ORD20091290-Wetland Setbacks
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. 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. 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. 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
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Ordinance #1290 Page 2
deemed a structure or building by Planning 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. Also, gGrading, excavation, and
filling are not allowed within the Wetland Protection areas as long as they
do not cross into and/or impact the wetlands. This offset excludes DNR
exceptions relating to public roadways and public right-of-ways. 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.
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.
Ordinance #1290 Page 3
TH
PASSED AND APPROVED THIS _14 __ DAY OF APRIL _ , 2009.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
First reading: 01/27/2009
Deferred: 02/10/2009, 03/10/2009
ATTEST:
rd
_________________________ Published this 23day of April, 2009
Clerk-Treasurer