The provisions of this article apply to all areas mapped as floodway on the Official Floodplain Zoning Maps and to those portions of the General Floodplain District determined to be floodway according to the procedures in § 143-19.
The following open space uses are allowed in the Floodway District and the floodway portion of the General Floodplain District, provided that they are not prohibited by any other ordinance; they meet the standards in §§ 143-11 and 143-12; and all permits or certificates have been issued according to § 143-24:
A.
Agricultural uses, such as general farming, pasturing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming and wild-crop harvesting.
B.
Nonstructural industrial and commercial uses, such
as loading areas, parking areas, and airport landing strips.
C.
Nonstructural private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding trails, subject to the fill limitations of § 143-11D.
A.
B.
Structures. In or over floodway areas, only structures
which are accessory to permanent open space uses, those classified
as historic structures, or those which are functionally dependent
on a waterfront location may be allowed by permit, providing the structures
meet all of the following criteria:
(1)
The structures are not designed for human habitation
or associated with high flood damage potential;
(2)
The structures are constructed and placed on the building
site so as to cause an increase of less than 0.01 foot in flood height
and offer minimum obstruction to the flow of floodwaters. Structures
shall be constructed with the longitudinal axis parallel to the direction
of flow of floodwaters and approximately on the same line as those
of adjoining structures;
(3)
The structures are firmly anchored to prevent them
from floating away and restricting bridge openings or other restricted
sections of the stream or river; and
(4)
The structures have all service facilities, such as
electrical and heating equipment, at or above the flood protection
elevation for the particular area.
C.
Public utilities, streets and bridges may be allowed
by permit, provided that:
(1)
Adequate floodproofing measures are provided to the
flood protection elevation.
D.
Fills or deposition of materials may be allowed by
permit, provided that:
(2)
The fill or deposition of materials does not encroach on the channel area between the ordinary high-water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Ch. 30, Wis. Stats., and a permit pursuant to § 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334, has been issued, if applicable, and the other requirements of this section are met;
(3)
The fill or other materials will be protected against
erosion by riprap, vegetative cover, sheet piling or bulkheading sufficient
to prevent erosion; and
(4)
Such fills are not associated with private or public
solid waste disposal.
All uses not listed as permitted uses in § 143-10 are prohibited within the Floodway District and in the floodway portion of the General Floodplain District, including the following uses which are always prohibited in the floodway:
A.
Structures in, on or over floodway areas which are
designed for human habitation, associated with high flood damage potential,
or not associated with permanent open space uses.
B.
The storage of any materials that are capable of floating,
flammable, explosive, or injurious to property, water quality, or
human, animal, plant, fish or other aquatic life.
C.
Any uses which are not in harmony with, or which may
be detrimental to, the uses permitted in the adjoining districts.
D.
Any private or public sewage systems, except portable
latrines that are removed prior to flooding, and systems associated
with recreational areas and Department-approved campgrounds, that
meet the applicable provisions of local ordinances and Ch. Comm 83,
Wis. Adm. Code.
E.
Any public or private wells which are used to obtain
water for ultimate human consumption, except those for recreational
areas that meet the requirements of local ordinances and Chs. NR 811
and NR 812, Wis. Adm. Code.
F.
Any solid and hazardous waste disposal sites, whether
public or private.
G.
Any wastewater treatment ponds or facilities, except
those permitted under § NR 110.15(3)(b), Wis. Adm. Code.
H.
Any sanitary sewer or water supply lines, except those
to service existing or proposed development located outside the floodway
which complies with the regulations for the floodplain area occupied.
