Village of Mount Pleasant, WI DIVISION 90-490 Flood Protection

§ 90-490.10 Statutory authorization, findings of fact, statement of purpose, and general provisions.

[Ord. No. 19-2020, 6-8-2020; amended 7-24-2023 by Ord. No. 15-2023; 9-25-2023 by Ord. No. 18-2023[1]]

(a) Statutory authorization. This division is adopted pursuant to the authorization in §§ 61.35 and 62.23, Wis. Stats., for villages; and the requirements in § 87.30, Wis. Stats.

(b) Findings of fact. Uncontrolled development and use of the floodplains and rivers of the Village of Mount Pleasant would impair the public health, safety, convenience, general welfare and tax base.

(c) Statement of purpose. This division is to regulate floodplain development to:

(1) Protect life, health and property;

(2) Minimize expenditures of public funds for flood control projects;

(3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

(4) Minimize business interruptions and other economic disruptions;

(5) Minimize damage to public facilities in the floodplain;

(6) Minimize the occurrence of future flood blight areas in the floodplain;

(7) Discourage the victimization of unwary land and home buyers;

(8) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

(9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

(d) Title. This division shall be known as the "Floodplain Zoning Ordinance for the Village of Mount Pleasant, Wisconsin."

(e) General provisions.

(1) Areas to be regulated. This division regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, VE, V1-30, or V on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this division, where applicable.

(2) Official maps and revisions. Special flood hazard areas (SFHAs) are designated as zones A, A1-30, AE, AH, AO, VE, V1-30, or V on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in § 90-490.10(e)(2)a, Official maps based on the FIS, below. Additional flood hazard areas subject to regulation under this division are identified on maps based on studies approved by the DNR and listed in § 90-490.10 (e)(2)b, Official maps based on other studies, below. These maps and revisions are on file in the office of the Village Clerk, Village Hall, Mount Pleasant, WI.

a. Official maps based on the Flood Insurance Study (FIS).

1. Flood Insurance Rate Map (FIRM) panel numbers 55101C0089D, 55101C0114D, 55101C0202D, 55101C0209D, 55101C0212D, 55101C0216D, 55101C0217D, 55101C0227D, 55101C0228D, 55101C0229D, 55101C0236D and 55101C0237D, dated May 2, 2012.

2. Flood Insurance Rate Map (FIRM) panel numbers 55101C0093E, 55101C0094E, 55101C0113E, 55101C0204E, 55101C0206E, 55101C0207E, 55101C0208E, and 55101C0226E, dated February 1, 2019.

3. Flood Insurance Rate Map (FIRM) panel numbers 55101C0233E and 55101C0241E, dated January 11, 2024.

4. Flood Insurance Study (FIS) volumes 55101CV001C, 55101CV002C, and 55101CV003C for Racine County, dated January 11, 2024.

5. Letter of Map Revision 22-05-0143P-550322, effective June 29, 2023.

Approved by the DNR and FEMA.

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. Flood Storage Map: Racine County and the Incorporated Areas Flood Storage Districts Panel 9, dated January 11, 2024, approved by the DNR.

2. An appendix to the floodplain zoning ordinance: A Lake Michigan Coastal Erosion Management Study for Racine County, Wisconsin; Southeastern Wisconsin Regional Planning Commission Report Number 86. Approved by the DNR and FEMA.

(3) Establishment of floodplain zoning districts. The flood hazard areas regulated by this division are divided into 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, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to § 90-490.50(a)(5), Determining floodway and floodfringe limits.

b. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to § 90-490.50(a)(5), Determining floodway and floodfringe limits, within A Zones shown on the FIRM.

c. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH or AO zones on the FIRM.

d. The Coastal Floodplain District (CFP) is an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms, including areas identified as zone V, V1-30, or VE on the FIRM. Where a riverine AE floodway extends into the CFP District, development within the floodway must comply with the regulations for both the FW and CFP districts. Where a riverine A Zone or AE Zone with no floodway determination abuts the CFP District, the riverine study's floodway limit must be determined based on standard floodway expansion principles within the CFP District and development within the floodway must comply with the standards for both the FW and CFP districts.

e. The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.

(4) Locating floodplain boundaries. Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the Official Floodplain Zoning Map and actual field conditions may be resolved using the criteria in Subsection (e)(4)a and b below. If a significant difference exists, the map shall be amended according to § 90-490.80, 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. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 90-490.70(c)(3), Boundary disputes, and the criteria in Subsection (e)(4)a and b below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 90-490.80, 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, including any boundary of zone A, AO, V1-30, VE, or V, the location of the boundary shall be determined by the map scale.

(5) Removal of lands from floodplain.

a. Compliance with the provisions of this division 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 § 90-490.80, Amendments.

b. The delineation of any of the floodplain districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed letter of map revision is a record of this approval. The Floodplain Administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:

1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation;

2. The fill must be contiguous to land outside the floodplain; applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;

c. Removal of lands from the floodplain may also occur by operation of § 87.30(1)(e), Wis. Stats., if a property owner has obtained a letter of map amendment from the Federal Emergency Management Agency under 44 CFR Part 70.

(6) Compliance.

a. No structure or use within areas regulated by this division shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.

b. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with § 90-490.90, Enforcement and penalties.

c. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with § 90-490.90, Enforcement and penalties.

(7) Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this division 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. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under § 30.2022, Wis. Stats., then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: the applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20 feet span at the same location, the project is exempt from a DNR permit under § 30.123(6)(d), Wis. Stats., the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.

(8) Abrogation and greater restrictions.

a. This division supersedes all the provisions of any municipal zoning ordinance enacted under § 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 division is not intended to repeal, abrogate or impair any existing deed restrictions, covenants, or easements. If this division imposes greater restrictions, the provisions of this division shall prevail.

(9) Interpretation. In their interpretation and application, the provisions of this division 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 division, 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 division or in effect on the date of the most recent text amendment to this division.

(10) Warning and disclaimer of liability. The flood protection standards in this division 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 division does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This division 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 division.

(11) Severability. Should any portion of this division be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected.

(12) Annexed areas for cities and villages. The Racine 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 Parts 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.

[1] Editor's Note: This ordinance amended former Division 90-490, Flood Protection, consisting of §§ 90-490.10 through 90-490.140, in its entirety.

§ 90-490.20 General standards applicable to all floodplain districts.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) Review.

(1) The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law.

a. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:

1. Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. Be constructed with flood-resistant materials;

3. Be constructed by methods and practices that minimize flood damages; and

4. Mechanical and utility equipment must be elevated to or above the flood protection elevation.

b. If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:

1. Such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area;

2. Public utilities and facilities such as sewer, gas, electric, and water systems are located and constructed to minimize or eliminate flood damage; and

3. Adequate drainage is provided to reduce exposure to flood hazards.

(2) 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 division and all other requirements in § 90-490.70(a)(2), Land use permit.

(b) Hydraulic and hydrologic analyses.

(1) No floodplain development shall:

a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or

b. Cause any increase in the regional flood height due to floodplain storage area lost.

(2) The Zoning Administrator shall deny permits if it is determined that the proposed development will obstruct flow or cause any increases in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of § 90-490.80, Amendments, are met.

(c) Watercourse alterations.

(1) No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of § 90-490.20(b), Hydraulic and hydrologic analyses, must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.

(2) As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to § 90-490.80, Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.

(d) Chapter 30, 31, Wis. Stats., development. Development which requires a permit from the Department under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to § 90-490.80, Amendments.

(e) Public or private campgrounds. Public or private campgrounds shall have low flood damage potential and shall meet the following provisions:

(1) The campground is approved by the Department of Agriculture, Trade and Consumer Protection;

(2) A land use permit for the campground is issued by the Zoning Administrator;

(3) The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;

(4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or Zoning Administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

(5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in Subsection (e)(4) to remain in compliance with all applicable regulations, including those of the State Department of Agriculture, Trade, and Consumer Protection and all other applicable regulations;

(6) Mobile recreational vehicles.

a. All mobile recreational vehicles placed on-site must meet one of the following:

1. Be fully licensed, if required, and ready for highway use; or

2. Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or

3. Meet the requirements in either § 90-490.30, Floodway District (FW), § 90-490.40, Floodfringe District (FF), § 90-490.50(a), General Floodplain District (GFP), or § 90-490.50(c), Coastal Floodplain District (CFD), for the floodplain district in which the structure is located;

b. A mobile recreation vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions;

(7) All camping units that remain on-site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with § 90-490.20(e), Public or private campgrounds, and shall ensure compliance with all the provisions of this section;

(8) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

(9) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and

(10) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and

(11) Standards for structures in a campground.

a. All structures must comply with § 90-490.20(e), Public or private campgrounds, or meet the applicable requirements in § 90-490.30, Floodway District (FW), § 90-490.40, Floodfringe District (FF), § 90-490.50(a), General Floodplain District (GFP), or § 90-490.50(c), Coastal Floodplain District (CFD), for the floodplain district in which the structure is located.

b. Deck/landing. A portable landing may be allowed for a camping unit for each entry, provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with § 90-490.20(e) Public or private campgrounds. Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

c. Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards.

d. Camping equipment and appurtenant equipment in the campground may be allowed, provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with § 90-490.20(e), Public or private campgrounds.

e. Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with § 90-490.20(e), Public or private campgrounds.

(12) A land use permit shall be obtained as provided under § 90-490.70(a)(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

§ 90-490.30 Floodway District (FW).

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) Applicability. This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits.

(b) Permitted uses. 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 § 90-490.30(c), Standards for developments in floodway areas, and § 90-490.30(d), Prohibited uses; and all permits or certificates have been issued according to § 90-490.70(a), Zoning Administrator.

(1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

(2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

(3) 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 § 90-490.30(c)(4), Fills or deposition of materials.

(4) Uses or structures accessory to open space uses or classified as historic structures that comply with § 90-490.30(c), Standards for developments in floodway areas, and § 90-490.30(d), Prohibited uses.

(5) Extraction of sand, gravel or other materials that complies with § 90-490.30(c)(4), Fills or deposition of materials.

(6) 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 Chs. 30 and 31, Wis. Stats.

(7) Public utilities, streets and bridges that comply with § 90-490.30(c)(4), Fills or deposition of materials.

(8) 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. SPS 383, Wis. Adm. Code.

(9) Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.

(10) Wastewater treatment ponds or facilities permitted under § NR 110.15(3)(b), Wis. Adm. Code.

(11) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.

(c) Standards for developments in floodway areas.

(1) General.

a. Any development in floodway shall comply with § 90-490.20, General standards applicable to all floodplain districts, and have low flood damage potential.

b. Applicants shall provide an analysis calculating the effects of the proposal on the regional flood height to determine the effects of the proposal according to § 90-490.20(b), Hydraulic and hydrologic analyses, and § 90-490.70(a)(2), Land use permit. The analysis must be completed by a registered professional engineer in the State of Wisconsin.

c. Any encroachment in the regulatory floodway is prohibited unless the data submitted for Subsection (c)(1)b demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in § 90-490.10(e)(5), Removal of lands from floodplain.

(2) Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

a. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;

b. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards:

1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;

2. Have structural components capable of meeting all provisions of § 90-490.30(c)(2), Structures; and

3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency floodproofing certificate, that the design and methods of construction are in accordance with § 90-490.30(c)(2), Structures;

c. It must be anchored to resist flotation, collapse, and lateral movement;

d. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and

e. Must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.

f. For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets § 90-490.30(c)(2), Structures, and meets or exceeds the following standards:

1. The lowest floor must be elevated to or above the regional flood elevation;

2. 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 subject to flooding;

3. The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open;

4. The use must be limited to parking, building access or limited storage.

g. Certification. Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;

2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of floodwaters in such systems and must be in accordance with provisions in § 90-490.30(d), Prohibited uses;

3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floods;

4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and

5. Placement of utilities to or above the flood protection elevation.

(3) Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:

a. Adequate floodproofing measures are provided to the flood protection elevation; and

b. Construction meets the development standards of § 90-490.20, General standards applicable to all floodplain districts.

(4) Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

a. The standards of § 90-490.20(b), Hydraulic and hydrologic analyses, are met;

b. No material is deposited in the navigable waters unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and the other requirements have been met;

c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

d. The fill is not classified as a solid or hazardous material.

(d) Prohibited uses. All uses not listed as permitted uses in § 90-490.30(b), Permitted uses, of this section are prohibited, including the following uses:

(1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

(2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

(3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

(4) 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. SPS 383, Wis. Adm. Code;

(5) 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;

(6) Any solid or hazardous waste disposal sites;

(7) Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code;

(8) 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.

§ 90-490.40 Floodfringe District (FF).

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) Applicability. This section applies to all floodfringe areas shown on the Floodplain Zoning Maps and those identified pursuant to § 90-490.50(a)(5).

(b) Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in § 90-490.40(c), Standards for development in the floodfringe, are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in § 90-490.70(a), Zoning Administrator, have been issued.

(c) Standards for development in the floodfringe. Section 90-490.20 General Standards Applicable to all Floodplain Districts shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of § 90-490.60, Nonconforming uses.

(1) Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of § 90-490.60, Nonconforming uses.

a. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the elevation of the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the Floodfringe District unless it can be shown to meet § 90-490.10(e)(5), Removal of lands from floodplain.

b. Notwithstanding § 90-490.40(c), Standards for development in the floodfringe, a basement or crawlway floor may be placed one foot above the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation.

c. Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection (c)(1)d.

d. In developments where existing street or sewer line elevations make compliance with Subsection (c)(1)c impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:

1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or

2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines.

(2) Accessory structures or uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, new construction and substantial improvements of accessory structures shall be constructed on fill with its lowest floor at or above the regional flood elevation.

(3) Commercial uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the residential development requirements of § 90-490.40(c)(1), Residential uses. Subject to the requirements of § 90-490.40(c)(5), Storage of materials, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(4) Manufacturing and industrial uses. In addition to § 90-490.20, General standards applicable to all floodplain districts, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in § 90-490.70(e), Floodproofing standards. Subject to the requirements of § 90-490.40(c)(5), Storage of materials, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

(5) Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with § 90-490.70(e), Floodproofing standards. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

(6) Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and

a. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are designed to comply with § 90-490.70(e), Floodproofing standards.

b. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.

(7) Sewage systems. All on-site sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to § 90-490.70(e), Floodproofing standards, to the flood protection elevation and shall meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.

(8) Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to § 90-490.70(e), Floodproofing standards, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.

(9) Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

(10) Deposition of materials. Any deposited material must meet all the provisions of this division.

(11) Manufactured homes.

a. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.

b. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:

1. Have the lowest floor elevated to the flood protection elevation; and

2. Be anchored so they do not float, collapse or move laterally during a flood.

c. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for floodfringe area in § 90-490.40(c)(1), Residential uses.

(12) Mobile recreational vehicles.

a. All mobile recreational vehicles must be on-site for less than 180 consecutive days and be either:

1. Fully licensed and ready for highway use; or

2. Shall meet the elevation and anchoring requirements in § 90-490.40(c)(11), Manufactured homes.

b. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.

§ 90-490.50 Other floodplain districts.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) General Floodplain District (GFP).

(1) Applicability. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in § 90-490.10(e)(2)a, Official maps based on the Flood Insurance Study (FIS).

(2) Floodway boundaries. For proposed development in Zone A, or in Zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in § 90-490.10(e)(2)a, Official maps based on the Flood Insurance Study (FIS), the boundaries of the regulatory floodway shall be determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits. If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of § 90-490.30, Floodway District (FW). If the development is located entirely within the floodfringe, the development is subject to the standards of § 90-490.40, Floodfringe District (FF).

(3) Permitted uses. Pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits, it shall be determined whether the proposed use is located within a floodway or floodfringe. Those uses permitted in floodway [§ 90-490.30(b), Permitted uses] and floodfringe [§ 90-490.40(b), Permitted uses] districts are allowed within the General Floodplain District, according to the standards of § 90-490.50(a)(4), Standards for development in the General Floodplain District, provided that all permits or certificates required under § 90-490.70(a), Zoning Administrator, have been issued.

(4) Standards for development in the General Floodplain District. Section 90-490.30, Floodway District (FW), applies to floodway areas, determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits; § 90-490.40, Floodfringe District (FF), applies to floodfringe areas, determined pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits.

a. New construction and substantial improvement of structures in Zone AO shall have the lowest floor, including basement, elevated:

1. To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade plus one additional foot of freeboard; or

2. If the depth is not specified on the FIRM, three feet above the highest adjacent natural grade.

b. New construction and substantial improvement of structures in Zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

c. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.

d. All development in Zones AO and Zone AH shall meet the requirements of § 90-490.40, Floodfringe District (FF), applicable to floodfringe areas.

(5) Determining floodway and floodfringe limits. Upon receiving an application for development within Zone A, or within Zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the Zoning Administrator shall:

a. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures and the flood zone as shown on the FIRM.

b. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries:

1. A hydrologic and hydraulic study as specified in § 90-490.70(a)(2), Land use permit.

2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information.

3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.

(b) Flood storage district. The Flood Storage District delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.

(1) Applicability. The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the Official Floodplain Zoning Maps.

(2) Permitted uses. Any use or development which occurs in a Flood Storage District must meet the applicable development standards in § 90-490.40(c), Standards for development in the floodfringe.

(3) Standards for development in Flood Storage Districts.

a. Development in a Flood Storage District shall not cause an increase equal to or greater than 0.00 of a foot in the height of the regional flood.

b. No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the predevelopment ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage.

c. If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as Flood Storage District - on this waterway - is rezoned to the Floodfringe District. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per § 90-490.80, Amendments, of this division.

d. No area may be removed from the Flood Storage District unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain.

(c) Coastal Floodplain District (CFD).

(1) Applicability. The provisions of this section apply to all Coastal Floodplain Districts (CFD) shown on the Floodplain Zoning Maps, which includes zones V, V1-30, and VE. Where a floodway shown on the Floodplain Zoning Maps, or a floodway determined as explained in § 90-490.10(e)(4), Locating floodplain boundaries, or a regulatory floodway identified pursuant to § 90-490.50(a)(5), Determining floodway and floodfringe limits, extends into a Coastal Floodplain District, development shall comply with the standards of § 90-490.30, Floodway District (FW), and § 90-490.50(c), Coastal Floodplain District (CFD).

(2) Standards for development in the Coastal Floodplain District. Development in the CFD District shall meet the requirements of § 90-490.20, as well as the following:

a. New construction shall be located landward of the ordinary high-water mark.

b. Bulkheads, seawalls, revetments, and other erosion control measures shall not be connected to the foundation or superstructure of a building and shall be designed and constructed so as not to direct floodwaters or increase flood forces or erosion impacts on the foundation or superstructure of any building.

c. Man-made alterations of sand dunes are prohibited unless an engineering report documents that the alterations will not increase potential flood damage by reducing the wave and flow dissipation characteristics of the sand dunes.

d. The use of fill for structural support of buildings is prohibited.

1. Nonstructural fill shall be permitted only if an engineering report demonstrates that the fill will not cause runup, ramping, or deflection of floodwaters that cause damage to buildings.

e. New construction and substantial improvement of buildings shall be elevated, consistent with § SPS 321.34, Wis. Adm. Code, on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the FPE.

1. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or other equivalent standard.

2. A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of § 90-490.50(c)(2), Standards for development in the Coastal Floodplain District.

f. New construction and substantial improvement of buildings shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

1. For the purpose of § 90-490.50(c)(2), Standards for development in the Coastal Floodplain District, a breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot.

2. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or where so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet all of the following conditions:

i. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

ii. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or equivalent standard.

3. All space enclosed by breakaway walls, open wood latticework, or insect screening below the lowest floor shall be used solely for parking, building access, or storage.

g. Require within flood-prone areas:

1. New and replacement water supply systems to be designed to minimize or eliminate infiltration of floodwaters into the systems; and

2. New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.

h. Mobile recreational vehicles.

1. All mobile recreation vehicles must be on-site for less than 180 consecutive days and be either:

i. Fully licensed and ready for highway use; or

ii. Shall meet the standards of § 90-490.50(c)(2), Standards for development in the Coastal Floodplain District.

2. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions.

i. Manufactured homes placed or substantially improved within the Coastal Floodplain District shall meet the standards of § 90-490.50(c)(2), Standards for development in the Coastal Floodplain District.

§ 90-490.60 Nonconforming uses.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) General.

(1) Applicability.

a. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with § 87.30, Wis. Stats. and §§ NR 116.12-116.14, Wis. Adm. Code, and 44 CFR Parts 59-72, these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this division or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created.

b. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.

(2) Conditions. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this division may continue subject to the following conditions:

a. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this division. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; these include painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

b. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this division.

c. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.

d. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 90-490.40(c)(1), Residential uses. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per-event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.

e. No maintenance on a per-event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 90-490.40(c)(1), Residential uses. Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per-event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations.

f. If on a per-event basis the total value of the work being done under Subsection (a)(2)d and e equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this division. Contiguous dry land access must be provided for residential and commercial uses in compliance with § 90-490.40(c)(1), Residential uses.

g. Except as provided in Subsection (a)(2)h, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure's present equalized assessed value.

h. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming residential structure shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction:

1. Residential structures:

i. Shall have the lowest floor, including basement, elevated one foot above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of § 90-490.70(e), Floodproofing standards.

ii. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

iii. Shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

iv. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.

v. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 90-490.50(a)(4), Standards for development in the General Floodplain District.

vi. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

2. Nonresidential structures:

i. Shall meet the requirements of § 90-490.60(a)(2), Conditions.

ii. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in § 90-490.70(e), Floodproofing standards.

iii. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in § 90-490.50(a)(4), Standards for development in the General Floodplain District.

3. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with § 90-490.30(c)(1), General, flood-resistant materials are used, and construction practices and floodproofing methods that comply with § 90-490.70(e), Floodproofing standards, are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of § 90-490.60(a)(2), Conditions, if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.

(b) Floodway District.

(1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:

a. Has been granted a permit or variance which meets all ordinance requirements;

b. Meets the general requirements of § 90-490.60(a), General;

c. Shall not increase the obstruction to flood flows or regional flood height;

d. Any addition to the existing structure shall be floodproofed, pursuant to § 90-490.70(e), Floodproofing standards, by means other than the use of fill, to the flood protection elevation; and

e. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:

1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

4. The use must be limited to parking, building access or limited storage.

f. No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, § 90-490.70(e), Floodproofing standards, and Ch. SPS 383, Wis. Adm. Code.

g. No new well or modification to an existing well used to obtain potable water shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of all Village of Mount Pleasant ordinances, § 90-490.70.(e) Floodproofing Standards, and Chs. NR 811 and NR 812, Wis. Adm. Code.

(c) Floodfringe District.

(1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of § 90-490.40(c), Standards for development in the floodfringe, except where Subsection (c)(2) is applicable.

(2) Where compliance with the provisions of Subsection (c)(1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in § 90-490.70(c), Board of Appeals, may grant a variance from those provisions of Subsection (c)(1) for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

a. No floor is allowed below the regional flood elevation for residential or commercial structures;

b. Human lives are not endangered;

c. Public facilities, such as water or sewer, will not be installed;

d. Flood depths will not exceed two feet;

e. Flood velocities will not exceed two feet per second; and

f. The structure will not be used for storage of materials as described in the floodfringe area development standards of § 90-490.40(c)(5), Storage of materials.

(3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system, shall meet all the applicable provisions of all local ordinances, § 90-490.70(e), Floodproofing standards, and Ch. SPS 383, Wis. Adm. Code.

(4) All new wells, or addition to, replacement, repair or maintenance of a well, shall meet the applicable provisions of the ordinance, § 90-490.70(e), Floodproofing standards, and Chs. NR 811 and NR 812, Wis. Adm. Code.

(d) Flood Storage Districts. No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in § 90-490.50(b) Flood Storage District, are met.

(e) Coastal Floodplain District (CFD).

(1) New construction and substantial improvement shall meet the standards of § 90-490.50(c), Coastal Floodplain District (CFD).

(2) No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire building is permanently changed to conform with the standards prescribed in § 90-490.50(c), Coastal Floodplain District (CFD).

§ 90-490.70 Administration.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

Where a Zoning Administrator, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under §§ 59.69, 59.692 or 62.23(7), Wis. Stats., these officials shall also administer this division.

(a) Zoning Administrator.

(1) Duties and powers. The Zoning Administrator is authorized to administer this division and shall have the following duties and powers:

a. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.

b. Issue permits and inspect properties for compliance with provisions of this division and issue certificates of compliance where appropriate.

c. Inspect all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred.

d. Keep records of all official actions such as:

1. All permits issued, inspections made, and work approved.

2. Documentation of certified lowest floor and regional flood elevations.

3. Floodproofing certificates.

4. Water surface profiles, Floodplain Zoning Maps and ordinances, nonconforming uses and structures, including changes, appeals, variances and amendments.

5. All substantial damage assessment reports for floodplain structures.

6. List of nonconforming structures and uses.

7. In the Coastal Floodplain District, documentation of the certified elevation of the bottom of the lowest horizontal structural member of new construction and substantial improvements.

8. In the Coastal Floodplain District, certification by a licensed professional engineer or architect where required for new construction and substantial improvement under § 90-490.50(c), Coastal Floodplain District (CFD).

e. Submit copies of the following items to the Department regional office:

1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.

2. Copies of any case-by-case analyses, and any other required information.

3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.

4. Investigate, prepare reports, and report violations of this division to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department regional office.

5. Submit copies of amendments to the FEMA regional office.

(2) Land use permit. A land use permit shall be obtained before any new development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:

a. General information.

1. Name and address of the applicant, property owner and contractor.

2. Legal description, proposed use, and whether it is new construction or a modification.

b. Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:

1. Location, dimensions, area and elevation of the lot;

2. Location of the ordinary high-water mark of any abutting navigable waterways;

3. Location of any structures with distances measured from the lot lines and street center lines;

4. Location of any existing or proposed on-site sewage systems or private water supply systems;

5. Location and elevation of existing or future access roads;

6. Location of floodplain and floodway limits as determined from the Official Floodplain Zoning Maps;

7. The elevation of the lowest floor of proposed buildings and any fill using vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);

8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of § 90-490.30, Floodway District (FW), or § 90-490.40, Floodfringe District (FF), are met; and

9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to the hydraulic and hydrologic standards of § 90-490.20, General standards applicable to all floodplain districts. This may include any of the general information noted in § 90-490.30, Floodway District (FW).

c. 

Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.

[i] Zone A floodplains and in AE Zones within which a floodway is not delineated:

i. Hydrology. The appropriate method shall be based on the standards in § NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

ii. Hydraulic modeling. The regional flood elevation shall be based on the standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis: Determination of Regional Flood Elevation, and the following:

[i] Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.

[ii] Channel sections must be surveyed.

[iii] Minimum four-foot contour data in the overbanks shall be used for the development of cross-section overbank and floodplain mapping.

[iv] A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope, including a survey of the channel at each location.

[v] The most current version of HEC RAS shall be used.

[vi] A survey of bridge and culvert openings and the top of road is required at each structure.

[vii] Additional cross sections are required at the down-stream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

[viii] Standard accepted engineering practices shall be used when assigning parameters for the base model, such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.

[ix] The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.

iii. Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.

[i] If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.

[ii] If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.

[ii] Zone AE floodplains.

i. Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on § NR 116.07(3), Wis. Adm. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.

ii. Hydraulic modeling. The regional flood elevation shall be based on the standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic Analysis: Determination of Regional Flood Elevation, and the following:

[i] Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.

[ii] Corrected effective model. The corrected effective model shall not include any man-made physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review.

[iii] Existing (pre-project conditions) model. The existing model shall be required to support conclusions about the actual impacts of the project associated with the revised (post-project) model or to establish more up-to-date models on which to base the revised (post-project) model.

[iv] Revised (post-project conditions) model. The revised (post-project conditions) model shall incorporate the existing model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.

[v] All changes to the duplicate effective model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

[vi] Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The effective model shall not be truncated.

iii. Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:

[i] Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.

[ii] Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.

[iii] Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries.

[iv] If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.

[v] The revised floodplain boundaries shall the into the effective floodplain boundaries.

[vi] All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.

[vii] Both the current and proposed floodways shall be shown on the map.

[viii] The stream center line or profile baseline used to measure stream distances in the model shall be visible on the map.

iv. Expiration. All permits issued under the authority of this division shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date.

(3) Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions:

a. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this division.

b. Application for such certificate shall be concurrent with the application for a permit.

c. If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed.

d. The applicant shall submit a certification signed by a registered professional engineer, registered architect or registered land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of § 90-490.70(e), Floodproofing standards, are met.

e. Where applicable pursuant to § 90-490.50(a)(4), Standards for development in the General Floodplain District, the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement.

f. Where applicable pursuant to § 90-490.50(a)(4), Standards for development in the General Floodplain District, the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by § 90-490.50(a)(4), Standards for development in the General Floodplain District.

(4) Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

(b) Zoning agency.

(1) The Village of Mount Pleasant Plan Commission shall:

a. Oversee the functions of the office of the Zoning Administrator; and

b. Review and advise the Village Board on all proposed amendments to this division, maps and text.

c. Publish adequate notice pursuant to Ch. 985, Wis. Stats., specifying the date, time, place, and subject of the public hearing.

(2) The Plan Commission shall not:

a. Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or

b. Amend the text or zoning maps in place of official action by the governing body.

(c) Board of appeals. The Board of Appeals, created under § 62.23(7)(e), Wis. Stats., for villages, is hereby authorized or shall be appointed to act for the purposes of this division. The Zoning Board of Appeals shall adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Board.

(1) Powers and duties. The Board of Appeals shall:

a. Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this division;

b. Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the Official Floodplain Zoning Map; and

c. Variances. Hear and decide, upon appeal, variances from the ordinance standards.

(2) Appeals to the Board.

a. Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days, unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Zoning Board of Appeals all records regarding the matter appealed.

b. Notice and hearing for appeals including variances.

1. Notice. The Board shall:

i. Fix a reasonable time for the hearing;

ii. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and

iii. Assure that notice shall be mailed to the parties in interest and the Department regional office at least 10 days in advance of the hearing.

2. Hearing. Any party may appear in person or by agent. The Board shall:

i. Resolve boundary disputes according to § 90-490.70(c)(3), Boundary disputes.

ii. Decide variance applications according to § 90-490.70(c)(4), Variance.

iii. Decide appeals of permit denials according to § 90-490.70(d) To review appeals of permit denials.

c. Decision. The final decision regarding the appeal or variance application shall:

1. Be made within a reasonable time;

2. Be sent to the Department regional office within 10 days of the decision;

3. Be a written determination signed by the chairman or secretary of the Board;

4. State the specific facts which are the basis for the Board's decision;

5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and

6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.

(3) Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary;

b. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and

c. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to § 90-490.80, Amendments.

(4) Variance.

a. The Board may, upon appeal, grant a variance from the standards of this division if an applicant convincingly demonstrates that:

1. Literal enforcement of the ordinance provisions will cause an unnecessary hardship;

2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;

3. The variance is not contrary to the public interest; and

4. The variance is consistent with the purpose of this division in § 90-490.10(c), Statement of purpose.

b. In addition to the criteria in Subsection (c)(4)a, to qualify for a variance under FEMA regulations, the following criteria must be met:

1. The variance may not cause any increase in the regional flood elevation;

2. The applicant has shown good and sufficient cause for issuance of the variance;

3. Failure to grant the variance would result in exceptional hardship;

4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.

c. A variance shall not:

1. Grant, extend or increase any use prohibited in the zoning district;

2. Be granted for a hardship based solely on an economic gain or loss;

3. Be granted for a hardship which is self-created;

4. Damage the rights or property values of other persons in the area;

5. Allow actions without the amendments to this division or map(s) required in § 90-490.80, Amendments; and

6. Allow any alteration of a historic structure, including its use, which would preclude its continued designation as a historic structure.

d. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.

(d) To review appeals of permit denials.

(1) The zoning agency [§ 90-490.70(b), Zoning Agency] or board shall review all data related to the appeal. This may include:

a. Permit application data listed in § 90-490.70(a)(2), Land use permit;

b. Floodway/floodfringe determination data in § 90-490.50(a)(5), Determining floodway and floodfringe limits;

c. Data listed in § 90-490.30(c)(1), General, where the applicant has not submitted this information to the Zoning Administrator; and

d. Other data submitted with the application or submitted to the Board with the appeal.

(2) For appeals of all denied permits the Board shall:

a. Follow the procedures of § 90-490.70(c), Board of Appeals;

b. Consider zoning agency recommendations; and

c. Either uphold the denial or grant the appeal.

(3) For appeals concerning increases in regional flood elevation the Board shall:

a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of § 90-490.80, Amendments; and

b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.

(e) Floodproofing standards.

(1) No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in § 90-490.20, General standards applicable to all floodplain districts, § 90-490.30, Floodway District (FW), § 90-490.40, Floodfringe District (FF), § 90-490.50(a), General Floodplain District (GFP), or § 90-490.50(c), Coastal Floodplain District (CFD).

(2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan that either:

a. Is certified by a professional engineer or architect; or

b. Meets or exceeds the following standards:

1. A minimum of two openings having a total area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade; and

3. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

(3) Floodproofing measures shall be designed, as appropriate, to:

a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;

b. Protect structures to the flood protection elevation;

c. Anchor structures to foundations to resist flotation and lateral movement;

d. Minimize or eliminate infiltration of floodwaters;

e. Minimize or eliminate discharges into floodwaters;

f. Place essential utilities above the flood protection elevation; and

g. If any part of the foundation below the flood protection elevation is enclosed, the following standards apply:

1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;

2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;

3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and

4. The use must be limited to parking, building access or limited storage.

(f) Public information.

(1) Place marks on structures to show the depth of inundation during the regional flood.

(2) All maps, engineering data and regulations shall be available and widely distributed.

(3) Real estate transfers should show what floodplain district any real property is in.

§ 90-490.80 Amendments.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

(a) Obstructions or increases may only be permitted if amendments are made to this division, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 90-490.80(b), General.

(1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the Official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 90-490.80(b), General. Any such alterations must be reviewed and approved by FEMA and DNR.

(2) In A Zones increases equal to or greater than one foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the Official Floodplain Maps, floodway lines, and water surface profiles, in accordance with § 90-490.80(b), General.

(b) General. The governing body shall change or supplement the floodplain zoning district boundaries and this division in the manner outlined in § 90-490.80(c) Procedures. Actions which require an amendment to the chapter and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:

(1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

(2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

(3) Any changes to any other officially adopted floodplain maps listed in § 90-490.10(e)(2)b, Official maps based on other studies;

(4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;

(5) Correction of discrepancies between the water surface profiles and flood-plain maps;

(6) Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and

(7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

(c) Procedures. Ordinance amendments may be made upon petition of any interested party in accordance with the provisions of § 62.23, Wis. Stats., for villages. The petitions shall include all necessary data required by § 90-490.50(a)(5), Determining floodway and floodfringe limits, and § 90-490.70(a)(2), Land use permit.

(1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats., for villages.

(2) No amendments shall become effective until reviewed and approved by the Department.

(3) All persons petitioning for a map amendment that obstructs flow shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

§ 90-490.90 Enforcement and penalties.

[Ord. No. 19-2020, 6-8-2020; amended 9-25-2023 by Ord. No. 18-2023]

Any violation of the provisions of this division by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this division is a public nuisance and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Wis. Stats.