The federal government created the National Flood Insurance
Program (NFIP) to establish flood risk zones and to provide flood
insurance to property owners in communities that adopt and enforce
floodplain regulations in accordance with regulatory floodplain maps
approved by the Federal Emergency Management Agency (FEMA). In recognition
of the NFIP's requirements, the following article shall apply
to flooded agriculture cranberry farms (FA-C). Cranberry farming uses
extensive water management systems that are often located in areas
designated as a special flood hazard area (SFHA). Within the SFHA,
this article establishes the minimum floodplain regulations, which
apply to maintenance and FA-C development activities, and it preserves
the orderly and efficient use of land for agricultural purposes. The
provisions of this article are limited to floodplain management requirements.
This article is designed to clarify permit procedures for routine
activities related to cranberry culture.
The ordinance provisions for this district shall apply to all
flooded agriculture-cranberry farms (FA-C) in the SFHA as identified
on the effective Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary
Map (FHBM) for the community. The intent of this district is to provide
a consistent regulatory framework for both maintenance and development
activities, which are required for the efficient management of a cranberry
farming operation. These provisions describe the activities associated
with FA-C, the potential for each activity to impact the base flood
elevation (BFE) or floodway and the requirements for each activity.
This article does not apply to the construction, maintenance, repair
or modification of any building in this district. Buildings and all
other development activities not associated with cranberry farming
are regulated by other sections of this Floodplain Zoning Ordinance.
Any use or FA development activity which occurs in an FA-C must
meet the requirements in this article.
As used in this article, the following terms shall have the
meanings indicated:
DEPARTMENT
The Wisconsin Department of Natural Resources.
FA-C
The portions of the existing cranberry farm as defined in §
208-15 and that are subject to the SFHA regulations.
FA-C DEVELOPMENT ACTIVITIES
Are development activities listed in §
208-16D. 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
IV,
V and
VI 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 September 17, 2020. 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.
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
IV,
V and
VI 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 one
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 Ch. 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 an FA-C permit in accordance with §
208-19.
D. FA development activities include:
(1) New dikes and impoundments. Construction of a dike or an impoundment
outside the boundary of an existing cranberry farm. Includes the use
of heavy machinery.
(2) New ditches. Construction of a new ditch outside the boundary of
an 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 an 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 an existing cranberry farm. Includes the use of heavy machinery
for excavation.
(5) Sand mining. Sand mining outside the boundary of an 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 an 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.
An FA-C permit shall be obtained before any development in the
FA-C 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 of the proposed development area; and
(3) Statement that the proposed use is cranberry farming.
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 proposed development
area;
(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; and
(4) Location of SFHA floodplain and floodway limits as determined from
the Official Floodplain Zoning Maps.
C. 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 one foot within the regulatory floodway of a particular reach
on the waterway.
D. 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 feet in the BFE, then the project sponsor shall provide the community
with information necessary for the community to evaluate the proposed
project.