Section 321.125. Erosion control and sediment control.

 

(1)   General.

(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:

1. The waters of the state.

2. Adjacent properties.

(b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the approved plan.

(c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized by vegetation when a perennial cover has been established with a density of at least 70%.

(d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under s. NR 151.32 (2) .

(2)   Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:

(a) The deposition of soil from being tracked onto streets by vehicles.

(b) The discharge of sediment from disturbed areas into on-site storm water inlets.

(c) The discharge of sediment from disturbed areas into abutting waters of the state.

(d) The discharge of sediment from drainage ways that flow off the site.

(e) The discharge of sediment by dewatering activities.

(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

(3)   Control standards. Including the practices under sub. (2) , additional erosion and sediment control practices shall be employed, as necessary, to accomplish one of the following:

(a) A potential annual cumulative soil loss rate of not more than one of the following:

1. Five tons per acre per year where sand, loamy sand, sandy loam, loam, sandy clay loam, clay loam, sandy clay, silty clay or clay textures are exposed.

2. Seven and 1/2 tons per acre per year where silt, silty clay loam, or silt loam textures are exposed.

(c) A reduction of at least 40% of the potential sediment load in storm water runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site where less than one acre of land disturbing construction activity is to occur.

(4)   Soil loss analysis. Potential soil loss shall be determined using an engineer analytical modeling acceptable to the department.

(5)   Monitoring.

(a) The owner or owner's agent shall check the erosion and sediment control practices for maintenance needs at all the following intervals until the site is stabilized:

1. At least weekly.

2. Within 24 hours after a rainfall event of 0.5 inches or greater. A rainfall event shall be considered to be the total amount of rainfall recorded in any continuous 24 hour period.

3. At all intervals cited on the erosion and sediment control plan.

(b) The owner or owner's agent shall maintain a monitoring record when the land disturbing construction activity involves one or more acres.

(c) The monitoring record shall contain at least the following information:

1. The condition of the erosion and sediment control practices at the intervals specified under par. (a) .

2. A description of the maintenance conducted to repair or replace erosion and sediment control practices.

(6)   Maintenance.

(a)

1. Except as provided in subd. 3. , off-site sediment deposition resulting from the failure of an erosion or sediment control practice shall be cleaned up by the end of the next day.

2. Except as provided in subd. 3. , off-site soil deposition, resulting from construction activity, that creates a nuisance shall be cleaned up by the end of the work day.

3. A municipality may enact more stringent requirements regarding cleanup of soil or sediment deposition onto public ways.

(b)

1. Except as required in subd. 2. , the owner or owner's agent shall complete repair or replacement of erosion and sediment control practices as necessary within 48 hours of an interval specified under sub. (5) .

2. When the failure of erosion or sediment control practices results in an immediate threat of sediment entering public sewers or the waters of the state, procedures shall be implemented immediately to repair or replace the practices.

Cr. Register, September, 1992, No. 441 , eff. 12-1-92; am. (1) (b), Register, November, 1995, No. 479 , eff. 12-1-95; am. (1) (a), renum. (1) (b) to (e) to be (1) (c) to (f) and am. (c), cr. (1) (b), Register, February, 1997, No. 494 , eff. 3-1-97; CR 02-077 : cr. (4) Register May 2003 No. 569 , eff. 8-1-03; CR 05-113 : r. and recr. Register December 2006 No. 612 , eff. 4-1-07; CR 15-041 : am. (3) (a) 2., r. (3) (b) Register December 2015 No. 720 , eff. 1-1-16.

Note

Authority over erosion and sediment control at construction sites having a land-disturbance area of one acre or more was transferred to the Department of Natural Resources (DNR) under 2013 Wis. Act 20 , sections 1712 and 2088 . Consequently, the Department of Safety and Professional Services no longer applies the requirements in this section to those sites. Information regarding the DNR permit requirements and standards may be available at http://dnr.wi.gov/topic/stormwater/construction . Microsoft Windows NT 6.1.7601 Service Pack 1 Listed practices can be found through the Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone [phone] or [phone] or 411 (Telecommunications Relay). Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 325 Appendix A for further explanatory material regarding compliance solutions for 80 and 40% reductions. Microsoft Windows NT 6.1.7601 Service Pack 1 The Revised Universal Soil Loss Equation II is an example of an acceptable model to determine soil loss. Microsoft Windows NT 6.1.7601 Service Pack 1 Contact the Department of Natural Resources before attempting to clean up any sediment deposited or discharged into the waters of the state. Microsoft Windows NT 6.1.7601 Service Pack 1 See ch. SPS 325 Appendix A for further explanatory material. Microsoft Windows NT 6.1.7601 Service Pack 1