§ 86-504. Applicability and jurisdiction.

(a)

Applicability .

(1)

Except as provided under par. (2), this article applies to any construction site as defined under section 86-505(f).

(2)

This article does not apply to the following:

a.

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.

b.

A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, for land disturbing construction activity.

c.

Nonpoint discharges from agricultural facilities and practices.

d.

Nonpoint discharges from silviculture activities.

e.

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

(3)

Notwithstanding the applicability requirements in par. (1), this article applies to construction sites of any size that, as determined by the village administrator, are 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, or that increases water pollution by scouring or transporting of particulate.

(b)

Jurisdiction . This article applies to land disturbing construction activity on lands within the boundaries and jurisdiction of the village.

(c)

Exclusions . This article is not applicable to activities conducted by a state agency, as defined under Wis. Stats., § 227.01(1).

(Ord. No. 02-O-16, 3-21-2016)