This chapter regulates all areas that would be covered by the regional flood or base flood within Green Lake County, Wisconsin, as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by the WDNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO Zones. Regional flood elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps listed below and the revisions in the Green Lake County Floodplain Appendix A. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the Flood Insurance Study or on the Flood Insurance Rate Map must be reviewed and approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency through the Letter of Map Change process (see Article IX, Amendments) before it is effective. No changes to regional flood elevations on non-Federal Emergency Management Agency maps shall be effective until approved by the Wisconsin Department of Natural Resources. These maps and revisions are on file in the Land Use Planning and Zoning Department, Green Lake County. If more than one map or revision is referenced, the most restrictive information shall apply.
A. 
Official maps, based on the Flood Insurance Study for unincorporated areas of Green Lake County, Community Number 550165. Applicable map panels: 55047C0010C, 55047C0020C, 55047C0030C, 55047C0034C, 55047C0035C, 55047C0038C, 55047C0039C, 55047C0040C, 55047C0045C, 55047C0051C, 55047C0053C, 55047C0054C, 55047C0058C, 55047C0065C, 55047C0079C, 55047C0082C, 55047C0083C, 55047C0084C, 55047C0087C, 55047C0090C, 55047C0091C, 55047C0092C, 55047C0093C, 55047C0094C, 55047C0101C, 55047C0105C, 55047C0110C, 55047C0111C, 55047C0113C, 55047C0115C, 55047C0120C, 55047C0126C, 55047C0127C, 55047C0130C, 55047C0131C, 55047C0132C, 55047C0133C, 55047C0134C, 55047C0140C, 55047C0155C, 55047C0160C, 55047C0165C, 55047C0170C, 55047C0178C, 55047C0179C, 55047C0180C, 55047C0183C, 55047C0184C, 55047C0186C, 55047C0187C, 55047C0191C, 55047C0192C, 55047C0195C, 55047C0203C, 55047C0204C, 55047C0205C, 55047C0225C; dated February 3, 2010, with corresponding profiles that are based on the Flood Insurance Study 55047CV000A effective February 3, 2010; approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency.
B. 
Official maps, based on other studies:
(1) 
The Inundation Map (with boundaries shown in yellow and red on the original map) for Kingston Dam on the Grand River, the floodway data table and the higher of the dam breach during regional flood (DAMBRK) profile and regional flood no breach (HEC2) profile. These are found in the Hydraulic Evaluation Report for the Kingston Dam prepared by Barrientos & Associates, Inc., and dated February 1991 and approved by the Wisconsin Department of Natural Resources.
(2) 
The Dam Breach Analysis for the Lower Water Quality Improvement Dam for an unnamed tributary to Little Green Lake, prepared by Jonathan D. Lefers, PE, of Montgomery Associates Resource Solutions, LLC, dated November 2008, and approved by the Wisconsin Department of Natural Resources.
(3) 
Letter of Map Revision (LOMR) "Del Monte Foods" FEMA Case No. 13-05-7472P, revising the Flood Insurance Study (FIS) Report and Flood Insurance Rate Map (FIRM) for Community 550165 prepared by Max Franzen and Jeff Quast of Excel Engineering, June 2014.
(4) 
Flood study, "Little Green Lake Discharge," prepared for Green Lake County by MSA Professional Services, April 1997, and Dam Break Exhibit Maps prepared by MSA Professional Services, November 2013, both approved by Wisconsin Department of Natural Resources.
(5) 
"Hydrologic and Hydraulic Report - Swamp Road - Township of Princeton, Princeton, WI" prepared by Badger Engineering & Construction, LLC, and Alieus Engineering, LLC, January 2017. Approved by Wisconsin Department of Natural Resources on February 21, 2017.
(6) 
"The Dam Failure Analysis (DFA) for the Green Lake Dam" prepared by Donohue and Associates, Inc., dated June 18, 1990 and revised August 30, 1990, and approved by the Department of Natural Resources on September 11, 1990. Elements of this approved analysis, adopted by reference into this chapter, include the flood profile labeled "Dam Failure, 100-year Event, Green Lake" in DFA Attachment 5R, the elevations in the column labeled "Maximum Stage Elevation (ft MSL)" associated with locations in the column labeled "Cross Section Location (mi)" in DFA Attachment 5R, and the two map panels titled "100-year Flood Event with Failure of Green Lake Dam" which include cross section locations and a floodway/flood-fringe delineation in DFA Attachment 6. In the case of any apparent discrepancy between the map, profile, and/or elevations, the information in the "Maximum Stage Elevation (ft MSL)" column in Attachment 5R shall govern.
[Added 2-16-2021 by Ord. No. 4-2021]
(7) 
A hydrologic and hydraulic analysis of the Grand River between Utley Road and CTH Q prepared by Badger Engineering and Construction, LLC, approved by the Wisconsin Department of Natural Resources on July 7, 2021. Elements of this approved analysis adopted by reference into this subsection include the elevations in the table column labeled "W.S. Elev (ft)" as shown on page four of the report titled "Hydrologic & Hydraulic Review, Grand River – Utley Road & CTH Q, Green Lake County, WI" dated July 2021 and the topographic work map dated June 30, 2021, associated with the study showing floodway and floodfringe limits. In the case of any apparent discrepancy between the elevation shown at the boundary on the map at any numbered cross section and the elevation listed for the same numbered cross section in referenced report data table, the information in the data table shall govern.
[Added 4-19-2022 by Ord. No. 5-2022]
The regional floodplain areas are divided into three districts as follows:
A. 
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 and are contained within AE Zones as shown on the FIRM.
B. 
The Flood-Fringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
C. 
The General Floodplain District (GFP) is those areas that have been or may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AE (rarely), AH, and AO Zones on the FIRM.
Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection A or B below. If a significant difference exists, the map shall be amended according to Article IX, Amendments. The County Land Use Planning and Zoning Department 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 County Land Use Planning and Zoning Department shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the County Land Use Planning and Zoning Department and an applicant over the district boundary line shall be settled according to § 300-40C and the criteria in Subsections A and B 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 IX, Amendments.
A. 
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.
B. 
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
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 Article IX, Amendments.
Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter and other applicable local, state, and federal regulations.
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 § 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.
The flood protection standards in this chapter are based on engineering experience and scientific 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. Nor does this chapter 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.
The 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 to 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 Land Use Planning and Zoning Department. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
A. 
The County Land Use Planning and Zoning Department shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
B. 
Subdivisions shall be reviewed for compliance with the above standards. 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. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.