Section 360.20. Erosion 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 erosion and sediment control plan.

(c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized 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 a half tons per acre per [year] where silt, silty clay loam or silt loam textures are exposed.

(b) A reduction of at least 80% 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 when the land disturbing construction activity involves one or more acres.

(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.

History: CR 05-113 : cr. Register December 2006 No. 612 , eff. 4-1-07.

Note

Listed practices can be found through the Department's Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone [phone] or 877/617-1565 or 411 (Telecommunications Relay). Microsoft Windows NT 6.1.7601 Service Pack 1 A missing word is shown in brackets. Microsoft Windows NT 6.1.7601 Service Pack 1 See appendix 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 method to determine soil loss. Microsoft Windows NT 6.1.7601 Service Pack 1