ORD20081274-Wetland Setbacks
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1274
AN ORDINANCE TO AMEND CHAPTER 17 AND 18
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Wetland Setbacks)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 17, Section 5.02, of the Municipal Code of the City of Muskego is
hereby amended to create the following:
(7) Wetland Protection Offset: No building or structure shall hereafter be erected,
structurally altered, or relocated so that it is located closer than the distances listed
below to a delineated wetland area or within the delineated wetland area. The purpose
of this protection offset is to preserve the wetland areas themselves and the
environmentally sensitive areas immediately around the wetland areas. These Wetland
Protection Offsets are separate and different from any DNR wetland requirements.
A. Wetland Protection Offsets Distances: The offset distance is based upon the
susceptibility/quality of the wetland. All wetland delineations must receive DNR
concurrence, along with the DNR’s determination of the required wetland offset.
The distance determined by the DNR becomes the Wetland Protection Offset
distance for the purpose of this ordinance. The offsets are as follows:
1. 75 feet - For outstanding resource waters and exceptional resource
waters, and for wetlands in areas of special natural resource interest as
specified in s. NR 103.04.
2. 50 feet - For highly susceptible wetlands. Highly susceptible wetlands
include the following types: fens, sedge meadows, bogs, low prairies,
conifer swamps, shrub swamps, other forested wetlands, fresh wet
meadows, shallow marshes, deep marshes and seasonally flooded
basins.
3. 10 feet - For less susceptible wetlands. Less susceptible wetlands include
degraded wetlands dominated by invasive species such as reed canary
grass.
B. Protection Offset Restrictions: No building or structure shall hereafter be
erected, structurally altered, or relocated within the Wetland Protection Offsets.
This includes, but is not limited to, any building (including sheds and accessory
structures), deck, pool, any hard surface (asphalt, concrete, pavers, gravel, etc.),
fence, retaining wall, or any other feature deemed a structure or building by
Planning Director or his designee. Also, grading, excavation, and filling are not
allowed within the Wetland Protection areas. This offset excludes DNR
exceptions relating to public roadways and public right-of-ways.
Ordinance #1274 Page 2
SECTION 2: Chapter 18, Section 18.31 (3) (b) 22. is hereby amended and Section
18.31 (3) (b) 23. is hereby created as follows:
(3) SUBMITTAL REQUIREMENTS.
(b) Plat Data. All preliminary plats shall show the following:
22. Approximate location of all wetlands based on aerial photographs provided by the
Southeastern Wisconsin Regional Planning Commission. Delineation of all
wetlands and shoreland/wetlands based on a field staking by the U.S. Army
Corps of Engineers, the Wisconsin Department of Natural Resources, the
Southeastern Wisconsin Regional Planning Commission or other agency or
firm certified to make such delineation by the Federal Government or
Wisconsin Department of Natural Resources.
23. Show the Wetland Protection Offsets, as identified in the Zoning
Code.
SECTION 3: Chapter 18, Section 18.32 (3) (b), of the Municipal Code of the City of
Muskego is hereby amended to create 18.32 (3) (b) 16. as follows:
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16. Show the Wetland Protection Offsets, as identified in the Zoning Code.
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SECTION 4: Chapter 18, Section 18.33 (3) (b), of the Municipal Code of the City of
Muskego is hereby amended to create 18.33 (3) (b) 21. as follows:
21. Show the Wetland Protection Offsets, as identified in the Zoning Code.
SECTION 5: Chapter 18, Section 18.43 (2) of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) Shoreland/wetland and isolated wetland setbacks, in addition to those required by the City
Zoning Code, may be required by the Plan Commission. See the Zoning Code for more
details regarding the specific Wetland Protection Offsets.
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SECTION 6: Chapter 18, Section 18.80 2. of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
2. All wetlands as defined in NR 103.02(5) of the Wisconsin Administrative Code, including
a fifty (50) foot the Wetland Protection Offsets identified in the Zoning Code to serve as a
protection buffer.
SECTION 7: A Public Hearing was held regarding the proposed amendments on
April 8, 2008 in front of the Common Council.
SECTION 8: This ordinance shall be in full force and effect from and after its passage
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and publication.
PASSED AND APPROVED THIS 22ND DAY OF APRIL , 2008.
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Ordinance #1274 Page 3
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
First reading: 4/8/2008
ATTEST:
st
_________________________ Published this 1 day of May, 2008
Clerk-Treasurer