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:
A.
Agricultural uses, such as farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
B.
Nonstructural industrial and commercial uses, such as loading areas,
parking areas and airport landing strips.
C.
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.
F.
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.
A.
B.
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:
(1)
The structures are not designed for human habitation and do not have
a high flood damage potential;
(2)
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;
(3)
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
(4)
The structures have all service facilities at or above the flood
protection elevation.
D.
Fills or deposition of materials. Fills or deposition of materials
may be allowed by permit, if:
(2)
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;
(3)
The fill or other materials will be protected against erosion by
riprap, vegetative cover, sheet piling or bulkheading; and
(4)
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:
A.
Habitable structures, structures with high flood damage potential,
or those not associated with permanent open space uses;
B.
Storing materials that are buoyant, flammable, explosive, or injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
C.
Uses not in harmony with or detrimental to uses permitted in the
adjoining districts;
D.
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;
E.
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;
F.
Any solid or hazardous waste disposal sites;
G.
Any wastewater treatment ponds or facilities, except those permitted
under § NR 110.15(3)(b), Wis. Adm. Code;
H.
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.
