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Ashwaubenon, WI Environmental Rules: Flood Elevation Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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
Enforcement
Referred to the Village Attorney

Summary

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.

Flood Protection Elevation - An elevation of two feet of freeboard above the Regional Flood Elevation. ... (1) All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.

Full Breakdown

Wisconsin's floodplain zoning mandate under Wis. 30 requires every municipality to adopt these standards, and the Village's own Chapter 14, last amended by Ordinance No. 2-2-23 on February 28, 2023, supplies the operative numbers. 'Flood Protection Elevation' is defined in Section 14-1-5 as two feet of freeboard above the Regional Flood Elevation, a safety margin that accounts for ice jams, debris accumulation, wave action and other factors that push actual flood heights above the calculated level. Section 14-4-3(A) applies that definition to the Floodfringe District: any newly constructed or substantially improved residential structure, including a manufactured home, must have its lowest floor elevated to or above the flood protection elevation on fill, and the fill itself must rise at least one foot above the regional flood elevation and extend at least 15 feet beyond the structure's limits.

A basement or crawlspace floor may instead sit at the regional flood elevation, one foot lower, only if it is engineered watertight to the flood protection elevation and can resist hydrostatic and hydrodynamic loads; no floor of any kind may go below the regional flood elevation. Contiguous dryland access outside the floodplain is required unless Ashwaubenon Public Safety gives written assurance that wheeled-vehicle rescue is available or the Village has a DNR-approved evacuation plan. The same flood protection elevation standard extends to accessory structures under Section 14-4-3(B) at the regional flood elevation on fill, to manufacturing and industrial buildings under Section 14-4-3(D) at the flood protection elevation or dry-floodproofed under Section 14-8-7, and to sewage systems, wells and stored hazardous materials under Sections 14-4-3(E), (G) and (H).

Violations & Fines

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.

Frequently Asked Questions

How much freeboard does Ashwaubenon require above the flood elevation?
Section 14-1-5 defines the flood protection elevation as two feet of freeboard above the regional flood elevation, and Section 14-4-3(A)(1) requires every new or substantially improved residential structure in the floodfringe to have its lowest floor built to or above that elevation on fill extending at least 15 feet beyond the structure.
Can a basement sit below the flood protection elevation?
Only as an engineered watertight basement or crawlspace under Section 14-4-3(A)(2): the floor may rest at the regional flood elevation, one foot below the flood protection elevation, if the walls are substantially impermeable and can resist hydrostatic and hydrodynamic forces. No floor of any kind is allowed to go lower than the regional flood elevation.
What happens if a structure is built without meeting the elevation standard?
Section 14-9-1 makes the violation a matter referred to the Village Attorney, punishable by a forfeiture of not more than $50 per day plus taxable court costs, and the Village, the State, or any citizen may also sue to abate the noncompliant structure as a public nuisance under Wis. Stat. § 87.30.

Sources & Official References

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