Register July 2017 No. 739
Chapter SPS 360
EROSION CONTROL, SEDIMENT CONTROL AND STORM WATER MANAGEMENT
Subchapter I — Introduction
Subchapter II — Administration and Enforcement
Plans; erosion and sediment control.
Violations and penalties.
Subchapter III — Erosion and Sediment Control
Erosion and sediment control.
SPS 360.01 Purpose.
The purpose of this chapter is to establish uniform standards and criteria for the design, installation and maintenance of erosion and sediment control practices at building construction sites under the authority of Ch. 101
, Stats., so as to protect the waters of the state.
SPS 360.01 Note
Note: Other agencies may have regulations that may affect the site design and construction activities for a building. The regulations may necessitate additional administrative procedures or inspections for compliance with such regulations.
SPS 360.02 Scope.
This chapter applies to erosion control permits required at all sites where land disturbing construction activities of less than one acre occur during the construction of buildings and structures serving as public buildings and places of employment.
SPS 360.02 Note
Authority over erosion and sediment control at construction sites having a land-disturbance area of one acre or more, including all authority for all the requirements in this section, was transferred to the Department of Natural Resources (DNR) under 2013 Wisconsin Act 20
, sections 1712
. Consequently, the Department of Safety and Professional Services no longer administers the requirements in this section. Information regarding the DNR permit requirements and standards may be available at: http://dnr.wi.gov/topic/stormwater/construction
SPS 360.03 Owners responsibility.
The owner or owner's agent is responsible for complying with this chapter.
SPS 360.03 History
History: CR 05-113
: cr. Register December 2006 No. 612
, eff. 4-1-07.
SPS 360.04 Definitions.
In this chapter:
“Control practice" means a method or device implemented to prevent or reduce erosion or the resulting deposition of soil or sediment.
“Land disturbing construction activity" means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in storm water runoff and lead to an increase in soil erosion and movement of sediment. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
“Municipality" means any city, village, town or county in this state.
“Owner" means any person or legal entity holding fee title, an easement or other interest in property that allows the person to undertake land disturbing construction activity.
“Stabilized" means the condition where vegetation is established or other practices are in place on exposed soil surfaces so as to reduce erosion.
SPS 360.04 Note
Under s. 283.01 (20)
, Stats., “waters of the state" means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.
Pursuant to s. 101.1206 (5m)
, Stats., a municipality may continue to administer and enforce a local ordinance related to erosion and sediment control at building sites where land disturbing construction activities are to occur if the ordinance meets all of the following conditions:
The ordinance standards are more stringent than the standards of this chapter.
(2) Municipal authority.
Nothing in this chapter shall prevent a municipality from any of the following:
Instituting administrative erosion and sediment control requirements such as plan review, permitting or inspecting and the associated fees to cover the costs of those requirements.
Implementing erosion and sediment control requirements that are more stringent than the standards of this chapter when directed by an order of the United States environmental protection agency or by an administrative rule of the department of natural resources under s. NR 151.004
Regulating erosion and sediment control for sites that are not under the scope of this code.
SPS 360.10 Note
This code does not apply to buildings that are not public buildings, places of employment or buildings and projects exempted under s. 101.05
, Stats. For example: farm buildings, buildings on Indian reservations or buildings owned by the federal government are not buildings under the scope of this chapter. Erosion control and storm water management standards enacted by municipalities, the Department of Natural Resources or the U.S. Environmental Protect Agency may apply in these cases.
(3) DNR authority.
This code shall not be construed to affect the authority of the department of natural resources to enforce chapters 281
, Stats., and administrative rules promulgated there under.
SPS 360.10 History
History: CR 05-113
: cr. Register December 2006 No. 612
, eff. 4-1-07; correction in (1) (intro.) made under s. 13.92 (4) (b) 7.
, Stats., Register December 2011 No. 672
SPS 360.11 Certified municipalities.
Certified municipalities in conformance with s. SPS 361.60
may serve as the department's agent for all inspections referenced under ss. SPS 360.14
SPS 360.13 Plans; erosion and sediment control. SPS 360.13(1)(a)
An erosion and sediment control plan shall be prepared that delineates the practices to be employed for the site where land disturbing construction activity is to occur.
An erosion and sediment control plan shall be of sufficient detail so as to document compliance with s. SPS 360.20
An erosion and sediment control plan shall show the areas of land disturbance and location of all control practices to be employed to comply with this chapter.
An erosion and sediment control plan shall show the pre-construction ground surface contour lines at intervals appropriate for conditions present within the proposed disturbed areas.
An erosion and sediment control plan shall identify the initial downstream receiving water of the state from the building site.