Environmental Rules in West Allis, WI

If you live in West Allis or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. West Allis has 3 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Flood Elevation Requirements

West Allis requires new and substantially improved structures in mapped floodplains to elevate their lowest floor at least two feet above the regional flood elevation, a freeboard standard set in the city's Floodplain Zoning Ordinance.

Key details: Freeboard required: 2 ft above regional flood elevation. Applies in: Floodway, Floodfringe, General Floodplain, Flood Storage Districts. Enforced by: Zoning Administrator / Floodplain Administrator. Permit required: Floodplain Development Permit before construction. Penalty: Up to $50 per day.

Building below the required flood protection elevation is a code violation, punishable by a forfeiture of up to $50 per day, and creates a public nuisance the city may abate by court action.

Flood Zones

The City of West Allis participates in the National Flood Insurance Program (NFIP) and regulates floodplain development in conformance with Wis. Stat. Sec. 87.30 and Wisconsin Administrative Code Chapter NR 116, plus 44 CFR Parts 59-72. Honey Creek (a tributary of the Menomonee River) and the Kinnickinnic River watershed run through the city and are the principal regulated waterways. The city maintains a public Flooding Tracker GIS service that shows the FEMA 100-year floodplain and floodlines for West Allis. Development in mapped Special Flood Hazard Areas requires zoning approval; new residential structures are prohibited in the regulatory floodway, and habitable space in the flood fringe must be elevated to the flood protection elevation.

Key details: Wis. Stat.: Wis. Stat. Sec. 87.30 mandates local floodplain zoning. Wis. Admin.: Wis. Admin. Code Chapter NR 116 sets minimum floodplain standards. Honey Creek: Honey Creek and Kinnickinnic River tributaries are principal flood sources. City Maintains: City maintains Flooding Tracker FEMA Floodplain GIS service. Insurance: City participates in the National Flood Insurance Program (NFIP).

Wis. Stat. Sec. 87.30(2) and NR 116.21 require enforcement of local floodplain zoning. Filling, structural development, or occupancy of habitable space in the floodway, or building below the flood protection elevation in the flood fringe, can result in citation, daily forfeitures, removal/restoration orders, and loss of NFIP eligibility for the property. Misrepresenting elevation data on a permit application is independently actionable. Failure of a community to enforce can lead to suspension from the NFIP under 44 CFR Part 59.

Compared to other cities, West Allis takes a harder line on flood zones. The enforcement and penalty structure reflects that.

Erosion Control

West Allis requires a Building Inspector-approved control plan and permit before any construction site disturbs 4,000 square feet or more of ground, to keep sediment out of city waters.

Key details: Trigger: 4,000 sq ft or 400 cu yd disturbed. Approval needed: Control plan + Building Inspector permit. Permit length: 180 days, extendable. Bond required: If control cost exceeds $5,000.

Starting land-disturbing work of 4,000+ square feet without an approved control plan and permit, or failing to install or maintain required erosion controls, can draw a stop-work order and revocation of the permit.

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

The Bottom Line

West Allis is tougher than many cities when it comes to environmental rules. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in West Allis, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

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