The street cannot as a practical matter be located outside the conservancy district;

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in § 17.0804(f)(7) of this chapter;

The street is designed and constructed with the minimum cross-section practical to serve the intended use;

The street construction activities are carried out in the immediate area of the roadbed only; and

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.

The building cannot as a practical matter be located outside the conservancy district;

The building is not designed for human habitation and does not exceed 500 square feet in area; and;

Only limited filling or excavating necessary to provide structural support is conducted.

Parks shall be limited to passive activities. No ball diamond, tennis court, playfield, playground or other active recreation area shall be constructed in a wetland;

Any private recreation or wildlife habitat area must be exclusively for that purpose;

No filling is to be done; and

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

The railroad lines cannot as a practical matter be located outside the conservancy district; and

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

Protect life, health and property;

Minimize expenditures of public funds for flood control projects;

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

Minimize business interruptions and other economic disruptions;

Minimize damage to public facilities in the floodplain;

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

Discourage the victimization of unwary land and homebuyers;

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

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

Areas to be regulated. This section regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, VE, V1-30, or V on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this section, where applicable.

Official maps and revisions. Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO, VE, V1-30, or V on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection (a)(5)b1 below. Additional flood hazard areas subject to regulation under this section are identified on maps based on studies approved by the DNR and listed in Subsection (a)(5)b2 below. These maps and revisions are on file in the office of the Department of Community Development, 8040 S. 6th St., Oak Creek, WI 53154.

Establishment of floodplain zoning districts. The flood hazard areas regulated by this section are divided into districts as follows:

Locating floodplain boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in Subsection (a)(5)d1 or 2 below. If a significant difference exists, the map shall be amended according to Subsection (h), Amendments. 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. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to Subsection (g)(3)c and the criteria in Subsection (a)(5)d1 and 2 below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection (h), Amendments.

Removal of lands from floodplain.

Compliance.

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., 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 § 30.2022, Wis. Stats., 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 § 30.123(6)(d), Wis. Stats., 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.

Abrogation and greater restrictions.

Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this section, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This section does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This section does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this section.

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

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

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

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

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 section and all other requirements in Subsection (g)(1)b.

No floodplain development shall:

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

No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Subsection (b)(2) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection (h), Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

The campground is approved by the Department of Agriculture, Trade and Consumer Protection;

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

The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;

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;

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 (b)(5)d - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;

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

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 consistent with Subsection (b)(5)f and shall ensure compliance with all the provisions of this section;

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

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; and

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; and

Standards for structures in a campground:

A land use permit shall be obtained as provided under Subsection (g)(1)b before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

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

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

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 Subsection (c)(3)d.

Uses or structures accessory to open space uses or classified as historic structures that comply with Subsection (c)(3) and (4).

Extraction of sand, gravel or other materials that comply with Subsection (c)(3)d.

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 chs. 30 and 31, Wis. Stats.

Public utilities, streets and bridges that comply with Subsection (c)(3)c.

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.

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.

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

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.

General.

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:

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

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

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

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

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

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

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 chs. NR 811 and NR 812, Wis. Adm. Code;

Any solid or hazardous waste disposal sites;

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

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.

Compensatory storage. No development shall be allowed which removes flood storage volume unless an amount not less than a ratio of 1.10:1 of the volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost (compensatory storage). Excavation below the groundwater table is not considered as providing an equal volume of storage.

Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards;

Accessory structures or uses. In addition to Subsection (b), new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

Commercial uses. In addition to Subsection (b), any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of Subsection (d)(3)a. Subject to the requirements of Subsection (d)(3)e, 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.

Manufacturing and industrial uses. In addition to Subsection (b), any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection (g)(5). Subject to the requirements of Subsection (d)(3)e, 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.

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 Subsection (g)(5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

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

Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to Subsection (g)(5)c, to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.

Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to Subsection (g)(5)c, to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.

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

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

Manufactured homes.

Mobile recreational vehicles. All mobile recreational vehicles must be on site for less than 180 consecutive days and be either:

Applicability. 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 Subsection (a)(5)b1.

Floodway boundaries. 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 Subsection (a)(5)b1, the boundaries of the regulatory floodway shall be determined pursuant to Subsection (e)(1)e. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Subsection (c). If the development is located entirely within the floodfringe, the development is subject to the standards of Subsection (d).

Permitted uses. Pursuant to Subsection (e)(1)e it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (Subsection (c)(2)) and Floodfringe (Subsection (d)(2)) Districts are allowed within the General Floodplain District, according to the standards of Subsection (e)(1)d provided that all permits or certificates required under Subsection (g)(1) have been issued.

Standards for development in the General Floodplain District. Subsection (c) applies to floodway areas, determined to pursuant to Subsection (e)(1)e; Subsection (d) applies to floodfringe areas, determined to pursuant to Subsection (e)(1)e.

Determining floodway and floodfringe limits. 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:

Applicability. The provisions of this section apply to all Coastal Floodplain Districts (CFD) shown on the floodplain zoning maps, which includes zones V, V1-30, and VE. Where a floodway shown on the floodplain zoning maps, or a floodway determined as explained in Subsection (a)(5)c4 or a regulatory floodway identified pursuant to Subsection (e)(1)e, extends into a Coastal Floodplain District, development shall comply with the standards of Subsection (c) and Subsection (e)(3).

Standards for development in the Coastal Floodplain District. Development in the CFD district shall meet the requirements of Subsection (b), as well as the following:

Applicability.

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

A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Subsection (c)(3)a, flood resistant materials are used, and construction practices and floodproofing methods that comply with Subsection (g)(5) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection (f)(1)b8[a] 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.

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:

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

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 Floodway District. 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, Subsection (h)(5)c and Ch. SPS 383, Wis. Adm. Code.

No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Subsection (h)(5)c and chs NR 811 and NR 812, Wis. Adm. Code.

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of Subsection (d)(3) except where Subsection (f)(3)b is applicable.

Where compliance with the provisions of Subsection (f)(3)a would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Subsection (g)(3), may grant a variance from those provisions of Subsection (f)(3)a 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:

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, Subsection (g)(5)c and ch. SPS 383, Wis. Adm. Code.

All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this section, Subsection (g)(5)c and ch. NR 811 and NR 812, Wis. Adm. Code.

New construction and substantial improvement shall meet the standards of Subsection (e)(3).

No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire building is permanently changed to conform with the standards prescribed in Subsection (e)(3).

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

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