This chapter is adopted pursuant to the authorization in § 62.23
and the requirements in § 87.30, Wis. Stats.
Uncontrolled development and use of the floodplains and rivers
of this municipality would impair the public health, safety, convenience,
general welfare and tax base.
This chapter is intended to regulate floodplain development
to:
A.
Protect life, health and property;
B.
Minimize expenditures of public funds for flood-control projects;
C.
Minimize rescue and relief efforts undertaken at the expense of the
taxpayers;
D.
Minimize business interruptions and other economic disruptions;
E.
Minimize damage to public facilities in the floodplain;
F.
Minimize the occurrence of future flood blight areas in the floodplain;
G.
Discourage the victimization of unwary land and home buyers;
H.
Prevent increases in flood heights that could increase flood damage
and result in conflicts between property owners; and
I.
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
This chapter shall be known as the "Floodplain Zoning Ordinance
for the City of New Lisbon, Wisconsin."
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.
A.
The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any change 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 VIII, Amendments) before it is effective. No changes to 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 Municipal Clerk-Treasurer in the City of New Lisbon. If more than one map or revision is referenced, the most restrictive information shall apply.
B.
Official Maps based on the FIS; approved by the DNR and FEMA:
(1)
Flood Insurance Rate Map (FIRM), panel number 55057C0243D, 55057C0244D,
55057C0331D, 55057C0332D, dated October 16, 2012, with corresponding
profiles that are based on the Flood Insurance Study (FIS) dated October
16, 2012, and volume number 55057CV000A.
The regional floodplain areas are divided into three districts
as follows:
A.
The floodway district (FW) is the channel of a river or stream and
those portions of the floodplain adjoining the channel required to
carry the regional floodwaters and contained within AE Zones as shown
on the FIRM.
B.
The flood-fringe district (FF) is that portion between the regional
flood limits and the floodway and displayed as AE Zones on the FIRM.
C.
The general floodplain district (GFP) is that area that may be covered
by floodwater during the regional flood and does not have a BFE or
floodway boundary determined, including A, AH and AO Zones on the
FIRM.
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 Article VIII, Amendments. 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 pre-development 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 § 500-38C and the criteria in Subsections A and B below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Article VIII, Amendments.
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.
B.
Where flood profiles do not exist for projects, the location of the
boundary shall be determined by the map scale.
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 Article VIII, Amendments.
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.
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.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 62.23 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.[1]
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. If this chapter imposes
greater restrictions, the provisions of this chapter shall prevail.
In their interpretation and application, the provisions of this
chapter are the minimum requirements liberally construed in favor
of the governing body and are not a limitation on or repeal of any
other powers granted by the Wisconsin Statutes. If a provision of
this chapter, required by Ch. NR 116, Wis. Adm. Code, is unclear,
the provision shall be interpreted in light of the 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.
The flood protection standards in this chapter are based on
engineering experience and 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 nonfloodplain areas or permitted
floodplain uses will be free from flooding and flood damages. This
chapter does not 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 Juneau County floodplain zoning provisions in effect on
the date of annexation shall remain in effect and shall be enforced
by the municipality for all annexed areas until the municipality adopts
and enforces an ordinance which meets the requirements of Ch. NR 116,
Wis. Adm. Code and 44 CFR 59-72, 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 Municipal Zoning Administrator. All plats
or maps of annexation shall show the regional flood elevation and
the floodway location.
