. The Village Board finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of the state and the village.

   (B)   Purpose. It is the purpose of this chapter to preserve the natural resources; to protect the quality of the waters of the state and the village and extraterritorial jurisdictional area; and to protect and promote the health, safety, and welfare of the people to the extent practicable by minimizing the amount of sediment and other pollutants carried by the runoff or discharge from the construction site to lakes, streams, and wetlands.

(Prior Code, § 22.02)

§ 152.03 APPLICABILITY.

   (A)   This chapter applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the village and the public and private lands subject to extraterritorial review under Wis. Stats. Chapter 236.

   (B)   All state funded or conducted construction is exempt from this chapter. State funded or conducted construction activities must meet the requirements contained in the “State Plan for the Control of Construction Erosion and Stormwater Runoff” (state plan), which contains similar requirements as contained in this chapter as a minimum.

(Prior Code, § 22.03)

§ 152.04 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AGRICULTURAL LAND USE.  Use of land for planting, growing, cultivating, and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

   COMMERCIAL LAND USE.  Use of land for the retail or wholesale sale of goods or services.

   CONSTRUCTION SITE CONTROL MEASURE.  A control measure used to meet requirements of § 152.07(B).

   CONTROL MEASURE.  A practice or combination of practices to control erosion and attendant pollution.

   CONTROL PLAN.  A written description of the number, location, sizes, and other pertinent information of control measures designed to meet the requirements of this chapter submitted by the applicant for review and approval by the Zoning Administrator.

   EROSION.  The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

   LAND DEVELOPING ACTIVITY.  The construction of buildings, roads, parking lots, paved storage areas, and similar facilities.

   LAND DISTURBING CONSTRUCTION ACTIVITY. Any human-made change of the land surface, including removing vegetation cover, excavating, filling, and grading, but not including agricultural land uses such as planting, growing, cultivating, and harvesting of crops, growing and tending of gardens, harvesting of trees, and landscaping modifications.

   LAND USER.  Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

   LANDOWNER.  Any person holding title to, or having an interest in, land.

   RUNOFF.  The rainfall, snow melt, or irrigation water flowing over the ground surface.

   SET OF ONE-YEAR DESIGN STORMS. The following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 4, 6, 12, and 24 hours that occur approximately once per year. The following are typical characteristics of these ONE-YEAR STORMS for most of the state.

Storm Duration (Hours)	Average Rain Intensity (Inches/Hour)	Total Rain (Inches)
0.5	1.0	0.9
1	1.1	1.1
2	0.7	1.3
3	0.5	1.5
6	0.3	1.7
12	0.2	2.0
24	0.1	2.3

 

   SITE.   The entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

(Prior Code, § 22.04)