29.030 Applicability and Jurisdiction.

(1) Applicability.

(a) This chapter applies to the following types of land development or land disturbing construction activities except as provided under subsection (1)(b) of this section:

1. Building on lots in subdivisions, on Certified Survey Map property, on existing lots of record or on unplatted lands.

2. Grading, removal of protective ground cover or vegetation, excavation, land filling, scraping or other land disturbing construction activity affecting a surface of 2,000 square feet or more.

3. Excavation and/or filling 200 cubic yards or more of ground, sand, other excavation or fill material.

4. Street, highway, road or bridge construction, enlargement, relocation or reconstruction.

5. Laying, repairing, replacing or enlarging of an underground pipe, wire, cable or other facility for a distance of 300 feet or more.

6. Disturbing slopes greater than 12 percent grade.

(b) This chapter does not apply to the following:

1. Land disturbing construction activity that includes the construction of one- and two-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 by the Wisconsin Department of Commerce under Wis. Admin. Code Comm 21.125.

2. 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.

3. Nonpoint discharges from agricultural activity areas.

4. Nonpoint discharges from silviculture activities.

5. Mill and crush operations.

(c) Notwithstanding the applicability requirements in subsection (1)(a) of this section, this chapter applies to construction sites of any size that, in the opinion of the administering authority, 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, that increases water pollution by scouring or the transportation of particulate matter or that endangers property or public safety.

(2) Jurisdiction. This chapter applies to land disturbing construction activity on construction sites and land developing activities located within the boundaries and jurisdiction of the City of Manitowoc.

(3) Exclusions. This chapter is not applicable to activities conducted by a State agency, as defined under Wis. Stat. § 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. Stat. § 281.33(2).

[Ord. 08-523 § 4, 2008. Prior code § 29.03]