This article applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 724-31 of this chapter.
The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if they are not prohibited by any other ordinance; they meet the standards in §§ 724-23 and 724-24; and all permits or certificates have been issued according to § 724-36:
Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 724-23D.
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, that comply with Chs. 30 and 31, Wis. Stats.
Any development in floodway areas shall comply with Article II of this chapter and have a low flood damage potential.
Applicants shall provide the following data to determine the effects of the proposal according to § 724-17:
Structures. Structures accessory to permanent open space uses, classified as historic structures, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
The structures are not designed for human habitation and do not have a high flood damage potential;
The structures are constructed and placed on the building site so as to increase flood heights less than 0.01 foot and minimally obstruct the flow of floodwaters. Structures shall be constructed with the long axis parallel to the flow of floodwaters and on the same line as adjoining structures;
The structures are properly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river; and
The structures have all service facilities at or above the flood protection elevation.
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344 has been issued, if applicable, and the other requirements of this section are met;
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
The fill is not classified as a solid or hazardous material.
All uses not listed as permitted uses in § 724-22 are prohibited, including the following uses:
Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
Storing materials that are buoyant, flammable, explosive, or injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
Any solid or hazardous waste disposal sites;
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code;
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.