City of Watertown, WI Article II General Provisions

§ 532-5 Compliance; other permits.

[Amended 10-20-2020 by Ord. No. 20-24]

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.

§ 532-6 Areas to be regulated.

A. This chapter regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. 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.

B. 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.

§ 532-7 Abrogation and greater restrictions.

A. This chapter supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 for cities or § 87.30, Wis. Stats., 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.

[Amended 10-20-2020 by Ord. No. 20-24]

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

§ 532-8 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Ch. NR 116 or NR 117, Wis. Adm. Code, and where the provision of this chapter is unclear, the provision shall be interpreted in light of the Chs. NR 116 and NR 117 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.

§ 532-9 Warning and disclaimer of liability.

The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased by man-made or natural causes such as ice dams or bridge openings restricted by debris. Therefore, this chapter does not imply that areas outside of the delineated floodplain or permitted land uses within the floodplain will be totally free from flooding and associated flood damages; nor does this chapter create liability on the part of, or a cause of action against, the City or any officer or employee thereof for any flood damage that may result from reliance on this chapter.

§ 532-10 Annexed areas.

The Dodge and Jefferson County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the municipality 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 office of the City's Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.

§ 532-11 Zoning maps.

[Amended 1-6-2015 by Ord. No. 14-33; 3-19-2019 by Ord. No. 19-2; 10-20-2020 by Ord. No. 20-24; 7-5-2022 by Ord. No. 22-63]

The maps designated below are hereby adopted and made part of this chapter. The boundaries of all floodplain districts are designated as floodplains or A Zones (A, AE, AH, AO or A1-30) on the maps based on the Flood Insurance Study (FIS) listed below and the revisions in the Watertown Floodplain Appendix. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see Article VII, Amendments) 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 Public Works Director/City Engineer, City of Watertown, Wisconsin. If more than one map or revision is referenced, the most restrictive information applies. See also § 532-7B.

A. Official maps based on the FIS.

(1) FEMA Digital Flood Insurance Rate Maps (DFIRM) for Jefferson County, Panels Nos. 55055C0067F, 55055C0078F, 55055C0079F, 55055C0086F, 55055C0087F, and 55055C0088F, dated February 4, 2015, based on the Flood Insurance Study (FIS) 55055CV001B and 55025CV002B, dated February 4, 2015.

(2) FEMA Digital Flood Insurance Rate Maps (DFIRM) for Dodge County, Panels Nos. 55027C0659G, 55027C0676G, 55027C0678G and 55027C0679G, dated May 19, 2014, based on the Flood Insurance Study (FIS) 55027CV000C, dated May 19, 2014.

B. 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.

(1) Upper Watertown (a/k/a "Rough and Ready") Dam Failure Analysis approved by the Department of Natural Resources on November 4, 2004, including:

(a) The elevations (NGVD29 datum) shown in the column titled "WS Elev" in the data table labeled "Upper Watertown DAMBRK Study (Dam Breach Scenario)," published by Mead & Hunt, dated April 2004.

(b) The flood profile labeled "WS Max WS — Breach" as shown in Exhibit 6 of the report entitled "Dam Failure Analysis — Upper Watertown Dam — Rock River," published by Mead & Hunt, dated February 2004. In the case of any apparent discrepancy between this profile and the data table referenced in Subsection B(1)(a) above, the information in the data table shall govern.

(c) Maps as shown in Exhibit 7 of the report entitled "Dam Failure Analysis — Upper Watertown Dam — Rock River," published by Mead & Hunt, dated February 2004. In the case of any apparent discrepancy between the map and the data table referenced in Subsection B(1)(a) above, the information in the data table shall govern.

(2) Lower Watertown Dam Failure Analysis approved by the Department of Natural Resources in October 1987, including:

(a) The elevations (NGVD29 datum) shown in the column titled "Max Elev (ft)" in the data table titled "Profile of Crests and Times for Rock River Below Watertown Dam" under the "RUN-B" output printout as shown in Appendix C of the report entitled "Phase 1 - Compliance with State Statutes - Lower Watertown Dam, Rock River - Jefferson County, Wisconsin," published by Warzyn Engineering, Inc., dated September 1987.

(b) The flood profile labeled "Breach Flood Profile" as shown in Figure C1 of the report entitled "Phase 1 - Compliance with State Statutes - Lower Watertown Dam, Rock River - Jefferson County, Wisconsin," published by Warzyn Engineering, Inc., dated September 1987. In the case of any apparent discrepancy between this profile and the data table referenced in Subsection B(2)(a) above, the information in the data table shall govern.

(c) The map labeled "Hydraulic Shadow - Lower Watertown Dam" as shown in Map C1 of the report entitled "Phase 1 - Compliance with State Statutes - Lower Watertown Dam, Rock River - Jefferson County, Wisconsin," published by Warzyn Engineering, Inc., dated September 1987. In the case of any apparent discrepancy between this map and the data table referenced in Subsection B(2)(a) above, the information in the data table shall govern.

(d) If the Lower Watertown Dam is "compliant" as defined in NR 116.08(3)(a), Subsection B(2)(a) through (c) above shall not apply.

(3) Letter of Map Revision (LOMR) Case #18-05-4306P, effective date February 26, 2019.