Environmental Requirements for Development
The City of Madison wants to ensure that all new development and redevelopment projects consider the historical uses of proposed development properties and properly manage any contaminated soil, groundwater, or vapor in accordance with the regulations of the Wisconsin Department of Natural Resources (WDNR) and the Department of Safety and Professional Services (DSPS). Environmental conditions may be incorporated into developer agreements. These measures are intended to reduce risks to public health and the environment associated with potential or known contamination. General environmental requirements are summarized below.
New Development
New development is on properties that have only been used as agricultural fields or remained unimproved natural land with no history of land modification.
- For new development projects that include dedicating land to the City, a Phase I Environmental Site Assessment (ESA) report (per ASTM E1527-21) is required to be submitted to City Engineering. Additional environmental investigation, including a Phase II ESA, may be required if the Phase I ESA identifies recognized environmental conditions or other potential concerns.
- If known contaminated soil has been placed or spread on the property, City Engineering will require the developer to demonstrate that they have coordinated with the WDNR to ensure the contaminated soil is properly managed and that the developer follows all applicable WDNR and DSPS requirements for reporting, handling, and disposal.
Redevelopment
Redevelopment is on properties that will be improved, repurposed, or rebuilt on land that had previously been developed or modified.
- For redevelopment projects that include dedicating land to the City, a Phase I ESA report (per ASTM E1527-21) shall be required to be submitted to City Engineering. Additional environmental investigation, including a Phase II ESA, may be required if the Phase I ESA identifies recognized environmental conditions or other potential concerns.
- For projects involving properties with current or historical uses involving hazardous substances where no prior environmental investigation has been completed, City Engineering may recommend a Phase I ESA and, if warranted, additional environmental investigation such as a Phase II ESA. If contamination is encountered, the developer shall follow all applicable WDNR and DSPS requirements for reporting, handling, and disposal of contaminated materials.
- For projects involving properties that have undergone an environmental investigation and have known residual contamination, City Engineering shall require the developer to demonstrate that they have coordinated with the WDNR to ensure the contaminated soil is properly characterized and managed and that the developer follows all applicable WDNR and DSPS requirements for reporting, handling, and disposal.
- For projects that are being developed adjacent to properties with known or suspected contamination that could impact the development property, City Engineering shall require that the developer follow all applicable WDNR and DSPS requirements for reporting, handling, and disposal of contaminated materials.
- In instances where known contamination poses a serious risk to public health, written approval from the WDNR of investigative or remedial plans shall be required before City Engineering can approve any site disturbance permits, including demolition and/or grading.