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

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

Key Facts

Freeboard requirement
2 feet above regional flood elevation
Fill extent
At least 15 feet beyond structure
Zone AO alternative
FIRM depth + 1 ft, or 3 ft above grade
Basement/crawl space floor
1 ft above regional flood elevation if floodproofed
Penalty
Forfeiture up to $50 per day
Enforcing official
Zoning Administrator
Chapter adopted
Ord. 2023-11, effective 9/5/2023

Summary

New construction and substantially improved homes in Waukesha's Flood Fringe District must have the lowest floor built to or above the flood protection elevation, which Municipal Code Chapter 24 defines as two feet of freeboard above the regional (base) flood elevation, with fill extending 15 feet past the structure.

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. No area may be removed from the Flood Fringe district unless it can be shown to meet §24.04(3);

Full Breakdown

Waukesha Municipal Code Chapter 24, Floodplain Zoning, adopted by Ord. 2023-11 on September 5, 2023, sets the elevation standard for building in a mapped floodplain. 07(3)(a)(i) applies that standard directly: any new residential structure, including a manufactured home, or any substantial improvement to an existing residential structure in the Flood Fringe District must have its lowest floor elevated to or above the flood protection elevation on fill, with the fill extending at least 15 feet beyond the structure and standing at least one foot above the regional flood elevation.

07(3)(a)(ii) allows a narrow exception: a basement or crawl space floor may sit just one foot above the regional flood elevation if the space is engineered watertight, with walls substantially impermeable to water and structural components able to resist hydrostatic and hydrodynamic loads, and no floor of any kind may go below the regional flood elevation itself. 07(3)(k). 08(4) sets separate elevation rules for AO and AH zones: AO structures must be elevated to the FIRM-listed depth above the highest adjacent grade plus one additional foot of freeboard, or three feet above the highest adjacent grade if no depth is listed, while AH structures go to the flood protection elevation like Flood Fringe homes. 10, which require a registered engineer's or architect's certification and a FEMA Floodproofing Certificate before a permit issues. 11.

Violations & Fines

Placing or maintaining any development in a Waukesha floodplain that fails to meet Chapter 24's elevation standards is a public nuisance under Section 24.15(1), and the City, the State, or any citizen may sue to enjoin or abate it under Wis. Stat. § 87.30. Section 24.15(2) also authorizes a forfeiture of up to $50 for each offense, with each day the violation continues counted as a separate offense. The Zoning Administrator and designees enforce the chapter under Section 24.15(3).

Frequently Asked Questions

How high must a new home's lowest floor be built above base flood elevation in Waukesha?
The lowest floor must sit at or above the flood protection elevation, which Section 24.02(33) defines as two feet of freeboard above the regional flood elevation. Section 24.07(3)(a)(i) also requires the structure to sit on fill extending at least 15 feet beyond its walls, with that fill standing at least one foot above the regional flood elevation.
Can a Flood Fringe home in Waukesha have a basement?
Yes, but only if it is engineered watertight under Section 24.07(3)(a)(ii): the basement or crawl space floor can sit just one foot above the regional flood elevation if the walls resist water passage and hydrostatic loads. No floor of any kind is permitted below the regional flood elevation itself.
What happens if a structure in Waukesha's floodplain isn't elevated correctly?
Section 24.15(2) authorizes a forfeiture of up to $50 for every day the violation continues, and Section 24.15(1) lets the City, the State, or any citizen sue to enjoin the development as a public nuisance under Wis. Stat. § 87.30.
Do commercial and industrial buildings face the same elevation rule?
Manufacturing and industrial structures in the Flood Fringe must elevate the lowest floor to the flood protection elevation, per Section 24.07(3)(d), or instead meet the certified floodproofing standards in Section 24.10, which require an engineer's plan and a FEMA Floodproofing Certificate.

Sources & Official References

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