This article is adopted pursuant to the authorization in Wis. Stats. §§ 59.69, 59.692, 59.694 and 87.30.

(Code 1987, § 20.01(1); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004)

Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

(Code 1987, § 20.01(2); Res. No. 87-03, 4-21-1987)

This article is intended to regulate floodplain development to:

(1)

Protect life, health and property;

(2)

Minimize expenditures of public funds for flood control projects;

(3)

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(4)

Minimize business interruptions and other economic disruptions;

(5)

Minimize damage to public facilities in the floodplain;

(6)

Minimize the occurrence of future flood blight areas in the floodplain;

(7)

Discourage the victimization of unwary landbuyers and homebuyers;

(8)

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(9)

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(Code 1987, § 20.01(3); Res. No. 87-03, 4-21-1987)

(a)

Areas to be regulated. This article regulates all areas that would be covered by the regional flood or base flood as shown on the flood insurance rate map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the flood insurance study (FIS) and are shown as AE, A1-30, and AH zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional flood elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

(b)

Official maps and revisions.

(1)

Designation; revision. The boundaries of all floodplain districts are designated as AE, AH, AO or A1-30 on the maps based on the flood insurance study (FIS) listed in subsection (b)(2) of this section and the revisions in the county floodplain appendix. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the flood insurance rate map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see s. 8.0 Amendments) before it is effective. No changes to (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the county zoning office. If more than one map or revision is referenced, the most restrictive information shall apply.

(2)

Official maps based on the FIS by FEMA, dated March 17, 2014.

Flood insurance rate map panel numbers:

55107C0070D, 55107C0090D, 55107C0095D, 55107C0115D, 55107C0120D, 55107C0140D, 55107C0145D, 55107C0165D, 55107C0170D, 55107C0190D, 55107C0195D, 55107C0210D, 55107C0230D, 55107C0235D, 55107C0245D, 55107C0255D, 55107C0260D, 55107C0265D, 55107C0270D, 55107C0280D, 55107C0285D, 55107C0290D, 55107C0295D, 55107C0305D, 55107C0310D, 55107C0315D, 55107C0317D, 55107C0319D, 55107C0320D, 55107C0330D, 55107C0335D, 55107C0337D, 55107C0338D, 55107C0339D, 55107C0345D, 55107C0360D, 55107C0365D, 55107C0370D, 55107C0380D, 55107C0385D, 55107C0389D, 55107C0390D, 55107C0395D, 55107C0410D, 55107C0420D, 55107C0430D, 55107C0435D, 55107C0440D, 55107C0445D, 55107C0455D, 55107C0460D, 55107C0465D, 55107C0470D, 55107C0480D, 55107C0484D, 55107C0485D, 55107C0486D, 55107C0487D, 55107C0488D, 55107C0489D, 55107C0491D, 55107C0492D, 55107C0493D, 55107C0494D, 55107C0501D, 55107C0502D, 55107C0503D, 55107C0504D, 55107C0510D, 55107C0511D, 55107C0515D, 55107C0520D, 55107C0530D, 55107C0535D, 55107C0540D, 55107C0545D, 55107C0555D, 55107C0560D, 55107C0565D, 55107C0570D, 55107C0580D, 55107C0590D, 55107C0595D, 55107C0610D, 55107C0620D, 55107C0630D, 55107C0635D, 55107C0640D, 55107C0645D, 55107C0651D, 55107C0652D, 55107C0653D, 55107C0654D, 55107C0658D, 55107C0659D, 55107C0660D, 55107C0665D, 55107C0666D, 55107C0667D, 55107C0676D, 55107C0677D, 55107C0678D, 55107C0679D, 55107C0685D, 55107C0686D, 55107C0687D, 55107C0691D, 55107C0692D, 55107C0705D, 55107C0710D, 55107C0715D, 55107C0720D, 55107C0730D, 55107C0735D, 55107C0740D, 55107C0745D

all dated March 17, 2014; with corresponding profiles that are based on the flood insurance study (FIS) volume number 55107CV000B, dated March 17, 2014.

(3)

Official maps based on other studies. Any maps referenced in this section must be approved by the DNR.

a.

Report of Hydraulic Modeling for Lea Lake Dam (a.k.a. Lea Flowage Dam), dated July 9, 2004, prepared by Carthel Engineering for Morgan and Parmley and Rusk County Forestry. Approved by the DNR and FEMA.

b.

Report of Regional Flood Elevation Determination Chippewa River for Patrick Kelly, April 1996, prepared by Cooper Engineering. Approved by the DNR and FEMA.

c.

Report of Regional Flood Elevation Determination Chippewa River for Patrick Kelly, July 1995, prepared by Cooper Engineering. Approved by the DNR and FEMA.

d.

Dam Break Analysis for Hemlock Creek, October 1, 1993, prepared by Envirosystems Consulting Group. Approved by the DNR and FEMA.

e.

Dam Break Analysis for Island Lake, February 12, 2012, prepared by Morgan and Parmley, Ltd. Approved by the DNR Field File #54.02, KSN 294.

f.

Dam Break Analysis for Middle Fork Main Creek, August 10, 2009, prepared by Northern Environmental. Approved by the DNR. Field File 54.17.

g.

Letter of Map Revision 18-05-1900P affecting map panel numbers 55107C0465D and 55107C0470D Effective February 1, 2019. (Amacoy Lake Levee) - including that part of the Chippewa River studied in the Engineering Report for Amacoy Lake Levee dated May, 2016 and approved by the Wl DNR on December 4, 2018.

h.

Floodplain study Appendix: All DNR and FEMA approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located in the appendix of the ordinance from which this article is derived, on file in the county clerk's office.

(c)

Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:

(1)

The FW Floodway District is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE zones as shown on the FIRM.

(2)

The FF Floodfringe District is that portion of the floodplain between the regional flood limits and the floodway.

(3)

The GFP General Floodplain District is those areas that have been or may be covered by floodwater during the regional flood.

(d)

Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection (d)(1) or (2) of this section. If a significant difference exists, the map shall be amended according to section 50-191. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to section 50-190(c) and the criteria in subsections (d)(1) and (2) of this section.

(1)

If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.

(2)

Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the department.

Note— Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment.

(e)

Removal of lands from floodplain. Compliance with the provisions of this article shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 50-191

(f)

Compliance. Any development or use within the areas regulated by this article shall be in compliance with the terms of this article, and other applicable local, state, and federal regulations.

(g)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this article and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation is exempt when Wis. Stats. § 30.2022 applies.

(h)

Abrogation and greater restrictions.

(1)

This article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 59.69, 59.692, 59.694 or 87.30 that relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(2)

This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this article imposes greater restrictions, the provisions of this article shall prevail.

(j)

Warning and disclaimer of liability. The flood protection standards in this article are based on engineering experience and research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This article does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this article create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this article.

(k)

Annexed areas for cities and villages. The county floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Wis. Admin. Code ch. NR 116 and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

(l)

General development standards. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development which meets the subdivision definition of this article.

(Code 1987, § 20.01(5); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 05-34, 7-26-2005; Res. No. 10-05, 1-26-2010; Res. of 3-29-2011; Amend. of 11-12-2013; Res. No. 10-05C, 1-27-2015; Res. No. 16-21A, 1-22-2019)

The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development which meets the subdivision definition of this article and all other requirements in [section] 50-490(b). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages.

(Amend. of 11-12-2013)

(a)

No floodplain development shall:

(1)

Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

(2)

Cause any increase in the regional flood height due to floodplain storage area lost.

(b)

The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood, based on the officially adopted FIRM or other adopted map, unless the provisions of division 8 are met.

(c)

Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this article, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 50-191.

(Code 1987, § 20.02(1); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

Note— This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.

No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of section 50-357 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, and pursuant to division 8, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(Code 1987, § 20.02(2); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

Development which requires a permit from the department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to division 8.

(Code 1987, § 20.02(3); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

(1)

The campground is approved by the department of health services or its agent.

(2)

A land use permit for the campground is issued by the zoning committee.

(3)

The character of the water body and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants.

(4)

There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the county zoning office, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation. The floodway plan or the floodfringe plan shall include:

a.

Who is responsible for moving each and every camping unit;

b.

Contact information of the camping unit owners;

c.

Contact information of the party contracted to move the camping units; and

d.

Descriptions of the equipment to be used for the evacuation of the camping units.

(5)

This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated by the officials identified in subsection (4) of this section to remain in compliance with all applicable regulations, including those of the state department of health services or its agent and all other applicable regulations.

(6)

Only camping units that are fully licensed, if required, and ready for highway use are allowed.

(7)

The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. For campgrounds in the floodfringe, in lieu of moving camping units every 180 days, the campground owner and camping unit owner shall prove they have the ability to move the camping unit (i.e., the camping units wheels shall be inflated to the required level, no permanent skirting, and no additions or decks attached to the camping unit).

(8)

All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section.

(9)

The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.

(10)

All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either section 50-186 or 50-187 for the floodplain district in which the structure is located.

(11)

The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued.

(12)

All service facilities, including, but not limited to, refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

(Code 1987, § 20.02(4); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. 05-54, 11-8-2005; Amend. of 11-12-2013)

This division applies to all floodway areas on the floodplain zoning maps and those identified pursuant to section 50-437.

(Code 1987, § 20.03(1); Res. No. 87-03, 4-21-1987)

The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if they are not prohibited by any other ordinance, they meet the standards in sections 50-381 and 50-382 and all permits or certificates have been issued according to section 50-490:

(1)

Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

(2)

Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

(3)

Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of section 50-381.

(4)

Uses or structures accessory to open space uses, or classified as historic structures that comply with sections 50-381 and 50-382.

(5)

Extraction of sand, gravel or other materials that comply with s. section 50-381.

(6)

Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.

(7)

Public utilities, streets and bridges that comply with section 50-381.

(Code 1987, § 20.03(2); Res. No. 87-03, 4-21-1987)

(a)

General.

(1)

Any development in the floodway shall comply with division 2 of this article and have a low flood damage potential.

(2)

Applicants shall provide the following data to determine the effects of the proposal according to division 2 of this article:

a.

A cross section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

b.

An analysis calculating the effects of this proposal on regional flood height.

(3)

The zoning administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subsection (a)(2) of this section.

(b)

Structures. Structures accessory to permanent open space uses, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

(1)

The structures are not designed for human habitation and do not have a high flood damage potential and is constructed to minimize flood damage;

(2)

It must be anchored to resist floatation, collapse and lateral movement;

(3)

Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation;

(4)

It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood; and

(5)

It shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(c)

Public utilities, streets and bridges may be allowed by permit, if:

(1)

Adequate floodproofing measures are provided to the flood protection elevation; and

(2)

Construction meets the development standards of section 50-357.

(d)

Fills or deposition of materials may be allowed by permit, if:

(1)

The requirements of section 50-357 are met;

(2)

No material is deposited in navigable waters unless a permit is issued by the department pursuant to Wis. Stats. ch. 30, and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344 et seq. has been issued, if applicable, and all other requirements have been met;

(3)

The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

(4)

The fill is not classified as a solid or hazardous waste material.

(Code 1987, § 20.03(31); Res. No. 87-03, 4-21-1987; Res. No. 10-05, 1-26-2010; Amend. of 11-12-2013)

Editor's note— An amendment adopted Nov. 12, 2013, changed the title of § 50-381 from "Standards for development in floodway areas" to "Standards for developments in the floodway."

All uses not listed as permitted uses in section 50-380 are prohibited, including the following uses:

(1)

Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;

(2)

Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(3)

Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

(4)

Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Admin. Code ch. SPS 383.

(5)

Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Wis. Admin. Code chs. NR 811 and 812;

(6)

Any solid or hazardous waste disposal sites;

(7)

Any wastewater treatment ponds or facilities, except those permitted under Wis. Admin. Code § NR 110.15(3)(b);

(8)

Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

(Code 1987, § 20.03(4); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

This division applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to section 50-437.

(Code 1987, § 20.04(1); Res. No. 87-03, 4-21-1987)

Any structure, land use, or development is allowed in the floodfringe district if the standards in section 40-410 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in section 50-490 have been issued.

(Code 1987, § 20.04(2); Res. No. 87-03, 4-21-1987)

Section 50-357 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of division 6, nonconforming uses:

(1)

Residential uses. Any structure, including a manufactured home, which is to be erected, constructed, or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of division 6, nonconforming uses:

a.

The elevation of the lowest floor, shall be at or above the flood protection elevation on fill unless the requirements of section 50-410(1)(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure;

b.

The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;

c.

Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subsection (1)d of this section.

d.

In developments where existing street or sewer line elevations make compliance with subsection (1)c of this section impractical, the municipality may permit new development and substantial improvements where access roads are below the regional flood elevation, if:

1.

The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structures by wheeled vehicles during a regional flood event; or

2.

The municipality has a DNR-approved emergency evacuation plan.

(2)

Accessory structures or uses.

a.

Accessory structures shall be constructed on fill with its lowest floor at or above the regional flood elevation.

(3)

Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of this section. Subject to the requirements of subsection (5) of this section, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(4)

Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in section 50-494. Subject to the requirements of subsection (5) of this section, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(5)

Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with section 50-494. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(6)

Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:

a.

When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair to such facilities shall only be permitted if they are designed to comply with section 50-494;

b.

Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(7)

Sewage systems. All private onsite waste treatment systems (POWTS) shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to section 50-494, to the flood protection elevation and shall meet the provisions of all local ordinances and Wis. Admin. Code ch. SPS 383.

(8)

Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to section 50-494, to the flood protection elevation and shall meet the provisions of Wis. Admin. Code chs. NR 811 and 812.

(9)

Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(10)

Deposition of materials. Any deposited material must meet all the provisions of this article.

(11)

Manufactured homes.

a.

Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

b.

In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

1.

Have the lowest floor elevated to the flood protection elevation; and

2.

Be anchored so they do not float, collapse or move laterally during a flood.

c.

Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in section 50-410.

(12)

Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in section 50-410. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

(Code 1987, § 20.04(3); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 10-05, 1-26-2010; Amend. of 11-12-2013)

Editor's note— An amendment adopted Nov. 12, 2013, changed the title of § 50-410 from "Standards for development in floodfringe areas" to "Standards for development in the floodfringe."

The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones.

(Code 1987, § 20.05(1); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

(a)

Pursuant to section 50-437, it shall be determined whether the proposed use is located within the floodway or floodfringe.

(b)

Those uses permitted in the floodway and floodfringe districts are allowed within the general floodplain district, according to the standards of section 50-188(6), provided that all permits or certificates required under section 50-490 have been issued.

(Code 1987, § 20.05(2); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

Division 3 of this article applies to floodway areas; division 4 of this article applies to floodfringe areas. The rest of this division applies to either district.

(1)

In AO/AH zones the structure's lowest floor must meet one of the conditions listed below whichever is higher:

a.

At or above the flood protection elevation; or

b.

Two feet above the highest adjacent grade around the structure; or

c.

The depth as shown on the FIRM.

(2)

In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.

(Code 1987, § 20.05(3); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

Upon receiving an application for development within the general floodplain district, the zoning administrator shall:

(1)

Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the floodzone shown on the FIRM;

(2)

Require the applicant to furnish any of the following information deemed necessary by the department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

a.

A hydrologic and hydraulic study as specified in section [50-357];

b.

A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types; and other pertinent information;

c.

Reserved.

d.

Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities;

(Code 1987, § 20.05(4); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013)

(a)

Applicability. If these standards conform with Wis. Stats. § 59.69(10), they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of the ordinance from which this article is derived or any amendment thereto.

(b)

The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this article may continue subject to the following conditions:

(1)

No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this article. The terms "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification. This includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.

(2)

The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.

(3)

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with [section] 50-410(1)c. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this subsection.

(4)

No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 50-410(1).

(5)

If on a per event basis the total value of the work being done under [subsections] (d) and (e) equals or exceeds 50 percent of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 50-410(1).

(6)

a.

Except as provided in subsection (2) of this section, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the article requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.

b.

For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.

1.

Residential structures:

a.

Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of section 50-494(b).

b.

Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

c.

Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

d.

In A zones, obtain, review and utilize any flood data available from a federal, state or other source.

e.

In AO zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 50-436(1).

f.

In AO zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

2.

Nonresidential structures:

a.

Shall meet the requirements of section 50-458(b)(1)—(5).

b.

Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in section 50-494(a) or (b).

c.

In AO zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 50-436(1).

(7)

A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with section 50-383, flood-resistant materials are used, and construction practices and floodproofing methods that comply with section 50-494 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of section 50-458(b)(1) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

(Code 1987, § 20.06(1); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Amend. of 11-12-2013; Amend. of 11-12-2013(2))

(a)

(1)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the floodway district, unless such modification or addition:

a.

Has been granted a permit or variance which meets all article requirements;

b.

Meets the requirements of section 50-458;

c.

Shall not increase the obstruction to flood flows or regional flood height; and

d.

The use must be limited to parking, building access or limited storage.

(2)

If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

a.

The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

b.

The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

c.

Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

d.

The use must be limited to parking or limited storage.

(b)

No new POWTS, or addition to an existing POWTS, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the floodway. Any replacement, repair or maintenance of an existing POWTS in a floodway area shall meet the applicable requirements of all municipal ordinances and Wis. Admin. Code ch. SPS 383.

(c)

No new well or modification to an existing well used to obtain potable water shall be allowed in the floodway. Any replacement, repair or maintenance of an existing well in the floodway shall meet the applicable requirements of all municipal ordinances and Wis. Admin. Code chs. NR 811 and 812.

(Code 1987, § 20.06(2); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. 10-05, 1-26-2010; Amend. of 11-12-2013)

Editor's note— An amendment adopted Nov. 12, 2013, changed the title of § 50-459 from "Floodway areas" to "Floodway district."

(a)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of section 50-410, except where subsection (b) of this section is applicable.

(b)

Where compliance with the provisions of subsection (a) of this section would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of adjustment, using the procedures established in section 50-492, may grant a variance from those provisions of subsection (a) of this section for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

(1)

No floor is allowed below the regional flood elevation for residential or commercial structures;

(2)

Human lives are not endangered;

(3)

Public facilities, such as water or sewer, shall not be installed;

(4)

Flood depths shall not exceed two feet;

(5)

Flood velocities shall not exceed two feet per second; and

(6)

The structure shall not be used for storage of materials as described in section 50-410.

(c)

Reserved.

(d)

All new private on-site wastewater disposal systems, or addition to, replacement, repair or maintenance of a POWTS shall meet all the applicable provisions of all local ordinances and Wis. Admin. Code ch. SPS 383.

(e)

All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this article and Wis. Admin. Code chs. NR 811 and 812.

(Code 1987, § 20.06(3); Res. No. 87-03, 4-21-1987; Res. 04-55, 12-14-2004; Amend. of 11-12-2013)

Editor's note— An amendment adopted Nov. 12, 2013, changed the title of § 50-460 from "Floodfringe areas" to "Floodfringe district."

Where a zoning administrator, planning agency or a board of adjustment has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69 and 59.692, these officials shall also administer this article.

(Code 1987, § 20.07(intro.); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004)

(a)

Generally. The zoning administrator is authorized to administer this article and shall have the following duties and powers:

(1)

Advise applicants of the article provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

(2)

Issue permits and inspect properties for compliance with provisions of this article and issue certificates of compliance where appropriate.

(3)

Inspect and assess all damaged floodplain structures and determine if substantial damage to the structures has occurred.

(4)

Keep records of all official actions such as:

a.

All permits issued, inspections made, and work approved;

b.

Documentation of certified lowest floor and regional flood elevations;

c.

Records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

d.

All substantial damage assessment reports for floodplain structures.

e.

List of nonconforming structures and uses.

f.

Floodproofing certificates.

(5)

Submit copies of the following items to the department regional office:

a.

Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;

b.

Copies of substantial damage assessments performed and all related correspondence concerning the assessments;

c.

Copies of case-by-case analyses, and other required information including an annual summary of the floodplain zoning actions taken.

(6)

Investigate, prepare reports, and report violations of this article to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the department regional office.

(7)

Submit copies of amendments to the FEMA regional office.

(b)

Land use permit. A land use permit shall be obtained before any new development or any repair or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include:

(1)

General information. A permit application shall furnish the following information:

a.

Name and address of the applicant, property owner and contractor;

b.

Legal description, proposed use, and whether it is new construction or a modification.

(2)

Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

a.

Location, dimensions, area and elevation of the lot;

b.

Location of the ordinary high-water mark of any abutting navigable waterways;

c.

Location of any structures with distances measured from the lot lines and street centerlines;

d.

Location of any existing or proposed on-site sewage systems or private water supply systems;

e.

Location and elevation of existing or future access roads;

f.

Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

g.

The elevation of the lowest floor of proposed buildings and any fill using the vertical datum of the adopted study, either National Geodetic and Vertical Datum (NGVD), or North American Vertical Datum (NAVD);

h.

Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of divisions 3 and 4 of this article are met; and

i.

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to section 50-357. This may include any of the information noted in section 50-381.

(3)

Data requirements to analyze developments. Hydraulic and hydrologic studies to analyze development.

a.

All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the department.

1.

Zone A floodplains:

a.

Hydrology.

i.

The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

b.

Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

i.

Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.

ii.

Channel sections must be surveyed.

iii.

Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.

iv.

A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.

v.

The most current version of HEC_RAS shall be used.

vi.

A survey of bridge and culvert openings and the top of road is required at each structure.

vii.

Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

viii.

Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.

ix.

The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.

c.

Mapping. A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.

i.

If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

ii.

If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.

2.

Zone AE floodplains.

a.

Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

b.

Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:

i.

Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the floodway data table in the FIS report to within 0.1 foot.

ii.

Corrected effective model. The corrected effective model shall not include any manmade physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for department review.

iii.

Existing (pre-project conditions) model. The existing model shall be required to support conclusions about the actual impacts of the project associated with the revised (post-project) model or to establish more up-to-date models on which to base the revised (post-project) model.

iv.

Revised (post-project conditions) model. The revised (post-project conditions) model shall incorporate the existing model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.

v.

All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

vi.

Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The effective model shall not be truncated.

c.

Mapping. Maps and associated engineering data shall be submitted to the department for review which meet the following conditions:

i.

Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or flood boundary floodway maps (FBFMs), construction plans, bridge plans.

ii.

Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.

iii.

Annotated FIRM panel showing the revised one percent and 0.2 percent annual chance floodplains and floodway boundaries.

iv.

If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.

v.

The revised floodplain boundaries shall tie into the effective floodplain boundaries.

vi.

All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.

vii.

Both the current and proposed floodways shall be shown on the map.

viii.

The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.

(4)

Expiration. All permits issued under the authority of this article shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.

(c)

Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions:

(1)

The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this article;

(2)

Application for such certificate shall be concurrent with the application for a permit;

(3)

If all article provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;

(4)

The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or registered architect that the requirements of section 50-494 are met. This certification shall be submitted prior to permit expiration.

(d)

Other permits. Prior to obtaining a floodplain development permit, the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344.

(Code 1987, § 20.07(1); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 10-05, 1-26-2010; Amend. of 11-12-2013; Amend. of 11-12-2013(2))

(a)

The county zoning committee shall:

(1)

Oversee the functions of the office of the zoning administrator; and

(2)

Review and advise the county board of supervisors on all proposed amendments to this article, maps and text.

(b)

The zoning agency shall not:

(1)

Grant variances to the terms of this article in place of action by the board of adjustment/appeals; or

(2)

Amend the text or zoning maps in place of official action by the county board of supervisors.

(Code 1987, § 20.07(2); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004)

(a)

Generally. The board of adjustment/appeals, created under Wis. Stats. § 59.694, is hereby authorized or shall be appointed to act for the purposes of this article. The board shall exercise the powers conferred by state law and adopt rules for the conduct of business. The zoning administrator may not be the secretary of the board.

(b)

Powers and duties. The board of adjustment/appeals shall:

(1)

Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this article.

(2)

Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map.

(3)

Variances. Hear and decide, upon appeal, variances from the article standards.

(c)

Appeals to the board. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.

(d)

Notice and hearing for appeals, including variances.

(1)

Notice. The board shall:

a.

Fix a reasonable time for the hearing;

b.

Publish adequate notice pursuant to state statutes, specifying the date, time, place and subject of the hearing;

c.

Assure that notice shall be mailed to the parties in interest and the department regional office at least ten days in advance of the hearing.

(2)

Hearing. Any party may appear in person or by agent or attorney. The board shall:

a.

Resolve boundary disputes according to subsection (e) of this section.

b.

Decide variance applications according to section 50-493.

c.

Decide appeals of permit denials.

(3)

Decision. The final decision regarding the appeal or variance application shall:

a.

Be made within a reasonable time;

b.

Be sent to the department regional office within ten days of the decision;

c.

Be a written determination signed by the chairperson or secretary of the board;

d.

State the specific facts which are the basis for the board's decision;

e.

Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application;

f.

Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the board proceedings.

(e)

Boundary disputes. The following procedure shall be used by the board in hearing disputes concerning floodplain district boundaries:

(1)

If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.

(2)

In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the board.

(3)

If the boundary is incorrectly mapped, the board should inform the zoning committee or the person contesting the boundary location to petition the county board of supervisors for a map amendment according to division 8 of this article.

(Code 1987, § 20.07(3); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 10-05, 1-26-2010)

(a)

The board may, upon appeal, grant a variance from the standards of this article if an applicant convincingly demonstrates that:

(1)

Literal enforcement of the article provisions will cause unnecessary hardship;

(2)

The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case, the ordinance or map must be amended;

(3)

The variance is not contrary to the public interest; and

(4)

The variance is consistent with the purpose of this article in section 50-176.

(b)

In addition to the criteria in subsection (a) of this section, to qualify for a variance under FEMA regulations, the following criteria must be met:

(1)

The variance shall not cause any increase in the regional flood elevation;

(2)

Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE;

(3)

Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of this article.

(c)

A variance shall not:

(1)

Grant, extend or increase any use prohibited in the zoning district.

(2)

Be granted for a hardship based solely on an economic gain or loss.

(3)

Be granted for a hardship which is self-created.

(4)

Damage the rights or property values of other persons in the area.

(5)

Allow actions without the amendments to this article or maps required in section 50-514.

(6)

Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

(d)

When a floodplain variance is granted, the board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.

(e)

For appeals of all denied permits, the board shall:

(1)

Follow the procedures of section 50-492;

(2)

Consider zoning agency recommendations; and

(3)

Either uphold the denial or grant the appeal.

(f)

For appeals concerning increases in regional flood elevation, the board shall:

(1)

Uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of division 8.

(2)

Grant the appeal where the board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.

(Code 1987, § 20.07(4); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Amend. of 11-12-2013)

(a)

No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA floodproofing certificate.

(b)

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

(1)

Certified by a registered professional engineer or architect; or

(2)

Meets or exceeds the following standards:

a.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one foot above grade; and

c.

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(c)

Floodproofing measures shall be designed, as appropriate, to:

(1)

Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

(2)

Protect structures to the flood protection elevation;

(3)

Anchor structures to foundations to resist flotation and lateral movement;

(4)

Minimize or eliminate infiltration of flood waters; and

(5)

Minimize or eliminate discharges into flood waters.

(Code 1987, § 20.07(5); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Amend. of 11-12-2013)

(a)

All maps, engineering data and regulations shall be available and widely distributed.

(b)

All real estate transfers should show what floodplain district any real property is in.

(c)

Place marks on structures to show the depth of inundation during the regional flood.

(Code 1987, § 20.07(6); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Res. No. 10-05, 1-26-2010; Amend. of 11-12-2013)

Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 50-515.

(1)

In AE zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 50-515. Any such alterations must be reviewed and approved by FEMA and the DNR.

(2)

In A zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with this section.

The county board of supervisors may change or supplement the floodplain zoning district boundaries and this article in the manner outlined in [section] 50-515. Actions which require an amendment to the ordinance and/or submittal of a letter of map changes (LOMC) include, but are not limited to, the following:

(1)

Any fill or floodway encroachment that obstructs flow causing an increase in the regional flood height;

(2)

Any change to the floodplain boundaries and/or watercourse alterations on the FIRM.

(3)

Fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.

(4)

Correction of discrepancies between the water surface profiles and floodplain maps.

(5)

Any upgrade to a floodplain zoning ordinance text required by Wis. Admin. Code § NR 116.05, or otherwise required by law, or for changes by the municipality.

(6)

All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(7)

Any changes to any other officially adopted floodplain maps listed in section 50-334(b)(3).

(8)

Any floodplain.

(Code 1987, § 20.08(1); Res. No. 87-03, 4-21-1987; Amend. of 11-12-2013; Amend. of 11-12-2013(2))

(a)

Ordinance amendments may be made upon petition of any interested party according to the provisions of Wis. Stats. § 62.23. The petitions shall include all data required by sections 50-437 and 50-491. The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.

(b)

The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the county board of supervisors. The amendment and notice of public hearing shall be submitted to the department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 59.69 for counties.

(c)

No amendments shall become effective until reviewed and approved by the department.

(d)

All persons petitioning for a map amendment that obstructs flow, causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the county board of supervisors.

(Code 1987, § 20.08(2); Res. No. 87-03, 4-21-1987; Res. No. 04-55, 12-14-2004; Amend. of 11-12-2013)

Any violation of the provisions of this article by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of $50.00 for each violation, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this article is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.

(Code 1987, § 20.09; Res. No. 87-03, 4-21-1987; Res. of 3-29-2011)