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Ordinance Development and Enforcement | Public Information and Education
Construction Phasing | Costs | Erosion Regulations

Utilizing and enforcing Best Management Practices should be part of an overall erosion-control strategy. Education about the effects of poor erosion control should be part of this strategy. Ordinances must be developed to outline erosion control requirements, and more importantly, must be enforced.

Agricultural and construction site erosion are some of the leading causes of siltation in waterways. Sediment has an adverse impact on aquatic habitat. It impacts rivers and streams by filling in pools and riffles fish use for spawning habitat. Sediment also accumulates in lake bottoms, choking plant life and raising water levels.

Regulation of construction site erosion falls under several different programs in the State of Wisconsin. Locally, municipalities are required to adopt and enforce the Uniform Dwelling Code (UDC) under a program administered by the Department of Commerce. The UDC contains provisions to control erosion during construction of one- and two- family dwellings. Implementation of the UDC erosion control provisions is only as effective as the local municipality’s willingness and ability to enforce the provisions. Oversight of a municipality's effectiveness at administering the UDC is handled by the Department of Commerce. (2)

Larger construction sites involving land-disturbing activities affecting one or more acres are regulated by the DNR's Chapter NR216 or equivalent programs administered by the Department of Commerce or the Department of Transportation. (2)

Some municipalities within the Milwaukee River Basin do not yet have an erosion-control ordinance, much less administrative staff to enforce one. The following sections discuss the important points in controlling erosion.

Ordinance Development and Enforcement -- Back to Top
Model ordinances exist that can be used to develop a customized ordinance for a municipality. The Wisconsin Department of Natural Resources Bureau of Watershed Management has developed a model ordinance that can be used as an outline. The ordinance should incorporate the erosion control techniques outlined in the Wisconsin Construction Site Best Management Practice Handbook. See sub-chapter five of NR 151.

Chapter NR 151 of the Administrative Code also discusses the performance standards for erosion control from roadway construction and construction sites.

Public Information and Education -- Back to Top
The WDNR currently requires the landowner of a larger construction site to obtain coverage under a construction site stormwater discharge permit under Chapter NR 216 of the Administrative Code(federal threshold as of March 10, 2003 is one acre). The landowner is required to ensure that a site-specific erosion control plan and stormwater management plan are developed and implemented at the construction site, and that the site is vegetated very shortly after construction is complete. The landowner can be fined for non-compliance with the permit conditions.

It has become increasingly important to educate residents about the effects of poor erosion control on the environment. Brochures on the effects of inadequate erosion control are often available at the local building inspection department. Residents who observe discharge of sediment-laden runoff should contact their municipal building inspector or local WDNR staff. It is important to note that it is illegal for individuals to enter construction sites. Not only are construction sites often private properties, but there are also many hazards on site.

Construction Phasing -- Back to Top
The amount of soil exposed for erosion during construction can be minimized by requiring construction phasing. A master development plan is created to show the ultimate parcelization, utility, and roadway layout. The site is then divided into distinct portions and only one portion is cleared at a time, with roadways being constructed only in the current phase of the work. This limits the amount of time soil is exposed and reduces runoff and soil erosion. It is important to note that a site may need to “balance”, which means that any material removed (cut) during grading is used elsewhere on the site (fill). Use of phased development may be challenging if each phase has to balance. Subsequent construction phases can begin once the previous phase is stabilized.

This technique can be applied to any type of land use.It should be noted that the site-stormwater management plan should take the phasing into account. Effective erosion-control practices will have to be installed in each phase and should be designed for the ultimate development condition, with any temporary modifications due to phasing.

Costs -- Back to Top
The costs involved with controlling erosion are mainly in development and enforcement of the ordinance. Actual costs for installation of erosion control practices are incorporated into the construction costs. The cost for an information and education program can vary depending on the amount desired to spend. The program can be as simple as mailing an informational brochure to residents or as involved as public service announcements on television or radio.

Erosion Regulations -- Back to Top

The WDNR presently has set performance standards for erosion control and land clearing. NR 216.46 currently refers to the BMP handbook for erosion control standards. (This handbook is being revised.) NR 216.46 can only have set erosion control standards for projects that disturb 5 acres or more until the revisions to NR 216.46 is promulgated and then the threshold will be one acre. Erosion control standards and practices are hinging on the NR 151 rule. NR 152 model ordinances for construction site erosion control and post-construction storm water management incorporated the performance standards of NR 151. WDOT has revised TRANS 401 to reflect the performance standards of NR 151 for transportation facilities.

Source for text in oval:
DNR, UWEX Publication #GWQ020, "Polluted Urban Runoff -- A source of concern."

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