A.
Statutory authorization. This chapter is adopted pursuant to the
authorization in §§ 59.69, 59.692, 59.694, 87.30 and
281.31, Wis. Stats.
B.
Finding of fact. Uncontrolled use of the shorelands, damage to wetlands,
and uncontrolled development and use of the floodplains, lakes, ponds,
flowages, rivers or streams of Washington County and pollution of
the navigable waters and all land within the shorelands, wetlands,
and floodplains of Washington County would adversely affect the public
health, safety, convenience, and general welfare and impair its tax
base. The Legislature of Wisconsin has delegated responsibility to
the counties to further the maintenance of safe and healthful conditions;
prevent and control water pollution; protect spawning grounds, fish
and aquatic life; control building sites to preserve shore cover and
natural beauty; and to provide sound floodplain management and regulations
for all floodplains within unincorporated areas of the County. This
responsibility is hereby acknowledged by Washington County, Wisconsin.
C.
Statement of purpose. For the purpose of promoting the public health,
safety, convenience, welfare and to provide a uniform basis for the
preparation, implementation and administration of sound shoreland,
wetland, and floodplain regulations for all unincorporated areas of
the County, this chapter has been established to:
(1)
Further the maintenance of safe and healthful conditions and prevent
and control water pollution by:
(a)
Limiting structures to those areas where soil and geological
conditions will provide a safe foundation.
(b)
Establishing minimum lot sizes to provide adequate area for
private on-site wastewater treatment systems.
(c)
Controlling filling, grading and excavating to prevent serious
soil erosion problems.
(d)
Maintaining the storm and floodwater storage capacity of wetlands
and floodplains.
(e)
Preventing and controlling water pollution by preserving wetlands
which filter or store sediments and human-influenced pollutants that
would otherwise drain into waters of the state.
(f)
Preserving and enhancing water quality.
(g)
Limiting impervious surfaces to control runoff which carries
pollutants.
(3)
Control structure sites, placement of structures and land uses by:
(a)
Separating conflicting land uses.
(b)
Prohibiting certain uses detrimental to the shoreland, wetland,
and floodplain areas.
(c)
Protecting natural-resource-based recreational opportunities.
(d)
Setting minimum lot sizes and widths.
(e)
Regulating minimum structure setbacks from waterways.
(f)
Using mitigation techniques to limit impacts of structure placement.
(g)
Establishing maximum height of near-shore structures.
(4)
Preserve and restore shoreland vegetation and natural beauty by:
(5)
Protect life, health and property.
(6)
Minimize expenditures of public monies for costly flood-control projects.
(7)
Minimize rescue and relief efforts, generally undertaken at the expense
of the taxpaying public.
(8)
Minimize business interruptions which usually result in the loss
of local incomes.
(9)
Minimize damage to public facilities in the floodplains, such as
water mains, sewer lines, streets and bridges.
(10)
Minimize the occurrence of future flood blight areas in floodplains.
(11)
Discourage the victimization of unwary land and home buyers.
(12)
Prevent increases in regional flood heights which could increase
damage during floods and which may result in conflicts or litigation
between property owners.
(13)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
D.
Compliance. The use or development of any land or water, the size,
shape and placement of lots, the use, size, type and location of structures
on lots, the installation and maintenance of water supply, private
on-site wastewater treatment systems and waste disposal facilities,
the filling, grading, lagooning, and dredging of any lands, the cutting
of shoreland vegetation, the subdivision of lots, a change in the
use of any land or water, and the use, change of use, construction,
reconstruction, remodeling or expansion of any structure within the
areas to be regulated by this chapter shall be in full compliance
with the terms of this chapter and other applicable local, state or
federal regulations. Signs, structures, and other development shall
require a County permit unless otherwise expressly excluded by a provision
of this chapter. Property owners, builders and contractors are responsible
for compliance with the terms of this chapter.
E.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages and towns, are required to comply
with this chapter and obtain all necessary County permits. State agencies
are required to comply when § 13.48(13), Wis. Stats., applies.
The construction, reconstruction, maintenance and repair of state
highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.2022(1), 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.
[Amended 1-12-2022 by Ord. No. 2021-9]
F.
Abrogation and greater restrictions. The provisions of this chapter
supersede all the provisions of any County general zoning ordinance
adopted under §§ 59.69, 59.692, 59.694 and 87.30,
Wis. Stats., which relate to shorelands, wetlands, and floodplains.
A more restrictive ordinance shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise.
[Amended 1-12-2022 by Ord. No. 2021-9]
(1)
This chapter shall not require approval or be subject to disapproval
by any town, city, village, council or board.
(2)
Where a city, town, village or County zoning ordinance relating to
shorelands is more restrictive than the provisions contained in this
chapter, or any amendments thereto, and predates the effective date
of this chapter, that ordinance shall continue in full force and effect
to the extent of the greater restrictions to the extent allowed by
law, but not otherwise. City, town or village ordinances of greater
restriction predating this chapter shall be enforced or defended by
the respective governing authority.
(3)
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
(4)
The provisions of this chapter may establish standards to regulate matters that are not regulated by Chapter NR 115 of the Wisconsin Administrative Code, but that further the purposes of shoreland zoning as described in § 275-1C.
(5)
The construction and maintenance of a facility is considered to satisfy
the requirements of this code if:
[Added 4-12-2023 by Ord. No. 2023-2]
(a)
The Department of Natural Resources has issued all required permits
or approvals authorizing the construction or maintenance under Ch.
30, 31, 281, or 283, Wis. Stats.
(b)
In this subsection, a "facility" means any property or equipment
of a public utility, as defined in § 196.01(5), Wis. Stats.,
or a cooperative association organized under Ch. 185, Wis. Stats.,
for the purpose of producing or furnishing heat, light, or power to
its members only, that is used for the transmission, delivery, or
furnishing of natural gas, heat, light, or power.
G.
Interpretation. In the interpretation and application of the provisions
of this chapter, the provisions shall be held to be minimum requirements
and shall be liberally construed in favor of the County and shall
not be deemed a limitation or repeal of any other powers granted by
Wisconsin Statutes. Where a provision of this chapter is required
by Wisconsin Statutes or a standard in Chapter NR 115 and Chapter
NR 116, Wis. Adm. Code, and where the chapter provision is unclear,
the provision shall be interpreted in light of the Wisconsin Statutes
or Wisconsin Administrative Code standards in effect on the date of
the adoption of this chapter or in effect on the date of the most
recent text amendment to this chapter.
H.
Severability. If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this chapter shall not be affected thereby.
I.
Warning and disclaimer of liability. The degree of flood protection
by this chapter is considered reasonable for regulatory purposes and
is based on engineering experience and scientific methods of study.
Larger floods may occur or the flood height may be increased by man-made
or natural causes ,such as ice jams or bridge openings restricted
by debris. Therefore, this chapter does not imply that areas outside
of the delineated floodplain or permitted land uses within the floodplain
will be totally free from flooding and associated flood damages. Nor
does this chapter create liability on the part of, or a cause of action
against, Washington County or any officer or employee thereof for
any flood damage that may result from reliance on this chapter.
J.
Uses not specified in this chapter. These uses may be permitted by
a conditional use permit issued by the Land Use and Planning Committee,
provided such uses are similar in character to the permitted uses
in the district. Appeals to such Committee decisions can be made to
the County Board of Adjustment.
K.
Title. The name of this chapter shall be known and cited as the "Shoreland,
Wetland and Floodplain Zoning Ordinance for Washington County."
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give them the same meaning
as they have at common law and to give this chapter its most reasonable
application. For the purpose of administering and enforcing this chapter,
the terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future. Words used in the singular
number include the plural, and words in the plural number include
the singular. The word "may" is permissive. The word "shall" is mandatory
and not discretionary. All distances, unless otherwise specified,
shall be measured horizontally.
Those areas shown on a municipality's Official Floodplain Zoning Map (see the term defined below in this § 275-2) which would be inundated by the base flood or regional flood as defined herein. These areas may be numbered as AO, A1 to A30, A99 or be unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
A strip of vegetated land that allows safe pedestrian access
to the shore through the vegetative buffer zone.
A facility, structure, building or use which is accessory
or incidental to the principal use of a property, structure or building,
either attached or detached. An accessory structure shall not be used
for human habitation. (Also see "structure.")
[Amended 1-12-2022 by Ord. No. 2021-9; 4-12-2023 by Ord. No. 2023-2]
A County permit issued by the Washington County Planning
and Parks Department staff to ensure compliance with this chapter
for the shoreland, wetland and floodplain projects that contains specific
conditions of approval.
[Amended 4-12-2023 by Ord. No. 2023-2]
There shall be an Administrative Officer, who shall be the primary enforcement officer under this chapter. The County Planning and Parks Department Administrator established under Chapter 179, Planning and Parks, § 179-6 of the Code of Washington County shall be the Administrative Officer under this chapter. The additional staff enumerated under § 179-6 shall be assigned responsibilities to administer the provisions of this chapter.
High flood risk. Base flood elevations have been determined.
Flood insurance is mandatory and local floodplain development codes
apply. These properties have a 1% annual chance of shallow flooding,
usually in the form of a pond, with an average depth of one to three
feet. See also "area of shallow flooding."
An enhancement, upgrading or substantial change or modification
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilation, air-conditioning and other systems within a
structure.
High flood risk. Flood insurance is mandatory and local floodplain
development codes apply. River or stream flood hazard areas, and areas
with a 1% or greater chance of shallow flooding each year, usually
in the form of sheet flow, with an average depth of one to three feet.
These areas have a 26% chance of flooding over the life of a twenty-year
mortgage. See also "area of shallow flooding."
Wooded, covered with growing trees and woody brush.
[Added 4-12-2023 by Ord. No. 2023-2]
A designated AO, AH, AR/AH, or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where
flood velocity may be evident. Such flooding is characterized by ponding
or sheet flow.
A real estate development that often incorporates narrow
portions of riparian frontage shared by all backlot (subdivision or
condominium lots that do not abut the water) owners. This type of
development, also called "keyhole" or "pyramid" development, results
in offshore lots accessing a water body via a narrow tract of land.
Developers can deed an undivided interest in lots abutting the water.
All lot owners within the backlot development become riparian owners.
A Federal Emergency Management Agency term used to describe
flood having a 1% chance of being equaled or exceeded in any given
year (also see "regional flood"), as published by FEMA as a part of
an FIS and depicted on a Flood Insurance Rate Map (FIRM).
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
Any permanent structure designed and used solely for the
purpose of protecting or storing boats, watercraft and related equipment
for noncommercial purposes.
See "structure."
The distance from the OHWM as determined by the required
setback or setback averaging allowed. For the purpose of determining
if an existing lot meets the minimum lot width requirements, this
will be the area of the lot occupied by the existing principal structure.
A three-dimensional space within which a structure is built.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows complete
filling to the landward side of the line, except where such filling
is prohibited by the floodway provisions of this chapter.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, including a tent, no more than 400 square
feet in area, used as a temporary shelter, including, but not limited
to, a camping trailer, motor home, bus, van, pickup truck, or tent
that is fully licensed, if required, and ready for highway use.
Trees whose crowns form the topmost layer of a woodland.
A certification issued by the Administrator stating that
the use of land or a structure, the elevation of fill or the first
floor of a structure is in compliance with all of the provisions of
this chapter.
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
A use which is permitted by this chapter, provided that certain
conditions specified in the chapter are met and that a County permit
is granted by the Land Use and Planning Committee.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
regional flood elevation and wide enough for wheeled rescue and relief
vehicles.
The Washington County Planning and Parks Department designated
by the County Board to act in all matters pertaining to County planning
and zoning.
A shallow, unfinished enclosed area below the first floor
or under the roof of a building, generally less than five feet in
height, for access to plumbing and electrical utilities.
An unenclosed exterior structure that has no roof or sides,
but has a permanent floor which allows the infiltration of precipitation.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of structures or accessory
structures; the construction of additions or substantial alterations
to structures or accessory structures; the placement of mobile homes;
mining, ditching, lagooning, dredging, filling, grading, paving, excavation
or drilling operations and the deposition or extraction of earthen
materials or equipment; and the installation, repair or removal of
private or public sewerage disposal systems or water supply facilities.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
Any fill, structure, use or development in the floodway.
The presence of a principal structure within 250 feet of
a proposed principal structure in both directions along the shoreline.
The federal agency that administers the National Flood Insurance
Program.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
A map prepared for the County by the Federal Emergency Management
Agency, designating approximate flood hazard areas. Flood hazard areas
are designated as unnumbered A Zones and do not contain floodway lines
or regional flood elevations. Said map forms the basis for both the
regulatory and insurance aspects of the National Flood Insurance Program
until superseded by a Flood Insurance Study and a Flood Insurance
Rate Map.
A map of a community on which the Federal Insurance Administration
has delineated both the 100-year floodplain and the risk premium zones
applicable to the community. This map can only be amended by the Federal
Emergency Management Agency.
A technical engineering examination, evaluation and determination
of the County flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and regional flood elevations as well as floodway lines.
The flood hazard areas are designated as numbered A Zones. Flood insurance
study maps form the basis for both the regulatory and the insurance
aspects of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by the overflow of inland
waters, or the unusual and rapid accumulation or runoff of surface
waters from any source. A flood could also be a sudden increase caused
by an unusually high water level in a natural body of water accompanied
by a severe storm, or by an unanticipated force of nature, such as
a seiche, or by some unusual event.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
An elevation that corresponds to a point 2.0 feet above the
regional flood. (Also see "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood; it is generally
associated with standing water rather than rapidly flowing water.
The land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain includes the floodway and
the floodfringe as those terms are defined in Ch. NR 116, Wis. Adm.
Code.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
Any combination of structural and nonstructural additions,
changes or adjustments which reduce or eliminate flood damage to unimproved
or improved real estate, water and sanitary facilities, structures
and their contents in compliance with the standards listed in the
Wisconsin Administrative Code for the purpose of reducing or eliminating
flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry and discharge the
floodwater or flood flows associated with the regional flood.
Represent the limits of obstruction to flood flows. These
lines are designated on both sides of, and generally parallel to,
the channel of a river or stream. They are established by assuming
that the area landward (outside of the encroachment lines) will ultimately
be developed in such a way that it will not convey flood flows, but
the development will not cause an increase to regional flood elevations
upstream. It is assumed that any development riverward of these lines
will cause an obstruction and will require a detailed analysis (single
degree of hydraulic encroachment) to determine its effect on the regional
flood elevations upstream.
The land area covered by a structure at ground level measured
on a horizontal plane. The footprint of a residence or building includes
the horizontal plane bounded by the furthest exterior wall and eave,
if present, projected to natural grade. For structures without walls
(decks, stairways, patios, carports): a single horizontal plane bounded
by the furthest portion of the structure projected to natural grade.
For the purposes of replacing or reconstructing a nonconforming building
with walls, the footprint shall not be expanded by enclosing the area
that is located within the horizontal plane from the exterior wall
to the eaves projected to natural grade. This constitutes a lateral
expansion under NR 115, Wis. Adm. Code, and would need to follow NR
115.05(1)(g)5, Wis. Adm. Code.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
[Amended 1-12-2022 by Ord. No. 2021-9]
Plants that grow from a few inches to two to three feet tall
and cover a significant area of soil in order to help prevent soil
loss and provide a ground layer of habitat for wildlife.
Any structure of portion thereof used or designed for human
habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. A Class 2 notice is required at a minimum for all zoning
ordinance and map amendments; published twice, once each week consecutively,
the last publication at least a week (seven days) before the hearing.
Plants with flexible green stems with few to no woody parts;
typically includes annuals, perennials, or biennials.
[Added 4-12-2023 by Ord. No. 2023-2]
Damage that could result from flooding, including any danger
to human life or public health or the potential for any significant
economic loss to a structure or its contents.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(Federal Rule, October, 1990) any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
That portion of the river or stream extending from one significant
change in the hydraulic character of the river or stream to the next
significant change. These changes are usually associated with breaks
in the slope of the water surface profile and may be caused by bridges,
dams, expansion and contraction of the water flow, and changes in
stream bed slope or vegetation.
A designated length of river, stream or lake where the storage
of floodwaters therein has been taken into account to reduce the regulatory
flood discharge. Major man-made or natural changes in the river character,
limits of political jurisdiction, or a change in the flood routing
technique used to determine the storage and translation of a flood
wave through the area of interest may be used to define the end of
a hydrologic reach (e.g., a dam may be considered a major man-made
change in the river character or a change from channel routing to
reservoir routing may be considered a major change in the flood-routing
technique).
Any structure used for the purpose of ice fishing; temporary
structure that must comply with required setback distances when not
on the ice.
Any artificial or natural area which does not allow the entrance
or passage of water or sediment into the ground surface. Impervious
surface excludes frozen soil but includes buildings, structures, concrete
or asphalt surfaces, gravel or traffic bond surfaces, decks with no
space in between the decking, bricks or pavers with no spacing between,
which are placed on traffic bond, sidewalks, driveways, parking lots
and streets, unless specifically designed, constructed and maintained
to be pervious. Roadways as defined in § 340.01(54), Wis.
Stats., or sidewalks as defined in § 340.01(58), Wis. Stats.,
are not to be calculated as impervious surfaces.
[Amended 4-12-2023 by Ord. No. 2023-2]
A calculated upward rise in the regional flood elevation,
greater than zero feet, resulting from a comparison of existing conditions
and proposed conditions which is directly attributable to development
in the floodplain, but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
An agreement created and approved pursuant to provisions
outlined in Chapter 66 of the Wisconsin Statutes or any intergovernmental
agreement approved by the governing boards of the respective municipalities
where such agreement contains provisions on the subject of land use
and contains significant environmental protections for any water body
within the scope of the land subject to the agreement.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
[Amended 1-12-2022 by Ord. No. 2021-9]
The act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
For the purpose of this chapter, it does not include mobile recreational
vehicles or travel trailers.
One or more structures totaling 200 square feet or less that
are allowed within 35 feet to 74.99 feet from the OHWM. The structures
must have no sides, open sides or screened sides and may include a
roof.
The balancing of measures that are designed, implemented
and function to restore natural functions and values that are otherwise
lost through development and human activities. Mitigation includes,
but is not limited to, the installation of vegetative buffers or removal
of nonconforming structures and selected stormwater measures to preserve
and enhance water quality and aesthetics. Mitigation applies to the
property as a whole and not just to the portion of the frontage that
might be in front of the unit impacted.
[Amended 4-12-2023 by Ord. No. 2023-2]
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as a temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicle."
A parcel (or contiguous parcels) of land, divided into two
or more manufactured home lots for rent or sale.
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
chapter. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading or the pouring of concrete
pads.
A hydraulic engineering model that corrects any errors that
occur in the duplicative effective model, adds any additional cross
sections to the duplicative effective model, or incorporates more
detailed topographic information than that used in the current effective
model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the "effective model."
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the duplicative effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the corrected effective
model or duplicative effective model.
A modification of the existing or preproject conditions model,
duplicative effective model or corrected effective model to reflect
revised or post-project conditions.
The County, city or village governmental units enacting,
administering and enforcing this chapter.
Elevations referenced to mean sea level datum, 1988 adjustment.
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable bodies of water those that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Committee, 261 Wis. 492 (1952) and DeGayner Co., Inc. v. Dept. of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by a skiff or canoe during normal spring high-water is navigable in fact under the laws of this state, though it may be dry during other seasons. For lands adjacent to farm draining ditches, see § 275-3A(4) of this chapter.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by the
County and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the start of construction commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
Elevations referenced to mean sea level datum, 1929 adjustment.
See "nonconforming structure."
An existing lawful structure which is not in conformity with
the dimensional or structural requirements of this chapter for the
area of the district which it occupies (e.g., an existing residential
structure in the floodfringe district is a conforming use; however,
if the first floor is lower than the flood protection elevation, the
structure is nonconforming).
An existing lawful use or accessory use of a structure which
is not in conformity with the provisions of this chapter for the area
of the district which it occupies.
A fire or an ice storm, tornado, windstorm, mudslide or other
destructive act of nature, but excludes a flood.
Any use or structure causing significant harm, injury or
impairment to the general health, safety or welfare of the public.
Any development which blocks the conveyance of floodwaters
such that the development by itself or in conjunction with any future
similar development will cause an increase in regional flood height.
That map, adopted and made part of this chapter, as described in § 275-14C, which has been approved by the Department and Federal Emergency Management Agency.
[Amended 1-12-2022 by Ord. No. 2021-9]
A fence that has more than 50% open space.
Those uses having a relatively low flood damage potential
and not involving structures.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristics.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
Any land, parcel or lot that meets the definition of "development"
(see term defined above in this section) as of the date of enactment
of this chapter.
The main or primary building on a lot that is used for a
residence, place of business, or other recreational purposes.
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, including a
substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
[Amended 4-12-2023 by Ord. No. 2023-2]
Any structure or improvement required by a governmental unit
or agency in the interest of the health, safety, or welfare of the
public as a condition to granting a permit or approval to the petitioner.
Public purpose facilities may include, but are not limited to, roads,
sidewalks, utilities, pollution-control facilities and railroads.
Those utilities installed for the benefit of the general
public using underground or overhead transmission lines, such as electric,
telephone and telegraph, and distribution and collection systems,
such as water, sanitary sewer and storm sewer.
Base floodwaters will not inundate the land or damage structures
to be removed from the floodplain and any subsurface waters related
to the base flood will not damage existing or proposed buildings.
To construct again or to establish or assemble again involving
structural components.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin. A regional flood is a flood
with a 1% chance of being equaled or exceeded in any given year, and
if depicted on the FIRM, the regional flood elevation is equivalent
to the base flood elevation. This means that during a typical thirty-year
mortgage period, the regional flood has a 26% chance of occurrence.
[Amended 1-12-2022 by Ord. No. 2021-9]
The placement of various-size rocks or natural materials
along the shoreline to prevent erosion. Riprap requires the installation
of erosion-control fabric placed on the exposed soil below the rocks.
[Amended 4-12-2023 by Ord. No. 2023-2]
Normally accepted horticultural practices that do not result
in the loss of any layer of existing vegetation and do not require
earth disturbance.
A layer of sand or pea gravel placed on the bed of a lake
or stream.
The area in a shoreland that is within a certain distance
of the ordinary high-water mark in which the construction or placement
of buildings or structures has been limited or prohibited by this
chapter. Except as more specifically defined in this chapter, the
area is described as "75 feet from the ordinary high-water mark."
The zoning district, created as a part of this chapter, comprised
of shorelands that are designated as wetlands on the Wisconsin DNR
wetland inventory maps which have been adopted and made a part of
this chapter.[1]
Lands within the following distances from the ordinary high-water
mark (OHWM) of navigable waters: 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The area 35 feet to 75 feet landward of the ordinary high-water
mark (OHWM).
[Amended 4-12-2023 by Ord. No. 2023-2]
Woody bushes and tree saplings that are three feet to 12
feet tall.
The science and art of cultivating (i.e., growing and tending)
forest crops, based on a knowledge of silvics.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. For floodplain zoning purposes, "the actual start" means either
the first placement of permanent construction on a site, such as the
pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond initial excavation, or the placement
of a manufactured home on a foundation. "Permanent construction" does
not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways, nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms, nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
an alteration, "the actual start of construction" means the first
alteration of any wall, ceiling, floor or other structural part of
a building, whether or not that alteration affects the external dimensions
of the building.
[Amended 1-12-2022 by Ord. No. 2021-9]
The volume of space above an area of floodplain land that
can be occupied by floodwater of a given stage at a given time, regardless
of whether the water is moving.
Any measures taken to permanently reduce or minimize the
negative impacts of stormwater runoff quantity and quality from land
development activities. An "approved" stormwater management plan means
approved by the Washington County Land and Water Conservation Division,
or town or other government agency having such authority to grant
approval.
[Amended 4-12-2023 by Ord. No. 2023-2]
Any supporting member of a building or structure, including
but not limited to the foundation, walls, floor systems, ceilings,
roofs, decks and appendages.
A principal structure or any accessory structure which is
a man-made object with form, shape and utility, either permanently
or temporarily attached to, placed upon or set into the ground, stream
bed or lake bed, which includes, but is not limited to, such objects
as roofed and walled structures, garages, sheds, boathouses, sidewalks,
walkways, patios, decks, ice fishing shanties, gas or liquid storage
tanks, bridges, dams, culverts, retaining walls, porches or fire pits.
Has the meaning given in Chapter 257, Land Divisions, of the Code of Washington County and § 236.02(12), Wis. Stats.
[Amended 4-12-2023 by Ord. No. 2023-2]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project
for the improvement of a building required to correct existing health,
sanitary or safety code violations identified by the Building Official
and that are the minimum necessary to assure safe living conditions;
or any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A motorized, box-like container or carrier that travels on
a rail.
The inability to conform to the provisions of this chapter
due to special conditions which were not self-created, affecting a
particular property, that would unreasonably prevent the owner from
using the property for a permitted purpose or would render conformity
with such restrictions unnecessarily burdensome.
Any public or private water supply, waste collection or disposal
system, including, but not limited to, private and public wells and
their attendant facilities, private on-site wastewater treatment systems
and public sewage collection systems.
An authorization granted by the County Board of Adjustment
to construct, alter or use a structure in a manner that deviates from
the dimensional standards of this chapter. A variance may not permit
the use of a property that would otherwise be prohibited by this chapter
or allow construction not protected to the flood protection elevation.
The failure of a structure or other development or land activity
to be fully compliant with this chapter. A structure or other development
without required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed
to be in violation until such time as that documentation is provided.
A graphic representation showing the elevation of the water
surface of a watercourse for each position along a reach of river,
stream or lake at a certain flood flow. A water surface profile of
the regional flood is used in regulating floodplain areas.
The entire region or area contributing runoff or surface
water to a particular watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods to obtain groundwater regardless
of its intended use.
Any construction, filling, flooding, draining, dredging,
ditching, tiling, excavating, temporary water level stabilization
measures or dike and dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which have soils indicative of wet conditions.
A County permit issued by the Washington County Planning
and Parks Department staff to ensure compliance with this chapter
for shoreland, wetland and floodplain projects that contains specific
conditions of approval.
[Amended 4-12-2023 by Ord. No. 2023-2]
[1]
Editor's Note: Said maps are on file in the office of the
Planning and Parks Department.
