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 §§ 477-12 and 477-13; and all permits or certificates have been issued according to § 477-24.
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 § 477-12D.
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.
The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for Subsection A(2) above.
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:
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;
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 § 477-12B(7).
For a structure designated to allow the automatic entry of floodwaters
below the regional flood elevation, the applicant shall submit a plan
that meets or exceeds the following standards:
There shall be a minimum of two openings having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding;
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 they
must remain open.
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:
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 § 477-13A(4) and (5);
No material is deposited in navigable waters unless a permit is issued
by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant
to § 404 of the Federal Water Pollution Control Act, Amendments
of 1972, 33 U.S.C. 1344, has been issued, if applicable, and all other
requirements have been met;
Storing materials that are buoyant, flammable, explosive, or injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
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;
Any public or private wells which are used to obtain potable water,
except those for recreational areas that meet the requirements of
local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
Any 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.