Control Plan for Certain Right-of-Way and Public Utility Easements Projects.
Milwaukee Code of Ordinances § 290-11
in effect290-11. Control Plan for Certain Right-of-Way and Public Utility Easements Projects.
Land disturbing construction activities involving streets, alleys, highways, bridges, or an underground pipe, cable or facility may not commence construction without an approved erosion control plan and a permit issued by the department of public works. The permit shall be subject to ch. 115.
1. EROSION CONTROL PLAN. The erosion control plan shall be detailed enough to describe those activities necessary to comply with the requirements of this chapter and must include a statement describing the erosion control measures to be undertaken, whether or not there will be materials stockpiled and, if so, where, a construction schedule, and a simple site map of the construction.
a. Public works contracts. The erosion control plan required by this chapter for contracts awarded by the department of public works, with the exception of non-erodable stockpiles, shall be developed by the contractor. The control plan shall be submitted to the city engineer and approved prior to start of construction.
b. Other work. For construction work by private contractors within the public right-of-way or public utility easement, the erosion control plan shall be submitted to the department of public works as part of the permit process. Within 10 working days after receipt, the department shall have reviewed the plan to determine if the requirements of this chapter have been met. The department shall either approve the plan and issue the permit, if all requirements are met, or notify the applicant, in writing, with the reasons for the disapproval of the erosion control plan and what must be done to correct it. Within 7 working days after resubmittal, the department shall either approve the plan or again notify the applicant, repeating the approval process.
2. PERMIT DURATION. The permit shall be valid for a period of 90 days for excavation work or 180 days, or as determined by the public works contract for occupancy of the right-of-way.
3. IRREVOCABLE LETTER OF CREDIT, BOND OR CERTIFIED CHECK. As a condition of approval and issuance of the permit, the department of public works shall require the prime contractor or owner to deposit an irrevocable letter of credit, bond or certified check to guarantee a good faith effort of the approved control plan and any permits. The irrevocable letter of credit, bond or certified check shall be conditioned that the applicant 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 form of the irrevocable letter of credit shall be prepared by the department of public works and approved as to form and execution by the office of the city attorney. The certified check required shall be based on the schedule provided for under s. 290-9-4-b.
4. AMENDMENTS. All amendments to the control plan shall be approved by the appropriate city department prior to installation.
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=6Fetched: 10/26/2026