This chapter is adopted pursuant to the authorization
in §§ 59.69, 59.692 and 59.694, Wis. Stats., and the
requirements in § 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains
and rivers of this County would impair the public health, safety,
convenience, general welfare and tax base.
This chapter is intended to regulate floodplain
development to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood-control
projects;
C.
Minimize rescue and relief efforts undertaken at the
expense of the taxpayers;
D.
Minimize business interruptions and other economic
disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas
in the floodplain;
G.
Discourage the victimization of unwary land and home
buyers;
H.
Prevent increases in flood heights that could increase
flood damage and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is
any practicable alternative to locate the activity, use or structure
outside of the floodplain.
This chapter shall be known as the "Floodplain
Zoning Ordinance for Price County, Wisconsin."
[Amended 4-21-2015 by Res. No. 16-15]
This chapter regulates all areas that would be covered by the
regional flood or base flood and includes floodplain islands where
emergency rescue and relief routes would be inundated by the regional
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.)
[Amended 4-15-2008 by Res. No. 38-08; 2-17-2009 by Res. No. 7-09; 8-21-2012 by Res. No. 30-12; 4-21-2013 by Res. No. 21-13; 4-21-2015 by Ord. No. 1-15; 4-21-2015 by Res. No. 16-15]
The boundaries of all floodplain districts are designated as
floodplains or A Zones on the maps listed below and the revisions
in the Price County 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 Price County
Zoning Department. If more than one map or revision is referenced,
the most restrictive information shall apply. Official maps are:
A.
The Price County Flood Insurance Study and Rate Maps, dated December
5, 1989, prepared by the Federal Emergency Management Agency (FEMA).
B.
The Price County Elk River Floodplain Management Study Maps, dated
September 1989, containing corrected cross section elevations on page
8 and 9 as follows: A-1386.1, B-1395.7, C-1396.9 and D-1401.4, prepared
by the United States Department of Agriculture's Soil Conservation
Service in cooperation with the DNR.
C.
The Dambreak Analysis for Jobes Dam dated August 20, 1990.
D.
The Dam Failure Analysis for Musser, Solberg and Weimer Dams dated
March 1991.
E.
The Report of Hydraulic and Hydrologic Analyses for Sailor Creek
Flowage Dam dated March 1999; amended June 20, 2000, Resolution No.
5895.
F.
The Dam Hazard Assessment and Engineering Evaluation for Lower Squaw
Creek Dam dated March 2000; amended April 17, 2001, Resolution No.
5941.
G.
The Elevation Certificate for Flambeau River Corp. South Fork Condominium
Association (Project No. 1099), dated January 29, 2003, by Frederic
W. Zietlow, amending FEMA Official Floodplain Zoning Map Community
Panel Number 550343 0105 C of December 5, 1989; amended August 19,
2003, Resolution No. 6077.
H.
The Dam Failure Analysis for Winter Pond dated September 2003; amended
April 20, 2004, Resolution No. 6110.
I.
The Report of Hydraulic and Hydrologic Analyses for Prentice Dam
dated September 8, 2006; amended February 20, 2007, Resolution No.
1. 07.
J.
Dam Analysis and Report of the South Fork of the Jump River dated
June 2003; amended April 15, 2008, Resolution No. 38-08.
K.
Dam Break Analysis for Pixley and Crowley Dams on the Flambeau River
dated January 2007.
L.
Dam Failure Analysis Report, Ogema Dam, dated January 2012.
M.
Lower Steve Creek Dam Failure Analysis dated November 26,2013.
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.
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A or B 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 pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 505-39C and the criteria in Subsections A and B below.
A.
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. (Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 505-43B.)
B.
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 are exempt when § 30.2022,
Wis. Stats., applies.
A.
This chapter supersedes all the provisions of any
County zoning ordinance enacted under § 59.69, 59.692 or
59.694, Wis. Stats., 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.[1]
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 nonfloodplain
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 County or any officer or employee
thereof for any flood damage that may result from reliance on this
chapter.
The County 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.[2]
