This section applies to all floodway areas on the Floodplain Zoning Maps and those identified pursuant to § 300-33.
The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance; they meet the standards in §§ 300-25 and 300-26; and all permits or certificates have been issued according to § 300-38:
A.
Agricultural uses, such as farming, outdoor plant nurseries, horticulture,
viticulture and wild crop harvesting.
B.
Nonstructural industrial and commercial uses, such as loading areas,
parking areas and airport landing strips.
C.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback-riding trails, subject to the fill limitations of § 300-25D.
F.
Functionally water-dependent uses, such as docks, piers or wharves,
dams, flowage areas, culverts, navigational aids and river crossings
of transmission lines, and pipelines that comply with Chs. 30 and
31, Wis. Stats.
A.
General.
(1)
Any development in floodway areas shall comply with Article III, General Standards, and have a low flood-damage potential.
(2)
Applicants shall provide the following data to determine the effects of the proposal according to §§ 300-18 and 300-38B(3).
B.
Structures accessory to permanent open space uses, or functionally
dependent on a waterfront location may be allowed by permit if the
structures comply with the following criteria:
(1)
The structure is not designed for human habitation, does not have
a high flood-damage potential and is constructed to minimize flood
damage.
(2)
The structures must not obstruct flow of floodwaters or cause any
increase in flood levels during the occurrence of the regional flood.
(3)
The structures are properly anchored to resist flotation, collapse
and lateral movement.
(4)
Mechanical and utility equipment must be elevated or floodproofed
to or above the flood-protection elevation.
(5)
The structure(s) shall have a minimum of two openings on different
walls having a total net area of not less than one square inch for
every square foot of enclosed area, and the bottom of all such openings
being no higher than one foot above grade. The openings shall be equipped
with screens, louvers, or other coverings or devices which must permit
the automatic entry and exit of floodwaters.
D.
Fills or deposition of materials may be allowed by permit if:
(2)
No material is deposited in the navigable channel unless a permit
is issued by the Wisconsin 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.
§ 1344, 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; and
(4)
The fill is not classified as a solid or hazardous material.
All uses not listed as permitted uses in § 300-24 are prohibited, including the following uses:
A.
Habitable structures, structures with high flood-damage potential,
or those not associated with permanent open space uses;
B.
Storing materials that are buoyant, flammable, explosive or injurious
to property, water quality, or human, animal, plant, fish or other
aquatic life;
C.
Uses not in harmony with or detrimental to uses permitted in the
adjoining districts;
D.
Any private on-site wastewater treatment system or public sewage
systems, except portable latrines that are removed prior to flooding
and systems associated with recreational areas and Wisconsin Department
of Natural Resources approved campgrounds that meet the applicable
provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
E.
Any public or private wells which are used to obtain potable water,
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 or hazardous waste disposal sites;
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 that
complies with the regulations for the floodplain area occupied.