How Ashwaubenon Handles Environmental Rules: A Practical Guide

Ashwaubenon maintains 112 local ordinances across all categories, and 5 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Ashwaubenon falls on the strict-to-permissive spectrum compared to other cities.

Flood Elevation Requirements

The Village of Ashwaubenon requires two feet of freeboard above the regional flood elevation on any new home, manufactured home, or substantially improved residential structure built in the floodfringe. That two-foot buffer is the flood protection elevation, and the lowest floor, plus at least a foot of surrounding fill extending 15 feet out, must sit at or above it before a floodplain permit can issue.

Key details: Freeboard required: 2 feet above the regional flood elevation. Fill standard: 1 foot above elevation, 15 feet beyond structure. Governing section: Ashwaubenon Municipal Code § 14-4-3(A)(1). Last amended: Ordinance No. 2-2-23, effective Feb. 28, 2023. Maximum forfeiture: Not more than $50 per day, § 14-9-1.

Building without the required elevation or fill is enforced under Section 14-9-1: any violation is referred to the Village Attorney for prosecution, and a conviction carries a forfeiture of not more than $50 plus taxable court costs, with each day of continued violation counted as a separate offense. The section also declares every violation a public nuisance that the Village, the State, or any citizen may sue to enjoin or abate under Wis. Stat. § 87.30.

Erosion Control

The Village of Ashwaubenon regulates erosion and sediment control on every construction site under Section 5-9-770, adopted under Wis. Stat. Section 61.354. Any project disturbing 4,000 square feet or more of land needs a permit and an approved erosion control plan from the director of public works before work starts, and violators face a $100 to $1,000 forfeiture per day.

Key details: Permit trigger: 4,000 sq ft of land disturbance. Sediment standard: 5 tons/acre/year on sites of 1+ acre. Inspections: Weekly, plus within 24 hrs of 0.5" rain. Permit review: 20 business days; silence = approval. Permit duration: 180 days, renewable.

Violating any part of the erosion control ordinance draws a forfeiture of not less than $100 nor more than $1,000 plus costs of prosecution, and each day the violation continues counts as a separate offense under Section 5-9-770(L)(6). The director can also post a stop-work order, revoke the permit, or ask the village attorney for a cease and desist order or an injunction, and unpaid emergency-repair costs the director incurs can be billed to the responsible party or placed on the property tax roll as a special assessment.

Stormwater Management

Ashwaubenon requires a post-construction stormwater permit under Section 5-9-771 before any non-exempt land disturbing project can proceed. The rules cap peak runoff from post-development sites at pre-development rates for the 1-, 2-, 10- and 100-year storms and require best management practices that hold pollutant loads down long after construction ends, enforced by the director of public works with $100 to $1,000 forfeitures.

Key details: Peak discharge cap: No higher than pre-development, 1-100 yr storms. Infiltration standard: 60-90% of pre-development, by land use. Exempt: 1-2 family homes disturbing under 1 acre. Maintenance agreement: Recorded with Brown County Register of Deeds. Alternate requirements: Sites under 20,000 sq ft impervious surface.

Noncompliance draws a forfeiture of not less than $100 nor more than $1,000 per offense plus costs of prosecution under Section 5-9-771(M)(9), with each day of violation a separate offense. The director can post a stop-work order, revoke the permit, or refer the matter to the village attorney for a cease and desist order or injunction, and if a violation threatens property or state waters the director may enter the land, make emergency repairs, and bill the responsible party for the cost plus interest.

Boat Dock Permits

In the Village of Ashwaubenon's shoreland-wetland zoning district, most new development needs a permit from the Zoning Administrator, but Municipal Code Section 23-1-302(A)(2)(e) specifically exempts piers, docks, walkways and trail bridges built on pilings from that local permit, so long as no wetland alteration occurs. Builders still answer to state law: Wisconsin Statutes chapters 30 and 31 govern construction over navigable waters regardless of the local exemption.

Key details: Local dock/pier permit: Exempt under Section 23-1-302(A)(2)(e). Permit issuer (other development): Village Zoning Administrator. Permit validity: Expires 1 year from issuance. State law layer: Wis. Stats. chs. 30 and 31 still apply. Boathouse setback: Must sit entirely above high-water mark.

The Zoning Administrator refers any shoreland-wetland development built without a required permit, or a boathouse built without the correct setback or used for habitation, to the Village Attorney for prosecution under Section 23-1-208. Under the Municipal Code's general penalty section, 1-1-13, a first offense brings a forfeiture of $1.00 to $5,000.00 plus court costs, with up to 90 days in the county jail if the forfeiture goes unpaid; a second offense within a year raises jail exposure to six months, and each day a violation continues counts as a separate offense.

If you are coming from a city with tighter rules, you will find Ashwaubenon gives residents more flexibility on boat dock permits.

Flood Zones

The Village of Ashwaubenon Floodplain Zoning Ordinance is Chapter 14 of the Municipal Code, adopted under Wis. Stat. Sec. 61.35, Sec. 62.23, and Sec. 87.30, in conformance with Wis. Admin. Code Ch. NR 116 and 44 CFR 59-72. Sec. 14-1-7 establishes the Floodway District (FW), Floodfringe District (FF), and General Floodplain District (GFP) corresponding to A, AE, AH, and AO zones on the FEMA FIRM. Official maps cited in Sec. 14-1-6(B)(1) include Brown County FIRM panels 55009C0168G, 0254G, 0256G, and 0258G dated May 9, 2023, plus panels 55009C0144G, 0163F, 0164F, 0234F, 0251F, 0252F, and 0253F dated August 18, 2009, with the Brown County Flood Insurance Study (FIS) volumes 55009CV001C-CV004C dated May 9, 2023. Sec. 14-1-5 sets the Flood Protection Elevation at 2 feet of freeboard above the Regional Flood Elevation. Floodplain permits are administered by the Community Development Department.

Key details: Sec 14: Sec. 14-1-1 statutory authority: Wis. Stat. Sec. 61.35, Sec. 62.23, and Sec.. Flood Zone: Floodplain districts in Sec. 14-1-7: Floodway, Floodfringe, General Floodplain. Effective Brown: Effective Brown County FIRM panels 0168G, 0254G, 0256G, 0258G dated 05/09/2023. Older FIRM: Older FIRM panels 0144G, 0163F, 0164F, 0234F, 0251F, 0252F, 0253F dated 08/18/2009. Brown County: Brown County FIS volumes CV001C-CV004C dated 05/09/2023.

Sec. 14-1-10 makes any structure or use located, constructed, repaired, extended, or altered without full compliance and a floodplain permit a violation. Penalties are in Article 10 of Chapter 14. Sec. 17-9-200 of the Zoning Code authorizes the Village Attorney to seek injunction, mandamus, abatement, or removal, with forfeitures under the Sec. 1-1-13 bond schedule. Wis. Stat. Sec. 87.30(2) requires local enforcement, and noncompliance can lead to suspension from the National Flood Insurance Program under 44 CFR Part 59.

This is one of the stricter rules in Ashwaubenon's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Ashwaubenon's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Ashwaubenon is broadly strict or permissive.

This guide is based on Ashwaubenon's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.