The governing body may change or supplement
the floodplain zoning district boundaries and this chapter in the
manner provided by law. Actions which require an amendment include,
but are not limited to, the following:
A. Any change to the Official Floodplain Zoning Map,
including the floodway line or boundary of any floodplain area.
B. Correction of discrepancies between the water surface
profiles and floodplain zoning maps.
C. 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.
D. Any fill or floodplain encroachment that obstructs
flow, increasing regional flood height 0.01 foot or more.
E. Any upgrade to a Floodplain Zoning Ordinance text
required by § NR 116.05, Wis. Adm. Code, or otherwise required
by law, or for changes by the municipality.
F. All channel relocations and changes to the maps to
alter floodway lines or to remove an area from the floodway or the
flood-fringe that is based on a base flood elevation from a FIRM requires
prior approval by FEMA. (Note: Consult the FEMA Web site, www.fema.gov,
for the map change fee schedule.
Ordinance amendments may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats., for cities and villages, or § 59.69, Wis. Stats., for counties. Such petitions shall include all necessary data required by §§
251-20 and
251-25B.
A. The proposed amendment shall be referred to the zoning
agency for a public hearing and recommendation to the governing body.
The amendment and notice of public hearing shall be submitted to the
Department regional office for review prior to the hearing. The amendment
procedure shall comply with the provisions of § 62.23, Wis.
Stats., for cities and villages or § 59.69, Wis. Stats.,
for counties.
B. No amendments shall become effective until reviewed
and approved by the Department.
C. All persons petitioning for a map amendment that obstructs
flow, increasing regional flood height 0.01 foot or more, 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.
D. For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the Department, the Zoning Administrator's visual on site inspections and other available information. (See §
251-5D.)