Ferryville Ordinance Chapter 21
EROSION CONTROL / LAND DISTURBANCE
21.02 Findings and Purpose
21.05 Technical Standards
21.06 Performance Standards
21.07 Maintenance of Control Measures
21.08 Control of Erosion and Pollutants During Land Disturbance Activities
21.10 Permits and Control Plans
21.12 Enforcement and Penalties
21.14 Conflicting Ordinances
(1) This ordinance is adopted under the authority granted pursuant to s. 62.23(7); 61.35, Wisconsin
21.02 FINDINGS AND PURPOSE.
(1) Findings. The Village of Ferryville finds that runoff from land disturbance activities carry a
significant amount of sediment and other pollutants to the waters and right-of-way of the
Village, state, and private properties.
(2) Purpose. It is the purpose of this Ordinance to protect Ferryville's unique natural resources by
minimizing the amount of sediment carried by runoff or discharged from land disturbance
activities to perennial waters, wetlands, private properties, and public right-of-ways.
(1) This Ordinance applies to land disturbance activities on lands within the Village boundaries and
extraterritorial jurisdiction of Ferryville. Permits granted under this Ordinance do not release
the permittee, landowner or land user from other applicable federal, state or local regulations.
The recipient of a permit agrees to indemnify and hold harmless the Village of Ferryville, its
employees or designated agents from any cost, suit, liability or award which might be assessed
due to the acceptance of a control plan or issuance of permits, or because of any adverse effect
upon any person or property attributed to a project of the permittee.
(2) Any land disturbance occurring on a 1 and 2 family dwelling site, prior to issuance of a building
permit under the UDC (Wisconsin Uniform Dwelling Code), shall be subject to the requirements
of this Ordinance. Once a UDC building permit has been issued, the construction site shall be
regulated according to Comm. 21.125 and relevant provisions of the Wisconsin Uniform
Dwelling Code. This Ordinance shall apply to all 1 and 2 family dwellings after occupancy of the
dwelling, or after the building inspector has preformed the final inspection.
(3) The following sites shall comply with all of the requirements of this Chapter but shall be
exempted from obtaining a permit, providing a bond or paying a fee under this Chapter:
(a) Any project that is designed and/or certified by the Ferryville Plan Commission as part
of a soil conservation or water pollution control project.
(b) Land disturbance activity by the Village or any township within the extraterritorial area
of the Village.
(c) Nonmetallic mining sites that have been issued a permit by The Ferryville Code of
Ordinances or town authority in extra-territorial areas.
(1) "Access road development" means any excavation or filling for the construction of roads and
trails where access is needed for public or private use.
(2) "Agricultural land use" means use of land for planting, growing, cultivating, and harvesting of
crops for human or livestock consumption and pasturing, but does not include the construction
of agricultural buildings, facilities or other disturbances as indicated in s. 21.08 of this
(3) “Best management practices or BMP” means structural or non-structural measures, practices,
techniques, or devices determined by the Commission to be effective measures in preventing or
reducing runoff pollutants from leaving the site.
(4) "Control plan" means a written description and/or plan map of the number, locations, sizes, and
other pertinent information of soil and water erosion control measures designed to meet the
requirements of this Ordinance submitted by the applicant for review and acceptance by the
(5) "Ferryville Plan Commission", “Plan Commission” or “Commission” means the designated staff
of the Commission, which is hereby authorized to perform the function of administering this
(6) "Landowner" means any person having fee title ownership of the land.
(7) "Land user" means any person who uses the land as owners, operators, leasers, renters or
occupiers who are providing a service that requires access or alterations of the land in order to
perform the service, including any person or persons, firm, company or corporation performing
work at a site.
(8) "Permit" means the authority granted by the Village Board to conduct activities regulated by
(9) "Percent slope" means the grade of the land determined by the vertical rise or fall in feet, per
horizontal length in feet, measured perpendicular to the land contour and expressed as a
(10) "Plan Administrator" means the Plan Commission Chairman or his/her designated
(11) “Plan Commission” means the committee appointed by the Village Board pursuant to s. 61.35,
62.23, Wis. Stats.
(12) "Shoreland Zone or District" means all lands in Ferryville and the extraterritorial area which are
within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, flowages; or within
300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side
of the floodplain, whichever distance is greater.
(13) "Site" means the entire area or combinations of separate areas on which the land disturbance
activity is proposed.
(14) "Tracking" means the detachment and movement of soil, sediment, or rock fragments by
(15) "Wetlands" means those areas where water is at, near or above the land surface long enough to
be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of
21.05 TECHNICAL STANDARDS.
1) Design, standards and specifications. All control measures required to comply with this
Ordinance shall meet the design criteria, standards and specifications based on any of the
(a) Applicable design guidance and technical standards developed by the DNR under
subchapter III of Chapter NR 151, Wisconsin Administrative Code.
(b) Other technical standards not identified or developed in sub. (a), may be used provided
that the methods have been approved by the Commission.
21.06 PERFORMANCE STANDARDS
(1) All erosion control plans shall by design, achieve to the maximum extent practicable, a
reduction of 80% of the sediment load carried in runoff, on an average annual basis as
compared with no sediment or erosion controls, until the site is stabilized.
21.07 MAINTENANCE OF CONTROL MEASURES.
(1) All control measures necessary to meet the requirements of this Ordinance shall be maintained
by the landowner or land user to ensure adequate performance and to prevent nuisance
21.08 CONTROL OF EROSION AND POLLUTANTS DURING LAND DISTURBANCE ACTIVITIES.
(1) Applicability. This section applies to:
(a) Those disturbed areas or sites as listed in Section 21.10(1) (a through d) under
Categories A, B and C. The site area is the sum total of individual areas on the property.
(b) Those other areas or sites that may be required by the Plan Commission to obtain an
Erosion Control Permit.
(2) Sediment Cleanup. Sediment removal times on sites described in s. 21.08(1) shall meet the
(a) Off-site sediment deposition occurring as a result of a storm event shall be cleaned up
within 24 hours of the end of the storm event.
(b) All other off-site sediment deposition occurring as a result of construction activities
shall be cleaned up by the end of the same workday.
(3) Removal of Practices. When disturbed areas have been stabilized, temporary structural BMPs
shall be removed.
(1) The site stabilization and remaining work shall conform to the Wisconsin Department of
Transportation “Standard Specifications for Road and Bridge Construction” sections 627, 629,
630 and 631; Mulch, Fertilizer, Seed and Sod sections respectively.
21.10 PERMITS AND CONTROL PLANS.
(1) A land disturbance activity subject to this Ordinance shall not occur without an approved
control plan. Permit application forms (See Attachment 2), when filled out, shall be submitted
for approval. An application for a permit, or submission of a control plan by the land owner or
the party responsible for the work, authorizes representatives of the Ferryville Plan Commission
to enter the site to obtain information required for the review of the control plan at any time.
Application shall be accompanied by a filled out, description of the control measures or a “DNR
Construction Site Erosion Control Plan and Storm Water Management Worksheet” as applicable
(See Attachments 2 and 3) as noted below:
(2) Control Plan Contents. Required contents of control plans will depend on the slope of the land
proposed for the land disturbance, amount of land to be disturbed, and proximity of the
proposed land disturbance activity to streams, rivers, lakes, private properties, and wetlands.
(a) Category A. The filled out “Application for Erosion Control/Land Disturbance Permit”
may be submitted with a description of the work only, in lieu of a more detailed plan if
all of the following conditions are met:
(1) 2,000 square feet of land or less will be disturbed;
(2) 1,000 cubic yards or less of excavation and/or filling will occur;
(3) Land disturbances will not occur within Shoreland District;
(b) Category B. This category applies to total disturbed area(s) on the property of less than
one acre. Category B control plans will be required for land disturbance activities where
any of the above conditions (Category A) of this Ordinance, cannot be met. These
control plans shall conform to the requirements of “DNR Construction Site Erosion
Control Plan and Storm Water Management Worksheet” and require the stamp of a
Registered Professional Engineer unless waived by the approval of the permit.
(c) Category C. For logging roads, permit application must be accompanied by a timber cut
notice or a Managed Forest Law Contract. The submittal requirements of Category B
apply unless the disturbed area total exceeds one acre.
(d) Category Changes. The Commission or its designee may reduce the category of the plan
if the land disturbance activity is determined to have minimal off-site erosion potential.
(e) Attachment 1 contains a flow chart showing the site details for determining which
control plan is required for each situation.
(f) Certain situations, as indicated in Attachment 1, are not covered by this Ordinance, such
as disturbed areas of more than one acre or commercial building sites.
(3) Review of Control Plan. Control plans are to be submitted to the Ferryville Village Clerk for
forwarding to the Plan Commission. The Commission shall determine if the requirements of the
Ordinance have been met. If the plan is approved by the Plan Commission, a recommendation
shall be made to the Village Board to issue the permit. If conditions are not met, the
Commission shall have the Village Clerk inform the applicant to either provide additional
information or require re-submittal. After receipt of additional information or re-submittal the
Commission shall recommend to the Village Board to issue or deny the permit. If the plan is
disapproved, the Commission shall recommend to the Village Board to inform the applicant in
writing of the reasons for disapproval.
(1) Application accepted by the Village Clerk
(2) Sent to next meeting of Plan Commission
(3) If approved – next Village Board Meeting
(4) If denied – back to Village Clerk
(4) Permits. Permits shall be applied for at the Ferryville Village Clerk office. Permits shall be issued
by the Village Board upon acceptance of the control plan and after the recommendation for
issuance by the Plan Commission and the payment of any applicable fees.
(a) Duration. Category A, B, and C permits shall be valid for 1 year. The Commission may
extend any permit one or more times for up to an additional year. The Commission may
require additional control measures as a condition of the extension if they are
necessary to meet the requirements of this Ordinance.
(b) Permit Conditions. All permits shall require the landowner or land user to:
(1) Notify the Commission at least 24 hours prior to commencing any land
(2) Obtain permission from the Commission prior to modifying the control plan;
(3) Install and maintain all control measures as identified in the control plan;
(4) Repair any siltation or erosion damage to adjoining areas, such as perennial
waters, wetlands, road right-of-ways, nearby property and drainage ways
resulting from land disturbance activities;
(5) Keep a copy of the control plan on the site;
(6) Notify the Commission within 48 hours of completion of the land disturbance
(7) Keep the approved permit application available on site for display to any
(c) Additional Permit Conditions. All permits issued by the Village Board shall require the
landowner or land user to:
(1) Meet with the Commission representative for a final inspection to determine if
all of the conditions of the permit approval have been met; and,
(2) Provide the Commission with as-built plans of engineered practices to ensure
proper installation of erosion control and storm water management measures.
(5) Escrow Account or Surety Bond. As a condition of approval and issuance of the permit, the
Village Board may require the applicant to deposit performance surety such as a letter of credit,
posted bond or cash escrow in the amount of not less than the cost of execution of the
approved control plan. Surety must be provided for the length of the project plus one growing
session. The required surety will be a part of a maintenance agreement which will give the
Village Board the authority to use the funds to complete the project if the permitted party
defaults or does not proper1y implement the approved plan. This agreement shall be recorded
in the County Register of Deeds Office prior to the issuance of any permit and shall be effective
for a sufficient time period to perform the activities required, make the appropriate inspections
and approve the final installation.
(1) The Plan Chairman, the Commission, or designee is authorized to inspect the site at any time
prior to or after the issuance of the permit.
(2) If the land disturbance is being carried out without a permit and control plan, the Plan
Administrator, the Commission, or designee shall enter the land to implement enforcement of
provisions pursuant to 92.07(14), Wis. Stats. as applied by this Ordinance.
21.12 ENFORCEMENT AND PENALTIES.
(1) The Commission or its designee may issue a Notice of Non-compliance if:
(a) The control plan is not being implemented as approved; or
(b) The conditions of the permit are not being met.
(2) The Plan Chairman, Commission, or designee may post a stop-work order if:
(a) Any land disturbance regulated under this Ordinance is being undertaken without a
permit and approved control plan;
(b) Sediment has left the site in excess of allowable;
(c) A Notice of Non-compliance has been issued and the necessary action has not been
taken within the time frame indicated on the Notice to comply with the permit's
(d) Land disturbance activities are being carried out improperly.
(3) If the applicant does not cease the land disturbance activity and comply with the control plan
or permit conditions within 48 hours after posting the stop-work order, the Plan Administrator
or Commission may revoke the permit.
(4) Where no permit has been issued or a stop-work order has been posted, the Village Board may
require the District Attorney to obtain a cease and desist order, or any other form of injunctive
relief as needed.
(5) Upon review of the actions taken, the Plan Administrator, the Commission, or designee may
retract the stop-work order or the revocation depending on actual on-site conditions.
(6) After posting a stop-work order, the Plan Administrator or Commission may issue a notice of
intent to the landowner and land user, if applicable, of the Village's intent to perform work
necessary to comply with this Ordinance. The Village may go on the site and commence the
work no sooner than 5 days after issuing the notice of intent. Exceptions may be granted in
emergency situations where the potential for severe off-site damage warrants immediate
attention. The cost of the work performed by the Village, plus interest, at the rate authorized by
the Village Board shall be billed to the landowner. In the event a landowner fails to pay the
amount due, the Village Treasurer shall enter the amount due on the tax rolls and collect as a
special assessment against the property pursuant to current procedures allowed by Wis. Stats.
(7) Any person, including the land user, violating any of the provisions of this Ordinance may be
subject to a forfeiture of not less than $500.00 nor more than $1,000.00 and the costs of
prosecution for each violation. Each day a violation exists shall constitute a separate offense
until compliance with the provisions of this Ordinance. This Ordinance may also be enforced by
(8) If the violation occurs within a restricted development area or within the Shoreland Zone or
District, the Commission may require the land to be restored to its original topographic grade
and stabilized according to the Commission's requirements.
(1) Board of Adjustment/Appeals. The Board of Adjustment/Appeals created pursuant to Chapter
1 of the Ferryville Code of Ordinances pursuant to s. 68.08 and 68.11, Wis. Stats.:
(a) Shall hear and decide appeals where it is alleged that there is error in any order,
decision or determination made by the Commission or Plan Administrator or Village
Board in administering this Ordinance;
(b) Upon appeal, may authorize variances from the provisions of this Ordinance, which are
not contrary to the public interest, and where, due to special conditions, a literal
enforcement of the provisions of the Ordinance will result in unnecessary hardship;
(c) Shall use the rules, procedures, duties and powers authorized by statute in hearing and
deciding appeals and authorizing variances.
(2) Who May Appeal. Any applicant, landowner, land user or aggrieved party may appeal any order,
decision or determination made by the Commission or Plan Administrator or Village Board
relative to sites in which that person has interest.
21.14 CONFLICTING ORDINANCES.
(1) The provisions of this Ordinance shall prevail over
any previous Ordinances of Ferryville that are or may be in conflict therewith.
21.15 FEES. Control Plan Review and Re-submittal Fees.
(1) Ordinary Fees. The Control Plan review fee shall be $36.00. Only one fee per each control plan
submitted may be charged except where re-submittal is required.
(2) Re-submittal fees will be assessed at a maximum of 25% of the original permit fee or actual
cost, whichever is less.
(3) After-the-Fact Fees.
(a) When a permit is acquired after-the-fact, the fee shall be a minimum of two times the
ordinary fee for the project.
(b) When a project involves the removal of material from the property and a permit has
not been granted, the permit fee shall be assessed at five times the ordinary fee.
Attachment 1: Flow Chart entitled: “Ferryville Land Disturbance Guide for determining which Erosion Control Permit
Attachment 2: Sample Copy “Application for Erosion Control/Land Disturbance Permit”.
Attachment 3: Sample copy of an 11page DNR worksheet, “DNR Construction Site Erosion Control Plan and Storm
Water Management Worksheet”.