This chapter regulates all areas that would be covered by the
regional flood or base flood. (Note: Base flood elevations are derived
from the flood profiles in the Flood Insurance Study. Regional flood
elevations may be derived from other studies. Areas covered by the
base flood are identified as A Zones on the Flood Insurance Rate Map.)
A.Â
Official Map.
(1)Â
The boundaries of all floodplain districts are designated as floodplains
or A Zones on the maps listed below and the revisions in the Village
of Baldwin Floodplain Appendix. Any change to the base flood elevations
(BFE) in the Flood Insurance Study (FIS) or on the Flood Insurance
Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA
before it is effective. No changes to regional flood elevations (RFEs)
on non-FEMA maps shall be effective until approved by the DNR. These
maps and revisions are on file in the office of the Village of Baldwin,
Baldwin Municipal Center, 400 Cedar Street, Baldwin, Wisconsin. If
more than one map or revision is referenced, the most restrictive
information shall apply.
(2)Â
Official maps. Based on the FIS:
(a)Â
Flood Insurance Rate Map (FIRM), panel number 55109C0385E, 55109C0395E,
55109C0403E, 55109C0405E, and 55109C0415E dated March 16, 2009, with
corresponding profiles that are based on the Flood Insurance Study
(FIS) dated March 16, 2009, Volume 55109CV000A. Approved by: The DNR
and FEMA
(b)Â
Letter of Map Revision (LOMR) for Baldwin Creek covering the
stream reach from Cross Section A to F. Based on FEMA Case Number
09-05-1751P, FIRM Panels 385 and 403 are annotated to reflect the
LOMR with effective date April 16, 2009. Approved by: The DNR and
FEMA.
[Added 11-11-2009]
B.Â
Districts. The regional floodplain areas are divided into three districts
as follows:
(1)Â
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.
(2)Â
The Flood-Fringe District (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
(3)Â
The General Floodplain District (GFP) is those areas that have been
or may be covered by floodwater during the regional flood.
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 § 594-37. 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 and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to § 594-33E and the criteria in Subsections A and B below.
A.Â
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. (Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 594-37F.)
B.Â
Where flood profiles do not exist, the location of the boundary shall
be determined by the map scale, visual on-site inspection and any
information provided by the Department.
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 § 594-37. [Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC).]
A.Â
Compliance. 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.
B.Â
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 § 13.48(13), Wis. Stats.,
applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.2022, Wis. Stats., applies.
A.Â
Greater restrictions. This chapter supersedes all the provisions
of any municipal zoning ordinance enacted under § 61.35,
62.23 or 87.30, Wis. Stats., which relate to floodplains. If another
ordinance is more restrictive than this chapter, that ordinance shall
continue in full force and effect to the extent of the greater restrictions,
but not otherwise.
B.Â
Abrogation. 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.
C.Â
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.
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 non-floodplain
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 St. Croix County floodplain zoning provisions in effect
on the date of annexation shall remain in effect and shall be enforced
by the Village of Baldwin for all annexed areas until the municipality
adopts and enforces an ordinance which meets the requirements of Ch.
NR 116, Wis. Adm. Code, and the 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 location of the floodway.
The community 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 materials resistant to flood damage; be constructed by methods
and practices that minimize flood damages; and be constructed with
electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities designed and/or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding. 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.
A.Â
Hydraulic and hydrologic analysis.
(2)Â
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection A(3) are met.
(3)Â
Obstructions or increases equal to or greater than 0.01 foot 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 § 594-37. (Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.)
B.Â
Watercourse alterations.
(1)Â
No land use permit to alter or relocate a watercourse in a mapped
floodplain shall be issued until the Zoning Administrator 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 flood-carrying capacity of any altered or relocated
watercourse shall be maintained.[1]
(2)Â
As soon as is practicable, but not later than six months after the
date of the watercourse alteration or relocation, the Zoning Administrator
shall notify FEMA of the changes by submitting appropriate technical
or scientific data in accordance with NFIP guidelines that shall be
used to revise the FIRM, risk premium rates and floodplain management
regulations as required.
C.Â
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 floodway lines, water surface profiles, BFEs established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or this chapter are made according to § 594-37.
D.Â
Public or private campgrounds. Public or private campgrounds shall
have a low flood damage potential and shall meet the following provisions:
(1)Â
The campground is approved by the Department of Health and Family
Services.
(2)Â
A land use permit for the campground is issued by the Zoning Administrator.
(3)Â
The character of the river system and the elevation of the campground
are such that a seventy-two-hour warning of an impending flood can
be given to all campground occupants.
(4)Â
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 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.
(5)Â
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 D(4), to remain in compliance with all applicable regulations, including those of the State Department of Health Services and all other applicable regulations.
(6)Â
Only camping units are allowed.
(7)Â
The camping units may not occupy any site in the campground for more
than 180 consecutive days, at which time the camping unit must be
removed from the floodplain for a minimum of 24 hours.
(8)Â
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 for a period not to exceed
180 days and shall ensure compliance with all the provisions of this
section.
(9)Â
The municipality shall monitor the limited authorizations issued
by the campground operator to assure compliance with the terms of
this section.
(11)Â
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.
(12)Â
All service facilities, including but not limited to refuse
collection, electrical service, natural gas lines, propane tanks,
sewage systems and wells, shall be properly anchored and placed at
or floodproofed to the flood protection elevation.