ECSWM Requirements

Permit Process Applicability

Erosion Control and Stormwater Management (ECSWM) Permits include a plan and checklist that describes the steps a developer, contractor, or landowner will take to prevent soil erosion on disturbed sites.  Some projects will also require plans to permanently manage runoff from the site after all construction is complete.

  • Information on Applicability and Filing
  • Erosion Control Permit is required if project: 
    • Disturbs more than 4,000 square feet
    • Removes or fills more than 400 cubic yards of material.
    • The Dane County USLE worksheet is required with the permit. The DNR worksheet may also be used; however, due to differences in underlying assumptions, a maximum loss of 5 tons/acre should be assumed when using the DNR worksheet, as opposed to a maximum loss of 7.5 tons/acre using the Dane County worksheet.
    • Please use the 6/6/2022 version of the permit.
  • Stormwater Management Permit is required if project: 
    • Creates more than 20,000 square feet of impervious area
    • Development that requires a subdivision plat or CSM
    • Redevelopment, as defined in section 30-20 of the Fitchburg Ordinance
    • Please use the 6/6/2022 version of the permit.

Review Process

Erosion and stormwater control permit administration, and the expected timeframe for approval, is discussed in Chapter 30, Article II Sec. 30-26 of Fitchburg's Code of Ordinances. The review process will not begin until all permit application materials have been received by the City of Fitchburg.

If stormwater facilities are required, a Private Stormwater Maintenance Agreement will be required (as discussed below). These agreements must be reviewed by the Environmental Engineer prior to recording (ben.schulte@fitchburgwi.gov).

Design Guidelines

Stormwater BMPs should be designed using the design standards listed below. A P.E. stamp will be required on the cover of the SW Report. 

For stormwater facilities that will be owned by the City of Fitchburg, the following additional design criteria should be used:

During Construction


Erosion control measures should be maintained and required inspections should be submitted to the City via PermiTrack throughout the construction project. For more information on PermiTrack, see the bottom of this web page. If you are designated as the authorized inspector for your project, please submit the Inspection Form to be added to our PermiTrack system. Once you are in the system you will be able to access your project and complete inspections. The City follows this Standard Operating Procedure for Erosion Control and Stormwater Management Enforcement.
 
If site construction will cease over the winter months, erosion control inspectors may fill out and submit the Site Winterization Form. This form will allow site inspections to be done at a lower frequency and ensure the site is protected when in a dormant status.

Permit Closure

Permit closure requires the following items are complete:

  • Site is stabilized and has at least 70% vegetative cover
  • A recorded copy of the stormwater maintenance agreement has been received by the city
  • As-built certification has been submitted and approved
  • All special conditions of the permit have been met
  • A contact must be provided for long-term maintenance of the stormwater facilities
  • Finally all erosion control measures must be removed per city approval of permit closure

Permit Expiration

  • The permit expires at the completion of the proposed construction timeline (i.e., the USLE timeline) as stated in the application materials. The permit may be extended by submitting a revised USLE showing that soil loss criteria will be met with the new timeline. 
  • If construction of the project did not start during the original USLE timeline and the project is scheduled to be completed within 3 years of the initial date of permit issuance, the permit may be re-opened by simply submitting a revised USLE. If the project has not been constructed within 3 years of initial permit issuance, the permit is considered permanently expired and any improvements would require a new permit.
Private Stormwater Maintenance Agreement

Properties will need to have a Stormwater Maintenance Agreement recorded at the Dane County Register of Deeds for any private stormwater facilities installed such as rain gardens, storm pipes, swales, pervious pavement, and detention ponds. A legal description, map and list of measures being taken shall be included with the Maintenance Agreement. All maintenance agreements need to be reviewed by the City of Fitchburg Environmental Engineer prior to recording.
 

Ongoing Stormwater Facility Maintenance


Per ordinance, long-term maintenance of private stormwater facilities and the submission of an annual
 report is required for any facility that received a stormwater management permit (see City Ordinance
Section 40-896). The City follows this Standard Operating Procedure for Long-Term Maintenance of Private Stormwater Facilities (R-201-19) for the oversight of this requirement. In addition, any facility that has received a stormwater utility credit must submit an annual report in order to maintain the credit for having those facilities in place. 
 
The should City's template (available below) should be used to document annual inspection findings and maintenance activities. The report is due by December 31 each year, and should be submitted to the Public Works Department by uploading it to PermiTrack. If you do not have a PermiTrack login, please contact Ben Schulte at ben.schulte@fitchburgwi.gov or 608-270-4287.
 
A list of stormwater contractors can be found here. If the facility is being correctly maintained, owners may apply for a stormwater utility credit. To view private stormwater facilities in the City of Fitchburg, go to: Private Stormwater Sites in Fitchburg.
 

PermiTrack

 The city requires all ECSWM permittees to report erosion control inspections through PermiTrack, which is a we-based system allowing active construction sites to be viewed easily on a map. The map provides markers showing all currently active construction sites in the city that require an ECSWM permit.  Fitchburg has been using this system since January 1, 2014 showing all current construction sites in Madison. When you click on the map “push pin”, it will bring up information on the site and allow you to view erosion control inspections for the site and to provide a comment on the condition of the site. If you submit a comment it will be sent to City Engineering and to the permit holder for the site.  Go to: Active Construction Sites in Fitchburg
 
If you are designated as the authorized inspector for your project, please submit the Inspection Form to be added to our PermiTrack system. Once you are in the system you will be able to access your project and complete inspections.
  
For more information please contact Ben Schulte (ben.schulte@fitchburgwi.gov) at 608-270-4287.