ORD20091290-Wetland Setbacks-Published Version
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1290
AN ORDINANCE TO AMEND CHAPTERS 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 (7), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
(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. 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. Any DNR restrictions relating to wetlands and
wetland offsets apply in addition to these regulations.
A. Wetland Protection Offsets Distances: The offset distance is fifteen (15) feet from
any delineated wetland. All wetland delineations must receive DNR concurrence.
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.),
or any other feature deemed a structure or building by Community Development
Director or his/her designee. Landscape features (including, but not limited to
fences, retaining walls, planting beds, plantings, etc.) are allowed within the
Wetland Protection Offset area as long as they do not cross into and/or impact
the wetlands. Grading, excavation, and filling are allowed within the Wetland
Protection areas as long as they do not cross into and/or impact the wetlands.
Per the discretion of the Community Development Director or his/her designee,
the only exceptions to these requirements shall be work associated with
approved DNR wetland disturbance activities (examples: wetland board walks,
wetland crossings).
SECTION 2: Chapter 18, Section 18.31 (3) (b) 23., of the Municipal Code of the City of
Muskego is hereby amended, and Section 18.31 (3) (b) 24. is hereby created:
23. Show the City of Muskego’s Wetland Protection Offsets, as identified in the
Zoning Code.
24. Show any applicable DNR wetland setbacks/offsets as required.
SECTION 3: Chapter 18, Section 18.32 (3) (b) 16., of the Municipal Code of the City of
Muskego is hereby amended, and Section 18.32 (3) (b) 17. is hereby created:
16. Show the City of Muskego’s Wetland Protection Offsets, as identified in the
Zoning Code.
17. Show any applicable DNR wetland setbacks/offsets as required.
Ordinance #1290 Page 2
SECTION 4: Chapter 18, Section 18.33 (3) (b) 21., of the Municipal Code of the City of
Muskego is hereby amended, and Section 18.33 (3) (b) 22. is hereby created:
21. Show the City of Muskego’s Wetland Protection Offsets, as identified in the Zoning
Code.
22. Show any applicable DNR wetland setbacks/offsets as required.
SECTION 5: 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 any applicable DNR wetland setbacks/offsets. Also, the City of Muskego’s
Wetland Protection Offsets identified in the Zoning Code to serve as a protection
buffer.
SECTION 6: A Public Hearing was held regarding the proposed amendments on January 27,
2009 in front of the Common Council.
SECTION 7: This ordinance shall be in full force and effect from and after its passage and
publication.
TH
PASSED AND APPROVED THIS _14___ DAY OF APRIL____ , 2009.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST:
_________________________
Clerk-Treasurer