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

(Ord. No. 12-17, § 1.1, 3-21-2017)

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

(Ord. No. 12-17, §§ 1.2, 1.3, 3-21-2017)

This article shall be known as the Floodplain Zoning Ordinance for Polk County, Wisconsin.

(Res. No. 06-23, § 1, 3-21-2023)

Editor's note— Res. No. 06-23, § 1, adopted March 21, 2023, set out provisions intended for use as § 42-365. For purposes of classification, and at the editor's discretion, these provisions have been included as § 42-364.1.

(a)

Unless specifically defined, words and phrases in this article shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.

A Zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

AH Zone. See Area of shallow flooding.

AO Zone. See Area of shallow flooding.

Accessory structure or use means a facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.

Alteration means an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's FIRM with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

Basement means any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.

Building. See Structure.

Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by DNR pursuant to Wis. Stats. § 30.11 and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this article.

Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including, but not limited to, a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle that is fully licensed, if required, and ready for highway use.

Certificate of compliance means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this article.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Crawlways or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for limited access to plumbing and electrical utilities.

Deck means an unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.

Department means the state department of natural resources.

Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Dryland access means a vehicular access route which is above the regional flood elevation (RFE) and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above RFE and wide enough for wheeled rescue and relief vehicles.

Encroachment means any fill, structure, equipment, building, use or development in the floodway.

Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program (NFIP).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

(1)

The overflow or rise of inland waters;

(2)

The rapid accumulation or runoff of surface waters from any source;

(3)

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or

(4)

The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood fringe (FF) means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or RFEs. This map forms the basis for both the regulatory and insurance aspects of the NFIP until superseded by a flood insurance study and a flood insurance rate map.

Flood insurance rate map (FIRM) means a map of a community on which the federal insurance administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by FEMA.

Flood insurance study (FIS) means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations (BFEs) and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. FIS maps that accompany the flood insurance study form the basis for both the regulatory and the insurance aspects of the NFIP.

Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood.

Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

Floodplain means land which has been or may be covered by floodwater during the regional flood. The term "floodplain" includes the floodway and the flood fringe and may include other designated floodplain areas for regulatory purposes.

Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodplain management means policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Floodway (FW) means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

Habitable structure means any structure or portion thereof used or designed for human habitation.

Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.

High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is either:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

Increase in regional flood height means a calculated upward rise in the RFE, greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

Land use means any nonstructural use made of unimproved or improved real estate.

Lowest adjacent grade means elevation of the lowest ground surface that touches any of the exterior walls of a building.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Maintenance means the act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a mobile recreational vehicle.

Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.

Mobile/manufactured home park or subdivision, existing, means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of the ordinance from which this article is derived. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

Mobile/manufactured home park, expansion to existing, means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.

Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."

Model, corrected effective, means a hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.

Model, duplicate effective, means a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

Model, effective, means the hydraulic engineering model that was used to produce the current effective FIS.

Model, existing (pre-project), means a modification of the duplicate effective model or corrected effective model to reflect any manmade modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.

Model, revised (post-project), means a modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.

Municipality means the county, city or village governmental units enacting, administering, and enforcing this zoning ordinance.

NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.

New construction means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures.

Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this article for the area of the floodplain which it occupies. (For example, an existing residential structure in the flood fringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)

Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this article for the area of the floodplain which it occupies, such as a residence in the floodway.

Non-flood disaster means a fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.

Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

Official floodplain zoning map means that map, adopted and made part of this article, which has been approved by DNR and FEMA.

Open space use means those uses having a relatively low flood damage potential and not involving structures.

Ordinary high-water mark (OHWM) means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Person means an individual, or group of individuals, corporation, partnership, association, municipality, or state agency.

Private sewage system means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by DNR of safety and professional services listed in Wis. Adm. Code chs. SPS 382—387, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Regional flood means a flood determined to be representative of large floods known to have occurred in the state. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, streambed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

Subdivision has the meaning given in Wis. Stats. § 236.02(12).

Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term "substantial improvement" does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

Unnecessary hardship means when special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.

Variance means an authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in this article.

Violation means the failure of a structure or other development to be fully compliant with this article. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.

Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.

(b)

The following abbreviations are used in this article:

(1)

BFE means base flood elevations.

(2)

DNR means state department of natural resources.

(3)

FEMA means federal emergency management agency.

(4)

FF means flood fringe district.

(5)

FIRM means flood insurance rate map.

(6)

FIS means flood insurance study.

(7)

FW means floodway district.

(8)

GFP means general floodplain district.

(9)

LOMC means letter of map change.

(10)

LOMR means letter of map revision.

(11)

NFIP means National Flood Insurance Program.

(12)

OHWM means ordinance high-water mark.

(13)

RFE means regional flood elevation.

(14)

SFHA means special flood hazard areas.

(Ord. No. 12-17, § 1.5, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

This article regulates all areas that would be covered by the regional flood or base flood as shown on the FIRM, other maps approved by the DNR, and local community. BFEs are derived from the flood profiles in the FIS and are shown as AE, A 1-30, and AH zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional flood elevations may be derived from other studies.

(Ord. No. 12-17, § 1.6(1), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the FIS listed below and the revisions in the county floodplain appendix. Any change to the BFE or any changes to the boundaries of the floodplain or floodway in the FIS or on the FIRM must be reviewed and approved by the DNR and FEMA through the letter of map change process (see section 42-571) 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 office of the county zoning department. If more than one map or revision is referenced, the most restrictive information shall apply.

(b)

Official maps based on the FIS are FIRM panel numbers 55095C0020D, 55095C0040D, 55095C0045D, 55095C0065D, 55095C0070D, 55095C0085D, 55095C0090D, 55095C0095D, 55095C0105D, 55095C0110D, 55095C0115D, 55095C0120D, 55095C0130D, 55095C0135D, 55095C0140D, 55095C0145D, 55095C0155D, 55095C0160D, 55095C0165D, 55095C0170D, 55095C0185D, 55095C0205D, 55095C0210D, 55095C0215D, 55095C0220D, 55095C0230D, 55095C0235D, 55095C0240D, 55095C0255D, 55095C0260D, 55095C0270D, 55095C0280D, 55095C0285D, 55095C0290D, 55095C0295D, 55095C0305D, 55095C0310D, 55095C0315D, 55095C0320D, 55095C0330D, 55095C0355D, 55095C0360D, 55095C0370D, 55095C0385D, 55095C0390D, 55095C0395D, 55095C0405D, 55095C0410D, 55095C0415D, 55095C0420D, 55095C0430D, 55095C0435D, 55095C0440D, 55095C0445D, 55095C0455D, 55095C0465D, 55095C0470D, 55095C0492D, 55095C0494D, 55095C0502D, 55095C0504D, 55095C0506D, 55095C0510D, 55095C0511D, 55095C0520D, 55095C0530D, 55095C0535D, 55095C0540D, 55095C0545D, 55095C0555D, 55095C0560D, 55095C0565D, 55095C0570D, 55095C0576D, 55095C0577D, 55095C0578D, 55095C0579D, 55095C0585D, 55095C0586D, 55095C0590D, 55095C0595D, 55095C0605D, 55095C0610D, 55095C0632D, 55095C0634D, 55095C0651D, 55095C0653D, 55095C0680D, 55095C0685D, 55095C0705D, 55095C0710D, 55095C0730D, 55095C0735D, 55095C0755D.

(2)

Flood Insurance Study (FIS) for Polk County, volume number 55095CV000A, dated September 16, 2011.

(3)

Approved by the DNR and FEMA.

(b)

Official maps based on other studies approved by the DNR that are more restrictive than those based on the FIS at the site of the proposed development.

(1)

Guidera Dam, Dam Failure analysis approved by the Department of Natural Resources on January 31, 2014, including:

a.

Map outlined in red, titled "Inundation Zone for Dam with Breach" published in Appendix A.5: Hydraulic Shadow Map (Inundation Zone) for 100-Year Storm Event and dated August 8, 2013.

b.

The elevations shown in the column "Embankment Breach" in the floodway data table dated August 8, 2013, and titled Table 4.

c.

The flood profile dated August 8, 2013, and titled Guidera Plan-M3E Embankment Breach.

(2)

Amery Dam, Dam Failure Analysis approved by the Department of Natural Resources on April 8, 1993, including:

a.

Inundated areas downstream of Section 35, as identified on page 2 of 4 on the map dated March 1993 and titled "Hydraulic Shadow Map."

b.

The elevations (mean sea level, MSL datum) shown in the column "Failure" starting on page 2 of 5 in the floodway data table titled Amery Dam, Dam Break Analysis Flood Profile, dated March 1993.

c.

The flood profile labeled "Dam Failure" dated March 1993.

(3)

Joel Marsh Dam, Dam Failure analysis approved by the Department of Natural Resources in September 2005, including:

a.

Hydraulic Shadow Map dated March 18, 1996 and titled "100 Year Regional Flow—Dam Failure Model."

b.

Floodway data table dated March 18, 1996 and titled "Floodway Data-Dam Failure Model."

c.

Flood profile dated March 18, 1996 and titled "Flood Crest Profile Plot—100-year Flow with Dam Failure."

(4)

Lower Balsam Lake Dam, Dam Failure Analysis approved by the Department of Natural Resources on March 7, 2012, including:

a.

Analysis completed by Ayres Associates titled "Dam Failure Analysis for Assessment of Proposed CTH I Bridge Modifications" dated September 2011.

b.

Floodway data table titled "Table 8 Hydraulic Shadow Floodway Data."

c.

Flood profile titled "Proposed Culvert-Dam with Failure" dated September 16, 2011.

(5)

Bohn Dam, Dam Failure Analysis approved by the Department of Natural Resources on September 13, 2012, including:

a.

Floodway map dated 2/21/2012 and titled "Dam Failure Flood Impact (USGS Map), w/Cross Section Flooding 10 MIN Piping Breach data table."

b.

Floodway map dated 2/21/2012 and titled "Final Pool Flood Impact (USGS Map)."

c.

Drainage area map dated 2/12/2012 and titled "Drainage Area Fountain Lake."

d.

Flood Profile and Mapped Cross Sections dated 1/27/2012 and titled "Bohn Dam Failure Analysis X-Section Diagrams, Polk County, Wisconsin, Dam Break Profiles."

(6)

Godfrey Lake Dam, Dam Failure Analysis approved by the Department of Natural Resources in July 1995, including:

a.

Floodway map dated April 1995 and titled "Hydraulic Shadow Map."

b.

Flood profiles dated April 1995 and titled "Dam Failure Flood Profile."

c.

Hazard rating dated April 17, 1995 and titled "Hazard Rating Assessment."

d.

Spillway Hydraulics Computations dated April 4, 1995 and titled "Spillway Hydraulics."

(7)

St. Croix Falls Dam, Dam Failure Analysis approved by the Department of Natural Resources on August 8, 2013, including:

a.

Hydraulic Shadow Map dated January 2013 and titled "100-Year Flood Dam in Place with Failure."

b.

Floodway Data Table dated April 2013 and titled "Hydraulic Shadow Floodway Data."

c.

Flood profiles dated April 2013 and titled "Exhibit 6."

(8)

Big Rock Creek Dam, Dam Failure Analysis approved by the Department of Natural Resources on November 22, 1994, including:

a.

Hydraulic Shadow Map dated January 1994 and titled "Big Rock Creek Farms Dam 100-Year Flood Inundation Map."

b.

Floodway Data Table dated January 1994 and titled "Big Rock Creek Farms Dam 100-Year Flood Profile Data."

c.

Flood profiles dated January 1994 and titled "Big Rock Creek Farms Dam 100-Year Flood Profiles."

(9)

Atlas Feed Mill Dam, Dam Failure Analysis approved by the Department of Natural Resources in September 1992, including:

a.

Hydraulic Shadow Map dated September 1992 by Ayres Associates.

b.

Flood Data found in Hazard Rating Assessment dated September 1992 by Ayres Associates.

c.

Flood profiles dated December 1993 and titled "Dam Break Flood Profiles."

(10)

Clam Falls Dam, Dam Failure Analysis approved by the Department of Natural Resources on July 19, 2016, including:

a.

Hydraulic Shadow Map dated October 27, 2013 and titled "Clam Falls Dambreak Flood Shadow Map."

b.

Floodway data table dated October 27, 2013 and titled "Clam River, Clam Falls Dam Breach Analysis October 27, 2013: Floodway Data."

c.

Flood profiles dated October 27, 2013 and titled "Clam Falls Dam Brk Clam River 102313."

(11)

Skinaway Lake Dam Hydrologic Analysis and Hydraulic Map approved by the Department of Natural Resources in 2000.

a.

Hydraulic Shadow Map dated September 11, 2002 and titled "Floodplain Map Assuming Skinaway Dam Failure."

b.

Floodway data table dated September 11, 2002 and titled "Skinaway Creek Regional (100-Year) Floodway Data Table."

c.

Flood profiles dated September 11, 2002 and titled "Regional Flood Elevation Profiles for Skinaway Creek."

(12)

Kennedy Dam, Dam Failure analysis approved by the Department of Natural Resources on May 31, 2002, including:

a.

Hydraulic Shadow Map dated June 18, 2002 and titled "Floodplain Map."

b.

The elevations shown in the column "Water Surface Elevation" in the floodway data table, under the Dam Failure section, dated June 17, 2002, and titled "Balsam Branch — Floodplain Data Table — Kennedy Dam to Lake Wapogasset."

c.

The flood profile dated June 18, 2002 and titled "Water Surface Flood Profiles."

(c)

Regional flood elevations (RFE) approved by the DNR based on other studies and the FIS.

(1)

Regional flood elevation (RFE) for Clam Falls Flowage in section 13/T37N/R16W of the Town of Clam Falls was approved by the Department of Natural Resources on April 8, 1999, at 1029.4 feet NGVD-29.

(2)

Regional flood elevation (RFE) for Sand Lake in section 2/T33N/R18W of the Town of Osceola was approved by the Department of Natural Resources on June 19, 1991 at 1124 MSL.

(3)

Regional flood elevation (RFE) for Largon Lake in section 14/T36N/R15W of the Town of McKinley was approved by the Department of Natural Resources on April 5, 1991, at 1246.7 MSL.

(4)

Regional flood elevation (RFE) for Balsam Lake in section 1/T34N/R17W of the Town of Balsam Lake was approved by the Department of Natural Resources on September 9, 2004, at 1135.34 NGVD-29.

(5)

Regional flood elevation (RFE) for Upper and Lower White Ash Lake in section 11/T34N/R16W of the Town of Apple River was approved by the Department of Natural Resources on January 30, 2001 at 1123.08 U.S.G.S datum.

(6)

Regional flood elevation (RFE) for Big Butternut Lake in section 29/T36N/R17W of the Town of Luck was approved by the Department of Natural Resources on June 27, 1996, at 1215.4 NGVD-29.

(7)

Regional flood elevation (RFE) for Little Butternut Lake in section 29/T36N/R17W of the Town of Luck was approved by the Department of Natural Resources on June 27, 1996, at 1210.3 NGVD-29.

(8)

Regional flood elevation (RFE) for Wapogasset Lake in section 26/T33N/R17W of the Town of Garfield was approved by the Department of Natural Resources on April 30, 2002, at 99.4 feet based off DNR BM 514-A @ 102.64 feet.

(9)

Regional flood elevation (RFE) for Long Lake in section 8/T34N/R17W of the Town of Balsam Lake was approved by the Department of Natural Resources on April 10, 2003, at 95.68 feet based off DNR BM 1876-B @ 100.0 feet.

(10)

Regional flood elevation (RFE) for Lotus Lake in section 21/T33N/R18W of the Town of Balsam Lake was approved by the Department of Natural Resources on July 2, 1996, at 95.4 feet based off DNR BM 2166-B @ 99.41 feet.

(Ord. No. 12-17, § 1.6(2), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

The flood hazard areas regulated by this article are divided into districts as follows:

(1)

The floodway district (FW) 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 the AE zones as shown on the FIRM, or within A zones shown on the FIRM when determined according to section 42-471. The floodfringe district (FF) is that portion of a riverine special flood hazard area outside the floodway within AE zones on the FIRM, or, when floodway limits have been determined according to division 4 of this section within A zones shown on the FIRM. The general floodplain district (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.

(Ord. No. 12-17, § 1.6(3), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in this subsection or subsection (b) of this section. If a significant difference exists, the map shall be amended according to section 42-571. 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.

(b)

Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to section 42-546(c) and the criteria in this subsection and subsection (a) of this section. Where the flood profiles are based on the established BFEs from a FIRM, FEMA must approve any map amendment or revision pursuant to section 42-571.

(c)

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

(Ord. No. 12-17, § 1.6(4), 3-21-2017)

(a)

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 BFE, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 42-571 amendments.

(b)

The delineation of any of the floodplain districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed letter of map revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

(1)

The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;

(2)

The fill must be contiguous to land outside the floodplain; applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;

(c)

Removal of lands from the floodplain may also occur by operation of Wis. Stats. § 87.30(1)(e) if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.

(Ord. No. 12-17, § 1.6(5), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

No structure or use within areas regulated by this article shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.

(b)

Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with section 42-542.

(c)

Floodplain development permits issued on the basis of plans and applications approved by the floodplain administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the floodplain administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with section 42-542.

(Ord. No. 12-17, § 1.6(6), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

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 are exempt when Wis. Stats. § 30.2022 applies.Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a zone A floodplain and is not a WisDOT project under Wis. Stats. § 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the floodplain administrator that the proposed project is a culvert replacement or bridge replacement under 20' span at the same location, the project is exempt from a DNR permit under Wis. Stats. § 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.

(Ord. No. 12-17, § 1.6(7), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

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.

(b)

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.

(c)

Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.

(Ord. No. 12-17, § 1.6(8), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

In their interpretation and application, the provisions of this article are the minimum requirements liberally construed in favor of the county board of supervisors and are not a limitation on or repeal of any other powers granted by state law. If a provision of this article, required by Wis. Adm. Code ch. NR 116 is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article.

(Ord. No. 12-17, § 1.6(9), 3-21-2017)

The flood protection standards in this article are based on engineering experience and scientific 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 county or any officer or employee thereof for any flood damage that may result from reliance on this article.

(Ord. No. 12-17, § 1.6(10), 3-21-2017)

The county floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the county for all annexed areas until the county adopts and enforces an ordinance which meets the requirements of Wis. Adm. Code ch. NR 116 and 44 CFR 59—72. These annexed lands are described on the county'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 county zoning administrator. All plats or maps of annexation shall show the RFE and the location of the floodway.

(Ord. No. 12-17, § 1.6(12), 3-21-2017)

(a)

Generally. The county shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.

(1)

If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

a.

Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Be constructed with flood-resistant materials;

c.

Be constructed by methods and practices that minimize flood damages; and

d.

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

(2)

If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:

a.

such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;

b.

public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

c.

adequate drainage is provided to reduce exposure to flood hazards.

All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this article and all other requirements in section 42-521.

(Ord. No. 12-17, § 2.0(intro. ¶), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

No floodplain development shall 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 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 heights, based on the officially adopted FIRM or other adopted map, unless the provisions of section 42-571 amendments are met.

(c)

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

(Ord. No. 12-17, § 2.1, 3-21-2017)

(a)

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, DNR and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of section 42-378 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

(b)

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation. The county shall apply for a LOMR from FEMA pursuant to section 42-571. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(Ord. No. 12-17, § 2.2, 3-21-2017)

Development which requires a permit from DNR 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 this article are made according to section 42-571 amendments.

(Ord. No. 12-17, § 2.3, 3-21-2017)

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

(1)

The campground is approved by the department of agriculture, trade and consumer protection.

(2)

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

(3)

The character of the river system and the campground elevation are 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 floodplain zoning agency or zoning administrator, 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.

(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 Department of Agriculture, Trade and Consumer Protection and all other applicable regulations.

(6)

All mobile recreational vehicles placed on site must meet one of the following:

a.

Be fully licensed, if required, and ready for highway use; or

b.

Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or

c.

Meet the requirements in either division 2, 3, or 4 of this article for the floodplain district in which the structure is located;

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.

(7)

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.

(8)

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

(9)

All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either subsection (3), (4), or (5) of this section for the floodplain district in which the structure is located.

(10)

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.

(11)

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.

(Ord. No. 12-17, § 2.4, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

No permit or variance under this article shall be issued for a non-residential structure designed to be watertight below the RFE 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. Floodproofing is not an alternative to the development standards section 42-377 and divisions 2 and 3.

(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 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; and

(4)

Minimize or eliminate infiltration of floodwaters.

(5)

Minimize or eliminate discharges into flood waters;

(6)

Placement of essential utilities to or above the flood protection elevation; and

(7)

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 flood waters 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, building access or limited storage.

(Ord. No. 12-17, § 7.5, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

The county shall make public information available as follows:

(1)

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

(2)

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

(3)

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

(Ord. No. 12-17, § 7.6, 3-21-2017)

This division applies to all floodway areas on the floodplain zoning maps and those identified pursuant to section 42-471.

(Ord. No. 12-17, § 3.1, 3-21-2017)

The following open space uses are allowed in the FW and the floodway areas of the GFP, if they are not prohibited by any other ordinance, they meet the standards in sections 42-412 and 42-413, and all permits or certificates have been issued according to section 42-544:

(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 42-412(d).

(4)

Uses or structures accessory to open space uses or classified as historic structures that comply with sections 42-412 and 42-413.

(5)

Extraction of sand, gravel or other materials that comply with section 42-412(d).

(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 42-412(c).

(8)

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 Ch. SPS 383, Wis. Adm. Code.

(9)

Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.

(10)

Wastewater treatment ponds or facilities permitted under section NR 110.15(3)(b), Wis. Adm. Code.

(11)

Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.

(Ord. No. 12-17, § 3.2, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

General.

(1)

Any development in the floodway shall comply with section 42-377 and have low flood damage potential.

(2)

Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to section 42-378 and 42-521(3). The analysis must be completed by a registered professional engineer in the state of Wisconsin.

(3)

Any encroachment in the regulatory floodway is prohibited unless the data submitted for section 42-412(a)(2) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in section 42-370.

(b)

Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, 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, do not have a high flood damage potential, and is constructed to minimize flood damage.

(2)

Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:

a.

Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;

b.

Have structural components capable of meeting all provisions of section 42-412(b)(6) and;

c.

Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with section 42-412(b)(6).

(3)

The structures are properly anchored to resist flotation, collapse, lateral movement; and

(4)

Mechanical and utility equipment is elevated to or above the flood protection elevation.

(5)

Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

(6)

For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets section 42-412(b)(1) through 42-412(b)(6) and meets or exceeds the following standards:

a.

The lowest floor must be elevated to or above the regional flood elevation;

b.

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;

c.

The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open.

d.

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

(7)

Certification. Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

a.

Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;

b.

Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in sections 42-413(4) and 42-413(5);

c.

Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;

d.

Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

e.

Placement of utilities to or above the flood protection elevation.

(c)

Public utilities, streets and bridges. 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 42-378.

(d)

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

(1)

The requirements of section 42-378 are met;

(2)

No material is deposited in navigable waters unless a permit is issued by DNR pursuant to Wis. Stats. ch. 30 and a permit pursuant to section 404 of the federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344 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.

(Ord. No. 12-17, § 3.3, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

All uses not listed as permitted uses in section 42-411 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 DNR-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Adm. 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. Adm. 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. Adm. Code § NR 110.15(3)(b); and

(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.

(Ord. No. 12-17, § 3.4, 3-21-2017)

This division applies to all flood fringe areas shown on the floodplain zoning maps and those identified pursuant to section 42-471.

(Ord. No. 12-17, § 4.1, 3-21-2017)

Any structure, land use, or development is allowed in the FF if the standards in section 42-442 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in division 6 of this article have been issued.

(Ord. No. 12-17, § 4.2, 3-21-2017)

(a)

Applicability. All of the provisions of section 42-377 and the following requirements shall apply according to the use requested. Any existing structure in the FF must meet the requirements of division 5 of this article regarding nonconforming uses.

(b)

Residential uses. Any structure, including a manufactured home, which is to be newly constructed, or moved into the FF, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of division 5, nonconforming uses;

(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. No area may be removed from the floodfringe district unless it can be shown to meet section 42-370.

(2)

Notwithstanding section 42-442(b)(1), a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation;

(3)

Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subsection (2)(d) of this section.

(4)

In developments where existing street or sewer line elevations make compliance with subsection (b)(3) of this section impractical, the county may permit new development and substantial improvements where roads are below the RFE, if:

a.

The county 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

b.

The county has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.

(c)

Accessory structures or uses. In addition to section 42-377, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the RFE.

(d)

Commercial uses. In addition to section 42-377, any commercial structure which is erected, altered or moved into the FF shall meet the requirements of subsection (b) of this section. Subject to the requirements of subsection (f) 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.

(e)

Manufacturing and industrial uses. In addition to section 42-377, any manufacturing or industrial structure which is erected, altered or moved into the FF shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in section 42-382. Subject to the requirements of subsection (f) 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.

(f)

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 42-382. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(g)

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

(1)

When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they designed to comply with section 42-382;

(2)

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

(h)

Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to section 42-382(c), to the flood protection elevation and shall meet the provisions of all local ordinances and Wis. Adm. Code ch. SPS 383.

(i)

Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to section 42-385(c), to the flood protection elevation and shall meet the provisions of Wis. Adm. Code chs. NR 811 and 812.

(j)

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

(k)

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

(l)

Manufactured homes.

(1)

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.

(2)

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

a.

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

b.

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

(3)

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 FF in subsection (b) of this section.

(m)

Mobile recreational vehicles. All mobile recreational vehicles that are not located in a public or private campground will not be allowed on any lot for more than one 14-day period in any 60 consecutive days. They must be fully licensed and ready for highway use. They shall meet the elevation and anchoring requirements in subsection (l)(2) and (3) of this section. 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.

(Ord. No. 12-17, § 4.3, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

The provisions for the general floodplain district shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the flood insurance rate maps identified in section 42-367.

(Ord. No. 12-17, § 5.1, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

For proposed development in zone A, or in zone AE within which a floodway is not delineated on the flood insurance rate map identified in section 42-367, the boundaries of the regulatory floodway shall be determined pursuant to section 42-471. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of division 2. If the development is located entirely within the floodfringe, the development is subject to the standards of division 3.

(Res. No. 06-23, § 1, 3-21-2023)

(a)

Pursuant to section 42-471, it shall be determined whether the proposed use is located within the FW or the FF.

(b)

Those uses permitted in the FW (section 42-411) and FF (section 42-441) districts are allowed within the GFP, according to the standards of section 42-470, provided that all permits or certificates required under division 6 of this article have been issued.

(Ord. No. 12-17, § 5.2, 3-21-2017)

Division 2 of this article applies to FW areas, determined according to 42-471; division 3 of this article applies to FF areas, determined according to 42-471. The rest of this article applies to either district.

(1)

New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated:

a.

To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or

b.

If the depth is not specified on the FIRM, to or above two (2) feet above the highest adjacent natural grade.

(2)

New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

(3)

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

(4)

All development in zones AO and zone AH shall meet the requirements of s. 4.0 applicable to flood fringe areas.

(Ord. No. 12-17, § 5.3, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the flood insurance rate maps, 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 GFP district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations, floodproofing measures, and the flood zone as mapped on the FIRM.

(2)

Require the applicant to furnish any of the following information deemed necessary by the DNR to evaluate the effects of the proposal upon flood height and flood flows, RFE and to determine FW boundaries:

a.

A hydrologic and hydraulic study as specified in section 42-521(3);

b.

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.

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

(Ord. No. 12-17, § 5.4, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

Applicability.

(1)

The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with Wis. Stats. §§ 87.30 and 59.69, and §§ NR 116.12—14, Wis. Adm. Code and 44 CFR 59-72., these standards 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 this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.

(2)

As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.

(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 applicable conditions. The nonconforming provisions of this article may vary from the nonconforming provisions of the county shoreland protection zoning regulations and Wis. Adm. Code ch. NR 115.

(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. For purposes of this section, the term "maintenance" 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. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

(2)

If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this article.

(3)

The county shall keep a record which lists all nonconforming uses and 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.

(4)

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would 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 article. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 42-442(b). 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.

(5)

No maintenance on a per event basis 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 article. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 42-442(b). Maintenance to any nonconforming structure, which does not exceed 50 percent of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.

(6)

If on a per event basis the total value of the work being done under subsections (b)(4) and (5) of this section 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 article. Contiguous dry land access must be provided for residential and commercial uses in compliance with section 42-332(a).

(7)

Except as provided in subsection (b)(8) 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 current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition exceeds 50 percent of the structure's present equalized assessed value.

(8)

For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may 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.

a.

Residential structures.

1.

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 42-382(a).

2.

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.

3.

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

4.

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

5.

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 42-470(1).

6.

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

b.

Nonresidential structures.

1.

Shall meet the requirements of subsection (b)(8)a.1, a.2, a.5 and a.6 of this section.

2.

Shall either have the lowest floor, including basement, elevated to or above the RFE or, together with attendant utility and sanitary facilities, shall meet the standards in section 42-382(a) or (b).

3.

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in section 42-470(1).

(9)

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 42-412(a), flood-resistant materials are used, and construction practices and floodproofing methods that comply with section 42-382 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of subsection (b)(8)a of this section 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.

(c)

Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if:

(1)

Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;

(2)

The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation;

(3)

The nonconforming building is permanently changed to conform to the applicable requirements of this chapter;

(4)

If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of sections 42-410 and 42-412. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 42-471. If the encroachment is in the floodway it must meet the standards in section 42-412;

(5)

If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of section 42-442.

(6)

Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation;

(7)

Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:

a.

Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of section 42-496(c)(7) above.

b.

The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;

(8)

Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:

a.

A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area,

b.

The bottom of all openings must be no higher than one foot above the adjacent grade,

c.

Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;

(9)

Manufactured homes that are placed or substantially improved within zones A130, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;

(10)

Manufactured homes that are placed or substantially improved within zones A130, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;

(11)

Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:

a.

Be on site for fewer than 180 consecutive days,

b.

Be fully licensed and ready for highway use (a 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 type utilities and security devices, and has no permanently attached additions), or

c.

Meet the elevation and anchoring requirements for manufactured homes in section 42-496(c)(9)above;

(12)

In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

(13)

In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet section 42-496(c)(6) through (12) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 42-471. If the encroachment is in the floodway it must meet the standards in section 42-412(d). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

(14)

In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 42-471. If the encroachment is in the floodway it must meet the standards in section 42-412(d). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

(15)

In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or

(16)

In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in section 42-496(c)(7) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.

(Ord. No. 12-17, § 6.1, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

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

(1)

Such modification or addition has been granted a permit or variance which meets all ordinance requirements;

(2)

Such modification or addition meets the requirements of section 42-496;

(3)

Such modification or addition shall not increase the obstruction to flood flows or regional flood height;

(4)

Any addition to the existing structure shall be floodproofed, pursuant to section 42-382, by means other than the use of fill, to the flood protection elevation; and

(5)

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, building access or limited storage.

(b)

No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the FW. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, section 42-382(c) and Wis. Adm. Code ch. SPS 383.

(c)

No new well or modification to an existing well used to obtain potable water shall be allowed in the FW. Any replacement, repair or maintenance of an existing well in the FW shall meet the applicable requirements of all municipal ordinances, section 42-382(c) and Wis. Adm. Code chs. NR 811 and 812.

(Ord. No. 12-17, § 6.2, 3-21-2017)

(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 county, and meets the requirements of section 42-442, 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 high flood damage potential, the board of supervisors of adjustment, using the procedures established in section 42-546, 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 RFE 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 42-442(e).

(c)

All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, section 42-382(c) and Wis. Adm. Code ch. SPS 383.

(d)

All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this article, section 42-382(c), and Wis. Adm. Code chs. NR 811 and 812.

(Ord. No. 12-17, § 6.3, 3-21-2017)

A land use permit shall be obtained before any development, repair, modification, or addition to an existing structure or a change in the use of a building or structure, including sewer and water facilities, may be initiated.

(Ord. No. 12-17, § 7.1(2)(intro. ¶), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

Application to the zoning administrator shall include:

(1)

General information. Name and address of the applicant, property owner and contractor and a 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 center lines;

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 NGVD;

h.

Data sufficient to determine the RFE in NGVD 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 42-378. This may include any of the information noted in section 42-412(a).

(3)

Hydraulic and hydrologic studies to analyze development. 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 DNR.

a.

Zone A floodplains.

1.

Hydrology. The appropriate method shall be based on the standards in Wis. Adm. Code § NR 116.07(3), hydrologic analysis: determination of regional flood discharge.

2.

Hydraulic modeling. The RFE shall be based on the standards in Wis. Adm. Code § NR 116.07(4), 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.

3.

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 RFE.

(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.

b.

Zone AE floodplains.

1.

Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Wis. Adm. Code § NR 116.07(3), hydrologic analysis: determination of regional flood discharge.

2.

Hydraulic model. The RFE shall be based on the standards in Wis. Adm. Code § NR 116.07(4),

3.

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 DNR 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 top widths 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.

4.

Mapping. Maps and associated engineering data shall be submitted to DNR 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 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 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.

(Ord. No. 12-17, § 7.1(2)(a)—(c), 3-21-2017)

All permits issued under the authority of this article shall expire no more than 180 days after issuance. The permit may be extended upon review of the zoning administrator for a maximum of another 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.

(Ord. No. 12-17, § 7.1(3), 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

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 ordinance 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 42-382 are met.

(Ord. No. 12-17, § 7.1(4), 3-21-2017)

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.

(Ord. No. 12-17, § 7.1(5), 3-21-2017)

Any violation of the provisions of this article by any person is unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the county a maximum daily penalty of $50.00, 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 county, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.

(Ord. No. 12-17, § 9.0, 3-21-2017)

Where a zoning administrator, planning agency, or a board of adjustment has been appointed to administer a zoning ordinance adopted under Wis. Stats. § 59.69, 59.692 or 62.23(7), these officials shall also administer this article.

(Ord. No. 12-17, § 7.0(intro. ¶), 3-21-2017)

(a)

The zoning administrator shall be appointed to such position; provided, however, that the secretary of the board of adjustment shall not serve as zoning administrator.

(b)

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

(1)

Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and ensure that the RFE 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 to 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 RFEs;

c.

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.

Floodproofing certificates;

f.

List of nonconforming structures and uses.

(5)

Submit copies of the following items to DNR 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 case-by-case analyses, and other required information, including an annual summary floodplain zoning actions taken;

c.

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

(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 DNR regional office.

(7)

Submit copies of amendments and biennial reports to the FEMA regional office.

(Ord. No. 12-17, §§ 7.1(1), 7.3(intro. ¶), 3-21-2017)

The county environmental services committee shall oversee the functions of the office of the zoning administrator and review and advise the county board of supervisors on all proposed amendments to this article, maps and text. The committee shall publish adequate notice pursuant to Wis. Stats. ch. 985, specifying the date, time, place, and subject of the public hearing. The committee shall not grant variances to the terms of the ordinance in place of action by the board of adjustment or amend the text or zoning maps in place of official action by the county board of supervisors.

(Ord. No. 12-17, § 7.2, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

Generally. The board of adjustment created by the county pursuant to Wis. Stats. § 59.694 is authorized or shall be appointed to act for the purposes of this article. The board shall exercise the powers conferred by this Code and state law and adopt rules for the conduct of business. The zoning administrator shall not be the secretary of the board. The board of adjustment shall hear and decide:

(1)

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 concerning the district boundaries shown on the official floodplain zoning map;

(3)

Variances, when brought by appeal, from zoning and other land use regulations; and

(4)

Permit denials, when brought by appeal for denial of permits under this article.

(b)

Appeals. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the county 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.

(1)

Notice and hearing for appeals including variances.

a.

Notice. The board shall fix a reasonable time for the hearing and publish adequate notice pursuant to state law specifying the date, time, place and subject of the hearing. The board shall also assure that notice shall be mailed to the parties in interest and DNR regional office at least ten days in advance of the hearing.

b.

Hearing. Any party may appear in person or by agent or attorney. The board shall resolve boundary disputes according to subsection (c) of this section, decide variance applications according to subsection (d) of this section, and decide appeals of permit denials according to subsection (e) of this section.

(2)

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

a.

Be made within a reasonable time;

b.

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

c.

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

d.

State the specific facts which are the basis for the decision of the board of supervisor 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; and

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 of adjustment proceedings.

(c)

Boundary disputes. The following procedure shall be used by the board of adjustment 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)

The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the board of adjustment.

(3)

If the boundary is incorrectly mapped, the board of adjustment should inform the zoning committee or the person contesting the boundary location to petition the county board of adjustment for a map amendment according to section 42-571.

(d)

Variances.

(1)

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

a.

Literal enforcement of the ordinance provisions will cause unnecessary hardship;

b.

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;

c.

The variance is not contrary to the public interest; and

d.

The variance is consistent with the purpose of this article in section 42-364.

(2)

In addition to the criteria in subsection (d)(1) of this section, to qualify for a variance under FEMA regulations, the following criteria must be met:

a.

The variance shall not cause any increase in the RFE;

b.

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

c.

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.

(3)

A variance shall not:

a.

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

b.

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

c.

Be granted for a hardship which is self-created;

d.

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

e.

Allow actions without the amendments to this article or maps required in division 8 of this article; or

f.

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

(4)

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

(e)

Permit denials.

(1)

The board shall review all data related to the appeal. This may include:

a.

Permit application data listed in section 42-521;

b.

Floodway/flood fringe determination data in section 42-471;

c.

Data listed in section 42-412(a)(2)b where the applicant has not submitted this information to the zoning administrator; and

d.

Other data submitted with the application, or submitted to the board of adjustment with the appeal.

(2)

For appeals of all denied permits, the board of adjustment shall:

a.

Follow the procedures of this section;

b.

Consider zoning agency recommendations; and

c.

Either uphold the denial or grant the appeal.

(3)

For appeals concerning increases in RFE, the board of adjustment shall:

a.

Uphold the denial where the board of adjustment 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 section 42-571; and

b.

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

(Ord. No. 12-17, §§ 7.3(intro. ¶), (1)—(4), 7.4, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

Obstructions or increases 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 42-573.

(b)

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 article, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with section 42-573(a). Any such alterations must be reviewed and approved by FEMA and the DNR.

(c)

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 article, the official floodplain maps, floodway lines, and water surface profiles, in accordance with section 42-572.

(Ord. No. 12-17, § 8.0(intro. ¶), 3-21-2017)

The county board of supervisors may change or supplement the floodplain zoning district boundaries and this article in the manner outlined in section 42-573. Actions which require an amendment to the ordinance or submittal of a LOMC include, but are not limited to, the following:

(1)

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

(2)

Any change to the floodplain boundaries 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 this article text required by Wis. Adm. Code § NR 116.05, or otherwise required by law, or for changes by the county;

(6)

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

(7)

Any changes to any other officially adopted floodplain maps listed in section 42-367.

(Ord. No. 12-17, § 8.1, 3-21-2017; Res. No. 06-23, § 1, 3-21-2023)

(a)

Ordinance amendments may be made upon petition of any interested party according to the provisions of Wis. Stats. § 59.69. The petitions shall include all data required by section 42-471. The land use permit shall not be issued until a LOMR is issued by FEMA for the proposed changes.

(b)

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

(c)

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

(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.

(Ord. No. 12-17, § 8.2, 3-21-2017)