Is Coal Tar Driveway Sealer Banned in Waukesha? The Rules, and Which Sealer to Choose
September 9, 2026
The City of Waukesha has no coal-tar rule, but a driveway or lot a few miles east does, and the choice between coal tar and asphalt emulsion is easier than the patchwork suggests.
The short answer for Waukesha
No. The City of Waukesha does not appear on the published lists of Wisconsin jurisdictions that restrict high-PAH pavement sealants, and neither does Waukesha County as a county. Brookfield, Pewaukee, New Berlin and Delafield are not on those lists either, and there is no statewide Wisconsin rule. But the map around Waukesha is a patchwork, and it matters to anyone who owns or manages pavement in more than one town.
- Elm Grove, inside Waukesha County, prohibits the application, sale and display of sealants containing more than 1.0 percent PAHs by weight, effective August 28, 2017.
- Milwaukee banned the sale and use of high-PAH sealants on February 7, 2017, by a unanimous Common Council vote, with a threshold of 1 percent PAH by weight.
- West Allis tightened its rule in 2025 to a 0.1 percent threshold, with each day of violation treated as a separate offense.
- Dane County was first in Wisconsin: its ordinance took effect in 2007 and bans the use, sale or retail display of sealcoat products labeled as containing coal tar.
- A national tracking list of local bans shows 26 Wisconsin jurisdictions in all, including Wauwatosa, Greenfield, Franklin, Oak Creek, Racine and Green Bay.
What is actually in the bucket
Coal tar sealer is made from refined coal tar pitch, a byproduct of turning coal into coke. Asphalt-emulsion sealer is asphalt suspended in water with clay and additives. EPA's stormwater fact sheet reports that coal-tar sealcoat typically contains 20 to 35 percent coal tar pitch, and that the pitch itself is 50 percent or more polycyclic aromatic hydrocarbons, or PAHs, by weight. Minnesota's pollution control agency, in a state with a statewide ban in effect since January 1, 2014, describes asphalt-based sealants as having far lower PAH concentrations. Washington banned sales in 2012 and use in 2013.
The Milwaukee evidence is why the local bans happened. A USGS study with the Milwaukee Metropolitan Sewerage District, released in December 2016, sampled 40 streambed sites and found coal-tar sealcoat accounted for 42 to 94 percent of the PAHs in the sediment. At the worst sites, Lincoln Creek, Underwood Creek and the West Milwaukee Ditch, 78 percent of samples carried PAH levels considered harmful to aquatic life. EPA's runoff figure is starker: PAHs in stormwater from parking lots sealed with coal tar ran 65 times higher than from unsealed lots. Sealer wears off, and in Waukesha the Fox River is where that wear ends up.
Does asphalt emulsion hold up to a Waukesha winter?
This is the real question for a homeowner in Frame Park or off East Broadway, and the answer is yes, with a condition. A two-coat asphalt-emulsion job over clean, crack-filled pavement performs on the same two-to-three-year rotation as any coating in this climate. What shortens the life of either product is the same list: 143 days a year with a low at or below freezing at the Waukesha station, months of plow and shovel abrasion, brine tracked in from the road, and sun. Prep decides the outcome more than the base chemistry does. A driveway sealcoating job that skips the crack fill fails early no matter what was in the bucket.
Why the ordinance map matters for property managers
A property manager with a strip center in Waukesha, an office lot in Brookfield and a building in Elm Grove or Wauwatosa faces three rule sets. The practical move is one product across the whole portfolio. An asphalt-emulsion spec that is legal everywhere removes the question, keeps a single maintenance record, and avoids a crew arriving in Elm Grove with the wrong pails. Parking lot sealcoating bids should name the product and its PAH content so the file is clean if a municipality ever asks. The Brookfield page covers the next town over.
What to ask before the crew starts
The base material is stated on every product's safety data sheet, so the question is easy to settle before the first pail is opened. The site's coal tar vs asphalt sealer guide goes deeper on the chemistry and carries the full ordinance list; these are the questions that belong in the conversation:
- The product name and its safety data sheet; the base material, and the words coal tar if present, will be on it.
- Whether cracks wider than a quarter inch are filled first, and with what.
- How many coats, and whether the second goes on only after the first has dried.
- Whether sand is added for traction on a slope or the apron.
- The cure plan: 24 hours off the surface, with no rain in that window.
How to decide
If the pavement is inside the City of Waukesha, both products are legal today. Asphalt emulsion is the choice that stays legal if the city follows Elm Grove and Milwaukee, that keeps the Fox River out of the equation, and that performs on the same rotation when the prep is right. If any of the pavement is in Elm Grove, Milwaukee, West Allis or Dane County, the decision has already been made by ordinance. Sealcoating quotes across Waukesha and the neighboring towns should state the sealer in writing, so the choice is on paper before the truck arrives.
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Quick Answers
Is coal tar sealer illegal in Waukesha, WI?
No. The City of Waukesha and Waukesha County do not appear on the published lists of Wisconsin jurisdictions restricting high-PAH sealants, and Wisconsin has no statewide rule. Elm Grove, inside the county, has banned sealants over 1.0 percent PAH since August 28, 2017, and Milwaukee, West Allis and Dane County have their own bans, so check the municipality of each property.
How can I tell if coal tar was used on my driveway?
Ask for the product name and read the label or safety data sheet, which states the base material; coal tar products say so. If the contractor cannot produce either, treat the product as unknown. For future work, write the sealer name and the number of coats into the scope so the record is on paper and can be checked against the ordinance in whatever municipality the pavement sits.
Does asphalt emulsion sealer last as long as coal tar in Wisconsin?
On a properly prepared driveway, yes. A two-coat asphalt-emulsion application over clean, crack-filled pavement runs on the same two-to-three-year rotation expected of any coating in this climate. Longevity here is driven by freeze-thaw, plow abrasion, brine and sun, and by prep quality, far more than by which base material is in the sealer.