Chapter 58 Excavations

[HISTORY: Adopted by the Village Board of the Village of Holmen 2-14-1985. Amendments noted where applicable.]

§ 58-1.  Excavation permit required.

1. In addition to any other requirements imposed by the Village of Holmen, County of La Crosse, and State of Wisconsin, any property owner, land developer, or any other person, “person” herein defined to include any individual, partnership, association, or corporation including public utilities, shall be required to obtain a written excavation permit from the Village of Holmen, Village of Holmen Clerk, before grading, stripping, or disturbing the terrain of any land within the Village of Holmen except for those lands used for agricultural purposes.
2. Any applicant for such a permit shall consult with the appropriate village officials or their designees for assistance in determining the measures necessary to minimize on-site environmental damage in a manner and time frame consistent with approved soil conservation techniques. Prior to the issuance of an excavation permit, the Village Board of the Village of Holmen may, at its discretion, after taking into consideration the nature and size of the excavation, stripping, or grading project, require an agreement from the property owner, land developer, or any other person as heretofore described specifying the measures to be taken to restore the terrain to an acceptable condition within recognized soil conservation standards. In order to ensure compliance with said agreement the Village Board of the Village of Holmen may, at its discretion, require a bond or other surety to ensure compliance with the requirements and conditions of such an agreement, the amount of which bond or surety shall depend upon the size of the excavation, stripping, or grading project.

§ 58-2.  Restoration of public areas.
Any property owner, developer, or any other person as heretofore defined is further required to promptly and completely restore to a state at least as good as previously existing any part of any village road, easement, right-of-way or other public areas in the following respects:

1. The proper restoration of surface water flow courses, slopes and banks, including adequate sodding and seeding thereof, in accordance with acceptable soil conservation practices as adopted by the La Crosse County Soil and Water Conservation District and the Village Board of the Village of Holmen.
2. The proper replacement of any existing culverts or culvert structures which may have been moved or disturbed.
3. The proper restoration of any lands, including tamping and adequate seeding or sodding thereof, which have been disturbed by utility lines placed on any town road, public easements, rights-of-way, or any other public areas.

§ 58-3.  Exemption.
Any contractor, individual, partnership or corporation with a valid building permit issued by the Village of Holmen Building Inspector shall be exempt from the requirement of this chapter for any excavation done on the land covered by the building permit.

§ 58-4.  Violations and penalties.
Any person, firm, partnership, association, or corporation violating this chapter shall upon conviction thereof forfeit not less than $200 nor more than $500 together with the cost of prosecution thereon, and in default of payment of said forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, not to exceed 30 days for each violation. Each day the violation continues shall be deemed a separate offense under this chapter.