Control Plan for Building and Site Development.
Milwaukee Code of Ordinances § 290-9
in effect290-9. Control Plan for Building and Site Development.
No landowner or land user may commence a land disturbing construction activity subject to this chapter without receiving prior approval of a control plan for the site and a permit from the department, except as provided in s. 290-11. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and a control plan and pay an application fee to the department. By submitting an application, the applicant is authorizing the department to enter the site to obtain information required for the review of the control plan.
1. ACTIVITIES COVERING ONE ACRE OR MORE. The control plan for land disturbing construction activities covering one acre or more shall consist of:
a. A map of existing site conditions on a scale of at least one inch equals 100 feet showing the site and immediately adjacent areas:
a-1. Site boundaries and adjacent lands which accurately identify site location.
a-2. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site.
a-3. One hundred year floodplains, flood fringes and floodways.
a-4. Location of the predominant soil types, minimization of soil compaction and preservation of topsoil.
a-5. Vegetative cover, including the location of any grasses, forbs, trees, shrubs, wildflowers and aquatic plants that are native to Wisconsin, as well as any oldfield successions of native and non-native plants, that will be preserved or destroyed in conjunction with the land-disturbing activity.
a-6. Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site.
a-7. Locations and dimensions of utilities, structures, roads, highways and paving.
a-8. Site topography at a contour interval not to exceed 5 feet.
b. A plan of final site conditions on the same scale as the existing site map showing the site changes.
c. A site construction plan including:
c-1. Locations and dimensions of all proposed land disturbing construction activities, temporary soil or dirt stockpiles and construction site management control measures necessary to meet the requirements of this chapter.
c-2. Schedule of anticipated starting and completion date of each land disturbing construction activity including the installation of construction site control measures needed to meet the requirements of this chapter.
c-3. Provisions for maintenance of the construction site control measures during construction.
c-4. Minimization of land disturbing construction activity on slopes of 20 percent or more.
c-5. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
c-6. Development of spill prevention and response procedures.
d. Calculation to show the compliance with the performance standard in s. 290-7-2-e-5-a.
2. ACTIVITIES COVERING LESS THAN ONE ACRE. For land disturbing construction activities covering less than one acre, an erosion control plan statement with simple map shall be submitted to briefly describe the site and erosion controls, including the site development schedule, that will be used to meet the requirements of this chapter.
3. REVIEW. Within 15 days of receipt of the application, control plan, or control plan statement and fee, the department of city development shall review the application and control plan to determine if the requirements of this chapter are met. The department of city development shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the department of city development shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 10 days of receipt of needed information, the department of city development shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the department of city development shall inform the applicant in writing of the reasons for the disapproval.
4. PERMITS. Duration. a. Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The department of city development may extend the period one or more times for up to an additional 180 days. The department of city development may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this chapter.
b. Erosion Control Performance Deposit.
b-1. Requirement. As a condition of approval and issuance of the permit, the department of city development shall require the owner or contractor responsible for erosion control measures at the site to provide an erosion control performance deposit to guarantee a good-faith execution of the approved control plan and associated permits. The deposit shall be in the form of an irrevocable letter of credit, bond or certified check conditioned that the owner or responsible contractor will perform and sufficiently complete all work engaged in as a result of being granted a permit and guarantee that the applicant will perform in accordance with this chapter. The erosion control performance deposit shall be released or returned when the erosion control permit is closed by the inspector.
b-2. Form. An irrevocable letter of credit shall be prepared in a form and manner acceptable to the office of the city attorney.
b-3. Amount. The amount of the letter of credit, bond or certified check shall be calculated at the rate of $0.50 per square foot of disturbed area.
b-4. Waiver. On a site where a one- or 2-family residence is being constructed or demolished, the commissioner of city development may waive the requirement for an irrevocable letter of credit, bond or certified check.
b-5. Term of Deposit. Whenever the deposit is submitted in the form of a bond or letter of credit, such instrument shall be in effect for one year. If the associated construction project remains incomplete at the time of expiration of the bond or letter of credit, the permit holder shall submit a bond or letter of credit which has been extended for another one-year period.
c. Permit Conditions: All permits shall require the permittee to:
c-1. Notify the department 3 business days prior to commencing any land disturbing construction activity.
c-2. Notify the department of the schedule of installation and completion of the control measures.
c-3. Obtain permission in writing from the department of city development prior to modifying the control plan.
c-4. Install all control measures as identified in the approved control plan prior to commencing any land disturbing construction activity.
c-5. Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.
c-6. Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities.
d. Recovery of Costs. Any other necessary erosion control measure not specified under sub. 1 shall be determined by the commissioner of neighborhood services or the commissioner of public works. If the actual cost of implementing an erosion control plan exceeds the amount deposited in the irrevocable letter of credit, the department shall recover the additional cost from the prime contractor by initiating within 30 days of completion of the erosion control measure a court action to recover from such person an amount sufficient to compensate the city for the expense and labor in making such repairs or providing such utilities or fuel services as well as associated administrative costs. Administrative costs shall be deemed to be no less than $50 per hour per inspector field hour incurred pursuant to actions under this section.
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-2/CH290.pdf#page=4Fetched: 10/26/2026