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Wisconsin Transportation Builders Association

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Environmental & Regulatory Tracking

KEEPING A WATCHFUL EYE

Federally funded transportation projects must undergo environmental reviews and all projects must comply with environmental standards and permitting requirements.

WTBA members work in partnership with WisDOT and local governments to construct crucial infrastructure projects while complying with environmental regulations and protecting Wisconsin’s natural resources.

Projects must comply with state and federal requirements for clean air, clean water and threatened and endangered species. Borrow and Waste sites require stormwater permits and compliance with erosion control standards. Contractors may also have permitting and compliance requirements related to portable plants and other equipment as well as quarries or pits that supply materials for road construction.

WTBA monitors state and federal legislative and regulatory activities and advocates on behalf of members with agency officials and state legislators on issues impacting construction sites and contractor operations.


LEGAL BRIEFS & RULE TRACKING

WTBA also provides information about key issues and pending state and federal rulemakings.  This information is restricted to WTBA members only.  Click the button below to log in for viewing.

Have questions about your account?  Contact us at info@wtba.org.

NEWS & NOTES

Required changes coming for designers, contractors in environmental permit processes (May 26, 2026)

New Department of Natural Resources procedures will require designers and contractors to change how they apply for stormwater permit approval on future projects.

These changes go into effect beginning with the August Project Specifications/Estimate window and WisDOT’s November 10, 2026 letting.

Design Process:

Instead of submitting a Notice of Intent (NOI) for TCGP coverage and the Erosion Control Plan during the design phase, submittals will now happen during the preconstruction phase, after the state awards a project to the prime contractor.

Construction Process:

Contractors will complete their Erosion Control Implementation Plan (ECIP) and submit it to their WisDOT project manager for review. WisDOT then has two days to look over the ECIP and send it and the NOI to DNR at the same time.

DNR has 14 working days to review the forms, then WisDOT has another two working days to compile comments for the contractor. There is no set timeframe for DNR to review and comment on subsequent submittals, but DNR has agreed to make “reasonable efforts” to return comments ASAP.

Contractors may not begin disturbing any land on a project until both the ECIP is approved and DNR agrees to coverage under the TCGP.

WisDOT Analysis & Explanation

You can read WisDOT’s full explanation of the changes HERE (NOTE: The changes are final, despite the document saying “draft”).

VIRTUAL INFO SESSIONS

WisDOT will hold two virtual information sessions to walk people through the changes. The first is Tuesday, May 26 from 1-2:30 p.m. The second is Thursday, June 25 from 1-2:30 p.m.

Click HERE for links and login information. Both meetings will be held via Microsoft Teams.


WISDOT SEEKING ECIP FORM FEEDBACK (Nov. 6, 2025)

In an effort to streamline and improve the process, WisDOT is asking for your feedback on updates to the Erosion Control Implementation Plan (ECIP) forms.

Jeremy Ashauer, the Erosion and Sediment Control Engineer for WisDOT, shared the forms and took comments from WTBA’s Environmental Committee during its meeting Nov. 5.

You can view the forms yourself by clicking each link below (Word Doc forms will download to your device).

Please submit any comments or questions to Jodi Jensen or Matt Grove no later than Friday, Nov. 14, 2025.

The forms are currently in DRAFT status and are undergoing internal review.  WisDOT intends to publish finalized forms in January 2026.

ECIP Forms Guidance

Initial ECIP Form

ECIP Form A (Amend)

ECIP Form B (Structures)

ECIP Form C (Sites)


WHAT ELSE WE TRACK

Storm water and wastewater permitting

  • Wisconsin implementation of the Federal Clean Water Act
  • Groundwater standards
  • Nonmetallic Mining and/or Processing General Permit
  • Transportation Construction General Permit (TCGP)
  • Concrete Productions Operations General Permit

Air emissions permitting

  • Wisconsin implementation of the Federal Clean Air Act
  • Rock Crushing Plants General Permit
  • Hot Mix Asphalt Plants General Permit

Threatened and Endangered Species

  • Critical habitat designations
  • Listing of new species as threatened or endangered
  • Incidental takings on transportation projects

Wetland Permitting

PFAS Regulations

Erosion Control Regulations

Pond Permitting

Reclamation Planning and Permitting

Soil Standards

Nonattainment Designations

National Environmental Policy Act (NEPA) Rules and Reviews

Portable Tank Regulation

Sustainability and Resiliency

DNR-DOT Cooperative Agreement and Attachments

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