Permits for Excavation in New Street Pavements.
Milwaukee Code of Ordinances § 115-5
in effect115-5. Permits for Excavation in New Street Pavements.
1. EMERGENCY SITUATIONS. The commissioner, at his or her sole discretion, is authorized to issue a permit for excavation in any new street, reconstructed street or resurfaced street less than 3 years old upon finding that an emergency necessitating such excavation exists. Examples of emergency situations include, but shall not be limited to, structural failure, clogging, leakage or defect in any underground structure or facility. An application for new building sewers or water, steam, electrical or other utility service shall not be considered an emergency.
2. NON-EMERGENCY SITUATIONS. When the commissioner finds that no emergency exists, the commissioner may issue a permit for excavation in any new street, reconstructed street or resurfaced street where the pavement is less than 3 years old only upon:
a. Determining that no alternative to excavation is reasonably feasible.
b. Consulting with the local common council member or members. The commissioner shall deny the permit upon request of the council member.
3. RESPONSIBILITY FOR REPAIRS. Any permit issued pursuant to this section for excavation in street pavement less than 3 years old shall stipulate that the permit holder shall be financially responsible for any necessary repairs resulting from future defects in the affected pavement sections if such defects can be clearly attributed to the permitted excavation work.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH115.pdf#page=4Fetched: 10/26/2026