Pierce County, WI Article VIII Amendments and Enforcement

§ 238-49 Amendments.

Obstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 238-50.

A. In AE zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with § 238-50. Any such alterations must be reviewed and approved by FEMA and the DNR.

B. In A Zones increases equal to or greater than one foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with § 238-50.

§ 238-50 General provisions.

The governing body may change or supplement the floodplain zoning district boundaries and this chapter in the manner outlined in § 238-51 below. Actions which require an amendment to the ordinance and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:

A. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height.

B. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM.

C. Any changes to any other officially adopted floodplain maps listed in § 238-6B.

D. Correction of discrepancies between the water surface profiles and floodplain zoning maps.

E. Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.

F. Any upgrade to a Floodplain Zoning Ordinance text required by Section NR 116.05 of the Wisconsin Administrative Code, or otherwise required by law, or for changes by the municipality.

G. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood-fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

§ 238-51 Procedures.

Ordinance amendments may be made upon petition of any party according to the provisions of § 59.69, Wis. Stats. The petitions shall include all necessary data required by §§ 238-32 and 238-38. The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.

A. The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 59.69, Wis. Stats.

B. No amendments shall become effective until reviewed and approved by the Department.

C. All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

§ 238-52 Enforcement and penalties.

Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance, and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof, pursuant to § 87.30, Wis. Stats.