Wisconsin Legislature: SPS 321.125(5)(b)

(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.

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.

(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).

Note: 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 (608) 266-3151 or (877) 617-1565 or 411 (Telecommunications Relay).

(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.

(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.

Note: See ch. SPS 325 Appendix A for further explanatory material regarding compliance solutions for 80 and 40% reductions.

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

Note: The Revised Universal Soil Loss Equation II is an example of an acceptable model to determine soil loss.

(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.

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.

Note: Contact the Department of Natural Resources before attempting to clean up any sediment deposited or discharged into the waters of the state.

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.

Note: See ch. SPS 325 Appendix A for further explanatory material.

History: 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.

SPS 321.13 Excavations adjacent to adjoining property.

(1) Notice. Any person making or causing an excavation which may affect the lateral soil support of adjoining property or buildings shall provide at least 30 days written notice to all owners of adjoining buildings of the intention to excavate. The notice shall state that adjoining buildings may require permanent protection.

(a) Exception. The 30-day time limit for written notification may be waived if such waiver is signed by the owner(s) of the adjoining properties.

(2) Responsibility for underpinning and foundation extensions.

(a) Excavations less than 12 feet in depth. If the excavation is made to a depth of 12 feet or less below grade, the person making or causing the excavation shall not be responsible for any necessary underpinning or extension of the foundations of any adjoining buildings.

(b) Excavations greater than 12 feet in depth. If the excavation is made to a depth in excess of 12 feet below grade, the owner(s) of adjoining buildings shall be responsible for any necessary underpinning or extension of the foundations of their buildings to a depth of 12 feet below grade. The person making or causing the excavation shall be responsible for any underpinning or extension of foundations below the depth of 12 feet below grade.

History: Cr. Register, November, 1979, No. 287, eff. 6-1-80.

SPS 321.14 Excavations for footings and foundations.

(1) Excavations below footings and foundations. No excavation shall be made below the footing and foundation unless provisions are taken to prevent the collapse of the footing or foundation.

(2) Excavations for footings. All footings shall be located on undisturbed or compacted soil, free of organic material, unless the footings are reinforced to bridge poor soil conditions.

History: Cr. Register, November, 1979, No. 287, eff. 6-1-80.

Subchapter IV — Footings

SPS 321.15 Footings.

(1) General.

(a) The dwelling and attached structures, such as decks and garages, shall be supported on a structural system designed to transmit and safely distribute the loads to the soil.

(b) The loads for determining the footing size shall include the weight of the live load, roof, walls, floors, pier or column, plus the weight of the structural system and the soil over the footing.

(d) The bearing area shall be at least equal to the area required to transfer the loads to the supporting soil without exceeding the bearing capacity of the soil.

(e)

1. Structures supported on floating slabs or similar shallow foundations may not be physically attached to structures that are supported by footings that extend below the frost line unless an isolation joint is used between the structures, except as provided in subd. 2. This isolation shall extend for the full height of the structure.

2. Exterior ramps are not required to comply with subd. 1.

(2) Size and type. Unless designed by structural analysis, unreinforced concrete footings shall comply with the following requirements:

(a) Continuous footings. The minimum width of the footing on each side of the foundation wall shall measure at least 4 inches wider than the wall. The footing depth shall be at least 8 inches nominal. Footing placed in unstable soil shall be formed. Lintels may be used in place of continuous footings when there is a change in footing elevation.

Note: Unstable soil includes soils that are unable to support themselves at a 90 degree angle for the full depth of the footing.

(b) Column or pier footing.

1. The minimum width and length of column or pier footings shall measure at least 2 feet by 2 feet.

2. The minimum depth of column or pier footings shall measure at least 12 inches nominal.

(c) Trench footings. Footings poured integrally with the wall may be used when soil conditions permit. The minimum width shall be at least 8 inches nominal.

(d) Chimney and fireplace footings. Footing for chimneys or fireplaces shall extend at least 4 inches on each side of the chimney or fireplace. The minimum depth shall measure at least 12 inches nominal.

(e) Floating slabs. Any dwelling supported on a floating slab on grade shall be designed through structural analysis.

(f) Deck footings. Decks attached to dwellings and detached decks which serve an exit shall be supported on a structural system designed to transmit and safely distribute the loads to the soil. Footings shall be sized to not exceed the allowable material stresses. The bearing area shall be at least equal to the area required to transfer the loads to the supporting soil without exceeding the bearing values of the soil.

(3) Soil-bearing capacity. No footing or foundation shall be placed on soil with a bearing capacity of less than 2,000 pounds per square foot unless the footing or foundation has been designed through structural analysis. The soil-bearing values of common soils may be determined through soil identification.

Note: The department will accept the soil-bearing values for the types of soil listed in the following table:

- See PDF for table

(a) Minimum soil-bearing values. If the soil located directly under a footing or foundation overlies a layer of soil having a smaller allowable bearing value, the smaller soil-bearing value shall be used.

(b) Unprepared fill material, organic material. No footing or foundation shall be placed upon unprepared fill material, organic soil, alluvial soil or mud unless the load will be supported. When requested, soil data shall be provided.

Note: The decomposition of organic material in landfill sites established for the disposal of organic wastes may produce odorous, toxic and explosive concentrations of gas which may seep into buildings through storm sewers and similar underground utilities unless provisions are taken to release the gases to the atmosphere.

History: Cr. Register, November, 1979, No. 287, eff. 6-1-80; am. (1) (a), Register, January, 1989, No. 397, eff. 2-1-89; cr. (1) (f), Register, March, 1992, No. 435, eff. 4-1-92; am. (1) (e), Register, November, 1995, No. 479, eff. 12-1-95; am. (1) (e), Register, March, 2001, No. 543, eff. 4-1-01; CR 08-043: renum. (intro.), (1) and (2) to be (1), (2) and (3) and am. (1), (2) (b) and (e), cr. (1) (e) Register March 2009 No. 639, eff. 4-1-09; CR 15-041: renum. (1) (e) to (1) (e) 1. and am., cr. (1) (e) 2. Register December 2015 No. 720, eff. 1-1-16.

SPS 321.16 Frost protection.

(1) General.

(a) Footings and foundations, including those for landings and stoops, shall be placed below the frost penetration level or at least 48 inches below adjacent grade, whichever is deeper, except as allowed under sub. (2).

(b) Footings may not be placed on frozen material.

(2) Exceptions.

(a) Frost protected shallow foundations shall be designed in accordance with ASCE–32 as adopted in Table 320.24-5.

(b) Portions of footings or foundations located directly under window areaways do not require frost protection provided the rest of the foundation is protected in accordance with this section.