This ordinance is adopted pursuant to the authorization in §§ 61.35
and 62.23, for villages and cities; 59.69, 59.692, and 59.694 for
counties; 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 ordinance is intended to regulate floodplain development
to:
(1)
Protect life, health and property;
(2)
Minimize expenditures of public funds for flood control projects;
(3)
Minimize rescue and relief efforts undertaken at the expense of the
taxpayers;
(4)
Minimize business interruptions and other economic disruptions;
(5)
Minimize damage to public facilities in the floodplain;
(6)
Minimize the occurrence of future flood blight areas in the floodplain;
(7)
Discourage the victimization of unwary land and homebuyers;
(8)
Prevent increases in flood heights that could increase flood damage
and result in conflicts between property owners; and
(9)
Discourage development in a floodplain if there is any practicable
alternative to locate the activity, use or structure outside of the
floodplain.
This ordinance shall be known as the Oneida County Floodplain
Zoning Ordinance for Oneida County, Wisconsin.
(1)
Areas to be Regulated. This ordinance 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.
(2)
Official Maps and Revisions. 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 changes 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 Planning and Zoning Department, Oneida County. If more than one map or revision is referenced, the most restrictive information shall apply.
[Amended by Res. No. 46-2013]
(a)
Official Maps. Based on the FIS.
1.
Flood Insurance Rate Map (FIRM), panel numbers:
55085C0020C, 55085C0040C, 55085C0045C,
55085C0065C, 55085C0070C, 55085C0090C,
55085C0095C, 55085C0120C, 55085C0140C,
55085C0145C, 55085C0165C, 55085C0195C,
55085C0215C, 55085C0220C, 55085C0235C,
55085C0245C, 55085C0255C, 55085C0260C,
55085C0265C, 55085C0270C, 55085C0280C,
55085C0285C, 55085C0290C, 55085C0295C,
55085C0305C, 55085C0310C, 55085C0315C,
55085C0320C, 55085C0330C, 55085C0333C,
55085C0335C, 55085C0339C, 55085C0340C,
55085C0341C, 55085C0343C, 55085C0345C,
55085C0355C, 55085C0360C, 55085C0365C,
55085C0370C, 55085C0380C, 55085C0385C,
55085C0390C, 55085C0395C, 55085C0405C,
55085C0410C, 55085C0415C, 55085C0420C,
5085C0430C, 55085C0435C, 55085C0440C,
5085C0445C, 55085C0460C, 55085C0470C,
55085C0480C, 55085C0485C, 55085C0490C,
55085C0495C, 55085C0505C, 55085C0510C,
55085C0515C, 55085C0520C, 55085C0530C,
55085C0535C, 55085C0540C, 55085C0545C,
55085C0556C, 55085C0557C, 55085C0558C,
55085C0559C, 55085C0565C, 55085C0570C,
55085C0578C, 55085C0579C, 55085C0580C,
55085C0585C, 55085C0587C, 55085C0589C,
55085C0590C, 55085C0591C, 55085C0592C,
55085C0593C, 55085C0594C, 55085C0605C,
55085C0610C, 55085C0615C, 55085C0620C,
55085C0630C, 55085C0635C, 55085C0640C,
55085C0645C, 55085C0655C, 55085C0660C,
55085C0665C, 55085C0670C, 55085C0685C,
55085C0695C, 55085C0705C, 55085C0710C,
55085C0715C, 55085C0720C, 55085C0730C,
55085C0735C, 55085C0740C, 55085C0742C,
55085C0745C, 55085C0753C, 55085C0754C,
55085C0755C, 55085C0760C, 55085C0761C,
55085C0762C, 55085C0770C, 55085C0780C,
55085C0785C, 55085C0790C, 55085C0795C,
55085C0802C, 55085C0805C, 55085C0807C,
55085C0810C, 55085C0815C, 55085C0820C,
55085C0830C, 55085C0835C, 55085C0840C,
55085C0845C, 55085C0855C, 55085C0860C,
55085C0865C, 55085C0870C, 55085C0880C,
55085C0885C, 55085C0890C, 55085C0895C,
55085C0930C, 55085C0935C, 55085C0955C,
55085C0960C, 55085C0980C,
prepared by Federal Emergency Management Agency; with corresponding
profiles that are based on the Flood Insurance Study (FIS) dated May
16, 2013. Volume numbers (55085CV000A).
2.
100-year Dam Failure Study downstream of the Killarney Lake
Dam in Sections 24, 25 and 36, T36N, R5E, located in the Town of Little
Rice, dated March 1, 1991 (File No. 90357.01) prepared by Short, Elliot
and Hendrickson. Approved by DNR and FEMA November 6, 1992.
3.
100-year Dam Failure Study downstream of Spruce Lake Dam located
in the E 1/4, of SE 1/4, in Section 22, T38N, R7E, located in the
Town of Cassian, dated August 9, 1995 prepared by Pete Wuzer of the
Natural Resources Conservation Service. Approved by DNR March 28,
1996.
4.
100-year Dam Failure Study downstream of the Fish Hatchery Dam
in Section 8, T39N, R7E, located in the Town of Woodruff, dated February
2015 prepared by General Engineering Company. Approved by DNR April
24, 2015.
[Amended by Res. No. 67-2015]
5.
100-year Dam Failure Study downstream of Maple Lake Dam located in
Section 6, T38N, R11E, located in the Town of Three Lakes, dated February
13, 2014, prepared by MSA Professional Services. Approved by DNR February
25, 2014.
[Added by Res. No. 32-2018[1]]
[1]
Editor's Note: This resolution also provided for the
renumbering of former Subsection 5 as Subsection 6.
6.
Floodplain Study Appendix. All DNR- and FEMA-approved floodplain
maps, flood profiles, floodway data tables, regional or base flood
elevations and other information located in the appendix of this ordinance.
The community shall provide the most up to date appendix to the DNR
and FEMA regional offices.
(3)
Establishment of Floodplain Zoning Districts. 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 are contained within AE Zones
as shown on the FIRM.
(b)
The Floodfringe District (FF) is that portion of the floodplain
between the regional flood limits and the floodway.
(c)
The General Floodplain District (GFP) is those areas that have
been or may be covered by floodwater during the regional flood.
(4)
Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subdivision (a) or (b) below. If a significant difference exists, the map shall be amended according to Article VIII.
Amendments. The Zoning Director can rely on a boundary derived
from a profile elevation to grant or deny a zoning permit, whether
or not a map amendment is required. The Zoning Director 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 Director and an applicant over the district boundary line shall
be settled according to § 7.3(3) and the criteria in (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 § 8.0 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.
(5)
Removal of Lands From Floodplain. Compliance with the provisions of this ordinance 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.
(6)
Compliance. Any development or use within the areas regulated by
this ordinance shall be in compliance with the terms of this ordinance,
and other applicable local, state, and federal regulations.
(7)
Municipalities and State Agencies Regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this ordinance 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
is exempt when § 30.2022, Wis. Stats., applies.
(8)
Abrogation and Greater Restrictions.
(a)
This ordinance supersedes all the provisions of any municipal
zoning ordinance enacted under §§ 59.69, 59.692 or
59.694 for counties; § 62.23 for cities; § 61.35
for villages; 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.
(b)
This ordinance is not intended to repeal, abrogate or impair
any existing deed restrictions, covenants or easements. If this ordinance
imposes greater restrictions, the provisions of this ordinance shall
prevail.
(9)
Interpretation. In their interpretation and application, the provisions
of this ordinance 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 ordinance, 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 ordinance or in effect on the
date of the most recent text amendment to this ordinance.
(10)
Warning and Disclaimer of Liability. The flood protection standards
in this ordinance 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 ordinance does not imply or guarantee that
nonfloodplain areas or permitted floodplain uses will be free from
flooding and flood damages. Nor does this ordinance 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 ordinance.
(11)
Severability. Should any portion of this ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this ordinance shall not be affected.
(12)
Annexed Areas for Cities and Villages. The Oneida 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. 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 Director. All plats or maps of annexation shall show the regional
flood elevation and the floodway location.
