This chapter regulates all areas that would be covered by the
regional flood or base flood.
The boundaries of all floodplain districts are designated as
floodplains or A Zones on the Flood Insurance Rate Map (FIRM), panel
number 55039C0400F, dated November 4, 2009, with corresponding profiles
that are based on the Flood Insurance Study (FIS), dated November
4, 2009, volume number 55039CV000A. 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 shall be effective until approved by the DNR. These
maps and revisions are on file in the office of the Village Clerk
of Fairwater. If more than one map or revision is referenced, the
most restrictive information shall apply. The dam failure profile
and one-hundred-year shadow profile maps are on file at the office
of the Village Clerk.
The regional floodplain areas are divided into four 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.
B.
The flood-fringe district (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
C.
The general floodplain district (GFP) is those areas that have been
or may be covered by floodwater during the regional flood.
D.
The flood storage district (FSD) is that area of the floodplain where
storage of floodwaters is calculated to reduce the regional flood
discharge.
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 IX. 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 § 468-39 and the criteria in Subsection A or B below:
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.
When flood profiles do not exist, the location of the boundary shall
be determined by the map scale, visual on-site inspection and any
information provided by the Department.
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 IX.
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 are exempt when § 30.2022, Wis. Stats.,
applies.
A.
Greater restrictions. This chapter supersedes all the provisions
of any municipal zoning ordinance enacted under § 61.35
or 87.30, Wis. Stats., which relate to floodplains. If another ordinance
is more restrictive than this chapter, that ordinance shall continue
in full force and effect to the extent of the greater restrictions,
but not otherwise.
B.
Abrogation. 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 scientific 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 non-floodplain
areas or permitted floodplain uses will be free from flooding and
flood damages. Nor does this chapter 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 Fond du Lac 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 the 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 location
of floodway.
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 or modified and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods
and practices that minimize flood damages; and be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities designed and/or located so as to prevent
water from entering or accumulating within the components 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.[1]
