§ 27-104. Applicability and jurisdiction.

(1)

Applicability.

(a)

Unless otherwise exempt under section 27-104(1)(b), all stormwater management provisions of this chapter shall apply to all land developing activity that meet any of the following and a permit under section 27-108 shall be required:

1.

Divides an existing tax parcel into five separate parcels of, regardless of size, within a common plan of development;

2.

Ultimately results in the addition of impervious surfaces of 20,000 square feet or greater in total area, including smaller individual sites that are part of a common plan of development; or

3.

Other land development activities, including access drives, that the administering authority determines may significantly increase downstream runoff volumes, flooding, soil erosion, water pollution or property damage, or significantly impact an environmentally sensitive area. All determinations made by the administering authority under this subsection shall be made in written or electronic form, unless otherwise waived by the requesting entity, as is consistent with Wis. Stats. §§ 281.33(3)(c)(4) and 281.33(6).

(b)

A post-construction site that meets any of the following criteria is exempt from all of the requirements of this article.

1.

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 one acre of disturbance. These construction sites are regulated pursuant to Wis. Admin. Code §SPS 321.125.

2.

Non-point discharges from agricultural practice areas as defined under 27.25(3). Note: This exemption is for nonpoint discharges from agricultural practices, such as cropping and pasturing.

3.

Non-point discharges from silviculture activities.

4.

A post-construction site with less than ten percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this paragraph does not include exemption from the protective area standard of this article.

5.

Underground utility construction, but not including the construction of any above ground structures associated with utility construction.

(c)

Notwithstanding the applicability requirements in section 27-104(1)(a), this article applies to post-construction sites of any size that, in the opinion of the administering authority, is likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.

(2)

Jurisdiction.

(a)

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.

(b)

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).

Note to users: The Wisconsin Department of Transportation (WisDOT) has entered into a memorandum of understanding with the Wisconsin Department of Natural Resources that satisfies Wis. Stats. § 281.33(2), such that activities directed and supervised by WisDOT are exempt from this model ordinance.

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