Village of Suamico, WI Floodplain District

Statutory Authorization. This chapter is adopted pursuant to the authorization in Wis. Stats., §§ 61.35 and 62.23, and the requirements in Wis. Stats., § 87.30.

Finding of Fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

Statement of Purpose. This chapter is intended to regulate floodplain development to:

Protect life, health and property;

Minimize expenditures of public funds for flood control projects;

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

Minimize business interruptions and other economic disruptions;

Minimize damage to public facilities in the floodplain;

Minimize the occurrence of future flood blight areas in the floodplain;

Discourage the victimization of unwary land and home buyers;

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

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

Title. This chapter shall be known as the "Floodplain Zoning Ordinance for the Village of Suamico, Wisconsin."

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General Provisions.

Areas to be Regulated. This chapter 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 chapter, where applicable.

Official Maps and Revisions. Special flood hazard areas (SFHA) 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 Subsection (5)(b)1 below. Additional flood hazard areas subject to regulation under this chapter are identified on maps based on studies approved by the DNR and listed in Subsection (5)(b)2 below. These maps and revisions are on file in the office of the Zoning Administrator, Village of Suamico.

Official Maps Based on the Brown County Flood Insurance Study (FIS), Dated May 9, 2023, Volume Numbers 5509CV001C, 55009CV002C, 55009CV003C, and 55009CV004C. Approved by: The DNR and FEMA.

Brown County Flood Insurance Rate Map (FIRM), panel numbers 55009C0067G, 55009C0069G, 55009C0086G, 55009C0088G, 5509C0154G, 55009C0157G, 55009C0158G, 55009C0159G, 55009C0176G, and 55009C0178G dated May 9, 2023.

Brown County Flood Insurance Rate Map (FIRM), panel numbers 55009C0045F, 55009C0063F, 55009C0064F, 55009C0065F, 55009C0068F, 55009C0151F, 55009C0152F, and 55009C0153F dated August 18, 2009.

Brown County Flood Insurance Rate Map (FIRM), panel number 55009C0135G, dated March 17, 2014.

Flood Insurance Study (FIS) for Brown County, volumes 55009CV001C, 55009CV001C, 55009CV001C, 55009CV001C, dated May 9, 2023.

Official Maps Based on Other Studies. Approved by: The DNR.

Blazie Investments (Hidden Lake) Dam failure analysis approved by the Department of Natural Resources on January 9, 2019, including:

Map dated December 11, 2018, and titled "Exhibit A-Blazie Investments Dam-Dam Shadow Map."

Floodway data table dated December 11, 2018, and titled "Exhibit B-Blazie Investments Dam-Floodway Data Table."

Flood profiles dated October 10, 2014, and titled "Exhibit C-Blazie Investments Dam-Flood Profiles."

Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this chapter are divided into districts as follows:

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 Section 19.05(1)(e).

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 Section 19.05(1)(e), within A Zones shown on the FIRM.

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 and AO zones on the FIRM.

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.

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 (5)(d)1 or 2 below. If a significant difference exists, the map shall be amended according to Section 19.08, 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 Section 19.07(3)(c) and the criteria in Subsection (5)(d) 1 and 2 below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Section 19.08, Amendments.

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.

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.

Removal of Lands from Floodplain.

Compliance with the provisions of this chapter 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 Section 19.08, Amendments.

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:

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

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

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.

Compliance.

No structure or use within areas regulated by this chapter 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.

Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 19.09.

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 Section 19.09.

Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats., § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats., § 30.2022, 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 Wis. Stats., § 30.2022, 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 Wis. Stats., § 30.123(6)(d), 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.

Abrogation and Greater Restrictions.

This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats., § 61.35, for villages; or Wis. Stats., § 87.30, 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.

This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

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

Warning and Disclaimer of Liability. The flood protection standards in this chapter 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 chapter does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This chapter 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 chapter.

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

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Annexed Areas for Cities and Villages. The Brown 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 through 72, 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.

§ 19.02 General Standards Applicable to all Floodplain Districts.

General Requirements.

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.

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

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;

Be constructed with flood-resistant materials;

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

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

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

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

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

Adequate drainage is provided to reduce exposure to flood hazards.

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 chapter[1] and all other requirements in Section 19.07(1)(b).

Editor's Note: See Section 19.10, Definitions.

Hydraulic and Hydrologic Analyses.

No floodplain development shall:

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

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

The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Section 19.08, Amendments, are met.

Watercourse Alterations.

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 Section 19.02(2) must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.

As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Section 19.08, 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.

Chapters 30 and 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 Section 19.08, Amendments.

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Public or Private Campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

The campground is approved by the Department of Agriculture, Trade and Consumer Protection.

A land use permit for the campground is issued by the Zoning Administrator.

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.

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.

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 (5)(d) 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.

Mobile Recreational Vehicles.

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

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

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

Meet the requirements in either Section 19.03, 19.04, 19.05(1), or 19.05(3) for the floodplain district in which the structure is located.

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.

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 Section 19.02(5)(f) and shall ensure compliance with all the provisions of this section.

The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section.

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.

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.

Standards for Structures in a Campground.

All structures must comply with Section 19.02(5) or meet the applicable requirements in Section 19.03, 19.04, 19.05(1), or 19.05(3) for the floodplain district in which the structure is located.

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 Section 19.02(5)(d). 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.

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

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 Section 19.02(5)(d).

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 Section 19.02(5)(d).

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A land use permit shall be obtained as provided under Section 19.07(1)(b) 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.

§ 19.03 Floodway District (FW).

Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section 19.05(1)(e).

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 Section 19.03(3) and (4); and all permits or certificates have been issued according to Section 19.07(1).

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

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

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 Section 19.03(3)(d).

Uses or structures accessory to open space uses or classified as historic structures that comply with Section 19.03(3) and (4).

Extraction of sand, gravel or other materials that comply with Section 19.03(3)(d).

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.

Public utilities, streets and bridges that comply with Section 19.03(3)(c).

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.

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.

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

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.

Standards for Developments in Floodway Areas.

General.

Any development in the floodway shall comply with Section 19.02 and have a low flood damage potential.

Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to Sections 19.02(2) and 19.07(1)(b)3. The analysis must be completed by a registered professional engineer in the State of Wisconsin.

Any encroachment in the regulatory floodway is prohibited unless the data submitted for Section 19.03(3)(a)2 above 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 Section 19.01(5)(e).

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:

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

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

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;

Have structural components capable of meeting all provisions of Section 19.03(3)(b)7; and

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 Section 19.03(3)(b)7.

Must be anchored to resist flotation, collapse, and lateral movement.

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

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

For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets Section 19.03(3)(b)(1) through (5) and meets or exceeds the following standards:

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

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 must remain open.

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

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:

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

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 Sections 19.03(4)(d) and (e);

Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;

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

Placement of utilities to or above the flood protection elevation.

Public Utilities, Streets, and Bridges. Public utilities, streets and bridges may be allowed by permit, if:

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

Construction meets the development standards of Section 19.02(2).

Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if:

The requirements of Section 19.02(2) are met;

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;

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

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

Prohibited Uses. All uses not listed as permitted uses in Section 19.03(2) are prohibited, including the following uses:

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

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

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

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 solid or hazardous waste disposal sites;

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

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.

§ 19.04 Floodfinge District (FF).

Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 19.05(1)(e).

Permitted Uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in Section 19.04(3) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Section 19.07(1) have been issued.

Standards for Development in the Floodfringe. Section 19.02 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Section 19.06, Nonconforming Uses.

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 Section 19.06, Nonconforming Uses.

All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have 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 Section 19.01(5)(e).

Notwithstanding Section 19.04(3)(a)1, a basement or crawlspace floor may be placed at 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 lower than one foot above the regional flood elevation.

Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection (3)(a)4.

In developments where existing street or sewer line elevations make compliance with Subsection (3)(a)3 impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:

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

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

Accessory Structures or Uses. In addition to Section 19.02, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor no less than six inches above regional flood elevation.

Commercial Uses. In addition to Section 19.02, any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of Section 19.04(3)(a). Subject to the requirements of Section 19.04(3)(e), 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.

Manufacturing and Industrial Uses. In addition to Section 19.02, 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 Section 19.07(5). Subject to the requirements of Section 19.04(3)(e), 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.

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 Section 19.07(5). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

Public Utilities, Streets, and Bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and

When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Section 19.07(5).

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

Sewage Systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Section 19.07(5)(c), to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.

Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Section 19.07(5)(c), to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.

Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

Deposition of Materials. Any deposited material must meet all the provisions of this chapter.

Manufactured Homes.

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.

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

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

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

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 the floodfringe in Section 19.04(3)(a).

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Mobile Recreational Vehicles.

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

Be fully licensed and ready for highway use; or

Shall meet the elevation and anchoring requirements in Section 19.04(3)(k)2 and 3.

§ 19.05 Other Floodplain Districts.

General Floodplain District (GFP).

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 Section 19.01(5)(b)1.

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 Section 19.01(5)(b)1, the boundaries of the regulatory floodway shall be determined pursuant to Section 19.05(1)(e). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of Section 19.03. If the development is located entirely within the floodfringe, the development is subject to the standards of Section 19.04.

Permitted Uses. Pursuant to Section 19.05(1)(e) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the floodway [Section 19.03(2)] and floodfringe [Section 19.04(2)] districts are allowed within the General Floodplain District, according to the standards of Section 19.05(1)(d) provided that all permits or certificates required under Section 19.07(1) have been issued.

Standards for Development in the General Floodplain District. Section 19.03 applies to floodway areas, determined pursuant to 19.05(1)(e); Section 19.04 applies to floodfringe areas, determined pursuant to 19.05(1)(e).

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

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

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

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.

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

All development in Zones AO and Zone AH shall meet the requirements of Section 19.04 applicable to flood fringe areas.

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:

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.

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.

A hydrologic and hydraulic study as specified in Section 19.07(1)(b)3.

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.

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

(Reserved)

Coastal Floodplain District (CFD).

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 Section 19.01(5)(c)4 or a regulatory floodway identified pursuant to Section 19.05(1)(e), extends into a Coastal Floodplain District, development shall comply with the standards of Section 19.03 and Section 19.05(3).

Standards for Development in the Coastal Floodplain District. Development in the CFD District shall meet the requirements of Section 19.02, as well as the following:

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

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.

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.

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

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.

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.

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.

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 Section 19.05(3)(b)5.

New construction and substantial improvement of buildings shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, 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.

For the purpose of Section 19.05(3)(b)6, a breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot.

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:

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

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.

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

Require within flood-prone areas:

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

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.

Mobile Recreational Vehicles.

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

Be fully licensed and ready for highway use; or

Shall meet the standards of Section 19.05(3)(b)1 through 7 inclusive.

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.

Manufactured homes placed or substantially improved within the Coastal Floodplain District shall meet the standards of Section 19.05(3)(b)1 through 7 inclusive.

§ 19.06 Nonconforming Uses.

General.

Applicability.

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 Wis. Stats., § 87.30, and §§ NR 116.12 through 116.14, Wis. Adm. Code, and 44 CFR Parts 59 through 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 chapter 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.

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.

The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this chapter may continue subject to the following conditions:

No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this chapter. 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; this includes 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.

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 chapter.

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.

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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 19.04(3)(a). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph.

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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 19.04(3)(a). 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.

If on a per-event basis the total value of the work being done under Subsection (1)(b)4 and 5 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 chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 19.04(3)(a).

Except as provided in Subsection (1)(b)7, 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.

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

Residential Structures:

Shall have the lowest floor, including basement, elevated to a minimum of one foot above the regional flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Section 19.07(5)(b).

[Amended 6-5-2023 by Ord. No. 2023-07]

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.

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.

[4]

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

[5]

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 19.05(1)(d).

[6]

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

Nonresidential Structures:

Shall meet the requirements of Section 19.06(1)(b)8a[1] through [6].

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 Section 19.07(5)(a) or (b).

In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 19.05(1)(d).

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 Section 19.03(3)(a), flood-resistant materials are used, and construction practices and floodproofing methods that comply with Section 19.07(5) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Section 19.06(1)(b)8a 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.

Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if:

Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation;

The lowest floor of the nonconforming building, including the basement, is elevated one foot above the regional flood elevation;

The nonconforming building is permanently changed to conform to the applicable requirements of Section 19.02;

If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of Sections 19.03(3)(a), 19.03(3)(b)2 through 5, 19.03(3)(c), 19.03(3)(d), and 19.06(2). Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with Section 19.05(1)(e). If the encroachment is in the floodway it must meet the standards in Section 19.03(3)(d);

If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of Sections 19.04(3) and 19.06(3);

Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to one foot above the regional flood elevation;

Repair or reconstruction of nonconforming structures and substantial improvements of nonresidential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:

Where a nonresidential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 19.06(1)(d)7 above.

The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed;

Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria:

A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area;

The bottom of all openings must be no higher than one foot above the adjacent grade;

Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters;

Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the regional flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;

10.

Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is one foot above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement;

11.

Recreational vehicles placed on sites within zones A1-30, AH, and AE must either:

Be on site for fewer than 180 consecutive days; or

Be fully licensed and ready for highway use (a 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); or

Meet the elevation and anchoring requirements for manufactured homes in Section 19.06(1)(d)9 above;

12.

In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

13.

In Zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet Section 19.06(1)(d)6 through 12 (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with Section 19.05(1)(e). If the encroachment is in the floodway it must meet the standards in Section 19.03(3)(d). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

14.

In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with Section 19.05(1)(e). If the encroachment is in the floodway it must meet the standards in Section 19.03(3)(d). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity;

15.

In Zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one foot more than the depth number specified in feet on the FIRM (at least three feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or

16.

In Zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according to the standard specified in Section 19.06(1)(d)7 above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity.

Floodway District.

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:

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

Meets the requirements of Section 19.06(1);

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

Any addition to the existing structure shall be floodproofed, pursuant to Section 19.07(5), by means other than the use of fill, to the flood protection elevation; and

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

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;

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

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

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

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 the Floodway District. 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, Section 19.07(5)(c) and Ch. SPS 383, Wis. Adm. Code.

No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Section 19.07(5)(c) and Chs. NR 811 and NR 812, Wis. Adm. Code.

Floodfringe District.

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 Section 19.04(3) except where Section 19.06(3)(b) is applicable.

Where compliance with the provisions of Subsection (3)(a) 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 Adjustment/Appeals, using the procedures established in Section 19.07(3), may grant a variance from those provisions of Subsection (3)(a) 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:

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

Human lives are not endangered;

Public facilities, such as water or sewer, shall not be installed;

Flood depths shall not exceed two feet;

Flood velocities shall not exceed two feet per second; and

The structure shall not be used for storage of materials as described in Section 19.04(3)(e).

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, Section 19.07(3) and Ch. SPS 383, Wis. Adm. Code.

All new wells, or addition to, replacement, repair or maintenance of a well, shall meet the applicable provisions of this chapter, Section 19.07(5)(c) and Chs. NR 811 and NR 812, Wis. Adm. Code.

Coastal Floodplain District.

New construction and substantial improvement shall meet the standards of Section 19.05(3).

No structural repairs, modifications or additions to an existing building, the cost of which exceed, 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 Section 19.05(3).

§ 19.07 Administration.

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

Zoning Administrator.

Duties and Powers. The Zoning Administrator is authorized to administer this chapter and shall have the following duties and powers:

Advise applicants of the chapter 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.

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

Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.

Keep records of all official actions such as:

All permits issued, inspections made, and work approved.

Documentation of certified lowest floor and regional flood elevations.

Floodproofing certificates.

Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.

All substantial damage assessment reports for floodplain structures.

List of nonconforming structures and uses.

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.

In the Coastal Floodplain District, certification by a licensed professional engineer or architect where required for new construction and substantial improvement under Section 19.05(3).

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

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

Copies of case-by-case analyses and other required information.

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

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

Submit copies of amendments to the FEMA regional office.

Land Use Permit. A land use permit shall be obtained 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. Application to the Zoning Administrator shall include:

General Information.

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

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

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

Location, dimensions, area and elevation of the lot;

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

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

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

Location and elevation of existing or future access roads;

Location of floodplain and floodway limits as determined from the official floodplain zoning maps;

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

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 Section 19.03 or 19.04 are met; and

Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 19.02(2). This may include any of the information noted in Section 19.03(3)(a).

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.

Zone A Floodplains and in AE Zones Within Which a Floodway is not Delineated.

Hydrology.

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

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

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.

Channel sections must be surveyed.

[c]

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

[d]

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.

[e]

The most current version of HEC-RAS shall be used.

[f]

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

[g]

Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.

[h]

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.

[i]

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.

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.

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

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.

Zone AE Floodplains.

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

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

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.

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.

[c]

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.

[d]

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.

[e]

All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.

[f]

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 topwidths 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.

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

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.

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.

[c]

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

[d]

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.

[e]

The revised floodplain boundaries shall tie into the effective floodplain boundaries.

[f]

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.

[g]

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

[h]

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

Expiration. All permits issued under the authority of this chapter 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.

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:

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

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

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.

The applicant shall submit a certification signed by a registered professional engineer, architect or 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 Section 19.07(5) are met.

Where applicable pursuant to Section 19.05(1)(d), 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.

Where applicable pursuant to Section 19.05(1)(d), 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 Section 19.05(1)(d).

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 § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

Zoning Agency.

The Planning and Zoning Commission shall:

Oversee the functions of the office of the Zoning Administrator;

Review and advise the governing body on all proposed amendments to this chapter, maps and text; and

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

The Planning and Zoning Commission shall not:

Grant variances to the terms of the chapter in place of action by the Board of Appeals; or

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

Board of Appeals. The Board of Appeals, created under Wis. Stats., § 62.23(7)(e), is hereby authorized or shall be appointed to act for the purposes of this chapter. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the Secretary of the Board.

Powers and Duties. The Board of Appeals shall:

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 chapter;

Boundary Disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and

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

Appeals to the Board.

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 Board all records regarding the matter appealed.

Notice and Hearing for Appeals Including Variances.

Notice. The Board shall:

Fix a reasonable time for the hearing;

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

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.

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

Resolve boundary disputes according to Section 19.07(3)(c);

Decide variance applications according to Section 19.07(3)(d); and

Decide appeals of permit denials according to Section 19.07(4).

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

Be made within a reasonable time;

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

Be a written determination signed by the Chairman or Secretary of the Board;

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

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

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.

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

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

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

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 Section 19.08, Amendments.

Variance.

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

Literal enforcement of the chapter will cause unnecessary hardship;

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 chapter or map must be amended;

The variance is not contrary to the public interest; and

The variance is consistent with the purpose of this chapter in Section 19.01(3).

In addition to the criteria in Subsection (3)(d)1, to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:

The variance shall not cause any increase in the regional flood elevation;

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

Failure to grant the variance would result in exceptional hardship;

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;

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

A variance shall not:

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

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

Be granted for a hardship which is self-created;

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

Allow actions without the amendments to this chapter or map(s) required in Section 19.08, Amendments; and

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

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.

To Review Appeals of Permit Denials.

The zoning agency [Section 19.07(2)] or Board shall review all data related to the appeal. This may include:

Permit application data listed in Section 19.07(1)(b);

Floodway/floodfringe determination data in Section 19.05(1)(e);

Data listed in Section 19.03(3)(a)2 where the applicant has not submitted this information to the Zoning Administrator; and

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

For appeals of all denied permits the Board shall:

Follow the procedures of Section 19.07(3);

Consider zoning agency recommendations; and

Either uphold the denial or grant the appeal.

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

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 Section 19.08, Amendments; and

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.

(5)

Floodproofing Standards.

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 or above the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in Sections 19.02, 19.03, 19.04, 19.05(1), or 19.05(3).

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

Certified by a registered professional engineer or architect; or

Meeting or exceeding the following standards:

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 grade; and

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

Floodproofing measures shall be designed, as appropriate, to:

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

Protect structures to the flood protection elevation;

Anchor structures to foundations to resist flotation and lateral movement;

Minimize or eliminate infiltration of floodwaters;

Minimize or eliminate discharges into floodwaters;

Placement of essential utilities to or above the flood protection elevation; and

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

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

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

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

(6)

Public Information.

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

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

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

§ 19.08 Amendments.

Obstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 19.08(2).

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 Section 19.08(2). Any such alterations must be reviewed and approved by FEMA and the DNR.

In A Zones increases equal to or greater than 1.0 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 Section 19.08(2).

General. The governing body shall change or supplement the floodplain zoning district boundaries and this chapter in the manner outlined in Section 19.08(3) below. 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:

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

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

Any changes to any other officially adopted floodplain maps listed in Section 19.01(5)(b)2; (2)(b);

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;

Correction of discrepancies between the water surface profiles and floodplain maps;

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

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 require prior approval by FEMA.

Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats., § 62.23. The petitions shall include all data required by Sections 19.05(1)(e) and 19.07(1)(b). The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.

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 Wis. Stats., § 62.23.

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

ACCESSORY STRUCTURE OR USE

All persons petitioning for a map amendment that obstructs flow, causing any increase in the regional flood height, 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.

§ 19.09 Enforcement and Penalties.

Any violation of the provisions of this chapter 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 chapter 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 Wis. Stats., § 87.30.

§ 19.10 Definitions and Word Usage.

Unless specifically defined, words and phrases in this chapter shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and is not discretionary.

A ZONES

Those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or 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.

AH ZONE

See "area of shallow flooding."

AO ZONE

See "area of shallow flooding."

A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.

ALTERATION

An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air-conditioning and other systems within a structure.

AREA OF SHALLOW FLOODING

A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent 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 velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

BASEMENT

Any enclosed area of a building having its floor subgrade on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

BUILDING

See "structure."

BULKHEAD LINE

A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Wis. Stats., § 30.11, and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.

CAMPGROUND

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.

CAMPING UNIT

Any portable device, 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.

CERTIFICATE OF COMPLIANCE

A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.

CHANNEL

A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

COASTAL FLOODPLAIN

An area along the coast of Lake Michigan or Lake Superior which is inundated by the regional flood and which is also subject to additional hazard due to wave runup.

COASTAL HIGH HAZARD AREA

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.

CRAWLWAYS OR CRAWL SPACE

An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

DECK

An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation.

DEPARTMENT

The Wisconsin Department of Natural Resources.

DEVELOPMENT

Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

DRYLAND ACCESS

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.

ENCROACHMENT

Any fill, structure, equipment, use or development in the floodway.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

The federal agency that administers the National Flood Insurance Program.

FLOOD FREQUENCY

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.

FLOOD HAZARD BOUNDARY MAP

A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.

FLOOD INSURANCE RATE MAP (FIRM)

A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

FLOOD INSURANCE STUDY

A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

The overflow or rise of inland waters;

The rapid accumulation or runoff of surface waters from any source;

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or

FLOOD PROTECTION ELEVATION

The 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 similarly unusual event.

FLOOD PROFILE

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 of two feet of freeboard above the regional flood elevation. (Also see "freeboard.")

FLOOD STORAGE

Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

FLOODFRINGE

That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

FLOODPLAIN

Land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.

FLOODPLAIN ISLAND

A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

FLOODPLAIN MANAGEMENT

Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

FLOODPROOFING

Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

FLOODWAY

The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

FREEBOARD

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.

HABITABLE STRUCTURE

Any structure or portion thereof used or designed for human habitation.

HEARING NOTICE

Publication or posting meeting the requirements of Ch. 985, Wis. Stats. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.

HIGH FLOOD DAMAGE POTENTIAL

Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is either:

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