Grading

Question: I want to grade, fill, remove or disturb soil on waterfront property. Do I need to obtain a permit and/or pay a fee?

Answer: A general permit or individual permit is required for any project that physically disturbs more than 10,000 square feet on the bank of a navigable waterway. Disturbances include the addition, removal, or redistribution of soil.

Grading permits are not required for construction or repair of public highways, agricultural use, or projects in Milwaukee County.

Follow the steps below before starting your project.

1. Determine if your waterway has a special designation that might affect the exemption or permit requirements.
2. Determine if your project will involve at least 10,000 square feet of grading on the "bank."
3. Determine if your project qualifies for a General Permit.
4. Apply for a General Permit.
5. Apply for an Individual Permit.

Step 1

Determine if your waterway has a special designation that might affect the exemption or permit requirements. Visit the search page below, enter the information about your waterway, and record any designations that it may have.

• Designated Waters Search

Step 2

Determine if your project will involve at least 10,000 square feet of grading on the "bank". The "bank" is defined in Section 30.19, Wis. Stats. [exit DNR], [PDF 627KB], and Chapter NR 341, Wis. Adm. Code. [exit DNR], [PDF 57KB]. The bank is different depending on the type of waterway where the project is located.

For a Priority Navigable Waterway (which include Trout streams, Outstanding or Exceptional Resource Waters, Lakes less than 50 acres, and other waters identified in NR 1.07, Wis. Adm. Code [exit DNR], [PDF 234KB] the bank is generally the land surface that extends 300 feet from the ordinary high water mark of any navigable waterway where the slopes are gentle.

For a Non-Priority Navigable Waterway, the bank is generally the land surface that extends 75 feet from the ordinary high water mark of any navigable waterway where the slopes are gentle.

Step 3

Determine if your project qualifies for a General Permit. Key requirements of the Grading General Permit include stormwater and erosion control plans, protective buffers for lakes, streams and wetlands, a maximum 5-foot elevation change within the bank, and a limit to sites where the bank is less than 20% before or after the grading.

Review the permit conditions found in the application materials in Step 4 to see if your project will qualify. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit. Grading projects on waters in a state natural area or a federal or state wild river must apply for an Individual Permit.

Step 4

Apply for a General Permit. To apply for a General Permit, open and print the applicable Application Packet and Fee Sheet found below.

• Grading Application Packet [PDF 317KB]
• Fee Sheet [Form #3500-053A, PDF 105KB]

Send the completed application materials, along with the fee and Fee Sheet, to the location identified on the form. If your project will not meet the conditions of a General Permit, you'll need to apply for an Individual Permit.

Step 5

Apply for an Individual Permit. To apply for an Individual Permit, open and print BOTH of the following files:

• Grading Individual Permit Application [Form #3500-053C, PDF 79KB]
• Fee Sheet [Form #3500-053A, PDF 105KB]

Send the completed application materials, along with the fee and Fee Sheet, to the county where your project is located. For more information about how your application is reviewed, see our web page on the Permit Process.

NOTICE: Federal law requires landowners of construction sites with one acre or more of land disturbance to address erosion control and storm water management by filing a storm water Notice of Intent (NOI). If your project involves the disturbance of an acre or more, you will need to obtain required storm water application materials.

If you need both a Chapter 30 Grading Permit and ch. NR 216 storm water permit coverage, the "Construction Project Consolidated Permit" may be used when applying to both programs. Refer to the Application Instructions available at the link above for proper use of the application. Be advised the submittal should contain all of the application requirements found in either the General or Individual Grading Permit Applications found above, which ever your project qualifies for. Failure to submit the required grading application materials will result in longer processing times.

Laws

Applicable statutes and codes include Section 30.19, Wis. Stats. [exit DNR], [PDF 627KB] and Chapter NR 341, Wis. Adm. Code. [exit DNR], [PDF 57KB].

Local permits and U.S. Army Corps of Engineers regulations may also apply. We advise you to contact your local zoning office and your regional U.S. Army Corps of Engineers office [exit DNR].