The state gets serious about erosion control

By Mark Mickelson

Erosion control on construction sites is not particularly new.

For years, many have viewed it as just a nuisance that was easily ignored with minor ramifications. However, strict enforcement of erosion control on construction sites is becoming reality, and builders, contractors, developers and engineers cannot afford to ignore it.

What was once considered a nuisance for most builders and contractors must now become a daily regimen to keep job sites in compliance with updated rules and regulations.

Throughout the state, local municipalities will now be responsible for creating, passing and enforcing erosion control ordinances. The Wisconsin Department of Natural Resources has now issued municipalities their own Municipal Separate Storm Sewer System permits.

These permits require municipalities to go through a rigorous program to assess and implement procedures to improve storm-water quality. A very specific aspect of this program is its requirement for every municipality with a permit to create, pass and enforce ordinances for Construction Site Pollutant Control and Post-Construction Stormwater Management.

The DNR has made it clear that it will be monitoring the municipalities to ensure they are enforcing their new ordinances established under their MS4 permits.

Citation for poor enforcement subjects municipalities to violations and penalties similar to those a contractor or developer might receive.

It is thus very likely that anyone who has an erosion-control permit, be it a local, county or state permit, will be seeing increased inspections and expectations of compliance. Local officials will issue notice of violations and accompanying penalties.

Most of the violations and enforcement hearings for erosion control typically involve two things: lack of the proper permits or noncompliance with the construction sequencing. If you will be working on a project that will be disturbing the earth’s surface in any fashion, it is worth your time to find out if you need an erosion-control permit.

Municipalities may require a local permit, and the county you are working in may also have jurisdiction to require a separate permit. Further, the DNR requires a Notice of Intent permit for many projects, and the Wisconsin Department of Commerce has its own NOI. Some projects may require permits from both departments depending on the type of project.

The DNR replaced its “blue book” of erosion control Best Management Practices with updated technical standards. These can be easily found, referenced and bound from the DNR Web site

(www.dnr.state.wi.us/runoff/stormwater/techstds.htm).

The Web site is a user-friendly resource for links to various DNR staff, regulations and background as well as guidance on plan preparations, publications and even up-to-date permit applications.

There is also a separate section to help you determine what state permits are needed. Bookmark it if you are building or developing in Wisconsin.

As noted, construction sequencing is one of the primary violations the DNR is citing. A construction sequencing schedule is required for any erosion-control permit you will apply for and receive.

Engineers are required to provide a very specific schedule of the work to be completed and when each erosion control BMP needs to be implemented. This schedule becomes a part of the permit.

If you wish to deviate from the approved schedule, you need to have it specifically approved ahead of time by the local city, village or town engineer.

Weekly maintenance checks and inspection logbooks are also required.

Staying in compliance with the regulations really isn’t that complicated, but it will require contractors, developers and builders to change their mindset with respect to land disturbance.

No longer can you disturb the ground without first installing the necessary BMPs. No longer can you just leave disturbed ground unstabilized until it is convenient to get the landscaping done all at once. No longer can you mass grade a site without being ready to immediately re-spread topsoil and get the site green again.

No longer is it just the DNR that will be inspecting your job site and keeping a watchful eye on your erosion control.