A.
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 and anchored to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads; be constructed with flood-resistant
materials; be constructed to minimize flood damages and to ensure
that utility and mechanical equipment is designed and/or located so
as to prevent water from entering or accumulating within the equipment
during conditions of flooding.
B.
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 and all other requirements in § 306-27B. Adequate drainage shall be provided to reduce exposure to flood hazards, and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
A.
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified, in writing, all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of § 306-7 must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.
B.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Article VIII, Amendments, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
Development which requires a permit from the Department, under Chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Article VIII, Amendments.
Public or private campgrounds shall have a low flood damage
potential and shall meet the following provisions:
A.
The campground is approved by the Department of Health Services;
B.
A land use permit for the campground is issued by the zoning administrator;
C.
The character of the river system and the campground elevation are
such that a seventy-two-hour warning of an impending flood can be
given to all campground occupants;
D.
There is an adequate flood warning procedure for the campground that
offers the minimum notice required under this section to all persons
in the campground. This procedure shall include a written agreement
between the campground owner, the municipal emergency government coordinator
and the chief law enforcement official which specifies the flood elevation
at which evacuation shall occur, personnel responsible for monitoring
flood elevations, types of warning systems to be used and the procedures
for notifying at-risk parties, and the methods and personnel responsible
for conducting the evacuation;
E.
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection D, to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;
F.
Only camping units that are fully licensed, if required, and ready
for highway use are allowed;
G.
The camping units shall not occupy any site in the campground for
more than 180 consecutive days, at which time the camping unit must
be removed from the floodplain for a minimum of 24 hours;
H.
All camping units that remain on site for more than 30 days shall
be issued a limited authorization by the campground operator, a written
copy of which is kept on file at the campground. Such authorization
shall allow placement of a camping unit for a period not to exceed
180 days and shall ensure compliance with all the provisions of this
section;
I.
The municipality shall monitor the limited authorizations issued
by the campground operator to ensure compliance with the terms of
this section;
K.
The campground shall have signs clearly posted at all entrances warning
of the flood hazard and the procedures for evacuation when a flood
warning is issued; and
L.
All service facilities, including, but not limited to, refuse collection,
electrical service, gas lines, propane tanks, sewage systems and wells
shall be properly anchored and placed at or floodproofed to the flood
protection elevation.
A.
Statement of purpose.
(1)
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, this section shall apply to flooded
agriculture-cranberry farms (FA-C).
(2)
Cranberry farming uses extensive water management systems that are
often located in areas designated as a special flood hazard area (SFHA).
(3)
Within the SFHA, this chapter 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 chapter are limited to floodplain
management requirements. This section is designed to clarify permit
procedures for routine activities related to cranberry culture.
B.
Applicability.
(1)
The chapter 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.
(2)
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 chapter 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.
C.
Permitted use. Any use or FA development activity which occurs in
an FA-C must meet the requirements in this section.
D.
DEPARTMENT
EXISTING CRANBERRY FARM
FA-C
FA-C DEVELOPMENT ACTIVITIES
MAINTENANCE ACTIVITIES
PERIMETER DIKE
PERMIT REQUIRED
SPECIAL FLOOD HAZARD AREA (SFHA)
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Wisconsin Department of Natural Resources.
The area of established cranberry farming as established pursuant to § 306-11E.
The portions of the existing cranberry farm as defined in § 306-11E and that are subject to the SFHA regulations.
Development activities listed in § 306-11F(4). FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building.
Activities identified in § 306-11G that take place within the boundary of an existing cranberry farm.
The dike or system of dikes that are closest to the boundary
line of the existing cranberry farm, usually the outermost dike.
An FA-C permit is required.
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.
E.
Establishment of existing cranberry farm. The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to Articles III, IV, and § 306-19 of this chapter.)
(1)
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 December 4, 2007. 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.
(2)
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.
F.
Requirements for new FA development activities in flooded agriculture districts/cranberry farms. (For construction or maintenance, please refer to Articles III, IV, and § 306-19 of this chapter.)
(1)
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.
(2)
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 § NR 116.11(3)
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.
(4)
FA development activities include:
(a)
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.
(b)
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.
(c)
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.
(d)
New reservoirs. Construction of a reservoir outside the boundary
of an existing cranberry farm. Includes the use of heavy machinery
for excavation.
(e)
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.
(f)
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.
Rip rap and other material may be used to prevent erosion and failure
of the structure.
(g)
New bed construction. Construction of a new cranberry bed outside
of the boundary of an existing cranberry farm.
H.
Requirements for maintenance activities in flooded agriculture/cranberry
farms.
(1)
Maintenance activities must take place within the boundary of an
existing cranberry farm and below the top of the existing perimeter
dike.
(2)
Maintenance of dikes or impoundments must be conducted such that
the height of the existing dike or impoundment is maintained.
(3)
No spoils 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.
(4)
Maintenance activities include the following:
(a)
New bed drainage within boundary of 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.
(b)
Bed drainage, renovation within boundary of 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.
(c)
New bed leveling within boundary of 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.
(d)
Bed leveling, renovation within boundary of 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.
(e)
New bed planting within boundary of 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.
(f)
Bed planting, renovation within boundary of 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.
(g)
New bed removal of materials or scalping within boundary of
existing cranberry farm. Existing plant material is removed. Plant
material is loaded into trucks and removed.
(h)
Bed removal of materials or scalping, renovation within boundary
of existing cranberry farm. Existing plant material is removed. Plant
material is loaded into trucks and removed.
(i)
New bed sanding within boundary of existing cranberry farm.
Sand is deposited onto the bed surface using heavy equipment to bring
the planting surface to the desired level.
(j)
Bed sanding, renovation within boundary of existing cranberry
farm. Sand is deposited onto the bed surface using heavy equipment
to bring the planting surface to the desired level.
(k)
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.
(l)
New dike or impoundment within boundary of 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.
(m)
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.
(n)
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.
(o)
New ditch within boundary of existing cranberry farm. New ditches
are constructed using heavy machinery. Plant material and debris are
removed.
(p)
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.
(q)
New farm road within boundary of existing cranberry farm. Farm
roads are constructed using placement of materials as appropriate
for the loads expected to be carried.
(r)
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.
(s)
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.
(t)
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.
(u)
Reservoir maintenance and construction of reservoirs within
the boundary of existing cranberry farm. Reservoirs are periodically
excavated to alter or maintain depth levels. Heavy equipment is used
for excavation.
I.
FA-C permits. An FA-C permit shall be obtained before any development
in the FA-C may be initiated. Application to the zoning administrator
shall include:
(2)
Site development plan. A site plan drawn to scale shall be submitted
with the permit application form and shall contain:
(a)
Location, dimensions, area and elevation of the proposed development
area;
(b)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(c)
Location of any structures with distances measured from the
lot lines and street center lines; and
(d)
Location of SFHA floodplain and floodway limits as determined
from the official floodplain Zoning Maps.
(3)
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.
(4)
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.
