Register July 2017 No. 739
Chapter SPS 360
EROSION CONTROL, SEDIMENT CONTROL AND STORM WATER MANAGEMENT
Subchapter I — Introduction
SPS 360.03 Owners responsibility.
Subchapter II — Administration and Enforcement
SPS 360.10 Governmental oversight.
SPS 360.11 Certified municipalities.
SPS 360.13 Plans; erosion and sediment control.
SPS 360.15 Violations and penalties.
Subchapter III — Erosion and Sediment Control
SPS 360.20 Erosion and sediment control.
SPS 360.01
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
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
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 and
2088. 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
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
SPS 360.04 Definitions. In this chapter:
SPS 360.04(1)
(1) “Control practice" means a method or device implemented to prevent or reduce erosion or the resulting deposition of soil or sediment.
SPS 360.04(2)
(2) “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.
SPS 360.04(3)
(3) “Municipality" means any city, village, town or county in this state.
SPS 360.04(4)
(4) “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.
SPS 360.04(5)
(5) “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
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.
SPS 360.10(1)
(1)
Municipal ordinances. 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:
SPS 360.10(1)(a)
(a) The ordinance standards are more stringent than the standards of this chapter.
SPS 360.10(2)
(2) Municipal authority. Nothing in this chapter shall prevent a municipality from any of the following:
SPS 360.10(2)(a)
(a) 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.
SPS 360.10(2)(b)
(b) 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.
SPS 360.10(2)(c)
(c) Regulating erosion and sediment control for sites that are not under the scope of this code.
SPS 360.10 Note
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.
SPS 360.10(3)
(3) DNR authority. This code shall not be construed to affect the authority of the department of natural resources to enforce chapters
281 and
283, 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
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 and
360.15.
SPS 360.13
SPS 360.13 Plans; erosion and sediment control. SPS 360.13(1)(a)
(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.
SPS 360.13(1)(b)
(b) An erosion and sediment control plan shall be of sufficient detail so as to document compliance with
s. SPS 360.20.
SPS 360.13(1)(c)
(c) 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.
SPS 360.13(1)(d)
(d) 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.
SPS 360.13(1)(e)
(e) An erosion and sediment control plan shall identify the initial downstream receiving water of the state from the building site.
SPS 360.13(2)(a)(a) An erosion and sediment control plan and any revisions to the plan shall be maintained at the construction site for the duration of the land disturbing construction activities.
SPS 360.13(2)(b)
(b) An erosion and sediment control plan and any revisions shall be made available to the department, municipality or delegated inspection agency providing the required inspections.
SPS 360.13 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1) (a) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 16-052: r. (2) Register July 2017 No. 739, eff. 8-1-17; (1) renum. to 360.13 and am. (title) under s. 13.92 (4) (b) 1. and 2., Stats., Register July 2017 No. 739. SPS 360.14(1)
(1) A person certified in accordance with
ch. SPS 305 as a soil erosion inspector or commercial building inspector shall conduct all inspections performed for the purpose of administering and enforcing the erosion and sediment control provisions under this chapter.
SPS 360.14(2)
(2) The inspections of the erosion and sediment control practices under this chapter shall be conducted as required under
s. SPS 361.41.
SPS 360.14 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 360.15(1)(a)(a) Notification. Upon finding of noncompliance, the inspector administering and enforcing the erosion and sediment control provisions under this chapter shall notify the owner or owner's agent in writing of the violations to be corrected and the time period allowed for compliance.
SPS 360.15(1)(b)
(b) Timing of orders. Except as provided in
par. (c), the time period allowed for compliance shall be determined based on the severity of the noncompliance in relation to the potential soil loss or damage to the waters of the state.
SPS 360.15(1)(c)1.1. Pursuant to s.
101.1206, Stats., the department or a certified municipality may issue a special order directing an immediate cessation of construction work on other facets of the building until compliance with the erosion and sediment control provisions under this chapter is attained.
SPS 360.15(1)(c)2.
2. Construction work may resume once the erosion and sediment control compliance corrections have been completed.
SPS 360.15(2)
(2) Penalties. Penalties for violations of this chapter shall be assessed in accordance with s.
101.02 (13), Stats.
SPS 360.15 Note
Note: Section
101.02 (13), Stats., provides for fines of up to $100 for each violation of rules promulgated under this section. Each day of continued violation may constitute a separate offense.
SPS 360.15 Note
Note: For a site where one or more acres of land disturbing construction activity occurs, the Department of Natural Resources has the ability to inspect and pursue enforcement action under the issuance of the Wisconsin Pollutant Discharge Elimination System, WPDES, General Permit pursuant to chapter NR 216.
SPS 360.15 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1) (c) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 360.20
SPS 360.20 Erosion and sediment control. SPS 360.20(1)(a)(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:
