This chapter is adopted pursuant to the authorization in §§ 61.35
and 62.23, Wis. Stats., for villages and cities; §§ 59.69,
59.692, and 59.694 Wis. Stats., for counties; and the requirements
in § 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains and rivers
of this municipality 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 Grant County, 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 the 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 Grant County Conservation, Sanitation and Zoning Department. If more than one map or revision is referenced, the most restrictive information shall apply.
A.
Official maps based on the FIS:
(1)
Flood Insurance Rate Map (FIRM), panel numbers: 55043C0012F, 55043C0013F,
55043C0014F, 55043C0016F, 55043C0017F, 55043C0018F, 55043C0028F, 55043C0029F,
55043C0033F, 55043C0034F, 55043C0036F, 55043C0037F, 55043C0045F, 55043C0053F,
55043C0054F, 55043C0058F, 55043C0065F, 55043C0093F, 55043C0094F, 55043C0104F,
55043C0108F, 55043C0109F, 55043C0111F, 55043C0112F, 55043C0113F, 55043C0114F,
55043C0116F, 55043C0127F, 55043C0128F, 55043C0129F, 55043C0131F, 55043C0132F,
55043C0133F, 55043C0140F, 55043C0145F, 55043C0151F, 55043C0152F, 55043C0155F,
55043C0156F, 55043C0160F, 55043C0180F, 55043C0185F, 55043C0195F, 55043C0205F,
55043C0215F, 55043C0232F, 55043C0251F, 55043C0252F, 55043C0256F, 55043C0260F,
55043C0261F, 55043C0263F, 55043C0264F, 55043C0270F, 55043C0295F, 55043C0305F,
55043C0315F, 55043C0320F, 55043C0340F, 55043C0365F, 55043C0370F, 55043C0410F,
55043C0420F, 55043C0428F, 55043C0429F, 55043C0430F, 55043C0440F, 55043C0442F,
55043C0445F, 55043C0455F, 55043C0460F, 55043C0465F, 55043C0470F, 55043C0480F,
55043C0485F, 55043C0495F, 55043C0505F, 55043C0511F, 55043C0513F, 55043C0520F,
55043C0527F, 55043C0529F, 55043C0530F, 55043C0540F, 55043C0545F, 55043C0582F,
55043C0603F, 55043C0605F, 55043C0610F, 55043C0616F, 55043C0617F, 55043C0635F,
55043C0636F, 55043C0643F, 55043C0644F, 55043C0645F, 55043C0655F, 55043C0657F,
55043C0660F, 55043C0665F, 55043C0670F, 55043C0676F, 55043C0677F, 55043C0685F,
55043C0706F, 55043C0707F, 55043C0728F, 55043C0729F, 55043C0733F, 55043C0736F,
55043C0738F, 55043C0740F, dated February 3, 2016; with corresponding
profiles that are based on the Flood Insurance Study (FIS) dated February
03, 2016, Volume number 55043CV000B.
(2)
Flood Insurance Rate Map (FIRM), panel numbers: 55043C0234E, 55043C0242E,
55043C0244E, 55043C0402E, 55043C0404E, 55043C0412E, 55043C0414E, 55043C0418E,
55043C0556E, 55043C0557E, 55043C0559E, 55043C0576E, 55043C0578E, 55043C0579E,
55043C0583E, 55043C0584E, 55043C0587E, 55043C0591E, 55043C0592E, 55043C0611E,
55043C0612E, 55043C0618E, 55043C0619E, 55043C0637E, 55043C0638E, 55043C0639E,
55043C0702E, 55043C0708E, 55043C0709E, 55043C0716E, 55043C0717E, 55043C0719E,
dated September 2, 2011; with corresponding profiles that are based
on the Flood Insurance Study (FIS) dated February 03, 2016, Volume
number 55043CV000B.
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)
Nihles Dam: Prepared by the USDA Natural Resources Conservation Service
and approved by the Wisconsin Department of Natural Resources on April
1, 2003.
(a)
Floodplain map dated July 2, 2003, and titled "100 Year Flood
Boundary Map, Dam Failure - Hydraulic Shadow, Nihles Dam."
(b)
Flood profile dated July 2, 2003, titled "100 Year Flood Profile,
Dam Failure - Hydraulic Shadow, Nihles Dam."
(c)
Floodway data table, undated and titled "Floodway Data Table
- The Dam Failing During the 100 Year Storm."
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 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 § 290-38C and the criteria in Subsections 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 § 59.69, 59.692 or 59.694, Wis.
Stats., for counties; § 62.23 for cities; § 61.35,
Wis. Stats., for villages; 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.
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 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 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 Grant 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 59-72, 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.
