SWPPP Requirements in Wisconsin

Who needs an Erosion Control and Storm Water Management Plan in Wisconsin?

Any construction project that disturbs one acre or more — or is part of a larger common plan of development reaching one acre — needs an Erosion Control and Storm Water Management Plan under Wisconsin permit WI-S067831-6.

Wisconsin runs its own delegated stormwater program. Operators obtain coverage from Wisconsin Department of Natural Resources (DNR), Bureau of Watershed Management under Construction Site Storm Water Runoff General Permit (WI-S067831-6), not directly from the EPA. A small subdivision, a solar pad, and a road-widening project all clear the same one-acre line.

Wisconsin adds requirements worth flagging early: Develop the erosion control plan and storm water management plan before the NOI and submit them with it; file the NOI through the DNR Water ePermitting system — coverage begins 14 working days after DNR receives a complete NOI unless DNR says otherwise (Sections 2.1.2, 2.5, 3.4.1); Post the DNR permit certificate in a conspicuous place on the construction site (Section 2.2); Meet the NR 151.11 (or NR 151.23 for transportation facilities) performance standards, documenting the 5 tons per acre per year sediment standard with DNR’s soil loss procedure (Sections 2.9 and 3.1.7.16); Develop a spill prevention and response plan (Section 2.9.1.2); Describe winter erosion and sediment controls for winter, spring thaw, and rains; temporarily stabilize areas not disturbed further during winter months (Sections 3.1.7.15 and 2.9.1.1); Maintain protective areas of at least 75 feet adjacent to outstanding and exceptional resource waters (Section 4.2.4); Submit signed NOI copies to any municipal agency that approved the erosion, grading, or storm water plans, and to the operator of a receiving municipal storm sewer system (Section 4.6.2); Submit a signed long-term maintenance agreement for permanent storm water structures with the NOI unless DNR agrees to a later date (Section 3.4.6); Coverage lasts at most three years per NOI; request renewal before the three years end (Section 2.8); Submit the Notice of Termination within 45 days after final stabilization and removal of temporary sediment controls (Section 2.7).

What the plan must contain

A Wisconsin Erosion Control and Storm Water Management Planis the site's compliance binder — the document an inspector opens first. It documents:

1. 1Site & project descriptionTotal and disturbed acreage, soils, slopes, and the sequence of construction.
2. 2Receiving waters & discharge pointsWhere stormwater leaves the site and the waterbodies it reaches.
3. 3Erosion & sediment control BMPsSilt fence, stabilized entrances, inlet protection, and stabilization measures.
4. 4Inspection schedule & recordsDated, signed inspection logs and the corrective actions taken.
5. 5Operator certificationThe Erosion Control and Storm Water Management Plan is signed by the legally responsible party before work begins.

Required and conditional BMPs

Filing your Notice of Intent

Submit the Notice of Intent, with the erosion control and storm water management plans and the application fee, through the DNR Water ePermitting system at least 14 working days before land disturbance (Sections 2.1 and 2.5).

A Notice of Termination closes coverage once the site reaches final stabilization. Keeping the Erosion Control and Storm Water Management Plan and its inspection records on site is what keeps a project clear of stop-work orders.

Inspection requirements

Inspect at least once every calendar week and within 24 hours after a storm producing 0.5 inch of rain or more in any continuous 24-hour period (inspections cover the erosion and sediment control BMPs; a “rainfall event” may be considered to be the total rainfall recorded in any continuous 24-hour period; keep weekly written inspection reports) (WI-S067831-6 Sections 4.5.1.1–4.5.1.2 and 4.5.3). The permit recommends (does not require) more frequent visual monitoring for activities such as dewatering and trackout (WI-S067831-6 Section 4.5.1.2, Note). Every inspection is dated and signed, and any failed control is corrected before the next storm.

How Wisconsin differs from the federal permit

Because Wisconsin administers its own program, the federal EPA Construction General Permit does not apply directly here — the state permit governs. Sites inside a regulated municipal storm sewer system may carry additional local ordinance requirements on top of the state permit.

Frequently asked questions