PCR2009006a2
AMENDED
RESOLUTION #P.C. 006-2009
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTERS 17 AND 18
OF THE MUNICIPAL CODE RELATING TO WETLAND PROTECTION SETBACKS
WHEREAS, Chapter 17 regulates zoning regulations and Chapter 18 regulates land division regulations within the
City of Muskego, and
WHEREAS, In May 2008 the City adopted specific wetland protection offset regulations that were based upon the
basic principals of the DNR wetland protection offset regulations, but after the regulations were in place for a
while it was realized that the new requirements were not practical or fair to a large portion of the City’s residents,
and
WHEREAS, The Planning and Engineering Divisions of the Community Development Department met with the
DNR to discuss the current DNR wetland protection regulation in more detail, our current protection offset
regulations, and possible changes to our offset regulations, and
WHEREAS, The DNR informed the City that their regulations do not apply if there is less than one (1) acre of land
disturbance and meant that their regulation does not apply to most Muskego homeowners, depending on their
project. The DNR also informed us that even when their regulations do apply, there are various items that can be
done to waive or lessen their requirements, and
WHEREAS, Based upon the meeting and research, a set distance of fifteen (15) feet for the wetland protection
offset is being proposed, which will allow current residents within the City the ability to more easily use their
property to a practical extent and allow them to improve their property without harming the wetlands, while still
being more restrictive than the DNR requirements, and
WHEREAS, One additional change is that the proposed ordinance will allow grading, excavation, and filling within
the protection offset, which we found is allowed by the DNR as long as the wetlands are not impacted, and
WHEREAS, Any City wetland protection offset regulations will still be in addition to any applicable DNR
regulations, which means that if there is over one (1) acre of land disturbance then the DNR regulations will apply
in addition to the City’s regulations. This will help ensure a double layer of protection.
WHEREAS, A public hearing is scheduled to consider the amendments on January 27, 2009.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval of the attached changes to
Chapter 17 and 18 of the Municipal Code relating to wetland protection offsets to the Common Council.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the text in Section 5.07(7)A instead
be changed as follows:
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. 30 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. 20 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.
Plan Commission
City of Muskego
Adopted: April 7, 2009
Defeated:
Deferred: February 3, 2009, March 3, 2009
Introduced: February 3, 2009
ATTEST: Kellie McMullen, Recording Secretary
Attachment #1: Chapter Amendments
Amendments to Chapter 17, Section 5.02 - BUILDING LOCATION
(7) (Ord. #1274 – 05/01/2008) 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.
B. 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.
C. 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 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
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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).
Amendments to Chapter 18, Section 18.31(3)(b)
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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.
Amendments to Chapter 18, Section 18.32(3)(b)
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.
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Amendments to Chapter 18, Section 18.33(3)(b)
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.
Amendments to Chapter 18, Section 18.80
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.