How Wauwatosa Handles Invasive Plant Rules: A Practical Guide

Wauwatosa maintains 113 local ordinances across all categories, and 2 of those deal specifically with invasive plant rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Wauwatosa falls on the strict-to-permissive spectrum compared to other cities.

Prohibited Species

Wauwatosa bars invasive plant species from any required landscaping under Wauwatosa Municipal Code § 24.12.050. New development, redevelopment and parking-lot landscaping plans reviewed by the city cannot use invasive species to satisfy planting requirements, and the code separately defines invasive species by reference to Wisconsin's own NR 40 invasive species rule.

Key details: Rule: Invasive species barred from required landscaping. Section: § 24.12.050 (Plant Selection). Definition source: Wisconsin Invasive Species Rule, NR 40. Exempt: Single-family, two-unit and attached houses. Plan certification: Wisconsin registered landscape architect required.

A landscape plan that specifies an invasive species will not be approved, and the city can withhold site plan, conditional use or building permit sign-off until the plant list is corrected under § 24.17.020's general zoning enforcement powers. Because required landscaping must be installed and verified before a certificate of occupancy issues, substituting a prohibited species after approval can also delay occupancy and put the landscaping performance surety at risk.

Front Yard Gardens

Wauwatosa prohibits planting a produce garden in the front setback of any residential property under Section 15.32.050. Flowering, fruit, ornamental and shade trees are excluded from the ban. Property owners may appeal to their aldermanic district's ward building board, which can grant a variance if the garden will not hurt nearby property values.

Key details: What's banned: Produce/vegetable gardens in the front setback. Trees excluded: Flowering, fruit, ornamental and shade trees allowed. Appeal body: Ward building board of the aldermanic district. Variance standard: Must not adversely affect nearby property values. Adopted: Ord. O-94-18, 1994.

A produce garden planted in a front setback in violation of Section 15.32.050 is enforced the same way as other Chapter 15.32 conditions: through Section 15.32.060's order-to-correct process, followed by Section 15.32.070's general penalty provisions and a citation under Section 1.24.010 and Wisconsin Statute Chapter 800 if the condition is not corrected.

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

The Bottom Line

Wauwatosa's invasive plant 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 Wauwatosa is broadly strict or permissive.

All of the above reflects Wauwatosa's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.