This chapter regulates all areas that would be covered by the
regional flood or base flood. Note: Base flood elevations are derived
from the flood profiles in the Flood Insurance Study. Regional flood
elevations may be derived from other studies. Areas covered by the
base flood are identified as A-Zones on the Flood Insurance Rate Map.
A.
The boundaries of all floodplain districts are designated as floodplains
or A-Zones on the maps listed below and the revisions in the Village
of Balsam Lake Floodplain Appendix. Any change to the base flood elevations
(BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance
Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA
before it is effective. No changes to regional flood elevations (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 Village Clerk,
Village of Balsam Lake. If more than one map or revision is referenced,
the most restrictive information shall apply.
B.
Official Maps based on the FIS: Flood Insurance Rate Map (FIRM),
panel numbers 55095C0405D and 55095C0410D dated September 16, 2011;
with corresponding profiles that are based on the Flood Insurance
Study (FIS) dated September 16, 2011, Volume number 55095CV000A.
C.
Official Maps based on other studies: one-hundred-year Dam Break
Analysis, (Lower Balsam Lake Dam), dated May 2000, and Lower Balsam
Lake Dam Hydraulic Shadow Map, dated May 2002, all prepared by Ayres
Associates and approved by DNR.
The regional floodplain areas are divided into three districts
as follows:
A.
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.
B.
The Flood-Fringe District (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
C.
The General Floodplain District (GFP) is those areas that have been
or may be covered by floodwater during the regional flood.
A.
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A(1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII. 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. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 170-72C and the criteria in Subsection A(1) and (2) below.
(1)
If flood profiles exist, the map scale and the profile elevations
shall determine the district boundary. The regional or base flood
elevations shall govern if there are any discrepancies.
(2)
Where flood profiles do not exist, the location of the boundary shall
be determined by the map scale, visual on-site inspection and any
information provided by the Department.
Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Article VIII. Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC).
Any development or use within the areas regulated by this chapter
shall be in compliance with the terms of this chapter, and other applicable
local, state, and federal regulations.
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this chapter 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.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under §§ 59.69, 59.692 or 59.694
for counties; § 62.23 for cities; § 61.35 for
villages; or § 87.30, Wis. Stats., which relate to floodplains.
If another ordinance is more restrictive than this chapter, that ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. If this chapter imposes
greater restrictions, the provisions of this chapter shall prevail.
In their interpretation and application, the provisions of this
chapter 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 chapter, 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 chapter or in effect on the date
of the most recent text amendment to this chapter.
The flood protection standards in this chapter are based on
engineering experience and scientific research. Larger floods may
occur or the flood height may be increased by man-made or natural
causes. This chapter does not imply or guarantee that non-floodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. Nor does this chapter 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 chapter.
Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
The Polk 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 the 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 location
of the floodway.
The community shall review all permit applications to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a flood-prone area, all new construction
and substantial improvements shall be designed or modified and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods
and practices that minimize flood damages; and be constructed with
electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding. Subdivisions shall be reviewed for compliance with the
above standards. All subdivision proposals (including manufactured
home parks) shall include regional flood elevation and floodway data
for any development that meets the subdivision definition of this
chapter.
A.
Hydraulic and hydrologic analyses.
(2)
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection A(3) are met.
(3)
Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Article VIII. Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.
B.
Watercourse alterations.
(1)
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 flood-carrying capacity of any altered or relocated
watercourse shall be maintained.
(2)
As soon as is practicable, but not later than six months after the
date of the watercourse alteration or relocation, the Zoning Administrator
shall notify FEMA of the changes by submitting appropriate technical
or scientific data in accordance with NFIP guidelines that shall be
used to revise the FIRM, risk premium rates and floodplain management
regulations as required.
Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other Floodplain Zoning Maps or the Floodplain Zoning Ordinance are made according to Article VIII.
Public or private campgrounds shall have a low flood-damage
potential and shall meet the following provisions:
A.
The campground is approved by the Department of Health and Family
Services.
B.
A land use permit for the campground is issued by the Zoning Administrator.
C.
The character of the river system and the elevation of the campground
is such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants.
D.
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.
E.
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, to remain in compliance with all applicable regulations, including those of the State Department of Health and Family Services and all other applicable regulations.
F.
Only camping units are allowed.
G.
The camping units may 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.
H.
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.
I.
The municipality shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section.
K.
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.
L.
All service facilities, including but not limited to refuse collection,
electrical service, natural gas lines, propane tanks, sewage systems
and wells shall be properly anchored and placed at or floodproofed
to the flood protection elevation.
