The provisions of this article shall apply to all areas within the Floodway District, as shown on the official Floodplain Zoning Maps, and to the floodway portion of the General Floodplain District.
The following open space uses are permitted within the Floodway District, and in the floodway portion of the General Floodplain District, provided that they are not prohibited by any other regulations, and provided further that they meet all of the standards contained in § 437-28, and all permits or certificates required under this chapter have been issued:
A.
Agricultural uses, such as: general farming, pasturing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod fanning and wild crop harvesting.
B.
Nonstructural industrial and commercial uses, such as: loading areas, parking areas, and airport landing strips.
C.
Nonstructural private and public recreational uses, such as: golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
F.
Functionally water-dependent uses such as docks, piers or wharves, including those used as part of a marina; other water related uses such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines and pipelines may be allowed if all other necessary local, state and federal permits are secured including Ch. 30 or 31, Wis. Stats., permits for the Department.
A.
General requirements.
(2)
Applicants shall provide the following data for the Zoning Administrator to determine the effects of the proposal according to § 437-18:
(3)
The Zoning Administrator shall deny the permit application where it is determined the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for § 437-29A(2) above.
B.
Structures. Only structures which are accessory to permitted open space uses, or are essential for historical areas, or are functionally dependent on a waterfront location, may be allowed by permit, providing the structures meet all of the following criteria:
(1)
The structures are not designed for human habitation;
(2)
The structures are constructed and placed on the building site so as to cause an increase less than 0.01 foot in flood height and offer minimum obstruction to the flow of floodwaters. Structures shall be constructed with the longitudinal axis parallel to the direction of flow of floodwaters, and approximately on the same line as those of adjoining structures;
(3)
The structures are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river; and
(4)
The structures have all service facilities, such as electrical and heating equipment at or above the flood protection elevation for the particular area.
C.
Utilities. Public utilities, streets and bridges, provided that:
(1)
Adequate floodproofing measures are provided to the flood protection elevation;
D.
Fills. Fills or deposition of materials may be allowed by permit, provided that:
(2)
The fill or deposition of materials does not encroach on the channel area between the ordinary high-water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been issued, if applicable, and the other requirements of this section are met;
(3)
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling and/or bulkheading sufficient to prevent erosion; and provided that
(4)
Such fills are not associated with private, public or hazardous solid waste disposal.
All uses not listed as permitted uses in § 437-28 are prohibited within the floodway district and in the floodway portion of the general floodplain district, including the following uses which are always prohibited in the floodway:
A.
Storage of any materials that are buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
B.
Any uses which are not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts;
C.
All private or public on-site sewage disposal 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;
E.
All solid and hazardous waste disposal sites, whether public or private.
F.
All wastewater treatment ponds or facilities except those permitted under § NR 110.15(3)(b), Wis. Adm. Code;
G.
All sanitary sewer or water lines except those to service existing or proposed development outside the floodway which complies with the regulations for the floodplain area occupied.
H.
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses.