§ 27-4. Applicability and jurisdiction.

(1)

Applicability.

(a)

Where not otherwise limited by law, this chapter applies to all construction sites, as defined in section 27-5(8), unless the site is otherwise exempt under section 27-4(1)(b) or (c):

1.

A permit is required for a construction site with 4,000 square feet or greater of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a permitted site, including the section 27-7(2) performance standards, section 27-8 permit requirements, and section 27-9 plan requirements.

2.

A permit is not required for a construction site with less than 4,000 square feet of land disturbing construction activity. The responsible party shall comply with all applicable provisions of this article for a non-permitted site, including the section 27-7(1) performance standards.

3.

Notwithstanding the applicability requirements in section 27-4(1)(a)1 and 2, a permit is required for a construction site with less than 4,000 square feet of land disturbing construction activity if the administering authority determines that permit coverage is needed in order to improve ordinance compliance, meet targeted performance standards, or protect waters of the state. If a permit is required, the responsible party shall comply with all applicable provisions of this article for a permitted site, including the section 27-7(2) performance standards, section 27-8 permit requirements, and section 27-9 plan requirements.

(b)

This chapter does not apply to the following:

1.

Land disturbing construction activity that includes the construction of 1- and 2-family residential dwellings that are not part of a larger common plan of development or sale and that result in less than 1 acre of disturbance. These construction sites are regulated by the Wisconsin Department of Safety and Professional Services under § SPS 321.125 Wis. Adm. Code.

2.

Nonpoint discharges from agricultural facility and practice areas as defined by section 27-5(2) and (3).

Note: This exemption is for nonpoint discharges from agricultural facilities and practices, such as cropping and pasturing. Subchapter III of ch. NR 216 also exempts nonpoint discharges, but regulates point source discharges of storm water, such as the construction of barns, manure storage facilities, sand settling lanes, and barnyard runoff control systems, etc. Under § NR 216.42(2), such construction sites are subject to the construction performance standards of this section.

3.

Nonpoint discharges from silviculture activities.

4.

Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.

5.

Routine maintenance for project sites that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

6.

A construction site exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40 CFR part 122, for land disturbing construction activity.

(2)

Jurisdiction.

(1)

The provisions of this chapter shall apply to all unincorporated lands within the jurisdictional boundaries of Fond du Lac County where a town board has not adopted a similar ordinance or entered into an intergovernmental agreement with Fond du Lac County under Wis. Stats. § 66.0301, for ordinance administration services.

(2)

Under the authority of Wis. Stats. § 59.693(10), this chapter shall continue in effect in any area annexed by a city or village, unless the city or village enacts, maintains and enforces a city or village ordinance which complies with minimum standards established by the Wisconsin Department of Natural Resources and which is at least as restrictive as this chapter.

(3)

Exclusions. This article is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under Wis. Stats. § 281.33(2).

( Res. of 4-26-16 , Att.; Res. of 11-10-16 , Att.)