The purpose of this district is to protect life,
health, and property; to minimize expenditures of public monies for
costly flood-control projects; to minimize rescue and relief efforts
generally undertaken at the expense of the general public; to minimize
damage to public facilities, such as sewer and water facilities and
streets and bridges; to maintain floodwater storage capacity; and
to discourage the victimization of unwary residents. The standards
set out in this article shall apply in this overlay district.
The degree of flood protection intended to be
provided by this chapter is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions or flood height may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This article does not imply that areas outside
floodplain zoning district boundaries or land uses permitted within
such districts will always be totally free from flooding or flood
damages, nor shall this article create liability on the part of or
cause of action against the Tribe or any officer or employee thereof
for any flood damage that may result from reliance of this article.
B.
Boundaries.
(1)
The boundary of the floodplain districts and,
where shown, the floodway and the flood-fringe districts shall be
those areas designated as one-hundred-year floodplain ice jam on the
Floodplain Delineation Map/Flood Insurance Rate Map developed by the
United States Army Corps of Engineers dated November 1995 for the
part of the Reservation within Township 28 North, Range 15 East of
the State of Wisconsin.
[Amended 5-21-1998]
The floodplain areas within the jurisdiction
of this article shall be one main district titled "general floodplain
district (GFP)" and shall be, as data becomes available, subdivided
into two districts:
A.
No development shall be allowed in the floodplain areas which will cause an obstruction to flow, or cause an increase in regional flood height due to floodplain storage area lost, which is equal to or exceeds 0.01 foot. Obstructions and increases equal to or greater than 0.01 foot may be permitted only after amendments to this chapter and/or the Official Floodplain Zoning Map, which includes the floodway lines and water surface profiles, in accordance with § 625-183, but only if the accumulative effect of the proposed development will not increase the height of the regional flood more than one foot for the hydraulic reach of the stream, as defined in Article II (Rules of Construction and Definitions).
B.
Located floodplain boundaries. Where an apparent discrepancy exists between the location of the outermost boundary of the flood-fringe district/general floodplain district shown on the Official Floodplain Zoning Map and actual field conditions, the location shall be initially determined by the Zoning Administrator using the criteria in Subsection B(1) and (2). Where the Zoning Administrator finds that there is a significant difference between the map and the actual field conditions, the map shall be amended using the procedures established in § 625-183. Disputes between the Zoning Administrator and an applicant over the location of the district boundary line shall be settled according to § 625-182.
(1)
Where flood profiles exist, the location of
the district boundary line shall be estimated by the Zoning Administrator
using both the scale appearing on the map and the elevations shown
on the water surface profile of the regional flood. Where a discrepancy
exists between the map and the actual field conditions, the regional
flood elevations shall govern. A map amendment is required where there
is a significant discrepancy between the map and actual field conditions.
The Zoning Administrator shall have the authority to grant or deny
a land use lease on the basis of a district boundary derived from
elevations shown on the water surface profile of the regional flood,
whether or not a map amendment is required. The Zoning Administrator
shall be responsible for initiating any map amendments required under
this section.
(2)
Where flood profiles do not exist, the location
of the district boundary line shall be estimated by the Zoning Administrator
using the scale appearing on the map, visual on-site inspection, and
any available information provided by the Department. Where there
is a significant difference between the map and actual field conditions,
the map shall be amended. When a map amendment has been drafted by
the departments, recommended by committee, and approved by Tribal
Legislature, the Zoning Administrator shall have the authority to
grant or deny a land use lease.
C.
Compliance with the provisions of this section shall
not be grounds for the removal of lands from the floodplain district
unless:
(1)
Such lands are filled to a height of at least
two feet above the elevation of the regional flood for the particular
area.
(2)
Such lands are contiguous to other lands lying
outside the floodplain district.
(3)
Where required, an official letter of map amendment
has been issued by the Flood Insurance Administration (FIA) of the
Federal Emergency Management Agency (FEMA).
D.
Utility facilities such as dams, storm sewers and
related structures, flowage areas, transmission lines, pipelines,
water monitoring devices, and wastewater treatment facilities are
conditional uses subject to tribal regulations and applicable federal
regulations.
E.
Navigational and drainage aids such as channels, channel
markers, buoys, and other such devices are permitted, provided that
prior to any alteration or relocation of a watercourse the Department
shall notify adjacent communities, the Department of Natural Resources,
and the office of FIA of FEMA and require the applicant to secure
necessary permits. The flood-carrying capacity within the altered
or relocated portion on any watercourse shall be maintained.
F.
Other water-related uses such as docks, piers, wharves,
bridges, culverts and river crossings of utilities are permitted,
subject to any pier or dock line regulations, or any other regulations
that are required pursuant to tribal codes or ordinances and any applicable
federal regulation.
G.
Filling in the floodplain requires review by the committee for recommendation to the Tribal Legislature and the issuance of a conditional use permit, or the permit may be issued as a conditional use contract as per § 625-167B.
H.
Within these districts, all uses not listed as permitted
or conditional uses shall be prohibited.
The provisions for the general floodplain district
shall apply to all floodplains listed as A Zones on the Official Floodplain
Zoning Map for which regional flood data is not available or where
regional flood data is available but floodways have not been delineated.
As adequate regional flood information becomes available and floodways
are delineated for portions of this district, such portions shall
be placed in the flood-fringe or floodway district, as appropriate.
 |
A.
Applicability. When any developments are proposed
within a general floodplain district, a determination shall be made
to establish the boundaries of the floodway and determine whether
floodway or flood-fringe uses apply and, where applicable, to determine
the regional flood elevation.
B.
Upon receiving an application for development, the
Department shall:
(1)
Require the applicant to submit, at the time
of application, two copies of an aerial photograph or a plan which
accurately locates the floodplain developments, together with all
pertinent information, such as, but not limited to, the nature of
the proposal, legal description of the property, fill limits and elevations,
building floor elevations, and floodproofing measures.
(2)
Require the applicant to furnish any of the
following additional information as is deemed necessary by the Department
to evaluate the effects of the proposal upon flood flows and determine
the boundaries of the floodway and, where applicable, the regional
flood elevation:
(a)
A typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
the cross-sectional area to be occupied by the existing structures
on the site, location and elevations of streets, water supply, sanitary
facilities, soil types and other pertinent information.
(b)
Site plan showing elevations or contours of
the ground, pertinent structures, fill or storage elevations, size,
location and spacial arrangement of all proposed and existing structures
on the site, location and elevations of streets, water supply, sanitary
facilities, soil types and other pertinent information.
(c)
Profile showing the slope of the bottom of the
channel or flow line of the stream.
(d)
Specifications for building construction and
materials, floodproofing, filling, dredging, channel improvement,
storage of materials, water supply, and sanitary facilities.
(3)
Transmit one copy of the information described in this Subsection B to the Environmental Services Department with a written request to have that Department provide technical assistance to establish floodway boundaries and, where applicable, provide regional flood elevation as fixed within the Tribal Official Floodplain Zoning Map. Where the provisions of § 625-176C apply, the applicant shall provide all required information and computations.
A.
Applicability. The provisions of this section shall apply to all areas within the regional flood-fringe district, as shown to be in the general floodplain district, and are determined to be in the flood-fringe area pursuant to § 625-178.
B.
Permitted uses. The following uses shall be allowed
by permit within the flood-fringe district and flood-fringe portions
of the general floodplain district: any structures, land uses or developments
may be permitted to the extent that they are not prohibited by this
chapter or any other tribal code or ordinance or any applicable federal
regulation, and provided that a land use lease has been issued by
the Department.
C.
Standards for development in flood-fringe areas.
(2)
Residential uses. Any structure or building
used for human habitation which is to be erected, constructed, reconstructed,
altered, or moved into the flood-fringe area shall meet or exceed
the following standards:
(a)
The lowest floor excluding the basement or crawlway shall be placed on fill at or above the flood protection elevation (which is a point two feet above the regional flood elevation) except where Subsection C(2)(b) is applicable. The fill elevation shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures where existing streets or sewer lines are at elevations which make compliance impractical, provided that the Tribal Legislature grants a variance due to dimensional restrictions.
(b)
The basement or crawlway floor may be placed
at the regional flood elevation, provided that it is floodproofed
to the flood protection elevation. No permit or variance shall allow
any floor, basement or crawlway below the regional flood elevation.
(c)
Contiguous dry land access shall be provided from a structure or building to land which is outside of the floodplain, except as provided in Subsection C(2)(d).
(d)
In existing developments where existing streets or sewer lines are at elevations which make compliance with Subsection C(2)(c) impractical, the Tribal Legislature may permit new developments and substantial improvements where access roads are at or below the regional flood elevations, provided that:
[1]
The Department has written assurance from the
appropriate local units of police, fire and emergency services that
rescue and relief will be provided to the structure(s) by wheeled
vehicles, considering the anticipated depth, duration and velocity
of the regional flood event; or
(3)
Commercial and tribal institutional uses. In commercial and institutional areas, any structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood-fringe area shall meet the requirements of Subsection C(2). Storage yards, parking lots and other accessory structures or land uses may be at lower elevations, subject to the requirements of Subsection C(5). However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second during the regional flood. Inundation of such yards or parking areas exceeding two feet may be allowed, provided that an adequate warning system exists to protect life and property.
(4)
Manufacturing, agricultural, and industrial uses. Any manufacturing, agricultural, or industrial structure or building (i.e., wastewater treatment facility) which is to be erected, constructed, reconstructed, altered, or moved into the flood-fringe area shall be protected to the flood protection elevation utilizing fill, levees, flood walls, adequate floodproofing measures in accordance with § 625-181, or any combination thereof. On streams or rivers having prolonged flood durations, greater protection may be required to minimize interference with normal operations of the facility. A lesser degree of protection, compatible with the criteria in Subsection C(3) and (5), may be permissible for storage yards, parking lots and other accessory structures or uses.
(5)
The storage or processing of materials that are buoyant, flammable, or explosive or which in times of flooding could be injurious to human, animal, or plant life (i.e., propane tanks, etc.) shall be at or above the flood protection elevation for the particular area or floodproofed in compliance with § 625-181.
(6)
Public utilities, streets and bridges should
be designed to be compatible with the local emergency government plans
and:
(a)
When failure or interruption of public utilities, streets or bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed, in compliance with § 625-181, to the flood protection elevation.
(b)
Minor or auxiliary roads or nonessential utilities
may be constructed at lower elevations, provided that they withstand
flood forces to the regional flood elevation.
(7)
Wells. All wells, whether public or private, shall be floodproofed to the flood protection elevation pursuant to § 625-181 and shall meet the applicable provisions of other tribal codes and ordinances.
(8)
Solid waste transfer and disposal sites. All
solid waste disposal sites, whether public or private, are prohibited
in flood-fringe areas.
(9)
Accessory uses. An accessory structure not connected to a principal structure shall meet all the applicable provisions of § 625-180C(2)(a) through (e). A lesser degree of protection, compatible with these criteria and the criteria in Subsection C(3) for commercial development, is permissible.
A.
Applicability. The provisions of this section shall apply to all areas within the regional floodway district, as shown on the Official Floodplain Zoning Map, and to the floodway portion of the general floodplain district, as determined pursuant to § 625-178.
B.
Permitted uses. The following open space uses have
a low flood damage potential and, not obstructing flood flows, shall
be allowed by permit within the floodway district and in the floodway
portion of the general floodplain district, provided that they are
not prohibited by any other district or ordinance and provided further
that they meet all of the standards contained in this section below
and a land use lease has been issued by the Department:
(1)
Commercial agricultural uses, such as general
farming, pasture, grazing, outdoor plant nurseries, horticulture,
and sod farming.
(2)
Nonstructural industrial or commercial uses,
such as loading areas and parking areas.
(3)
Private and public recreational uses, such as
golf courses, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and hiking and horseback
riding trails.
(4)
Uses or structures accessory to open space uses or essential for historic areas that are not in conflict with the provisions in § 625-179C(3) and (4);
(5)
Extraction of sand, gravel, or other materials.
(6)
Marina, docks, piers, and wharves.
(7)
Railroads, streets, bridges, pipelines and other
water-related uses, such as culverts and river crossings of utilities.
(8)
Any uses subject to tribal regulations and applicable
federal laws.
C.
Standards for development in floodway areas.
(1)
Any development in floodway areas shall meet all of the provisions of § 625-176, and the Department shall be provided the following data:
(2)
Structures which are accessory to permitted
open space may be permitted, provided that the structures:
(a)
Are not designed for human habitation;
(b)
Have a low flood damage potential;
(c)
Are to be constructed and placed on the building
site so as to offer minimum obstruction to the flow of floodwaters.
Whenever possible, structures will be constructed with the longitudinal
axis parallel to the direction of flow of floodwaters and will be
placed with the longitudinal axis approximately on the same line as
that of adjoining structures;
(d)
Are firmly anchored to prevent them from floating
away and restricting bridge openings or other restricted sections
of the stream or river; and
(e)
Have all service facilities, such as electrical
and heating equipment, at or above the flood protection elevation.
(3)
Public utilities, streets and bridges, provided
that:
(a)
Adequate floodproofing measures are provided
to the flood protection elevation.
(4)
Fills or deposition of materials may be permitted,
upon Tribal Legislature approval, provided that:
(a)
Fill or deposition of materials does not encroach
on the channel area between the ordinary high-water mark on each side
of the stream unless a permit has been granted by the Department and
a permit pursuant to Section 404 of the Federal Water Pollution Control
Act, Amendments of 1972, 33 U.S.C. § 1344, has been issued,
if applicable, and the other requirements of this section are met;
(b)
The fill or other materials will be protected
against erosion by riprap, vegetative cover, sheet piling and/or bulkheading
sufficient to prevent erosion; and
D.
Prohibited uses. The following uses shall be prohibited
in the floodway district:
(1)
The storage of any materials that are buoyant,
flammable, explosive, or injurious to human, animal, plant, fish or
other aquatic life (i.e., propane tanks, etc.).
(2)
Uses which are not allowed in the underlying
districts of this chapter.
(3)
All private or public on-site sewage disposal
systems, except portable latrines that are removed during flooding,
the systems associated with public recreational areas and campgrounds.
(4)
All public or private wells which are used to
obtain water.
(5)
Any solid and/or hazardous waste transfer or
disposal site, public or private.
(6)
Structures designed for human habitation, permanent
or seasonal.
(7)
All wastewater treatment ponds and facilities.
(8)
All sanitary sewer lines or waterlines except
those to service existing or proposed development outside the floodway
which complies with the regulations for the floodplain area occupied.
A.
Where floodproofing measures are required, they shall
be designed to:
(1)
Withstand the flood pressures, depths, velocities,
uplift and impact forces, and other factors associated with the regional
flood.
(2)
Assure protection to the flood protected elevation.
(3)
Provide anchorage of structures to foundations
to resist flotation and lateral movement.
(4)
Ensure that the structural walls and floors
are watertight and completely dry without human intervention during
flooding, to the flood protection elevation.
B.
Other floodproofing measures may include:
(1)
Installation of watertight doors, bulkheads
and shutters.
(2)
Reinforcement of walls and floors to resist
pressures.
(3)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(4)
Additional mass or weight to structures to prevent
flotation.
(5)
Placement of essential utilities above the flood
protection elevation.
(6)
Pumping facilities and/or subsurface drainage
systems for buildings to relieve external foundation wall and basement
floor pressures and to lower water levels in structures.
(7)
Construction of water supply and waste treatment
systems to prevent the entrance of floodwaters.
(8)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(9)
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
C.
No permit or variance shall be issued until the applicant
submits to the Department a plan or document certified by a registered
professional engineer or architect that floodproofing measures are
adequately designed to protect the structure or development to the
flood protection elevation for the particular area.
The following procedure shall be used by the
committee for recommendation to the Tribal Legislature in disputes
of a floodplain zoning district boundary:
A.
A flood district boundary is established by flood maps or engineering studies pursuant to § 625-174B; the flood elevation or flood profiles for the point in question shall be the governing factor in locating the district boundary. If no elevation or profiles are available to the committee for recommendation to the Tribal Legislature, any other available evidence may be examined.
B.
In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present the case to the committee for recommendation to the Tribal Legislature and, if he so chooses, submit technical evidence. Where it is determined that the district boundary as mapped is incorrect, the committee shall proceed to recommend to the Tribal Legislature a map amendment pursuant to § 625-183.
A.
General provisions. The Tribe can, from time to time,
alter, supplement or change the boundaries of use districts and the
regulations contained in this article in the manner provided by law.
B.
Actions which require an amendment include but are
not limited to the following:
(1)
Any change in the official floodway lines or
in the boundary of the floodplain area.
(2)
Settlement of conflicts between the water surface
profiles and Floodplain Zoning Map.
(3)
Any fill in the floodplain 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)
Any fill or encroachment that will cause a change
equal to or greater than 0.01 foot in the water surface profile of
the regional flood.
It is the responsibility of the leaseholder
or leaseholder's agent to secure all other necessary permits from
all appropriate federal, tribal, and local agencies, including those
required under Section 404 of the Federal Water Pollution Control
Act, Amendments of 1972, 33 U.S.C. § 1344.
