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 Article VIII, Amendments) before it is effective. No changes to 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 City Clerk-Treasurer, City of Brodhead. If more than one map or revision is referenced, the most restrictive information shall apply.
A.
Official maps based on the FIS:
(1)
Green County: Flood Insurance Rate Map (FIRM), Panel Nos. 55045C0219G,
55045C332G, and 55045C0355G, all with effective dates of May 18, 2009,
with corresponding profiles that are based on the Flood Insurance
Study (FIS) with an effective date of May 18, 2009, Volume No. 55045CV000A.
(2)
Rock County: Flood Insurance Rate Map (FIRM), Panel Numbers 55105C0140E
and 55105C0255E, all with effective date of September 16, 2015; with
corresponding profiles that are based on the Flood Insurance Study
(FIS) with effective date of September 16, 2015, Volume Nos. 55105CV001B
and 55105CV002B.
[Amended 7-13-2015]
B.
Official maps based on other studies: (Reserved).
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 flood-fringe 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 does 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 Article VIII, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a zoning 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 § 455-36C 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 Article VIII, 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 Article VIII, 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.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 62.23 or 87.30, Wis. Stats., which
relate to floodplains. A more restrictive 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 Common Council 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 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. This
chapter does not 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.
The Green County and Rock 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 44 CFR 59 to 72, 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 floodway location.
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 and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment 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 and all other requirements in § 455-34A. Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate flood damages.
B.
Watercourse alterations.
(1)
No zoning 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 standards of Subsection A of this section must be met, and 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 and pursuant to Article VIII, Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
C.
Chapters 30, 31, Wis. Stats., development. 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 this chapter are made according to Article VIII, Amendments.
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 Services;
B.
A zoning permit for the campground is issued by the Zoning Administrator;
C.
The character of the river system and the campground elevation are
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 Services and all other applicable regulations;
F.
Only camping units that are fully licensed, if required, and ready
for highway use are allowed;
G.
The camping units shall 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; and
L.
All service facilities, including but not limited to refuse collection,
electrical service, gaslines, propane tanks, sewage systems and wells,
shall be properly anchored and placed at or floodproofed to the flood-protection
elevation.
