Any use or FA development activity which occurs in a FA-C must
meet the requirements in this article.
In this article, the following terms shall have the meaning
indicated:
DEPARTMENT
The Wisconsin Department of Natural Resources.
FA-C
The portions of the existing cranberry farm as defined in §
370-10.5 and that are subject to the SFHA regulations.
FA-C DEVELOPMENT ACTIVITIES
Development activities listed in §
370-10.6D. FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building.
PERIMETER DIKE
The dike or system of dikes that are closest to the boundary
line of the existing cranberry farm, usually the outermost dike.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area having special flood hazards and is shown on a Flood
Hazard Boundary Map or a Flood Insurance Rate Map as an A, AE, AH
or AO Zone.
The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to Articles
III,
IV and
V of this chapter.)
A. To establish the boundary of an "existing cranberry farm," a person
must file with the community a certified legal description of the
farm boundary as it existed on June 17, 2008. The area of existing
use includes all farm production areas, all farm support land and
all farm support areas, including dikes, impoundments, water storage
reservoirs, ditches, sand stockpiles and roads. The area of established
use does not include buildings.
[Amended 7-16-2019 by Ord. No. 16-2019]
B. Upon issuance of the FA-C permit, the FA-C development that is completed
in accordance with the FA-C permit shall be established as an existing
cranberry farm upon completion.
(For construction or maintenance, please refer to Articles
III,
IV and
V of this chapter.)
A. A Zones. FA-C development activities in an A Zone may not cause a
cumulative impact on the base flood elevation (BFE) of more than 1.0
foot at any point on the waterway. If any project causes an increase
in flooding elevations that would impact other properties, then the
provisions of the community's floodplain zoning standards apply.
Increases equal to or greater than one foot would require submittal
of the engineering study to FEMA for a conditional letter of map revision
(CLOMR). It is the project sponsor's responsibility to contract
for and submit the engineering study to the community. All studies
shall be reviewed and approved by the Department at the community's
request. It is the community's responsibility to determine if
the project meets the district criteria, determine if a permit is
appropriate, and submit the CLOMR application to FEMA when necessary.
B. AE Zones. FA-C development activities in the designated floodway
of an AE Zone must be analyzed using the current, effective hydraulic
model to ensure that the project does not cause an increase to the
BFE. If any project causes an increase in flooding elevations that
would impact other properties, the provisions of § NR 116.11(3),
Wis. Adm. Code apply. Any increase requires submittal of the engineering
study to FEMA for a conditional letter of map revision (CLOMR). It
is the project sponsor's responsibility to contract for and submit
the engineering study to the community. All studies shall be reviewed
and approved by the Department at the community's request. It
is the community's responsibility to determine if the project
meets the district criteria, determine if a permit is appropriate,
and submit the CLOMR application to FEMA when necessary.
C. All FA-C development activities require a FA-C permit in accordance with §
370-10.6G.
D. FA development activities include:
(1)
New dikes and impoundments. Construction of a dike or an impoundment
outside the boundary of existing cranberry farm. Includes the use
of heavy machinery.
(2)
New ditches. Construction of a new ditch outside the boundary
of existing cranberry farm. Includes the use of heavy machinery to
dig the ditch and the removal of plant and debris material.
(3)
New farm roads. Construction of a farm road outside the boundary
of existing cranberry farm. Includes the placement of materials as
appropriate to build a road that is adequate for expected loads.
(4)
New reservoirs. Construction of a reservoir outside the boundary
of existing cranberry farm. Includes the use of heavy machinery for
excavation.
(5)
Sand mining. Sand mining outside the boundary of existing cranberry
farm. Includes the extraction and stockpiling of sand using heavy
equipment or hydraulic dredges.
(6)
New water control structures. Placement of a water control structure
in a ditch or reservoir outside the boundary of existing cranberry
farm. Includes the placement of a bulkhead or other water control
structure in a dike to control water movement in ditches and reservoirs.
Riprap and other material may be used to prevent erosion and failure
of the structure.
(7)
New bed construction. Construction of a new cranberry bed outside
of the boundary of an existing cranberry farm.
E. Maintenance activities.
(1)
Maintenance activities conducted in accordance with §
370-10.6F in the designated floodway of an A Zone or an AE Zone will not cause an increase in the BFE.
(2)
Maintenance activities do not require an FA-C permit.
F. Requirements for maintenance activities in Flooded Agriculture-Cranberry
Farms.
(1)
Maintenance activities must take place within the boundary of
an existing cranberry farm and below the top of the existing perimeter
dike.
(2)
Maintenance of dikes or impoundments must be conducted such
that the height of the existing dike or impoundment is maintained.
(3)
No spoil materials may be placed such that the height of the
top of the perimeter dike on an existing cranberry farm is increased
above the established height of the perimeter dike. If spoils materials
are placed outside of the existing farm perimeter dike but within
the existing farm boundary, then they must be placed outside of the
SFHA, must meet the cumulative impact requirement for an A Zone or
must be in the non-floodway portion of an AE Zone.
(4)
Maintenance activities include the following:
(a)
New bed drainage within boundary of existing cranberry farm.
Includes installation of drain tiles to improve water management;
creation of perimeter ditches around the bed area (inside the impoundments)
to direct water on and off the bed; and/or installation of water control
structures on ends of beds to allow for flooding and drainage.
(b)
Bed drainage: renovation within boundary of existing cranberry
farm. Includes installation of drain tiles to improve water management;
creation of perimeter ditches around the bed area (inside the impoundments)
to direct water on and off the bed; and/or installation of water control
structures on ends of beds to allow for flooding and drainage.
(c)
New bed leveling within boundary of existing cranberry farm.
Cranberry beds are leveled using heavy equipment and a laser level.
Sand is deposited onto the bed surface as needed to achieve a level
surface with a slight crown in the center such that water drains to
the edges of the bed. Beds are entirely surrounded by dikes.
(d)
Bed leveling: renovation within boundary of existing cranberry
farm. Cranberry beds are leveled using heavy equipment and a laser
level. Sand is deposited onto the bed surface as needed to achieve
a level surface with a slight crown in the center such that water
drains to the edges of the bed. Beds are entirely surrounded by dikes.
(e)
New bed planting within boundary of existing cranberry farm.
Vines are planted into the bed surface using plugs, mechanical planting
equipment and/or vines spread on the ground and pushed into the surface
with a modified disc. Beds are entirely surrounded by dikes.
(f)
Bed planting: renovation within boundary of existing cranberry
farm. Vines are planted into the bed surface using plugs, mechanical
planting equipment and/or vines spread on the ground and pushed into
the surface with a modified disc. Beds are entirely surrounded by
dikes.
(g)
New bed removal of materials or scalping within boundary of
existing cranberry farm. Existing plant material is removed. Plant
material is loaded into trucks and removed.
(h)
Bed removal of materials or scalping: renovation within boundary
of existing cranberry farm. Existing plant material is removed. Plant
material is loaded into trucks and removed.
(i)
New bed sanding within boundary of existing cranberry farm.
Sand is deposited onto the bed surface using heavy equipment to bring
the planting surface to the desired level.
(j)
Bed sanding: renovation within boundary of existing cranberry
farm. Sand is deposited onto the bed surface using heavy equipment
to bring the planting surface to the desired level.
(k)
Dike: seeding. Reservoirs and bed dikes are seeded to stabilize
banks and prevent erosion. Most seeding is done with a hydroseeder
after a suitable planting medium has been placed on the area to be
seeded.
(l)
New dike or impoundment within boundary of existing cranberry
farm. New construction of dikes and impoundments and placement of
new water control structures within the established perimeter of an
existing cranberry farm.
(m)
Dike or impoundment: repair/maintenance of existing structures.
Includes excavating adjacent to dikes to increase storage capacity
and control of water flow, excavating sand from a reservoir to increase
the water storage capacity, installation of splitter dikes to manage
water flow and subdivide reservoirs, and replacement of existing water
control structures.
(n)
Ditch: cleaning and maintenance of existing ditches. Drainage
and irrigation ditches are cleaned using heavy equipment to remove
plant material and debris. Spoils cannot be placed on the ditch side
of any adjacent dike.
(o)
New ditch within boundary of existing cranberry farm. New ditches
are constructed using heavy machinery. Plant material and debris are
removed.
(p)
Farm road: maintenance of existing roads. Farm roads are graded
and repaired to maintain height, stability and width. Sand or gravel
is placed in damaged areas. Culverts are replaced. Roads are mowed
to prevent growth of brush or flowers that serve as competition for
pollinators.
(q)
New farm road within boundary of existing cranberry farm. Farm
roads are constructed using placement of materials as appropriate
for the loads expected to be carried.
(r)
Harvest: flood. Water is released from storage areas and gravity
flowed or pumped into production (cranberry bed) areas. An initial
"raking" flood of six inches to 12 inches is applied. After harvest
machinery moves through the beds, the water level is increased above
the vine canopy to allow the fruit to be corralled and removed.
(s)
Irrigation: flood. Water is released from the reservoir or pumped
onto the beds to provide a flood for insect control or protection
during severe weather. Water is then returned to the reservoir or
other water body.
(t)
Irrigation system maintenance and renovation. Periodic repair
of cranberry bed sprinkler systems includes nozzle replacement; mainline
replacement with aluminum or plastic materials; burial of laterals;
upgrades to pumping systems and construction of pumping stations within
the perimeter of the most external impoundment of the farm.
(u)
Reservoir maintenance and construction of reservoirs within
the boundary of existing cranberry farm. Reservoirs are periodically
excavated to alter or maintain depth levels. Heavy equipment is used
for excavation.
G. FA-C permits. A FA-C permit shall be obtained before any development
in the FA-C may be initiated. Application to the Zoning Administrator
shall include:
(1)
General information.
(a)
Name and address of the applicant, property owner and contractor;
(b)
Legal description of the proposed development area; and
(c)
Statement that the proposed use is cranberry farming.
(2)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(a)
Location, dimensions, area and elevation of the proposed development
area;
(b)
Location of the ordinary high water mark of any abutting navigable
waterways;
(c)
Location of any structures with distances measured from the
lot lines and street center lines; and
(d)
Location of SFHA floodplain and floodway limits as determined
from the official Floodplain Zoning Maps.
(3)
A Zone application. An application for FA-C development activity
in an A Zone shall include a certificate of no-rise, or a technical
analysis sufficient to show that the proposed development will not
cause a cumulative impact on the base flood elevation (BFE) of more
than 1.0 foot within the regulatory floodway of a particular reach
on the waterway.
(4)
AE Zone application. An application for FA-C development activity
in an AE Zone shall include submission of a certificate of no-rise.
If the analysis shows the project will cause an increase greater than
0.00 foot in the BFE, then the project sponsor shall provide the community
with information necessary for the community to evaluate the proposed
project.