This chapter is adopted pursuant to the authorization in §§ 61.35
and 62.23, for villages and cities; §§ 59.69, 59.692,
and 59.694 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 Mazomanie, Wisconsin.
A.
Areas to be regulated. 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.
B.
Official maps and revisions. 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 Village Clerk, Mazomanie, Wisconsin If more than one map or revision is referenced, the most restrictive information shall apply.
(1)
Official maps: Based on the FIS:
(a)
Flood Insurance Rate Map (FIRM), panel number 550077-0167, 550085-0167,
550077-0162, 550085-0162, 550077-0166, 550085-0166, dated (6-16-2016);
with corresponding profiles that are based on the Flood Insurance
Study (FIS) dated [550077-0167, 550085-0167, 550077-0162, 550085-0162,
550077-0166, 550085-0166]:
(b)
Flood Hazard Boundary Map (FHBM), panel number (550077-0167,
550085-0167, 550077-0162, 550085-0162, 550077-0166, 550085-0166),
dated 6-16-2016, approved by the DNR and FEMA.
(2)
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. (The following
are examples of other types of maps you may need to adopt.)
C.
Establishment of floodplain zoning districts. The regional floodplain
areas are divided into three districts as follows:
(1)
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.
(2)
The Floodfringe District (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
(3)
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.
D.
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) 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 pre-development 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 § 400-28C and the criteria in Subsection D(1) and (2) 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.
(1)
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.
(2)
Where flood profiles do not exist for projects, the location of the
boundary shall be determined by the map scale.
E.
Removal of lands from floodplain. 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.
F.
Compliance. 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.
G.
Municipalities and state agencies regulated. 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.
H.
Abrogation and greater restrictions.
(1)
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under §§ 59.69, 59.692 or 59.694
for counties; § 62.23 for cities; § 61.35 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.
(2)
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.
I.
Interpretation. 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.
J.
Warning and disclaimer of liability. 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.
K.
Severability. Should any portion of this chapter be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected.
L.
Annexed areas for cities and villages. The Dane 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.
