This chapter is adopted pursuant to the authorization in §§ 59.69, 59.692, and 59.694, Wis. Stats., 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 Adams County, Wisconsin."
A. 
Areas to be regulated. 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.
B. 
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, Adams County. If more than one map or revision is referenced, the most restrictive information shall apply.
(1) 
Official Maps. Based on the Flood Insurance Study (FIS):
(a) 
Flood Insurance Rate Map (FIRM) panel numbers: 55001C0006D, 55001C0007D, 55001C0008D, 55001C0009D, 55001C00011D, 55001C00012D, 55001C00013D, 55001C00014D, 55001C00016D, 55001C00017D, 55001C00018D, 55001C00026D, 55001C00030D, 55001C00035D, 55001C00045D, 55001C00075D, 55001C000100D, 55001C000107D, 55001C000109D, 55001C000117D, 55001C000119D, 55001C00126D, 55001C000127D, 55001C000128D, 55001C000129D, 55001C000136D, 55001C000138D, 55001C000139D, 55001C000145D, 55001C000175D, 55001C000200D, 55001C000226D, 55001C000227D, 55001C000229D, 55001C000231D, 55001C000232D, 55001C000233D, 55001C000234D, 55001C000236D, 55001C000237D, 55001C000238D, 55001C000239D, 55001C000245D, 55001C000251D, 55001C000252D, 55001C000256D, 55001C000257D, 55001C000269D, 55001C000300D, 55001C000327D, 55001C000331D, 55001C000332D, 55001C000333D, 55001C000334D, 55001C000342D, 55001C000352D, 55001C000353D, 55001C000354D, 55001C000358D, 55001C000359D, 55001C000360D, 55001C000361D, 55001C000362D, 55001C000363D, 55001C000364D, 55001C000400D, 55001C000425D, 55001C000427D, 55001C000429D, 55001C000431D, 55001C000433D, 55001C000434D, 55001C000437D, 55001C000441D, 55001C000442D, 55001C000443D, 55001C000475D, 55001C0500D, dated June 17, 2008, with corresponding profiles that are based on the Flood Insurance Study (FIS) dated June 17, 2008, volume number 55001CV000A.
(2) 
Official Maps. Based on other studies and approved by DNR and FEMA:
(a) 
Friendship Dam Field file 1.01.
Study titled: Dam Failure Analysis Friendship Dam
Prepared by: Ayres Associates
Dated: March 2018
Approved by the WDNR on April 17, 2018
Map titled: Hydraulic Shadow Sheets 1, 2, and 3
Data table titled: Table 5 Hydraulic Shadow Floodway Data
Profile titled: 100-year failure
(b) 
Arkdale Dam Field file 1.03.
Study titled: Arkdale Lake Dam - Dam Failure Analysis
Prepared by: MSA
Dated: January 30, 2018
Approved by the WDNR on September 5, 2018
Map titled: Dam Failure Scenario Arkdale Dam
Data table titled: Data Table
Profile titled: Plan: Dam Failure
(c) 
Easton Dam Field File 1.04.
Study titled: Dam Hazard Assessment Easton Dam
Prepared by: Ayres Associates
Dated: March 2007
Approved by the WDNR on April 30, 2007
Map titled: Hydraulic Shadow Map Exhibit 3
Data table titled: Table 3 Flood Crest Summary
Profile titled: Exhibit 4, sheets 1 and 2
(d) 
Cottonville Dam (Big Roche a Cri) Field File 1.08.
Study titled: Dam Failure Analysis Big Roche a Cri Lake Dam
Prepared by: Short Elliott Hendrickson Inc.
Dated: March 2002
Approved by the WDNR on January 29, 2003
Map titled: Figure 2 Floodplain Map
Data table titled: DAMBRK Output Table 1B Dam w/Failure
Profile titled: Figure 6 Big Roche A Cri Dam Failure Analysis
(e) 
McGinnis Lake Dam Field file 1.18.
Study titled: Dam Hazard Assessment
Prepared by: Ayres Associates
Dated: January 2010
Approved by the WDNR on May 10, 2010
Map titled: Figure 5 100-year Flood Hydraulic Shadow
Data table titled: Table 5 Hydraulic Shadow Floodway Data
Profile titled: Exhibit 6 100-year Flood Profile
(f) 
Sherwood Dam Field file 1.19.
Study titled: Hydrologic, Hydraulic, and Stability Analysis for Lake Camelot,
Lake Sherwood, and Lake Arrowhead
Prepared by: R.A. Smith and Associates
Dated: March 31, 1992
Approved by the WDNR on September 30, 1993
Map titled: Flood Inundation Maps (Lake Camelot, Lake Sherwood and Lake Arrowhead) Sheet 2 and 3 of 5
Data table titled:
Profile titled: Flood Profiles Sheet 5 of 5 100-year Water Surface Profile
(g) 
Camelot Dam Field file 1.20.
Study titled: Hydrologic, Hydraulic, and Stability Analysis for Lake Camelot,
Lake Sherwood, and Lake Arrowhead
Prepared by: R.A. Smith and Associates
Dated: March 31, 1992
Approved by the WDNR on September 30, 1993
Map titled: Flood Inundation Maps (Lake Camelot, Lake Sherwood and Lake Arrowhead) Sheet 1 and 2 of 5
Data table titled:
Profile titled: Flood Profiles Sheet 4 of 5 100-year Water Surface Profile
(h) 
Fawn Lake Dam Field File 1.21.
Study titled: Dam Hazard Assessment
Prepared by: Ayres Associates
Dated: January 2010
Approved by the WDNR on May 10, 2012
Map titled: Exhibit 5 100-year Flood Hydraulic Shadow
Data table titled: Table 4 Hydraulic Shadow Floodway Data
Profile titled: Exhibit 6 Dam Break Flood Profiles
(i) 
Peppermill Dam Field file 1.22.
Study titled: Dam Hazard Assessment
Prepared by: Ayres Associates
Dated: January 2010
Approved by the WDNR on May 10, 2012
Map titled: Exhibit 5 100-year Flood Map Hydraulic Shadow
Data table titled: Table 4 Hydraulic Shadow Floodway Data
Profile titled: Exhibit 6 100-year Flood Profile
(j) 
Arrowhead Dam Field File 1.26.
Study titled: Hydrologic, Hydraulic, and Stability Analysis for Lake Camelot,
Lake Sherwood, and Lake Arrowhead
Prepared by: R.A. Smith and Associates
Dated: March 31, 1992
Approved by the WDNR on September 30, 1993
Map titled: Flood Inundation Maps (Lake Camelot, Lake Sherwood and Lake Arrowead) Sheet 3 of 5
Data table titled:
Profile titled: Flood Profiles Sheet 5 of 5 100-year Dam Failure Water Surface Profile
(k) 
Schwahn Dam Field file 1.27.
Study titled: Research on Schwahn Dam Repairs
Prepared by: General Engineering Company
Dated: May 2002
Approved by the WDNR on May 31, 2002
Map titled: Schwahn Cross Sections
Data table titled: Dam Failure page 441
Profile titled: None
(l) 
White Creek Quincy Dam (Fossid) Field File 1.30.
Study titled: White Creek Flowage Dam Failure Analysis
Prepared by: AECOM
Dated: November 2013
Approved by the WDNR on December 2, 2013
Map titled: Figure 1 Regional Flood Inundation 11/25/2013
Data table titled: Figure 1 Regional Flood Inundation 11/25/2013
Profile titled: Regional Dam Poor Breach 4/11/2013
(m) 
All DNR and FEMA-approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information. The community shall provide the most up-to-date information to the DNR and FEMA regional offices.
C. 
Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:
(1) 
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 is contained within AE Zones as shown on the FIRM.
(2) 
The Flood-Fringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
(3) 
The General Floodplain District (GFP) is those areas 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.
D. 
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain Zoning Map and actual field conditions shall be resolved using the criteria in Subsection D(1) or (2) below. If a significant difference exists, the map shall be amended according to Article VIII, Amendments. The Planning and 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 Planning and 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 subsection. Disputes between the Planning and Zoning Administrator and an applicant over the district boundary line shall be settled according to § 391-17 and the criteria in Subsection D(1) and (2) 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.
(1) 
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.
(2) 
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
E. 
Removal of lands from floodplain. 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.
F. 
Compliance. 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.
G. 
Municipalities and state agencies regulated. 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.
H. 
Abrogation and greater restrictions.
(1) 
This chapter supersedes all the provisions of any municipal zoning ordinance enacted under § 59.69, 59.692, 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.
(2) 
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.
I. 
Interpretation. 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.
J. 
Warning and disclaimer of liability. 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 non-floodplain 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.
K. 
Severability. Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
L. 
Annexed areas for cities and villages. The Adams 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.