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Wauwatosa, WI Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

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

Summary

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.

Plant Selection. Trees and plants selected for required landscape areas must be well-suited to the microclimate and on-site soil conditions. ... Invasive species may not be used to meet landscape requirements.

Full Breakdown

Wauwatosa's landscaping and screening chapter requires every plant selected for a required landscape area to be well-suited to the site's microclimate and soil, rated for USDA Hardiness Zones 1 through 5, and compliant with the American Standards for Nursery Stock. 050 states flatly that invasive species may not be used to meet landscape requirements. 12, meaning new parking lot construction, perimeter and interior vehicular use area landscaping, required screening, and other development or redevelopment projects reviewed by the city; detached, semi-detached, attached and two-unit houses are exempt from the landscaping chapter entirely, so the invasive-species rule mainly binds commercial, multi-family and institutional projects.

The zoning ordinance's terminology chapter defines Invasive (plant) Species as plant species regulated under the Wisconsin Invasive Species Rule, Chapter NR 40, tying the local prohibition directly to the state's own list rather than a locally drafted one. Existing non-invasive trees and shrubs on a site can still count toward meeting the chapter's landscaping requirements if they meet the size standards, but an existing invasive plant cannot be credited. A landscape plan submitted for site plan, conditional use or building permit review must be certified by a Wisconsin registered landscape architect, giving the city a professional check on plant selection before the invasive-species rule is applied at approval.

Violations & Fines

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.

Frequently Asked Questions

Can a landscaping plan in Wauwatosa include invasive plant species?
No. Section 24.12.050 states that invasive species may not be used to meet landscape requirements, and the zoning code defines invasive plant species by reference to Wisconsin's own NR 40 invasive species rule.
Does the invasive-species rule apply to my single-family home's yard?
No. Section 24.12.010 exempts detached houses, semi-detached houses, two-unit residential buildings and attached houses from the landscaping and screening chapter entirely, so the invasive-species restriction mainly governs commercial and multi-family development.
Who checks that a landscape plan avoids invasive species?
A Wisconsin registered landscape architect must certify the landscape plan as complete, accurate and compliant before the city approves it, under § 24.12.060, giving a professional check on plant selection ahead of city review.

Sources & Official References

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