Any development, as defined in §
152-39, in floodplains and shoreland-wetlands shall be in full compliance with the terms of this chapter. (However, see Article
V of this chapter for the standards applicable to nonconforming uses.) It is the responsibility of the applicant to secure all other necessary permits from appropriate federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. § 1344.
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.
This chapter supersedes all the provisions of any municipal
zoning ordinance enacted under § 62.23 for cities or § 61.35
for villages or § 87.30, Wis. Stats., which relate to shoreland-wetlands
and floodplains, except if another municipal zoning ordinance is more
restrictive than the provisions contained in this chapter, that ordinance
shall continue in full force and effect to the extent of the greater
restrictions, but not otherwise. The more restrictive of the Shoreland-Wetland
District or Floodplain District regulations shall apply when a property
is located in both zoning districts. This chapter is not intended
to repeal, abrogate or impair any existing deed restrictions, covenants
or easements. However, if this chapter is more restrictive, the provisions
of this chapter shall prevail.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the municipality and shall not be deemed a limitation
or repeal of any other powers granted by the Wisconsin Statutes. Where
a provision of this chapter is required by a standard in Chs. NR 116
or NR 117, Wis. Adm. Code, and where the chapter provision is unclear,
the provision shall be interpreted according to the standards in effect
in Chs. NR 116 or NR 117 on the date of the adoption of this chapter
or in effect on the date of the most recent text amendment to this
chapter.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this chapter
shall not be affected.
The degree of flood protection this chapter provides is reasonable
for regulatory purposes and is based on engineering experience and
scientific study. Larger floods may occur or the flood height may
be increased by man-made or natural causes such as ice jams or bridge
openings restricted by debris. Therefore, this chapter does not imply
that areas outside of the delineated floodplain or permitted land
uses within the floodplain will be totally free from flooding and
associated 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 maps designated below are hereby adopted and made part of
this chapter. The boundaries of the floodplain districts, including
the Floodway, Floodfringe, and other floodplain districts are those
areas designated as floodplains or A-Zones on the maps listed below
and the revisions in the Village of Browntown Floodplain Appendix
at the end of this chapter. These Official Maps and revisions are on file in the office
of the Village Hall, Browntown. If more than one map or revision is
referenced, the most current approved information shall apply.
A. Floodplain Zoning Maps titled Flood Insurance Rate Map dated October
16, 1984, and Flood Boundary and Floodway Map dated October 16, 1984,
including the Flood Insurance Study and corresponding profiles from
Federal Emergency Management Agency (FEMA) dated April 16, 1984. Approved
by the Department of Natural Resources and the Federal Emergeny Management
Agency.
B. United States Geological Survey Quadrangle Maps titled Browntown
Quadrangle (most recent revision).
C. Wisconsin Wetland Inventory maps stamped "FINAL" on May 13, 1994.
D. Village of Browntown Zoning Map dated March 1981.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The zoning of annexed lands shall comply with the provisions
of §§ 59.69(7) and 59.692, Wis. Stats. Annexed lands
are designated on the municipality's Official Zoning Map. The Green
County shoreland and floodplain zoning provisions are incorporated
by reference for administering this section and are on file in the
office of the municipal zoning administrator.
A. Annexed floodplains. The Green County floodplain zoning provisions
in effect on the date of annexation shall remain in effect and shall
be enforced by the municipality for all areas annexed by the municipality
until the municipality adopts and enforces an ordinance which meets
the requirements of Ch. NR 116, Wis. Adm. Code.
B. Annexed shorelands. The Green County shoreland zoning provisions
in effect on the date of annexation remain in effect administered
by the municipality for all shoreland areas annexed by the municipality
after May 7, 1982, unless any of the changes allowed under § 59.692,
Wis. Stats., as amended by 1993 Wis. Act 329, occurs.