This chapter is adopted pursuant to the authorization in §§ 59.69,
59.692 and 59.694; and the requirements in § 87.30, Wis.
Stats.
Uncontrolled development and use of the floodplains and rivers
of Pierce County will 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 Pierce County, 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.
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 and Enforcement) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Pierce County Land Management Department. If more than one map or revision is referenced, the most restrictive information shall apply.
A.
Official maps: Based on the FIS: Flood Insurance Rate Map (FIRM),
panel numbers: 550953C0085E, 55093C0095E, 55093C0107E, 55093C0109E,
55093C0125E, 55093C0126E, 55093C0127E, 55093C0130E, 55093C0131E, 55093C0132E,
55093C0150E, 55093C0155E, 55093C0160E, 55093C0165E, 55093C0170E, 55093C0180E,
55093C0190E, 55093C0195E, 55093C0210E, 55093C0215E, 55093C0216E, 55093C0217E,
55093C0218E, 55093C0219E, 55093C0231E, 55093C0232E, 55093C0251E, 55093C0252E,
55093C0253E, 55093C0254E, 55093C0260E, 55093C0262E, 55093C0266E, 55093C0267E,
55093C0269E, 55093C0288E, 55093C0300E, 55093C0301E, 55093C0302E, 55093C0305E,
55093C0325E, 55093C0350E, 55093C0364E, 55093C0368E, 55093C0375E, 55093C0376E,
55093C0377E, 55093C0381E, 55093C0382E, 55093C0383E, 55093C0384E, 55093C0403E,
55093C0404E, 55093C0405E, 55093C0408E, 55093C0409E, 55093C0410E, 55093C0412E,
55093C0416E, 55093C0417E, 55093C0428E, 55093C0429E, 55093C0430E, 55093C0435E,
55093C0436E, 55093C0437E, 55093C0441E, 55093C0445E, 55093C0452E, 55093C0456E,
55093C0475E, dated 11/16/2011; and panels 55093C0205F and 55093C0185F
dated 12/30/2020 with corresponding profiles that are based on the
Flood Insurance study 55093CV000B, dated, 12/30/2020. Approved by:
The DNR and FEMA.
B.
Official maps: Based on other studies. Any maps referenced in this
section must be approved by the DNR and be more restrictive than those
based on the FIS at the site of the proposed development.
(1)
St. Croix Regional Flood Analysis, St. Croix Falls to Mouth, dated
March 1973, by the Minnesota Department of Natural Resources and Wisconsin
Department of Natural Resources in cooperation with the United States
Army Corp of Engineers.
(2)
Plum Creek #2 Dam Failure Analysis approved by the Department of
Natural Resources on May 22, 1996, including:
(a)
Map dated March 1996 and titled "Hydraulic Shadow Map," cross
sections 10 to 24.
(b)
Floodway data table dated March 1996 and titled "Table 4: Hydraulic
Shadow Floodway Data" maximum stage elevation column, cross sections
10 to 24.
(c)
Flood profiles dated March 1996 and titled "Plum Creek Structure
2: Dam Break Flood Profiles," cross sections 10 to 24.
(3)
Plum Creek #3 Dam Failure Analysis approved by the Department of
Natural Resources on May 20, 1996, including:
(4)
Plum Creek #19 Dam Failure Analysis approved by the Department of
Natural Resources on May 22, 1996, including:
(5)
Bay City Dam Structure No. 1 Dam Failure Analysis approved by the
Department of Natural Resources on June 10, 1996, including:
(6)
Letter of Map Revision 14-05-2976P-555571, 10/23/2014.
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 in 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 and displayed as AE Zones
on the FIRM.
C.
The General Floodplain District (GFP) is those areas that have been
or 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 and Enforcement. 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 § 238-41 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 and Enforcement.
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.
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 is exempt when § 30.2022, Wis. Stats.,
applies.
A.
This chapter supersedes all the provisions of any zoning ordinance
enacted under §§ 59.69, 59.692 or 59.694; 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 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 Chapter NR 116 of Wisconsin Administrative
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.
Should any portion of this chapter be declared unconstitutional
or invalid by the court of competent jurisdiction, the remainder of
this chapter shall not be affected.
The Pierce 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 Chapter
NR 116 of the Wisconsin Administrative 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 location of the floodway.