The federal government created the National Flood Insurance Program (NFIP) to establish flood risk zones and to provide flood insurance to property owners in communities that adopt and enforce floodplain regulations in accordance with regulatory floodplain maps approved by the Federal Emergency Management Agency (FEMA). In recognition of the NFIP's requirements, the following article shall apply to flooded agriculture cranberry farms (FA-C). Cranberry farming uses extensive water management systems that are often located in areas designated as a special flood hazard area (SFHA). Within the SFHA, this article establishes the minimum floodplain regulations, which apply to maintenance and FA-C development activities, and it preserves the orderly and efficient use of land for agricultural purposes. The provisions of this article are limited to floodplain management requirements. This article is designed to clarify permit procedures for routine activities related to cranberry culture.
The ordinance provisions for this district shall apply to all flooded agriculture-cranberry farms (FA-C) in the SFHA as identified on the effective Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) for the community. The intent of this district is to provide a consistent regulatory framework for both maintenance and development activities, which are required for the efficient management of a cranberry farming operation. These provisions describe the activities associated with FA-C, the potential for each activity to impact the base flood elevation (BFE) or floodway and the requirements for each activity. This article does not apply to the construction, maintenance, repair or modification of any building in this district. Buildings and all other development activities not associated with cranberry farming are regulated by other sections of this Floodplain Zoning Ordinance.
Any use or FA development activity which occurs in an FA-C must meet the requirements in this article.
As used in this article, the following terms shall have the meanings indicated:
DEPARTMENT
The Wisconsin Department of Natural Resources.
EXISTING CRANBERRY FARM
The area of established cranberry farming as established pursuant to § 208-15.
FA-C
The portions of the existing cranberry farm as defined in § 208-15 and that are subject to the SFHA regulations.
FA-C DEVELOPMENT ACTIVITIES
Are development activities listed in § 208-16D. FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building.
MAINTENANCE ACTIVITIES
Activities identified in § 208-18D that take place within the boundary of an existing cranberry farm.
PERIMETER DIKE
The dike or system of dikes that are closest to the boundary line of the existing cranberry farm, usually the outermost dike.
PERMIT REQUIRED
An FA-C permit is required.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area having special flood hazards and is shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map as an A, AE, AH or AO Zone.
The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to Articles IV, V and VI of this chapter.
A. 
To establish the boundary of an "existing cranberry farm," a person must file with the community a certified legal description of the farm boundary as it existed on September 17, 2020. The area of existing use includes all farm production areas, all farm support land and all farm support areas, including dikes, impoundments, water storage reservoirs, ditches, sand stockpiles and roads. The area of established use does not include buildings.
B. 
Upon issuance of the FA-C permit, the FA-C development that is completed in accordance with the FA-C permit shall be established as an existing cranberry farm upon completion.
For construction or maintenance, please refer to Articles IV, V and VI of this chapter.
A. 
A Zones: FA-C development activities in an A Zone may not cause a cumulative impact on the base flood elevation (BFE) of more than one foot at any point on the waterway. If any project causes an increase in flooding elevations that would impact other properties, then the provisions of the community's floodplain zoning standards apply. Increases equal to or greater than one foot would require submittal of the engineering study to FEMA for a conditional letter of map revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary.
B. 
AE Zones: FA-C development activities in the designated floodway of an AE Zone must be analyzed using the current, effective hydraulic model to ensure that the project does not cause an increase to the BFE. If any project causes an increase in flooding elevations that would impact other properties, the provisions of Ch. NR 116.11(3), Wis. Adm. Code, apply. Any increase requires submittal of the engineering study to FEMA for a conditional letter of map revision (CLOMR). It is the project sponsor's responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community's request. It is the community's responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary.
C. 
All FA-C development activities require an FA-C permit in accordance with § 208-19.
D. 
FA development activities include:
(1) 
New dikes and impoundments. Construction of a dike or an impoundment outside the boundary of an existing cranberry farm. Includes the use of heavy machinery.
(2) 
New ditches. Construction of a new ditch outside the boundary of an existing cranberry farm. Includes the use of heavy machinery to dig the ditch and the removal of plant and debris material.
(3) 
New farm roads. Construction of a farm road outside the boundary of an existing cranberry farm. Includes the placement of materials as appropriate to build a road that is adequate for expected loads.
(4) 
New reservoirs. Construction of a reservoir outside the boundary of an existing cranberry farm. Includes the use of heavy machinery for excavation.
(5) 
Sand mining. Sand mining outside the boundary of an existing cranberry farm. Includes the extraction and stockpiling of sand using heavy equipment or hydraulic dredges.
(6) 
New water control structures. Placement of a water control structure in a ditch or reservoir outside the boundary of an existing cranberry farm. Includes the placement of a bulkhead or other water control structure in a dike to control water movement in ditches and reservoirs. Riprap and other material may be used to prevent erosion and failure of the structure.
(7) 
New bed construction. Construction of a new cranberry bed outside of the boundary of an existing cranberry farm.
A. 
Maintenance activities conducted in accordance with § 208-18 in the designated floodway of an A Zone or an AE Zone will not cause an increase in the BFE.
B. 
Maintenance activities do not require an FA-C permit.
A. 
Maintenance activities must take place within the boundary of an existing cranberry farm and below the top of the existing perimeter dike.
B. 
Maintenance of dikes or impoundments must be conducted such that the height of the existing dike or impoundment is maintained.
C. 
No spoil materials may be placed such that the height of the top of the perimeter dike on an existing cranberry farm is increased above the established height of the perimeter dike. If spoils materials are placed outside of the existing farm perimeter dike but within the existing farm boundary, then they must be placed outside of the SFHA, must meet the cumulative impact requirement for an A Zone or must be in the nonfloodway portion of an AE Zone.
D. 
Maintenance activities include the following:
(1) 
New bed drainage within the boundary of an existing cranberry farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage.
(2) 
Bed drainage - renovation within the boundary of an existing cranberry farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage.
(3) 
New bed leveling within the boundary of an existing cranberry farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes.
(4) 
Bed leveling - renovation within the boundary of an existing cranberry farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes.
(5) 
New bed planting within the boundary of an existing cranberry farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes.
(6) 
Bed planting - renovation within the boundary of an existing cranberry farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes.
(7) 
New bed removal of materials or scalping within the boundary of an existing cranberry farm. Existing plant material is removed. Plant material is loaded into trucks and removed.
(8) 
Bed removal of materials or scalping - renovation within the boundary of an existing cranberry farm. Existing plant material is removed. Plant material is loaded into trucks and removed.
(9) 
New bed sanding within the boundary of an existing cranberry farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level.
(10) 
Bed sanding - renovation within the boundary of an existing cranberry farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level.
(11) 
Dike - seeding. Reservoirs and bed dikes are seeded to stabilize banks and prevent erosion. Most seeding is done with a hydro seeder after a suitable planting medium has been placed on the area to be seeded.
(12) 
New dike or impoundment within the boundary of an existing cranberry farm. New construction of dikes and impoundments and placement of new water control structures within the established perimeter of an existing cranberry farm.
(13) 
Dike or impoundment - repair/maintenance of existing structures. Includes excavating adjacent to dikes to increase storage capacity and control of water flow, excavating sand from a reservoir to increase the water storage capacity, installation of splitter dikes to manage water flow and subdivide reservoirs, and replacement of existing water control structures.
(14) 
Ditch - cleaning and maintenance of existing ditches. Drainage and irrigation ditches are cleaned using heavy equipment to remove plant material and debris. Spoils cannot be placed on the ditch side of any adjacent dike.
(15) 
New ditch within the boundary of an existing cranberry farm. New ditches are constructed using heavy machinery. Plant material and debris are removed.
(16) 
Farm road - maintenance of existing roads. Farm roads are graded and repaired to maintain height, stability and width. Sand or gravel is placed in damaged areas. Culverts are replaced. Roads are mowed to prevent growth of brush or flowers that serve as competition for pollinators.
(17) 
New farm road within the boundary of an existing cranberry farm. Farm roads are constructed using placement of materials as appropriate for the loads expected to be carried.
(18) 
Harvest - flood. Water is released from storage areas and gravity flowed or pumped into production (cranberry bed) areas. An initial "raking" flood of six inches to 12 inches is applied. After harvest machinery moves through the beds, the water level is increased above the vine canopy to allow the fruit to be corralled and removed.
(19) 
Irrigation - flood. Water is released from the reservoir or pumped onto the beds to provide a flood for insect control or protection during severe weather. Water is then returned to the reservoir or other water body.
(20) 
Irrigation system maintenance and renovation. Periodic repair of cranberry bed sprinkler systems includes nozzle replacement; mainline replacement with aluminum or plastic materials; burial of laterals; upgrades to pumping systems and construction of pumping stations within the perimeter of the most external impoundment of the farm.
(21) 
Reservoir maintenance and construction of reservoirs within the boundary of an existing cranberry farm. Reservoirs are periodically excavated to alter or maintain depth levels. Heavy equipment is used for excavation.
An FA-C permit shall be obtained before any development in the FA-C may be initiated. Application to the Zoning Administrator shall include:
A. 
General information.
(1) 
Name and address of the applicant, property owner and contractor;
(2) 
Legal description of the proposed development area; and
(3) 
Statement that the proposed use is cranberry farming.
B. 
Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
(1) 
Location, dimensions, area and elevation of the proposed development area;
(2) 
Location of the ordinary high water mark of any abutting navigable waterways;
(3) 
Location of any structures with distances measured from the lot lines and street center lines; and
(4) 
Location of SFHA floodplain and floodway limits as determined from the Official Floodplain Zoning Maps.
C. 
A Zone application. An application for FA-C development activity in an A Zone shall include a certificate of no-rise or a technical analysis sufficient to show that the proposed development will not cause a cumulative impact on the base flood elevation (BFE) of more than one foot within the regulatory floodway of a particular reach on the waterway.
D. 
AE Zone application. An application for FA-C development activity in an AE Zone shall include submission of a certificate of no-rise. If the analysis shows the project will cause an increase greater than 0.00 feet in the BFE, then the project sponsor shall provide the community with information necessary for the community to evaluate the proposed project.