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.)
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. 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. 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).]
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.