Obstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 532-44.
A.
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 532-44. Any such alterations must be reviewed and approved by FEMA and the DNR.
[Amended 10-20-2020 by Ord. No. 20-24]
The Common Council may supplement or change floodplain and wetland zoning districts and regulations contained in this chapter according to § 62.23, Wis. Stats., Chs. NR 116 and 117, Wis. Adm. Code, and, for wetlands, § 532-15, as outlined in § 532-45 below. Actions which require an amendment to this chapter and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
A.
Any change to the Official Floodplain Zoning Map listed in § 532-11, including the floodway line or boundary of any floodplain area.
B.
Correction of significant 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 encroachment into the floodplain that will obstruct flow
causing an increase of 0.01 foot or more in regional flood height.
E.
Any upgrading of 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.
G.
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM.
[Amended 10-4-2016 by Ord. No. 16-18; 5-2-2017 by Ord. No. 17-11; 10-20-2020 by Ord. No. 20-24]
Amendments to this chapter may be made upon petition of any interested party according to the provisions of § 62.23, Wis. Stats. Such petitions shall include all necessary data required by §§ 532-20D and 532-31. The land use (building) permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
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's
regional office for review prior to the hearing. The amendment procedure
shall comply with the provisions of § 62.23, Wis. Stats.
B.
No amendment to the maps or text of this chapter shall become effective
until reviewed and approved by the Department. 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 are effective until approved by
the DNR.
C.
All persons petitioning for a map amendment which involves an obstruction
to flow causing an increase of 0.01 foot or more in the height of
the regional flood shall obtain flooding easements, or other appropriate
legal arrangements, from all adversely affected property owners and
notify the local unit of government before the amendment can be approved
by the governing body.
