Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
This ordinance is intended to regulate floodplain development to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood control projects;
C.
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
D.
Minimize business interruptions and other economic disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas in the floodplain;
G.
Discourage the victimization of unwary land and homebuyers;
H.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
This ordinance shall be known as the Floodplain Zoning Ordinance for the Village of Pleasant Prairie, Wisconsin.
[Amended 3-25-2024 by Ord. No. 24-12; 12-23-2024 by Ord. No. 24-36; 4-14-2025 by Ord. No. 25-09; 6-9-2025 by Ord. No. 25-16; 11-25-2025 by Ord. No. 24-49; 8-11-2025 by Ord. No. 25-36; 2-23-2026 by Ord. No. 26-10; 4-13-2026 by Ord. No. 26-16]
A.
Areas to be regulated.
This ordinance 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 ordinance, where applicable.
B.
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 B(1) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in Subsection B(2) below. These maps and revisions are on file in the Community Development Department of the Village of Pleasant Prairie.
(1)
Official maps: Based on the Flood Insurance Study (FIS):
(a)
Flood Insurance Rate Map (FIRM), panel numbers 55059C0179D, 55059C0183D, 55059C0187D, 55059C0188D, 55059C0189D, 55059C0191D, 55059C0193D, 55059C0194D, 55059C0203D, 55059C0211D, 55059C0213D, 55059C0302D, 55059C0306D, 55059C0307D, 55059C0326D and 55059C0327D, dated June 19, 2012.
(b)
Flood Insurance Rate Map (FIRM), panel numbers 55059C0184E and 55059C0192E, dated March 7, 2017.
(c)
Flood Insurance Rate Map (FIRM), panel numbers 55059C0212E, 55059C0214E, 55059C0216E, 55059C0218E and 55059C0331E, dated April 11, 2024.
(d)
Flood Insurance Study (FIS) for Kenosha County, volumes 55059CV001C, 55059CV002C and 55059CV003C, dated April 11, 2024.
(e)
Letter of Map Revision (LOMR) 12-05-7434P, effective June 20, 2013.
(f)
LOMR 16-05-7542P, effective March 23, 2017.
(g)
LOMR 17-05-1426P, effective September 12, 2017.
(h)
LOMR 18-05-1772P, effective August 9, 2019.
(i)
LOMR 21-05-4480P, effective August 4, 2022.
(j)
LOMR 23-05-0948P, effective March 26, 2024.
(k)
LOMR 23-05-0545P, effective July 25, 2025.
(l)
LOMR 24-05-0361P, effective August 7, 2025.
(m)
Letter of Map Revision Based on Fill (LOMR-F) 24-05-1030A, effective June 20, 2024.
(n)
LOMR-F 24-05-1092A, effective February 29, 2024.
(o)
LOMR 25-05-1111P, effective March 19, 2025.
(p)
LOMR 25-05-0617P, effective April 16, 2026.
(q)
Conditional Letter of Map Revision (CLOMR) 20-05-3166R, issued December 22, 2020.
(r)
LOMR 26-05-0043P, effective June 5, 2026.
(s)
CLOMR 25-05-0683R, issued July 17, 2025.
Approved by: The DNR and FEMA
(2)
Official Maps, based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development.
(a)
Map A-2 titled "Floodplains in the Chiwaukee Prairie-Carol Beach Study Area Under Existing and Future Development Conditions" and Table A-3 titled "100-Year Recurrence Interval Flood Stages for the Chiwaukee Prairie-Carol Beach Study Area Under Existing and Future Development Conditions," pages 189 and 188, respectively, of SEWRPC Community Assistance Planning Report No. 88, titled "A Land Use Management Plan for the Chiwaukee Prairie-Carol Beach Area of the Town of Pleasant Prairie, Kenosha County, Wisconsin," prepared by the Southeastern Regional Planning Commission, February 1985. NOTE: The Special Flood Hazard Area identified on FIRM Panel 55059C0212D, 55059C0214D, 55059C0216D, 55059C0218D, 55059C0327D, 55059C0331D must be the default for floodplain management regulation unless uniquely identified (non-overlapping) flood prone areas on Map A-2 exist; only in the absence of Special Flood Hazard Area can Map A-2 be used.
C.
Establishment of Floodplain Zoning Districts. The flood hazard areas regulated by this ordinance are divided into districts as follows:
(1)
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 § 430-5.1E.
(2)
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 § 430-5.1E, within A Zones shown on the FIRM.
(3)
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.
(4)
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.
(5)
The Coastal AE and AO Zones are the areas that are shown on the FIRM as AE or AO for which the elevation was determined based on a coastal analysis.
D.
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 D(1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII, Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a floodplain development permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development 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 § 430-7.3C and the criteria in Subsection 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 Article VIII, Amendments.
(1)
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.
(2)
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.
E.
Removal of lands from floodplain.
(1)
Compliance with the provisions of this ordinance 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 Article VIII, Amendments.
(2)
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 Zoning Administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
(3)
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 70.
F.
Compliance.
(1)
No structure or use within areas regulated by this ordinance 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.
(2)
Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Article IX.
(3)
Floodplain development permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Zoning Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Article IX.
(4)
As a condition of approval of a floodplain development permit for development allowed under this ordinance on property that is not removed from the regulatory floodplain under § 430-1.5E and Article VIII, the property owner shall record with the Kenosha County Register of Deeds a statement, in a form provided by the Village, acknowledging that development in the regulatory floodplain will result in ongoing restrictions on the use of the property and may require the property owner to obtain flood insurance.
(5)
As a condition of approval of a regulatory floodplain boundary adjustment under § 430-1.5E and Article VIII (including approval of a letter of map revision and execution of a community acknowledgement form), the property owner shall record with the Kenosha County Register of Deeds a statement, in a form provide by the Village, acknowledging that development in the area previously included in the regulatory floodplain will result in ongoing restrictions on the use of the property under Village Ordinances § 420-21.
G.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under § 30.2022, Wis. Stats., 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 Zoning Administrator that the proposed project is a culvert replacement or bridge replacement under twenty-foot span at the same location, the project is exempt from a DNR permit under § 30.123(6)(d), Wis.Stats., 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.
H.
I.
Interpretation. In their interpretation and application, the provisions of this ordinance 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 ordinance, 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 ordinance or in effect on the date of the most recent text amendment to this ordinance.
J.
Warning and disclaimer of liability. The flood protection standards in this ordinance 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 ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance 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 ordinance.
K.
Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
L.
Annexed areas for cities and villages. The Kenosha 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 59 through 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.