This chapter is adopted pursuant to the authorization in § 62.23,
Wis. Stats., for cities and the requirements in § 87.30,
Wis. Stats.
Uncontrolled development and use of the floodplains and rivers
of this City 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 homebuyers;
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 Lodi, Wisconsin.
This chapter regulates all areas 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 DNR. Base flood elevations are
derived from the flood profiles in the Flood Insurance Study (FIS)
and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory
zones are displayed as A and AO Zones. Regional flood elevations (RFE)
may be derived from other studies. If more than one map or revision
is referenced, the most restrictive information shall apply.
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 (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see §
184-41, Amendments) before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the WDNR. These maps and revisions are on file in the office of the Lodi City Clerk, Lodi City Hall, 130 South Main Street, Lodi, WI. If more than one map or revision is referenced, the most restrictive information shall apply.
A. Official maps:
(1) Flood Insurance Rate Map (FIRM), Panel Number Columbia County, Wisconsin
and Incorporated Areas Panel 508 of 620, Map Number 55021CO508F; Panel
509 of 620, Map Number 55021CO509F; Panel 516 of 620, Map Number 55021CO516F
and Panel 517 of 620 Map Number 55021CO517F, dated May 16, 2016; with
corresponding profiles that are based on the Flood Insurance Study
(FIS) 55021CV001C, 5502CV002C dated May 16, 2016, Study Number. Approved
by: the DNR and FEMA.
B. Official maps: based on other studies. Any maps referenced in this
section must be approved by the DNR and be more restrictive than those
based on the FIS at the site of the proposed development.
(1) Letter of map revision (case number and date).
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 and are contained within AE Zones as
shown on the FIRM.
B. The Floodfringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
C. The General Floodplain District (GFP) is those areas that may be
covered by floodwater during the regional flood and do not have a
BFE or floodway boundary determined, including A, AH and AO Zones
on the FIRM.
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 §
184-41, Amendments. 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 §
184-37C and the criteria in Subsection
A and
B below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to §
184-41, Amendments.
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.
B. Where flood profiles do not exist for projects, the location of the
boundary shall be determined by the map scale.
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 §
184-41, Amendments.
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.
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 Columbia County floodplain zoning provisions in effect on
the date of annexation shall remain in effect and shall be enforced
by the City for all annexed areas until the City adopts and enforces
an ordinance which meets the requirements of Ch. NR 116, Wis. Adm.
Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These
annexed lands are described on the City'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.