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

The requirements in this chapter relating to floodplain use and development are intended to comply with the minimum regulatory standards required in Ch. NR 116, Wis. Admin. Code and 44 CFR Parts 59 through 72, which relate to the National Flood Insurance Program.

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.

Generally. This article regulates all areas within the Village that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by the Wisconsin Department of Natural Resources. Base flood elevations (BFEs) are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the Flood Insurance Rate Maps. Other regulatory zones are displayed as A and AO Zones. Regional flood elevations (RFEs) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.

Annexed areas. The Washington 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 Village adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Admin. Code and 44 CFR Parts 59 through 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.

Generally. The boundaries of all floodplain districts are designated as A, AE, AH, AO, or A1-30 on the maps based on the Flood Insurance Study listed below. Any change to the base flood elevations or any change to the boundaries of the floodplain or floodway in the Flood Insurance Study or on the Flood Insurance Rate Map must be reviewed and approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency through the letter of map change process (See § 170.1271.) before it is effective. No changes to regional flood elevations on non-FEMA maps shall be effective until approved by the Wisconsin Department of Natural Resources. These maps and revisions are on file in the office of the Zoning Administrator. If more than one map or revision is referenced, the most restrictive information shall apply.

Official floodplain maps. The following are adopted for the purpose of this article:

The Floodway District includes the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the Flood Insurance Rate Maps.

The Floodfringe District includes that portion between the regional flood limits and the floodway and displayed as AE Zones on the Flood Insurance Rate Maps.

The General Floodplain District includes those areas that may be covered by floodwater during the regional flood and does not have a base flood elevation or floodway boundary determined, including A, AH, and AO Zones on the Flood Insurance Rate Maps.

The Flood Storage District is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.

Generally. Discrepancies between boundaries on the official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in this section. If a significant difference exists, the map shall be amended according to § 170.1271. 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 predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section.

Criteria. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. Regional flood elevations or base flood elevations shall govern if there are any discrepancies. If flood profiles do not exist, the location of the boundary shall be determined by the map scale.

Disputes. If an applicant does not agree with the boundary determination made by the Zoning Administrator, he or she shall file an administrative appeal as provided for in Article 5. If the Zoning Board of Appeals determines, based on the criteria in this section, that the boundary location is incorrectly mapped, the Board should inform the Plan Commission or the person contesting the boundary location to submit an application for a map amendment pursuant to the requirements and procedures in § 170.1271.

The Zoning Administrator shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.

Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this chapter and all other requirements in § 170.1272. Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damages.

No floodplain permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator has notified in writing all adjacent municipalities, the regional office of the Wisconsin Department of Natural Resources, and the regional office of the Federal Emergency Management Agency, and required the applicant to secure all necessary state and federal permits. The standards in § 170.1221 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 § 170.1271, the Village shall apply for a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency. Any such alterations must be reviewed and approved by the Federal Emergency Management Agency and the Wisconsin Department of Natural Resources through the Letter of Map Correction (LOMC) process.

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

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan prepared by a certified by a registered professional engineer or architect or that meets or exceeds the following standards:

Floodproofing measures shall be designed, as appropriate, to:

The campground is approved by the Wisconsin Department of Health Services;

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 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 D above, to remain in compliance with all applicable regulations, including those of the Wisconsin Department of Health Services and all other applicable regulations;

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

The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;

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;

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

All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Division 4, 6, or 7 for the floodplain district in which the structure is located;

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.

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 § 170.1232D.

Uses or structures accessory to open space uses, or classified as historic structures that comply with §§ 170.1232 and 170.1233.

Extraction of sand, gravel, or other materials that comply with § 170.1232D.

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 § 170.1232C.

General standards. Development shall have a low flood-damage potential and shall not cause an obstruction or raise the flood elevations upstream and downstream as more fully described in § 170.1220. An applicant shall provide the following data to determine the effects of the proposal according to § 170.1221:

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

Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if adequate floodproofing measures are provided to the flood protection elevation, and construction meets the development standards of § 170.1221.

Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if 1) the requirements of § 170.1221 are met; 2) no material is deposited in navigable waters unless a permit is issued by the Wisconsin Department of Natural Resources pursuant to Ch. 30, Wis. Stats., and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 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 material.

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. Admin. 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. Admin. Code;

Any solid or hazardous waste disposal sites;

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

General standards. Development shall not cause an obstruction or raise the flood elevations upstream or downstream as more fully described in § 170.1221.

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

Commercial structures. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of § 170.1242B. Subject to the requirements of § 170.1242F, 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. 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 § 170.1224. Subject to the requirements of § 170.1242F, 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 § 170.1224. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

Public utilities, streets and bridges. Utilities, streets, and bridges shall be designed to be compatible with comprehensive floodplain development plans. 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 are designed to comply with § 170.1224. Minor streets or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

Sewage systems. Sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 170.1224C, to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Admin. Code.

Wells. Wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 170.1224C, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Admin. Code.

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

Manufactured homes. 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. In an existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall have the lowest floor elevated to the flood protection elevation and be anchored so they do not float, collapse or move laterally during a flood. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in § 170.1242B.

Mobile recreational vehicles. All mobile recreational vehicles that are on-site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in § 170.1242K. 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.

The development standards in Division 4 apply to floodway areas and the standards in Division 5 apply to floodfringe areas. The rest of this article applies to either district.

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

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

Request for determination. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures; and the flood zone as shown on the Flood Insurance Rate Map and require the applicant to furnish any of the following information deemed necessary by the Wisconsin Department of Natural Resources to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

Determination. The extent of the floodway and floodfringe shall be as determined by the Wisconsin Department of Natural Resources.

Development in a Flood Storage District shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood.

No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the predevelopment 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 to provide an equal volume of storage.

If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district, on this waterway, is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as set forth in § 170.1271.

No area may be removed from the Flood Storage District unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.

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

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

If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed.

The applicant shall submit a certificate signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor, and floodproofing elevations are in compliance with the permit issued.

If the project involves floodproofing measures, the applicant shall submit a certificate signed by a registered professional engineer or architect stating that the requirements of § 170.1224 are met.

Obstructions or increases.

Generally. The Village Board may change the Floodplain Overlay District boundaries and the text of this article pursuant to the requirements and procedures in Article 5. Actions requiring an amendment include, but are not limited to, the following:

Flood easements. A person 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 governing body.

Generally. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State of Wisconsin. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Wisconsin Department of Natural Resources.

Zone A floodplains. For projects located in a Zone A floodplain, the following provisions apply:

Zone AE floodplains. For projects located in a Zone AE floodplain, the following provisions apply:

Nonconforming uses. The Zoning Administrator shall maintain a list of those properties that contain a nonconforming use.

Nonconforming structures. The Zoning Administrator shall maintain a list of those properties that have a nonconforming structure. For every such structure, the following information shall be recorded:

The Zoning Administrator shall place marks on structures to show the depth of inundation during the regional flood.

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

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

Generally.

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 chapter.

The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present 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.

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present 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 in Article 19. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3). 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% provisions of this section.

No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3).

If on a per event basis the total value of the work being done under Subsections D and E equals or exceeds 50% of the present 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 170.1242B(3).

Except as provided in Subsection H, 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 predamaged condition equals or exceeds 50% of the structure's present assessed value.

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

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, § 170.1224 and Ch. SPS 383, Wis. Admin. 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, § 170.1224C and Chs. NR 811 and NR 812, Wis. Admin. 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 § 170.1242 except where Subsection B is applicable.

Where compliance with the provisions of Subsection 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 Zoning Board of Appeals, using the procedures established in Article 5, may grant a variance from those provisions of Subsection 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, § 170.1224C, and Ch. SPS 383, Wis. Admin. Code.

All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter, § 170.1224C, and Ch. NR 811 and NR 812, Wis. Admin. Code.