This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to § 5.4.
The following open space uses are allowed in the Floodway District and the floodway areas of the General floodplain district, if: they are not prohibited by any other ordinance; they meet the standards in § 3.3 and 3.4; and all permits or certificates have been issued according to § 7.1:
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 3.3(4).
Uses or structures accessory to open space uses, or classified as historic structures that comply with §§ 3.3 and 3.4.
Extraction of sand, gravel or other materials that comply with § 3.3(4).
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chapters 30 and 31, Wis. Stats.
Public utilities, streets and bridges that comply with § 3.3(3).
Any development in the floodway shall comply with Article II and have a low flood damage potential.
Applicants shall provide the following data to determine the effects of the proposal according to § 2.1:
The Zoning Director shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream based on the data submitted for Subdivision (b) above.
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Must be anchored to resist flotation, collapse, and lateral movement;
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if:
The requirements of § 2.1 are met;
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and all other requirements have been met;
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
The fill is not classified as a solid or hazardous material.
All uses not listed as permitted uses in § 3.2 are prohibited, including the following uses:
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. COMM 83, Wis. Adm. Code;
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
Any solid or hazardous waste disposal sites;
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.