[From the U.S. Government Printing Office, www.gpo.gov]
U610 .Zml!@OODPLAIN/SHORELAND MANAGEMENT I ,@,s@svide for local zoning officdals J regulation zoning =M. tri F M -: of Natural Resout 41"0, e s Madisort, Wisconsin @e Do you own property In the Who Is required to buy flood What is DNR's floodplain? Insurance? The DNR admi If you own undeveloped property in the I If you own property in a flood hazard area Management Progra floodplain and plan to develop it in any way, you of assisting individu must comply with the existing floodplain regula- and your community is participating in the NFIP, programs. It provide flood insurance is required as a condition of any tions. If you own property that was developed federally financed (or federally insured) loan or port services includ before your floodplain zoning ordinance became ment of floodplain rn mortgage (i.e., FHA, VA, SBA, etc.). Flood in- effective, you may be eligible for some excep- surance is also available to you, even though The DNR also helps tions to the requirements. You will still need to you do not live within an identified hazard area. forts with other Sta contact your zoning administrator and go especially the Natic through the permit process anytime you plan to Do you have questions about the gram. modify or improve your property. National Flood Insurance Program? What you can The National Flood Insurance 0 If you are a property owner, any in- Find out if your Program surance agent that sells homeowners and learn all you ca policies can also provide flood insurance regulations that a Congress enacted the National Flood In- and information. neighbors what you surance Program (NFIP) in 1968 to provide a 0 For answers to general NFIP or in- them to support yc new approach to floodplain management. The I surance related questions, you should management progra NFIP is administered by the Federal Emergency call FEMA's Insurance Servicing Agent Find out if your Management Agency (FEMA). It helps you to toll-free at 800-638-6620. in the National Floo cover potential flood losses, and encourages safe not, talk to your lo floodplain development. If your community is them to participate. participating in this program, you can buy Support your lo federally subsidized flood insurance. To par- program, and help ticipate, your community must adopt floodplain from the devastating management regulations designed to prevent future losses. How can you C FEMA is responsible for mapping flood hazard areas (regional floodplains) and provides property is In t copies of the maps to your local government. If 1. Your lendin@ your community does not join the program once if your struct the hazard areas are mapped, you are no longer It must infor eligible to buy the subsidized insurance, and your L least 10 dz community may lose its eligibility to receive flood federally fin disaster relief! loan or mort All 2. Your zoning your propert, what standar permit. Z 4 3. The DNR d provide gen surance info y4y appropriate How Is it accomplished? In Wisconsin, the primary responsibilities for floodplain management are local. Your com- munity (and/or county) is required to develop floodplain management standards in the form of a floodplain zoning ordinance. The ordinance requires that you obtain a permit from your zon- ing administrator anytime you wish to modify your floodplain property. Plans for new con- 00 struction, or improvements to existing structures V must meet the requirements of your zoning or- dinance before you can obtain a permit. If you carefully comply with the requirements, you will not only protect your investment from flooding, but may also increase the market value of your property. 0 0 What is a "regional flood?" The regional flood is a large flood that has a 0, 1% chance of occurring or being exceeded in any year. This means it has a 26% chance of oc- A curring during a common 30-year mortgage . . . . . . ....... period. You may also hear it described as the 100-year flood, as there is one chance in 100 k-. that a flood of this size'(or larger) will happen in V any given year. It does not mean such a flood F will happen only once in 100 years. The odds re- FLOOD FRINGE FLOODWAY OPEN SPACE USE C NLY Most main the same even if the regional flood hap- with pened the year before. The flood is exceeded every year somewhere in the country, and it is wise to know the risks and protect yourself ac- cordingly. Regional Flood Level Normal Water Level What is the floodplain? Floodplains are the low lands adjoining The floodway lakes and rivers which will be covered by water The flood frin during the regional flood. Since this is an area of The floodway is the most dangerous part of considerable risk, your community's zoning or- the floodplain and is the area covered by deep, The flood fring dinance carefully controls the uses of such land. fast moving waters. It includes both the channel the floodplain, lyin For management purposes, the floodplain is of the river or stream, and the adjacent which is needed to divided into two "districts" called the floodway floodplain lands required to carry off excess the flood fringe ten and the flood fringe. waters from the regional flood. as deep as water in water management Coordinator (see map) with questions about artificial waterways. NORTHWEST PAM NORTH ENTRA LANW= LAKE7 MICHIGAN WEST CENTRAL a@ -A CLAM 00@ Wo am SOUTHERN SOUTHEAST PUBLIC YOUR LOCAL WATER MANAGER: OR DN9 staff determine that this typical small stream is navigable. P R I VAT E? Is the stream on your p qable? Lopggy _Eavi,-, For the answers to specific questions like this one or for advice and assistance, contact your district water management coordinator as listed below. DNR DISTRICT OFFICES NICIVE1 abilmity NORTHWEST LAKE MICHIGAN Box 309 Box 3600 Spooner, W1 54801-0309 Green Bay, WI 54303-1208 (715) 635-2101 (414) 497-4030 WEST CENTRAL SOUTHERN 1300 W. Clairemont Ave. 3911 Fish Hatchery Road Eau Claire, WI 54702-4001 Madison, Wl 53711-5397 (715) 836-2821 (608) 266-2628 NORTH CENTRAL SOUTHEAST Box 818 Box 13248 regulation Rhinelander, W1 54501-0818 Milwaukee, W1 53213-0248 (715) 362-7616 (414) 257-6543 & zoning Pub. 545"82) 1900D-02 Since the early 1900's the courts have clarified What is navigabilitv? Where did the con- what was meant by "navigable -in-fact for any pur- pose whatsoever." Navigation for recreational pur- � Navigability determines whether a waterway is cept of navigabil* poses, including the enjoyment of scenic beauty, public or private. Navigable lakes and streams ity was declared to be a right entitled to the same are public waterways. degree of protection as financial rights. The court come from? restated the rule that streams did not need to be � A waterway is navigable if it has bed and banks, navigable at normal levels but only on a regularly and it is possible to float it in a canoe or other Both the Northwest Ordinance of 1787 which recurring basis, such as during spring rains. Periodic small craft at some time of the year-even if only governed the Wisconsin Territory prior to state- obstructions do not make a waterway non-naviga- during spring floods. hood and the Constitution adopted when Wiscon- ble. It was also ruled that non-navigable streams sin became a state declared all navigable waters to may be made navigable by natural obstructions � The federal definition of navigability is different be public. However, neither document defined such as beaver dams. from ours in Wisconsin. The federal government "navigable waters." calls waters navigable which are, were ever or From the specific saw-log test, Wisconsin's test of could in the future be used for navigation in navigability has come to take into account most interstate commerce. Interstate commerce in- At first, rivers and streams which were meandered demands made on water by the state's citizens. The cludes not only shipping but also floating logs (surveyed) and declared navigable by U.S. govern- broad definition of navigability ensures protection from forest to sawmill. ment surveyors were considered navigable under of our waterways for the future. territorial and early state law. How does navigability Using these surveys, courts determined the naviga- How does the DNR bility of takes although the statutes did not specifi- affect ou? cally define lake navigability until much later. Even determine navigabil* when meandering was declared as the basis for ity � Because they are public, you may use navigable navigability, the courts held many non-meandered waterways for boating, hunting, fishing, swim- lakes to be navigable. today? ming or other recreational activities provided The test of navigability is simple. Using the smallest public access is available, or you have the per- As the timber industry grew, Wisconsin began to watercraft common to a region (usually a canoe), mission of the landowner. Contrary to common apply the saw-log test of navigability. The courts DNR staff paddle through the water. belief, there is usually no strip of public owner- said that rivers of the state that could float the pro- ship along public waterways. If the land along a ducts of the country, such as logs and timber, were The waterway should have a bed and sides or navigable waterway is privately owned, you may public highways. One creek was declared naviga- banks. In other words, it should be more than just ble, even though the creek itself could not be seen be prosecuted for trespassing if you cross the through the alders and brush, because logs could rain water or melting snow flowing in a hollow or land to use the waterway without permission. ravine. be floated on it three or four times a year. � Navigable waterways are protected by law in It is not necessary to be able to float the waterway at order to guarantee all citizens their water rights. By 1900, recreation was replacing lumbering and all times. Navigability may be established if a stream You will need to get a permit or plan approval milling as a major Wisconsin industry. As water or lake can be navigated on some regularly occur- for projects which affect navigable waterways. uses changed, a new definition of navigability was ring basis, such as during the spring thaw. Contact your district water management coor- adopted by the legislature. A lake or stream was dinator (see map) for applications and informa- considered navigable if it was "navigable-in -fact for Artificial waterways such as agricultural drainage tion. any purpose whatsoever." ditches are treated differently. Contact your district How to Read th@ Map Index Page How to Read the @FOLD Flood Hazard Boundary Figure 3 R FoW KEY TO SYVCOLS Figuve 4 R Fold) 123456-OU01A 123456-MW 5 LIMITS GO@I`W.TE LIMITS 2--n I. . . 21, 6 A CORPORATE LIMIT 6 cc F Ar.1EA . . T -INCLUDED FOLD- 123458.OOWA' FOLD- K 3 ... P..AT1E 00 LIMITS 12 56-0005A _J 123456-WO&A < 0 FOLD- F-D- - 0 On !!5M FH *NOT PRINTED (NO SPECIAL FLOOD HAZARD AREA) FOLD 1. Look at the Map Index Title Block and make sure it refers to the community you re in- 1. When map is folded the community panel number is on the bot terested in. block and it corresponds to the numbered section on the Map 1 2. Orient the Map Index Page using the No -th Arrow and, if you choose, a more detailed 2. Use the North Arrow to orient the map panel. map of your own. . JI . 3. The distance scale is measured in feet. 3. Check to see if the property in question s within the corporate limits indicated by the broken line. 4. TheEffective Date of thepanel may differ from the Identification 4. Note the numbered map sections. Each orresponds to a separate sheet of the Flood dex Page (See Figure 1, No.6). The Identification Date does not ch Hazard Boundary Map (FHBM). If the num er is followed by an asterisk (*) no map has Date for each sheet changes every time it is revised. been printed for the area because no flood hazard exists. On a Z-FOLD map index this 5. The shaded areas indicate the Special Flood Hazard Areas. T number contains 10 digits, e.g. 123456-00 and a lettersuffix. Thefirst sixdigits arethe shaded area shows the outline of the base flood ... the depicted community number (see 7) and the last f@ur are the panel number. The letter suffix flood which is that flood having one chance in 100 of being equaled indicates panel revision status. Initial mapslhowthe letterA. Z-FOLD mappanels maybe one year period. revised and reprinted individually so panels may have different letter suffixes. 5. The legend explains the symbols used to identify the Special Flood Hazard Area 6. The map sheet may also show sections of the corporate limits, r (SFHA) shown on the FHBM. bodies of water, railroad tracks and other landmarks to help you loc ties, 6. The Initial Identification Date is the official date the community was identified as be It certain areas are not a part of the community, such asstate parks, r ing flood prone. A Revision Date indicates that changes were made. etc., they are enclosed by a solid black line and the notation "Area n I ing may or may not be shown in these areas. 7. The Community Number is the primary means of identifying the community for insurance purposes. All flood insurance policies written in the community under the 7. The number of the adjoining map sheet is found in each mar program must include this number on the policy application. guides, you could put together one large map of the entire area How to Read the Wap Inde CAM? Hgure I Rat Map) at 02* LIMITS CORPORATE U.4. B. Multip(e-Fold Map Format (Z- FOLD)-which includes a map in- dex (Figure 3) only if more than one map panel is required forthe community. Wap panels (Figure 4) include a legend on each and may come in varying sizes, depending L.P. I.. This guide will help you interpret the on the size and shape of the com- Flood Hazard Boundary Maps (FHBM) munity and the area covered. LIMITS issued by the Federal Insurance Ad- ministration (FIA) under the National D5 _J 03 Flood Insurance Program. These maps _J. provide a preliminM indication of CO RA where in the community there-is defin- TEL ite likelihood of flooding.* Each map consists of one Map Index Page and one or more map sheets for all of the areas within the community's Z corporate limits subject to flooding. 'MOT PRINTED JW0 SPECIAL FLOOD HAZARD AREA) These will be in one of two forms: Look at the Map Index Title Block and make sure it refers to th A. Flat Map Format-which includes a terested in. map index, with a legend (Figure 1) on the cover sheet, and 11 " x 17" Orient the Map Index Page using the No th Arrow and, if you c map panels covering the commu- map of your own. nity. (Figure 2). Check to see if the property in question is within the corporate line. 1',@11 Note the numbered map sections. Each ,orresponds to a sepa Hazard Boundary Map (FHBM). If the num"r is followed by an a been printed for the area because no fo d hazard exists. (_@@ The legend explains the symbols .used@to identify the Spec (SFHA) shown on the FHBM. Cf@, The Initial Identification Date is the official date the communit ing flood prone. A Revision Date indicates that new flood ha tified after the map was first issued or ot)er changes were m T@N The Community Number is the primaiy means of identifyi insurance purposes. All flood insurance policies written in the 'Flood Insuranc% under the program, may be sold throughout program must include this number on tho policy application. the entire community and is not limited to the Special Flood community number usually indicates a rri@p revision. Hazard Area (SFHA). it Is required. under certain circumstances in the SFHA .Federally subsidized flood insu-ce is available I only in communities participating in the National Flood In- surance Program. AWFER THE FLOOD (continued) adjuster will make recommendations as to their WHAT IS THE NATIONAL repair or disposal. Take pictures of the damage FLOOD INSURANCE PROGRAM? El Prior to entering a building, check for done to your building and contents. IN THE EVENT structural damage. Make sure it is not in danger The NFIP is a federal program established by of collapsing. Turn off any outside gas lines at the C3 Take all wooden furniture outdoors, but keep Congress in 1968 that enables property owners to meter or tank, and let the house air for several it out of direct sunlight to prevent war-ping. A buy flood insurance at reasonable rates. In minutes to remove foul odors or escaping gas. garage or carport is a good place for drying. return, communities carry out local flood plain Of A FLOOD Remove drawers and other moving parts as soon management measures to protect lives and 0 Upon entering the building, do not use open as possible, but do not pry open swollen drawers i property from future flooding. SUGGESTIONS TO HELP MINIMIZE flame as a source of light since gas may still be (or doors) from the front. Instead, remove the THE LOSS OF LIFE AND PROPERTY trapped inside; a battery-operated flashlight is backing and push the drawers out. The Program is administered by the Federal ideal. EmergencyManagement Agency (FEMA) through El Shovel out mud while it is still moist to give its Federal insurance Administration. El Watch for electrical shorts or live wires before walls and floors a chance to dry. Special making certain that the main power switch is attention at this early stage should be paid to For communities participating in the NFIP, turned off. Do not turn on any lights or appliances cleaning out heating and plumbing systems. flood insurance is available on almost anv until an electrician has checked the system for Once plastered walls have dried, brush off loose building and contents. This includes single- an@ short circuits. dirt. Wash with a mild soap solution and rinse multi-family dwellings, mobile homes, businesses, E-] Cover broken windows and holes in the roof or with clean water; always start at the bottom and government and farm buildings, churches and work up. Ceilings are done last. walls to prevent further weather damage. The schools. Contents coverage is also available to expense of these temporary repairs is usually 11 Mildew can be removed from dry wood Mth renters. covered under your flood insurance policy (sub- To find out more about flood insurance eligi a solution of 4 to 6 tablespoons Tri-sodium ject to the policy deductible). Therefore, it is Phosphate, 1 cup liquid chlorine bleach, and 1 bility and your property's exposure to flood risk, important to save receipts. gallon water. contact any licensed property/casualty agent or 0 Proceed with immediate cleanup measures broker. You can also determine if your property to prevent any health hazards. Perishable items El Clean metal at once then wipe with a is in a special flood hazard area by checking with I which pose a health problem should be listed kerosene-soaked cloth. A light coat of oil will the local public repository for official maps of 77," and photographed before discarding. Throw out prevent iron from rusting. Scour all utensils, your community, the main branch of a public library, or the city/county engineer's offic fresh food and previously opened medicines and, if necessary, use fine steel wool on un-- e. that have come in contact with floodwaters. polished surfaces. Aluminum may be brightened W". by scrubbing with a solution of vinegar, cream of CALL YOUR AGKVT OR BROKER TODAY El Water for drinking and food preparation tartar, and hot water. Jac, should be boiled vigorously for ten minutes 4 (until the public water system has been declared 0 Quickly separate all laundry items to avoid federal emergency management agency safe). Another method of disinfecting is to mix 1/2 running colors. Clothing or household fabrics federal insurance administration teaspoon of liquid commercial laundry beach should be allowed to dry (slowly, away from national flood insurance program 4,/ with 21/2 gallons of water. let stand for five direct heat) before brushing off loose dirt. If you minutes before using. The flat taste can be cannot get to a professional cleaner, rinse the 593-237,0881 removed by pouring the water from one items in lukewarm water to remove lodged soil. container to another, or adding a pinch of salt. Then wash in lukewarm, mild detergent; rinse PLACE AGENT STAMP HERE In an emergency, water may be obtained by and dry in sunlight. draining a hot water tank or melting ice cubes. 0 Flooded basements should be drained and 0 Refrigerators, sofas, and other hard goods cleaned as soon as possible. Remember, how- should be hosed off and kept for the adjuster's ever, that structural damage can occur by inspection. A good deodorizer when cleaning pumping out the water too quickly. After the major kitchen appliances is to add one teaspoon surrounding floodwaters have subsided, begin of baking soda to a quart of water. Any partially draining the basement in stages, about 1/3 of the damaged items should be dried and aired; the water volume each day. V74 The memories of a natural disaster can last a El Keep your insurance policies and a list of 0 Bring outdoor possessions inside the house lifetime. But even if you have never experienced a personal property in a safe place, such as a safe or tie them down securely. This includes lawn major flood, you should have some idea of what deposit box. Know the name and location of the furniture, garbage cans, tools, signs, and other to do when flood waters threaten your com- agent(s) who issued these policies. moveable objects that might be swept away or munity. Keep in mind that flooding is responsible hurled about. for the deaths of more than 10,000 people since El If it is safe to evacuate by car, you should 1900, and that property losses in the United Tjlcem ace consider the following: States are now totalling over $1 billion each year. Moccfl Cc=o 0 Stock the car with nonperishable foods (like canned goods), a plastic container of water, For the protection of you and your family, the Z following tips are suggested as guidelines by the The safety of your family is the most impor- blankets, first aid kit, flashlights, dry clothing tant consideration. Since flood waters can National Flood Insurance Program. If you are and any special medication needed by your rise very rapidly, you should be prepared to family. ever in doubt as to what action is needed, evacuate before the waters reach your FLOODING always consult local disaster officials. property. El Keep the gas tank at least half full, since ... it's a not-so-natural disaster 0 Keep a battery-powered radio tuned to a local gasoline pumps will not be working if the station, and follow all emergency instructions. electricity has been cut off. 'About 11 o'clock last night UEhscp, Ucaflc%r El DO NOT DRIVE WHERE WATER IS OVER El If you're caught in the house by suddenly THE ROADS. Parts of the road may already be the water started coming in Make an itemimd list of personal property, rising waters, move to the second floor and, if washed out. including furnishings, clothing, and val- necessary, to the roof Take warm clothing, a El If your car stalls in a flooded area, abandon over the bridl-e. Between 11 flashlight, and portable radio with you. Then ap uables. Photographs of your home - inside it as soon as possible. Floodwaters can rise and 11:20 it was incredible and out - are helpful. This will assist an waitforhelp... don't try to swim to safety. Rescue rapidly and sweep a car (and its occupants) adjuster in settling claims and will help teams will be looking for you. away. Many deaths have resulted from howfast it rose. There was prove uninsured losses, which are tax de- El When outside the house, remember. . . attempts to move stalled vehicles. really no' time to move. Or ductible. FLOODS ARE DECEPTIVE. Try to avoid flooded get out. Or anything . . . El Learn the safest route from your home or areas, and don't attempt to walk across stretches place of business to high, safe ground should you of floodwaters that are more than knee deep. Rhateiver is gone in this have to evacuate in a hurry. 0 IF, AND ONLY IF, TIME PERMITS ... there are a D Keep a portable radio, emergency cooking number of precautionary steps that can be taken: neighborhood is gone. It's a equipment, and flashlights in working order. 0 Turn off all utilities at the main power total loss. El Persons who live in frequently flooded areas switch and close the main gas valve if should keep on hand materials such as sandbags, evacuation appears necessary. Do not touch plywood, plastic sheeting, and lumber which can any electrical equipment unless it is in a dry resident ofAustin, TX @P- May 24, 1981 be used to protect properties. (Remember, area, or you are standing on a piece of dry 17 sandbags should not be stacked directly against 71 wood while wearing rubber-soled shoes or the outer walls ofa dwelling, since, when wet, the boots and rubber gloves. bags may create added pressure on the struc- 0 Move valuable papers, furs, jewelry, ture.) El BUY FLOOD INSURANCE. Protection against clothing, and other contents to upper floors or loss due to floods is not covered under a higher elevations. a3 McoxDcE homeowner's policy. You should contact your 0 Fill bathtubs, sinks, and jugs with clean If your home, apartment, or business has property/casualty agent or broker about eligibility water in case regular supplies are contam- suffered flood damage, immediately call the for flood insurance, which is offered through the inated (you can sanitize these items by first agent or broker who services your flood National Flood insurance Program (NFIP). rinsing with bleach). insurance policy. Ite agent will then submit Generally, there is a five-day waiting period for a loss form to the National Flood Insurance this policy to become effective, so don't wait until El Board up windows or protect them with Program. An adjuster will be assigned to the last minute to apply. storm shutters or tape (to preventflying glass.) inspect your property as soon as possible. .......... ... .. . ........... .......... ............. X........ ................ X. .... .. ... . X X., X X X go ............ ........... _4[ Too I nx.x What can we -do about floods ? Floods are the most frequently encountered type of natural disaster. 90% of all Presidential declarations of emergency or major disaster involve flooding - either along the coasts or rivers and streams. 20,000 American communities have flood hazard areas. 7.4 million buildings are located in these flood hazard areas. Flood damages throughout the nation total $2-3 billion annually. Wisconsin communities suffer $100 million in yearly flood damages. About 200 Ainericans lose their lives in floods each year. Despite efforts of all levels of government to combat floods, annual flood losses continue to increase by 6-7% each year. The direct and indirect costs of flood recovery are not borne by just the flood victims, but are shared by all American taxpayers. ........... ltlifi .......... U 04, @c U 0 4 What is a floodplain ? A floodplain is a lowland or relatively flat area next to a river or stream. The river uses the floodplain to temporarily store and convey excess water during spring thaw or following heavy rains. Floodolain Flood Fringe 1% Floodway ase Flood Elevation, Normal Channel We have had floods as long as there have been rivers. But not until we developed our floodplains did floods damage property and endanger lives. When we construct buildings in the floodplain we reduce the floodplain's storage capacity causing the next flood of equal intensity to crest higher than the last. It's just like throwing pebblois In the bathtub. a o <- CP ... too much fill causes the rtverto flood higher. looded. -to .. ntb, -100-year flood after fill 100-year flood before III 10-year flood after fill landf ,III 10-year flood before fill flood levels Increased "bank full" by landfilling isplacement volume, teen which raises flood A little pebble acting alone Is Insignificant-The combination of many little pebbles will levels across, and over top the tub and cause major damage - it's only a Matter Of time. channel upstream. Floods are measured by their percent chance of happening. The standard of comparison is the 100-year flood. This flood has a 1% chance of happening liv N, TB *Do in any given year. Thi's 1007y-ear flood has a 26% chance of occurring during a 30-year mortgage period. During a similar-30 year period, there is a 17% dhance of-a house being damaged by fire. Floods are natural occurrences. It's not a matter of "will it flood?" but 11when will it flood?" What can we do about floods ? Since 1936 the U.S. Army Corps of Engineers has been authorized to construct dams and levees for flood control purposes. But controlling floods with such structures is not always the only or best solution to flood problems. Land use regulations can control development in flood hazard areas. Development within floodplains can be limited to flood resistent structures. In undeveloped floodplains, "open space" uses can be encouraged. The resulting scenic parks, recreational areas, and wildlife refuges provide community amenities. Flood warning systems and evacuation plans can allow people to protect their property and move to higher ground to prevent injuries. Buildings in floodplains can be elevated on the spot or relocated on higher ground. Other floodproofing techniques are available but expensive. Bridges, roads and culverts can be designed to accommodate expected flood flows. Elavated on Foundation Elevated on Fill Flood Proof RESIDENTIAL STRUCTURES Land treatments in upland areas can attack the flood problem where it begins. Good soil and water conservation practices minimize runoff. Retention basins moderate run off to offset the higher degree of impervious surfaces that development brings. Rain falling on impervious surfaces can increase flood heights Groundwater Replenished Rainwater Runs off Storm Sewers Well Groundwater Depleted Flood Insurance allows a flood victim too spread his losses over several years Home owners insurance does notcover floods; flood insurance is only made available through the National Flood Insurance Program ... Realtors oand lenders are required to notify buyers of potential flood hazards on a property at least 10 days before the closing. For people to be eligible to buy flood insurance, their community must have a floodplain management program in effect. This program must meet minimum federal standards. Residents of 63 Wisconsin counties and 420 cities and villages are eligible to buy flood insurance. While flood insurance is available to all property owners in qualifying communities, some people are required to carry it. This includes anyone buying flood prone property with a federally guaranteed (VA, FHA, SBA) loan or anyone obtaining financing from a federally insured bank or credit union Wisconsin's Floodplain Management Program Wisconsin counties, cities and villages are required to zone their flood prone areas. The state has set minimum standards for local regulations, but local governments can set more restrictive standards if they desire. Floodplain zoning does not prohibit development within the floodplain but guides that development. The program's main goal is to protect people and their property from unwise floodplain devlopment. You can learn more about floods and floodplain management by calling or visiting your Area or District DNR office. The Federal Emergency Management Agency's Insurance Servicing Agent will answer flood insurance related questions. Call them toll-free at 800-638-6620. DNR District and Area Offices: Northwest/Spooner North Central/Rhinelander (715)635-2101 (715)362-7616 Area Offices: Area Offices: Spooner (715)635-2101 Rhinelander (715)362-7616 Cumberland (715)822-3590 Wisc. Rapids (715)423-5670 Park Falls (715)762-4414 Antigo (715)627-4317 Brule (715)372-4866 Woodruff (715)356-5211 West Central/Eau Claire Lake Michigan/Green Bay (715)836-2928 (414)497-4040 Area Offices: Area Offices: Eau Claire (715)836-2047 Green Bay (414)497-4369 La Crosse (608)785-9000 Oshkosh (414)424-4003 Marinette (715)732-0101 Southern/Madison (608)266-2628 Southeast/Milwaukee (608)266-8859 (414)257-6543 Area Offices: (414)257-6950 regulation Nevin (608)267-7718 Dodgeville (608)935-3368 Pub. 7-3500(82) & zoning 7000-82 Departm6nt of Natural Resources PROTECTION OF NAVIGABLE WATERS IN WISCONSIN C_ If you have property on a Wisconsin lake or stream, or are concernect about ppblic access, you will be very much interested in the following summary. DO YOU KNOW: PeAmiu'o& Many acti ,vities affecting navigable waters require permits or approvals from Wisconsin's Department App,%ovats of Natural Resources (DNR). Some of the physical alterations to navigable waters which require per- mits are I 'isted on the back of this sheet. The appropriate nNR district office should be contacted for further @*nformation and assistance in initiating permit applications for certain activities. The attachedinap shows district boundaries and the location and addresses of district offices. Histoticat The water law$ of Wisconsin are based on the State Constitution. The Constitution established the PeAirlective "public trgst@doctrine," which maintains that all navigable waters are held in trust by the state for the pubjic. Natmat Lake,6 The beds of natural lakes are owned by the state and held in trust for the public. Owners of adjoin- ing upland h9ve tit i--to the land above the ordinary high watermark and a qualified right in the exposed lakebed in 'front of their pronerty. Riveu and _StAedms,@ On rivers and streams the owner of the adioininq u 'pland owns the streambed to the center thereof, but s ri@Fts_Fo use the stream are subject to regulation. Navigabiziiy Any lake or stream or other body of water which is navigable in fact is open to any member of the public for pu@poses of navigation, including boating, swiminq, hunting, fishing, or other recrea- tional Purnose'. In e'xercising such rights, the public may not trespass upon private property. Waters are navigable in fact under the law if, for examole, the smallest recreational craft can be floated on -areqularly recurring basis from year to year. OtheA SouAca o6 Some activities require permits from other sources such as county zoning administrators, the U.S. PeAmitA Army Corps of Engineers, and local municipalities. Shotetand and Section 59.971, Wisconsin Statutes, required counties to adopt and administer regulations to control Hood Ptain Zoning development along the shorelands of lakes and streams and within flood plains. Shoreland control is 0.kd,inancea confined to lands within 1,000 feet of a navigable lake, pond or flowage, or witWT-n-3-60-feet -of a river or navigable stream or to the landward side of the flood plain. Section 87.30, Wisconsin Statutes, also requires counties to adopt and administer regulations to control development in flood plains. Shoreland and flood plain zoning ordinances adopted by some counties govern: Permitted use of shorelands, flood plains, and wetlands; lot size; setbacks of buildings from navigable waters; tree and shrub cutting alonq shorelands; and location and size of waste disposal systems. County zoning administrators should be contacted in the county in which the contemplated work will be completed. U.S. AItmy Cotpz The U.S. Army Corps of Engineers has regulatory authority to control encroachments in navigable o4 En. qineeu waters of the U.S. Most recently under Section 404 of the Federal Water Pollution Control Act Amendments of 1972, they have been given the responsibility to regulate the discharge of dredged and fill material in coastal and inland waters and wetlands. District offices of the Corps and the nNR should be contacted for a more detailed summary of the Corps.regulatory authority. Fot tfo)te In6oAmation DNR DISTRICT OFFICES: Contact: NORTHWEST DISTR T. LAKE MICHIGAN DISTRICT: IC Departmen Department of Natural Resources t of Natural Resources Box 309 812 S. Fisk St., Box 3600 Spooner, Wisconsin 54801 Green Bay, Wisconsin 54303 NORTHWEST NORTH (715) 635-2101 11414) 497-4040 NORTH CENTRAL DISTRICT: SOUTHERN DISTRICT: CENTRAL Department of Natural Resources Department of Natural Resources B x 818 Route 3, Wakanda Drive Rohinelander, Wisconsin 54501 Waunakee, Wisconsin 53597 WEST CENTRA KE (715) 362-7616 (608) 266-2628 MICHIGAN WEST CENTRAL DISTRICT: SOUTHEAST DISTRICT: Department of Natural Resources Department of Natural Resources 1300 W. Clairemont Avenue P.O. Box 23248 J Eau Claire, Wisconsin 54701 Milwaukee, Wisconsin 53213 (715) 836-2821 (414) 257-6543 STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES DIVISION OF ENFORCEMENT P.O. BOX 7921 SOUTHERN SOUTHEAST MADISON, WISCONSIN 53707 WATER AND SHORELINE ACTIVITIES REGULATED BY WISCONSIN'S DEPARTMENT OF NATURAL RESOURCES STATUTORY PERMIT ACTIVITY DESCRIPTION OF ACTIVITY AUTHORITY REQUIRED PERMIT EXEMPTIONS AND MISCELLANEOUS COMMENTS Dredging Removal of any material from the beds of any naviga- 30.20 Yes Contract required for removal of material from the ble water. beds of lakes. Ponds, To construct, dredge or do any work on any artificial 30.19 Yes This section does not apply to the construction and Enlargements waterway, canal, lagoon, pond, or similar waterway repair of public highways or to any agricultural where the purpose is ultimate connection with an exist- uses of land, nor to any navigable body of water ing navigable water, or where any part of such artifi- located wholly or partially in any county having a cial waterway is located within 500 feet of the ordi- population of 500,000 or more. nary high watermark of an existing navigable water. Grading Grading or otherwise removing toosoil from the bank 30.19 Yes 11 of any navigable water where the area exposed exceeds 10,000,square feet. Channel Changes To change or stra.ighten the course of a navigable 30.195 Yes Does not a 'Dply to municipal or county-owned lands stream. in counties having a population of 500,000 or more. Bulkhead Lines, A leq&lly established artificial shoreline intended 30.11 Established by municipal ord .inIance, approved by to regularize theshoreline DNR. Bridges A private bridge over a navigable water more than 35 31.23 Yes Approval required for bridges over streams less feet in width. than 35 feet, under Section 30.10. Sand Blankets A thin layer of sand placed on the bed of lakes for 30.12 Yes When possible it is suggested that small gravel be improving the condition of the beach. (2)b used in order to make good spawning areas for fish. Structures Placement of any structure upon the bed of any navi- 30.12 Yes "Structure" means any artificial creation which has gable water. utility and form. Riprap A layer of loose rock or other material placed to 30.12(2)d Yes prevent erosion. Pipelines The placement of a pipeline on or in the bed of a 30.12 Yes Pipeline crossings on bed - 30.12 permit navigable water body. 30.20 Pipeline crossings in bed - 30.20 permit Diversions The temporary diversion of surplus water of any stream 30.18 Yes Water other than surplus water may be diverted only for the purpose of maintaining water levels or for with the consent of existing users. irrigation. Level and Flow DNR may regulate and control the level and flow of 31.02 Yes DNR may investigate any waterway or dam; may order water in navigable waters. dam to be equipped with special devices. Dams Permits required to construct, ooerate and maintain 31.05 Yes Approvals required under Section 31.33 for dams on public and private dams in navigable waters. 31.06 non-navigable streams. Dam Abandonments, To abandon, alter, remove, or transfer ownership of 31.185 Yes Dam Transfers a dam. Piers Generally, no permit required for construction of piers 30.13 No 30.12 permit required for construction of a solid or wharves in navigable waters to aid navigation. pier or a pier which extends beyond a pierhead line. 2-79 STATE OF WISCONSIN Date: April 15, 1982 File Rek 3550 To: Water Regulation and Zoning Staff From: LuAnne Hansen 4@ Subject: Staff Supplement to "Floodplain-Shoreland Management: A Guide for Local Zoning Officials" DNR Staff should be aware that this manual has been printed in two forms: one for counties, the other for cities and villages. The county version is identified by "Co. 2/82" at the bottom of each page, while "C&V 2/82" denotes the current edition of the city/village manual. The changes in the two versions are mostly in the administrative proceedures, Chapter 4. So that you can quickly note the differences in versions, I have prepared this package of pages you can substitute into your county manual. The city/village pages that are different have handwritten notes to tell you what the county manual says. By replacing the appropriate county manual sheets-with those in this packet, you will have both editions at your fingertips without the bulk of extra paper. Already we've noted some typographical errors and oversights in the 2/82 editions. This page dating system will allow us to make major corrections or additions fairly easily. As you find problem areas of the manual or have suggestions for improvement, drop me a memo or call me at 608/267-9798. 1 would appreciate feedback on how the new manual organization works for you. Thanks. AID AD-75 Floodplain /Shoreland Management A Guide for Local Zoning Officials TABLE OF CONTENTS Page CHAPTER 1: PROTECTING PEOPLE, PROPERTY AND RESOURCES: THE RATIONALE FOR LAND USE REGULATIONS IN WISCONSIN Shoreland Zoning Protects Aquatic Resources . . . . . . 1 Floodplain Zoning Protects People and Property 3 Local Controls Follow State Guidelines 4 Communities Make Progress With Shoreland and Floodplain Zoning . . . . . . . . . . . . . . . . . . 4 CHAPTER 2: DESCRIPTION OF TERMS . . . . . . . . . . 5 CHAPTER 3: WISCONSIN ZONING PROGRAMS . . . . . . . . . . . . . . . . 11 Regulating Through Zoning . . . . . . . . . . . . . . . 11 Floodplain Management . 13 Floodplain Zoning: A Nonstructural Management Tool . 14 Floodplain Studies Regulated . . . . . . . . . . . . . . . 16 Uses of the Floodplain - Permitted and Nonconforming . . . . . 21 Community Administration 25 DNR Administrative Procedure; 25 Shoreland-Wetland Management . . . 26 In the Beginning: Shoreland Management Program - NR 115 . . . . . . . . . . . . . . . . 26 The New NR 115: Shoreland-Wetland Management . . . 29 Role of the DNR . . . . . . . . . . . . . . . . . . 30 CHAPTER 4: ADMINISTERING ZONING PROGRAMS . . . . . . . . . . . . . . . . 31 The Zoning Administrator 31 The Board of Appeals 42 The Planning Commission/ Planning & Zoning Committee Meetings and Hearings . . . . ... . . . . . . . . . 58 US Department of Commerce NOAA Coastal Services Center Library 2224 South Hobson Avenue Charleston, SC 294405-2413 Page CHAPTER 5: RELATED PROGRAMS . . . . . . . . . . . . . . . . . . . . . . 63 National Flood Insurance Program 63 Wisconsin Flood Hazard Mitigation Program, 64 Wisconsin Floodplain and Shoreland Mapping Grants Program . . . . . . . . . . . . . . . . . . . . 65 NR 118 - Standards an4Criteria for the Lower St. Croix National and Scenic Riverway . . . . . . . . 66 Wisconsin Wetland Mapping Program . . . . . . . . . . . 66 Wisconsin Coastal Management Program . . . . . . . . . . 69 Wisconsin Construction Site and Erosion Control Program . . . . . . . . . . . . . . . . . . . . . . . 69 CHAPTER 6: SPECIAL HELPS . . . . . . . . . . . . . . . . . . . . . . . . 71 Case Examples . . . . . . . . . . . . . . . . . . . 71 Field Data Needed for Floodplain Determination . . . . . 78 Reading A Flood-Profile . . . . . . . . . . . . . . . . 83 Floodproofing . . . . . . . . . . . . . . . . . . . . . 84 Court Decisions and Legal Opinions . . . . . .. . . . . . 88 Where to Go for Help . . . . . . . . . . . . . . . . . . 97 Bibliography . . . . . . .................................... 99 Index . . . . . . . . . . . . . . . . . ..................... 104 APPENDIX CONTENTS APPENDIX.A: SAMPLE ZONING FORMS . . . . . . . . . . . . . . A-1 APPENDIX B: FLOODPLAIN REGULATORY FRAMEWORK . . . . . . . . . . . . . . . B-1 S. 87.30, Wisconsin Statutes . . . . . . . . . . . . . . B-1 Chapter NR 116 Wisconsin Administrative Code B-2 Model Floodplain Ordinance B-17 APPENDIX C: SHORELAND REGULATORY FRAMEWORK . . . . . . . . . . . . . . . C-1 S. 59.971, Wiscosin Statutes C-1 Chapter NR 115, Wisconsin Administrative Code C-2 Node] Shoreland-Wetland Ordinance Amedments . . . . . . C-9 NOTES 4i Regulating Through Zoning Through zoning a community can separate its land area into distinct districts. Within each district, various regulations for dimensions and uses will govern land use. Zoning enables a community to choose development that is most compatible with its resource base. Through shoreland zoning, navi- gable waters and their shores are protected from improper development. Flood- plain -zoning, on the other hand, protects people and property from a poten- tially hazardous environment. Zoning usually regulates both the use of the land and dimensional and setback $tapdards. In a zoning ordinance, a community lays out zoning districts and establishes permitted, special exception (conditional), and prohibited uses within each district. Dimensional standards specify lot sizes, setback distances, and placement of private sanitary facilities. Any development or change in land use that a landowner wishes to undertake requires approval by the local zoning administrator or a county agency. After the property owner completes the appropriate forms and supplies the necessary information, the zoning administrator may: 1) Issue a land use permit for allowed uses if the proper dimensional restrictions are met. 2) Advise the landowner to seek a variance if the dimensional stAndards create a hardship or practical difficulty. 3) Instruct the applicant to apply for a special exception (conditional use) permit for activities that are only allowed under certain conditions. 4) Suggest that rezoning (through an amendment) would be needed for a desired project which is not permitted due to use restrictions. Within zoning ordinances, three sets of uses may be spelled out. Permitted uses are those uses which are not prohibited. A building permit or land use permit may be required if the use involves con- struction or modification of a structure, or any type of develop- ment. The zoning administrator examines the completed application form, visits the site and may then issue a permit for appropriate projects. Projects involving uses which fail to meet dimensional standards must be referred to the Board of Appeals. The Board may authorize these projects by issuing a variance, but only if the pro- posed projects do not conflict with the intent of the zoning ordinance. Special exceptions (conditional uses) may be compatible with per- mitted uses in a zoning district, but they need to be carefully con- sidered to ensure that they are properly sited and operated. An applicant must contact the zonin 1 administrator to make application for a special exception permit. 1R)!Q-ties and Villages may designate either th f A ea rh nl C to consider(s) hek I ni Com s ot@;@ sDeci@ fica@ lv id@ special exception permits. I entif@. na ot specifica ly identified as beii , permitted or special exceptions are prohibited. C&V 2/82 Prohibited uses may only be allowed in a given zoning district if the governing body authorizes an amendment to the. zoning ordinance text or map. In rezoning an area to a different district, the once pro- hibited use may become a permitted use or,a special exception. Map and text amendments re referred to the planning- Commission for a public hearing. The Commission makes recommendations to the City Council or Village Board which then takes official action. The application of these zoning principles in managing Wisconsin flood- plain and shoreland areas is discussed in the following sections. (1) plannig & zoning commitee (2) Commitee (3) County Board C&V 2/82 12 C&V 2/82 12 Nonconforming structures (such as unelevated buildings in the flood fringe) can be rebuilt if they are floodproofed. Communities are responsible for re- gulating structural repairs through their building permit or land use permit programs. Ordinary maintenance such as painting, decorating, or paneling are not considered structural repairs, and are usually allowed without a permit. But when rebuilding, additions or modifications exceed over the life of the structure 50% of the present equalized assessed value, the entire structure must be floodproofed. Community Administration To administer floodplain zoning, communities must appoint a zoning administra- tor, planning agency, and Board of Adjustment/Appeals. Many communities may already have these officials appointed for comprehensive zoning duties. In this case these officials will also administer the floodplain zoning ordi- nance. The specific duties of these officers is explained in Chapter 4 of this manual. Anyone wishing to add a new use or alter the present use of land, water or a building or other structure in the floodplain must apply to the county, city or village for a permit, special exception, variance, or.amendment. The local floodplain zoning ordinance must establish procedures for handling permits, amendments and appeals. NR 116 stipulates that public hearings must be held, proper notice given, and the DNR notified of all special exceptions vari- ances, appeals and amendments. Communities must have provisions for en orcing their floodplain regulations. Fines may be imposed for floodplain violations, but preferably, violations will be removed, abated or enjoined to preserve the spirit of the ordinance and to protect life, health and property. DNR Administrative Procedures The DNR has responsibilities in four areas of floodplain management. The DNR: 1) provides assistance to local governments, 2) reviews and approves local floodplain zoning ordinance; 3) monitors local programs; and 4) enforces those programs to ensure a consistent statewide approach to floodplain management. The ONR also coordinates community efforts with other State and Federal pro- grams, especially the National Flood Insurance Program. DNR floodplain management responsibilities are shared between the Central (Madison), Area and District offices. The first line of assistance for local officials should be with the Water Management Specialist at the District or Area office. Refer to the map included in "Where to go for Help" in Chapter 6 to identify which office serves your community. 25 Co. 2/82 Shoreland-Wetland Management In.the Beginning: Shoreland Management Program - NR 115 [(NOTE: Shoreland Z'oning is optional in cities and villages. This section i provided as information only.) In 1966$ the Wisconsin Legislature passed the Water Resources Act, Chapter 614, Laws of 1965. This legislation created a new comprehensive State and local program for managing the water resources of this State. A portion of this act created Section 59.971 (see Appendix C) of the Wisconsin Statutes which requires the zoning of shorelands in the unincorpora areas of each county'. (Shoreland zoning in the incorporated areas of counties is optional.) Shorelands, as defined by the law, are lands within 1,000 feet of a navigable lake, pond or flowage and lands within 300 feet of a river or navi,gable stream or to the landward edge of the floodplain, if that distance is greater. Administered by the Qepartment of Natural Resources (DNR), the shoreland zoning program is aimed at controlling water pollution, protecting fish habitat, and regulating structures and land uses within shoreland areas. Q .4 n n 0 da C= C201 13 EC33 - C1 \Nif k BAD GOOD To comply with the Water Resources Act, it was necessary for counties to enact shoreland regulations including zoning provisions, land division controls, sanitary regulations, and administrative provisions ensuring enforcement of the regulations. In the discharge of its responsibility under ss. 59.971 and 144.26, Wisconsin Statutes, the DNR requires adherence to*certain specific standards and criteria. The standards and criteria were adopted as adminis- trative rules by the DNR and are contained in Chapter NR 115, Wisconsin Administrative Code (see Appendix C). The rules also define the objectives of the regulations-. C&V 2/82 26 The Zoning Administrator Geperal Information Who is the Zoning Administrator? The zoning administrator is the City o@rrv;klha ! employee responsible for t @ is wr administering the zoning ordinanc! t is wr ten. Approval for certain activities not explicitly allowed By- the ordinance must come from the Board of XApeals and/or Planning Commission - not the zoning administrator. General Responsibilities Y V, @AW_Fr 4MWVA@ General duties of a zoning administrator include: Advising applicants of ordinance provisions and assisting them with permit forms. Issuing permits where allowed by the ordinance. Assisting appellants with appeal forms. Transmitting appeal forms and case records to Board ofNikeA,15,. Inspecting properties for compliance with zoning ordinance. Reporting violations to Plannini Commis-sion and the City or Villa legal officer. 911, - ' Issuing notices for hear ngs, app als, etc. when not handled by the Board of 80 Iwo Is. Keeping complete records of permits issued, inspections made and other official actions. Duties of the Zoning Administrator PERMITS Permit,Applications Anyone wishing to develop in a floodplain area must obtain a permit appli- cation form from the local zoning administrator, fill it out, and submit it for approval before beginning any development activities. (See Appen- dix A for a sample permit application form.) An important function of the zoning administrator is to assist landowners (or agents) with their permit agplications so that all forms are as complete and accurate as possible. T is helps to avoid processing delays while saving the applicant, and tax- payers, time and money. 31 C&V 2/82 If the proposed project is in a floodplain, the permit applicant may also need to submit adequate data for the zoning administrator to use in deter- mining the effect of the project on future flood levels. This data i s explained in detail in Chapter 6, Special Helps. If the project is near a lake or stream, the ordinary high-water mark (OHWM) must be determined. The OHWM is the point from which the setback distance is measured and sets forth the jurisdictional limits of the shoreland zone. DNR Area or District office staff are available to h@!Ip zoning officials locate the OHWM. Review Permit Applications Reviewing a permit application is one of the most important responsibili- ties of the zoning administrator. Many zoning administrators use a permit review checklist to help them determine if the proposed project meets the criteria of the ordinance. The checklist should include factors such as: Is the project in a floodplain area? The zoning administrator must first determine if the proposed project is in a special flood hazard area or a shoreland area. If this is not obvious when using a map, an on-site inspection may be necessary. As a result of an on-site inspection, the zoning administrator may find the zoning map is inaccurate. If this is the case, and the proposed project is in a floodplain area according to the map, the zoning administrator should file a map amendment request to the Q @nin@_59 @jss@ion to officially correct the mapping error. Until the amendment is approved by,0@4-0,:19 the Commission, the zoning administrator must continue to use the existing map. [#f2. Is the application complete? The zoniqg administrator cannot properly review an application if it is not complete. The application must include a thorough description of the proposed development, and provide enough data to determine if the project will comply with all ordinance pro- visions. If the application is incomplete or additional data is needed, the zoning administrator can ask the applicant for more information. 3. Have all other applicable permits been obtained? Quite often, more than one permit is required to complete a cer- tain project. It is the applicant's responsibility to ensure that all applicable local, State and Federal permits for the CP 2182 32 proposed project are acquired. The zoning administrator should issue the land use permit only after the additional required permits are obtained. [?4. If 'the project is in a floodplain, will it be safe from flood- ing? Will it raise future flood levels? To review an application for a proposed project in a floodplain, the zoning administrator must analyze whether the project will be protected from floods and whether it will affect future flood levels. The first necessary piece of information is the eleva- tion of the regional flood. If the community has a Flood In- surance Rate Map (FIRM) and a Flood Insurance Study (FIS), flood datd for the development site is readily available. If no de- tailed technical data has been supplied to the community, the zoning administrator must determine the elevation from the best e. informational available. The applicant is responsible for supplying the data necessary to conduct an analysis. (See "Field Data Needed for Floodplain Determination" in Chapter 6.) Many other agencies and reports are available to help the applicant or zoning administrator develop this data. (For d list of these agencies, See "Where to Go For Help" in Chapter 6.) The zoning administrator must ensure there is an analysis of the affect of the proposed development on future flood heights. This is analyzed using an equal degree of hydraulic encroachment on the opposite 'side of the stream or river. The reason for this is to assure that property owners up, down, or @Av 11 Jr 33 C&V 2/82 across the stream or river will have the same rights to encroach on the floodplain. If the analysis shows that the development will raise the ,regional flood level by more than 0.1 foot, the permit must not be issued. (Some ordinances may be more restrictive than 0.1 foot.) proposed f III equal encroachment on other side regional flood level cross section Fig. 4.1 Equal Degree of Hydraulic Encroachment If the project will not raise flood levels, the zoning administrator may then review the development in relation to the flood hazard, and determine if it will be safe from flooding. If the first floor elevation of the project is below the regional flood elevation, then it will be subject to damage during a flood. A permit must not be issued unless the project is raised on fill to protect it from floods, and it must not increase the flood hazard to other areas. Acting on the Permit Application .Following a complete review of the permit application, the zoning admini- strator may: I. Approve the permit. 2. Approve the permit on the condition certain modifications are made to comply with the ordinance. 3. Deny the permit. If the zoning ad ni rator approves an application for a permitted use in or u the floodplain IWOW u e permit must be issued to the property owner. This permit At be posted on the property in an obvious position, to notify enforcement officials and the public that the work has been-cleared through the proper channels. uwo Uss C&V 2/82 34 Appeal Rights When the zoning admin-istrator denies a permit," ,Dyej@p . aerty owner has the rd ol, i right to appeal the decision to the Boa _@Ars. Likewise, if a per- mit is granted and neighboring property owners or other "aggrieved" per- sons wish to object, they also have the right to appeal to the Board of Appeal s pA1u*r&&%4 Z.r.:, -, I * The Board is authorized by law to grant a variance from the dimensional standards of the local ordinance in specific cases, for speci f T-crea sons. (Any use changes could only be accomplished by amending the ordinance. Amendments are discussed later in this manual.) The zoning administrator should advise the applicant of the right to appeal, and assist him or her in filling out the appeal form. An example of an appeal form is included in Appendix A. Many ordinances place a time limit on the appeal process (usually 30 days), so the zoning administrator should advise the applicant to promptly exercise that right. Zoning Administrator's Responsibility in Appeals to the Board .If an applicant decides'to appeal a denied permit, the zoning administra- tor assists the applicant in filling out the appeal form, and files it with the Board of !PVOISEP Hearings before the Board are similar to a court trial, with sworn wit- nesses and decisions based on the evidence and specific standards, al- though the parties are not required to be represented by attorneys. (For details on the hearing process, see the following section on the Board of Appgk1s.) Because of the quasi-judicial nature of the appeal procedure, fh""e @zonfng administrator must be sure that the appeal application is com- plete. The zoning administrator must provide the entire file concerning the case., including the following information: 1. Application number 2. Location of premises - 3. Type of structure or use 4. Zoning administrator's reasons for denial 5. Section of ordinance 6. Zoning district involved 7. Action requested by application (variance, special exception, inter- pretation) 8. Reasons why the request should be granted State law requires that a class 2 notice under Chapter 985, Wisconsin Statutes, be given of the time, date and place of each hearing. The Board of @ @@s may delegate the notification responsibilities to the zoning administrator. (Details of the class 2 notice requirements are given in the "Meetings and Hearings" section of this chapter.) The Board may also request the zoning administrator to testify at the hearings. In summary, once a permit is denied, the zoning administrator Is always required to: AV k V 1. Advise applicant of the right to appeal. 2. Assist applicant with filling out the necessary forms. 3. File the information with tN Board of 3Ueals- 35 C&V 2/82 The zoning administrator is usually required to: I. Have the hearing notice published. 2. Distribute the hearing notice to parties in interest. 3. Present facts at the hearing. SPECIAL EXCEPTION PERMITS AND AMENDMENTS The zoning administrator has little responsibility in the special excep- tion permit or the amendment procedures beyond advising the applicant of the proper course of action to take, and forwarding the applications to the proper governing body. A general understanding of these processes is useful, and are described in the following sections on the Board of Ap- peal,s and,Plannina Commission. ENFORCEMENT Inspections Inspections are necessary to assure proposed and ongoing projects are in compliance with the ordinance. At a minimum, project site inspections should be made at the following times: 1) Before issuing the land use permit. WHY? This will give the zoning administrator a better idea of what the owner proposes to do, and how it agrees with the terms of the ordinance. 2) When the outlines of any building and accessory structures have been staked out on the ground. rxv A Violations Action on an alleged zoning violation is usually initiated by: 1) The zoning admininstrator; or 2) A complaining citizen VIOLATION To initiate enforcement action the zoning administrator should: 1) Investigate. inspect the site take photos of the site (noting time of day, direction, etc.) if there is a violation, note it on the Complaint or Notice of Violation form 2) Fill out the Notice of Violation form or complete the Complaint form filed by a complaining citizen (see examples of these forms in Ap- pendix A). Be sure to: describe the violation and its location identify the person making the complaint reference the section(s) of the ordinance violated 3) Distribute copies of the Complaint or Notice of Violation form to: Board of Adjustment Planning & Zoning Committe Board of Appeals and the Planning Commission City or Village Legal Officer District Attorney or Corporation Counsel Property owner DNR Area or District office if the violation is in a floodplain area Keep a copy for zoning administrator 39 C&V 2/82 NOTE: Some communities have adopted a citation ordinance which authorizes the zoning administrator and other local officials to issue citations to start an enforcement action to impose a forfeiture on the alleged violator immediately, without going through the en- forcement process described here. The statutory authority for adopt- ing such an ordinance is found in s. 66-119, Wisconsin Statutes. 4) Notify the violator by either: a) Notifying the property owner or the owner's agent by letter, or b) Posting a violation notice on the premises. The preferred method is to notify by certified mail, with a return receipt. But if a property owner is difficult to locate, posting may be necessary (see example in Appendix A). District Attorney or Corporation Counsel's office The city or village Legal Officerr may take further action once they are notified of the violation. Voluntary correction of the violation is preferred to legal action (prosecution/enforcement). If the prop- erty owner agrees to correct the violation, the zoning administrator will need to inspect the property to make sure the violation has been corrected. RECORD KEEPING Record keeping is an extremely important part of the zoning administra- tor's responsibility in administering local zoning programs. All official Planning& actions must be completely documented in a file record so the Planning zoning Commission, Board of Appeals, and perhaps the courts, can make well in- committee formed decisions. Specifically, the following records must be kept on & Board file and open for public inspection: of Adjustment a. A complete and up-to-date copy of all zoning ordinances, maps, etc. b. If the community is participating in the Flood Insurance Program, it is required to record the elevations of the lowest floor (including basements) of all new or substantially improved structures in a flood hazard area. For floodproofed structures, the elevation to which they have been floodproofed must be obtained and recorded. C. A project file should be kept for each development permit applica- tion. The file should contain: -The permit application -The permit review checklist -Copies of all pertinent correspondence relating to the project -Any appeal or petition proceedings, including a published class 2 notice oil the hearing, hearing minutes, and the written decision -Documentation of inspections *Subdivision data (if necessary) *A copy of the Certificate of Compliance C&V 2/82 40 A recommended procedure is to keep a daily log of permit applications. The log should list such information as: ,Date of application Applicant's name -File number -Type of permit Brief project description *Cost of permit ,Payment date and receipt number W The zoning administrator should also keep logs for the Bloard and PLlanning Commi S5o listing the appeal and petition applications fil The _g should include: e Thie IoMsho@uldofi (0# -Applicant's name -Hearing or petition number -The township and zoning district -A legal description -Hearing date -Board or Commission written decision 41 C&V 2/82 Adjustment The Board of Appeals [NOTE: Much of the material and case examples found in this chapter has been taken from Zoning Boards of Adjustment/Appeals, prepared by the Department of Governmental Affairs, the University of Wisconsin, Madison.] General Information. Need: Since a zoning ordinance cannot anticipate every land use question that will arise in a community, there needs to be some mechanism to give the ordi- nance flexibility. The Board Appeal's authority to grant variances serves this purpose. Chapters, NR 115 and NR 116, Wisconsin Administrative Code, require counties to appoint a Board of Appeals. Purpose: Several types of quasi-judicial zoning decisions are decided by a commission or board rather than by the zoning administrator. These are the variance, the special exception (also known as "conditional use") permit, and the administrative appeal. The Board of Appeals is usually the local gov- ernmental unit responsible for handling all these cases. (Under the s. 62.23(7)(e), Wisconsin Statutes, special exceptions may also be granted by county the Planning Commission.) board of planning & zoning Committee The Board of Appeals interprets the meaning of the zoning ordinance and hears appeals for variances and special exceptions (conditional uses), and grants them where appropriate. While performing this function, the Board should not make the mistake of favoring the individual at the expense of the general pub- lic. Only by closely following the procedures established by law and Note: whereever the c/v manual says Board of Appeals the county version says Board of Adjustment. C&V 2/82 42 interpreted by the courts can the Board successfully navigate the narrow path between avoiding unnecessary hardship and protecting the public welfare in community land use issues. Adjustment Adjustment County Who is the Board of Appeals? The Board of Appeals is a quasi-judicial body board appointed by the Mayor of the City or Village. The law specifies that the Board must consist of five memebers. The Board of Adjustment consist of 3-5 members, all living within unincorporated part of county, no 2 from same town. How are Board members selected? The members of the Board of Appeals are ap- County pointed by the Mayor, (subject to confirmation by the City Council or Village board Board.) Their terms of office are staggered so that not more than two members will be appointed in any year. (Only one successor in any year if the Board Consists of 3 members.) How does it work? The Board functions in a quasi-judicial capacity when con- ducting hearings and making decisions. Cases handled by the Board must be given procedural due process. This means that every individual has the right to procedural fairness when a government decision is being made that affects the individual's constitutionally protected interests (such as liberty or property). A court can reverse the Board's decision on procedural grounds alone if a plaintiff can show that the Board did not follow correct procedures in handling a case. Normally, however, the court will uphold a Board decision if procedures were followed correctly. Duties of the Board of Appeals 59.971 and 59399 Adjustment Section 62.23(7)(e)7, Wisconsin Statutes, grant the Board of Appeals the following powers: a. To hear and decide appeals where there is an ALLEGED ERROR in any order, requirement, decision or determination made by an administrative official in the enforcement of or any zoning ordinance adopted pursuant to those Statutes. s. 59.97 or 59.971, Wisconsin Statutes b . To hear and decide SPECIAL EXCEPTIONS to the terms of the ordinance upon which the Board is required to pass as specified in the ordinance. (Power Adjustments to decide special exceptions is not limited to the Board of Appeals. The County Board Planning Commission and the Cityy Council or Village Board may also grant special exceptions. The zoning ordinance must specify which body has that responsibility.) c. To authorize upon appeal in specific cases such VARIANCE from the terms of the ordinance, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. A variance must observe the spirit of the ordinance and must not be contrary to the public interest. Only the Board of Appeals may gran variances. Adjustment A discussion of each of these duties follows. 43 C&V 2/82 ALLEGED ERRORS or (Administrative Appeals) Administrative appeal, or appeal of an alleg r r ccurs when the appl ica@ tion for a zoning permit asks the Board 0, f to overrule the zoning ad- ministrator who has allegedly made a mistak in interpreting a provision of the zoning ordinance. The usual circumstances are: 1. A permit is denied based on the zoning administrator's interpretation of the ordinance. The permit applicant may see a different interpretation and appeals the matter to the Board of.U @eals.4&(@"Nw-44 A permit is denied based on the zoning administrator's interpretation of district boundaries on a zoning map. For example, shoreland district boundaries are established by measurement back from the ordinary high-water marks of lakes and streams. The boundaries of wetland areas may be irregular and difficult to locate. The zoning administrator must make an initial determination of the location of these boundaries in order to make a decision on the application. If the applicant is dissatisfied with the zoning administrator's determination, he or she may appeal it to the Board of Appeals. A&3%AfT",Vt Criteria When a zoning permit is denied based on the zoning administrator's interpre- tation'of the ordinance, and the permit applicant sees a different interpre- tation (one which w @dqall the permit to be granted) and appeals the mat- %Vo m mu us st ter, the Board of IN t decide whose interpretation is "correct." In making decisions on alleged errors, the Board should focus on the legisla- tive intent of the zoning ordinance. Although its determinations. are quasi- judicial in nature, the Board functions primarily as an administrative arm of rd Its duty is to preserve the meaning and towg intent of the zoning regulations, so far as these can be determined. Most ordinances contain an interpretation or compliance section which states that the provisions containedin the ordinance shall be considered minimum require- ments, and shall be liberally construed in favor of the governing body (the u@nci e oard@) y 0 it @In caCse s of a @disputed di strict boundary, an engineer, surveyor or soil scien- tist may be consulted to provide needed technical information. The Board of A ,e to rr;@ter ke n C&V 2/82 44 Appeals may also rely on assistance from other local, State or Federal agencies, boards, commissions or staff in the discharge of their duties. Appeal Board Ask review experts "The 7-A. Public was right" hearing Q Board denies appeal no permit Issued Processing an Alleged Error If a permit applicant feels the zoning administrator made a mistake in inter- preting the ordinance or a n. n strict boundary, he or she may appeal the 0, decision to the Board f The Board chairperson schedules the hear- ing, gives proper notice, and o lows the correct procedures for conducting a hearing and notifying the permit applicant of the Board's decision. This pro- cess is outlined in more detail later in this chapter. SPECIAL EXCEPTIONS: (also called Conditional Uses): A special exception is a kind of hat can onlZ be allowed after adminis- trative approval by the Board of %@ or . Yepending on the terms of the ordinance, the n or the Board). 0 A special exception is different from a variance. hile a variance allows an owner to use his or her property in a manner forbidden by the ordinance, a special exception is expressly permitted--but with certain conditions--in the text of the ordinance. Unnecessary hardship does not need to be proven. Uses classified as special exceptions are not inherently inconsistent with others in the zoning district, but may create special problems or hazards if allowed without special conditions. A special exception is not an administrative appeal. The first time the per- mit applicant gets a decision on a special exception is from the Board Of ju-MilAAMA41@ pgAD - The zoning administrator has the applicant fill out a special excep- tion permit form, and refers the application to the Board. ,Aa n anWdo 1 45 C&V 2/82 Criteria To be considered a special exception, the use must be listed as such in the floodplain zoning ordinance, along with the standards and conditions which must be met. The conditions are provided to protect adjacent landowners, to handle troublesome uses, and to preserve the character of the surrounding Area. The conditions should be clearly spelled out in the zoning ordinance, but occasionally some matters of discretion will be left to the Board. The Board must determine each case carefully to avoid charges of making "arbitrary And capricious" decisions. The Board cannot legally allow a special exception if the conditions listed in the ordinance or required by the Board do not exist or cannot be met. The conditions for shoreland special exceptions are set out on 18.43 of the Shoreland Model Ordinance The Floodplain Model Ordinance does not list special exceptions within flood- plains. Instead, uses are classified as either permitted or prohibited. (Some community ordinances may list certain special exceptions in their floodplain ordinance. Special Are campgrounds exception Board listed as request review special exceptions? Yes! No Does the requested use meet the criteria Applicant must listed In the ordinance? seek an ordinance amendment Yes! Public hearing Board says O.K.! Issue a permit! Processings a special exception request When an individual requests information on the permits required for a proposed land use, the zoning administrator may determine that the proposed use it listed as a "special exception" in the zoning ordinance. The zoning adminis- trator assists the individual with a special exception application form and refers it to the Board of Appeals for a decision. The Board must conduct a C&V 2/82 46 C&V 2/82 46 N ublic hearing, and give written notice to the applicant of its decision. ee the "Meeting and Hearings" section of this chapter for details on hearing procedures.) Fom.s to use in processing special exceptions include: .Land use permit application -Special exception application Notice of public hearing - for publication - for direct mailing -Certificate of notice publication *Special exception permit Examples of several of these forms are included in Appendix A. The Board has several options when making its final determination on applica- tions for special exception permits. It may: 1) reject the application entirely; 2) approve the application in full or in part; or 3) approve the application subject to additional reasonable conditions or modifications. Additional conditions which may be imposed by the Board as a requirement for the special exception permit include landscaping, specified periods of opera- tion, increased setback and yard dimensions, erosion protection measures, etc. Following the public hearing on the special exception request, the Board must notify several parties of its decision. The decision and notification procedures are described in the "Meetings and Hearings" section of this chap- ter. VARIANCE A variance is permission granted by the Board of_&Rkega@ to build or develop in a way which is inconsistent with the dimensional standards contained in the ordinance. The variance procedure allows the impact of the general rules to be varied in response to unusual circumstances which constitute "unnecessary hardship." The Board cannot vary the use standards of the ordinance. For example, a variance could not be granted 15- build a home in a floodway because that type of use is,proliibited. A variance is not a convenience to the property owner. Nor should a variance be granted foF-reasons common to other properties. (The appropriate remedy would be an amendment to the ordinance.) 47 C&V 2/82 Criteria In deciding variance requests, the Board of_3Ue. ,Ab acts as the agent of the cottA-f li CCi @ttyCo u @nc i 1 @qgr Vi @11 a @a@rd , n o t th e p rope rty owne r. It is the Board's duty to preserve the zoning ordinance without modification as far as possible without injustice to the individual. Variances are intended to be granted infrequently. The applicant for a var, iance must make a clear showing to the Board that his or her request is due to the very unusual qualities of his or her property and that it satisfies the variance standards. Here are some general rules which Board members should keep in mind. 1) Unnecessary hardship must be proven. Variances can only be granted where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in 11practical difficulty" or * "unnecessary hardship" as defined by the Wisconsin Supreme Court in Snyder v. Waukesha CounU Board of Adjustment. The court said that "unnecessary hardship can best be defined as Y 'situa- tion where, in the absence of a variance, no feasible use can be made of the land." The court defined the circumstances required to exist for the grant-ing of an area variance as "whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." (See "Court Decisions and Legal Opinions" sec- tion of Chapter 6 for more details on this decision.) In no case may a variance be granted soley as a convenience to the prop- erty owner. Practical difficulty and unnecessary hardship do not include conditions affecting the lot in question. Unnecessary hardship does not refer to financial g@in or loss. The burden or proving an unnecessary hardship rests upon the applicant, and without such proof, a variance must be denied. The hardship must also be created by the ordinance. If the hardship is self-created, relief by means of variance may not be granted. Such a situation would arise where hardships result from improvements made in violation of the zoning ordi- either willfully or innocently. This is known as a self-created hardship, in which case a variance cannot be granted. If an "after-the-fact" permit is requested and denied for not meeting or- dinance provisions, the property owner might request an "after-the-fact" variance. The variance request must be reviewed by the Board as if the project did not yet exist. If the variance is denied, the Board should order removal of the project and restoration of the property to its orig- inal condition. M 2/82 4R 2) The condition causing the hardship is unique to that property. Suppose a group of property owners applied for a variance based on the same reason. Such matters should be handled through an amendment to the zoning ordinance and not by wholesale application of discretionary power tof the Board of A e s There is no basis for granting a variance from the provisions of a zoning ordinance unless a particular parcel of land ,represents peculiar and special conditions. 3) The granting of the variance will not be contra@y to the public interest or damaOng to the rights of -o-the-r persons or to property values in-t-Fe neigMorhOOd. For example, consider an applicant for a land use permit in a residential district who finds that the 30 foot front yard requirement of the ordi- nance cannot be applied to the particular lot if it is to be used for res- idential purposes. The lot may be too steep to provide the required yard and still use practical construction methods. In this case, the Board may review the facts relating to- the particular lot and might permit the front yard requirement to be reduced from 30 feet to 20 feet without destroying the intent of the ordinance. But, the Board first must determine that the 20 foot front yard on this single property will not significantly disrupt the appearance of the neighborhood or block the vision of the adjoining neighbors or conflict with any of the other purposes which support the general setback rule of 30 feet. 4) Variances are not changes in the ordinance. ThU are rather, modifi- cations in the application of a provisTo-n-of-t-Fe ordinance to a part-TE-57-ar parciT of land. In the above example, the ordinance, on its face, still requires a 30 foot front yard in the residential district. Permission to decrease the yard size to 20 feet extends only to the property which was the subject of the variance. 5) No variances shall be granted simply because there are no objections, or Fe-cause those who do not object out-number those who do; nor for any rea- son other than a proved hardship. Just because there are no objections expressed to a request at a public hearing doesn't provide justification for granting a variance. A variance is only allowed in "unnecessary hardship" or "practical difficulty" cases that were not self created. The Board must also clearly state in their decision how the applicant has demonstrated unnecessary hardship or prac- tical difficulty before they can grant a variance. 49 CH 2/82 Processing a Variance Request 0 I would like to Place My if you place your house house over here to save there, you will not Meet this stand Of oak trees. the side yard requirements of the ordinance. I can't give you a permit. NOW WHAT? you should appeal to the Board of Adjustment for a variance. When an applicant requests a permit for a use requiring a dimensional var- iance, the zoning administrator must deny the permit and state the reasons for denial in writing. The zoning administrator should then advise the applicant of his or her right to appeal to the Board and request a variance to the terms of the ordinance. If the applicant does formally appeal, the Board schedules and makes proper notice of a hearing (see the "Meeting and Hearings" section of this chapter for procedural details of a public hearing). Following the public hearing, the Board uses the criteria listed above to decide' on the var- iance request. The applicant is then notified in writing of the Board's deci- sion. An example of a written Board of Adjustment decision is given in the "Case Examples' section of Chapter 6. (A Board of Appeals decision could, be3c,,4, written in the same manner as that shown for a Board of Adjustment decision.) -./ vexwo-*%, Appeal 'd- Public hearing Board says !W O.K. to the variance "The oak trees are rate, and In this case, a variance to the dimensional standards will not be contrary to the Intent of the ordinance. It will also prevent unnecessary hardship for the property owner." Lfh e e e nts t ho u s@ne' tme P'ac u ar( lulrem I you :Y ore' yo he side of the Ord ni ,I ca give you ap I a wl I s ry Da C&V 2/82 50 The City or Village Planning Commission [NOTE: Much of the material found in this section has been taken from Reviewing, Recommending, and Regulating, prepared by the De artment of Governmental Affairs, the University of Wisconsin, Madison.] General Information Need: Community planning was originally conducted on a rather informal basis. Almost any group or individual could initiate and conduct a plan- ning program. Today, planning is widely recognized as a legitimate func- tion of government, and is carried out in a more formal, institutional format. In cities and villages, this format is the Planning Commission. Planning & Zoning Committee Wisconsin law requires the City Council or Village Board to create a plan County ning agency whenever it is considering the adoption of a zoning Board ordinance. This agency may be any previously established committee of the County Council or Board, or a special committee as authorized by s.62.23, 59.97 Board Wisconsin Statutes. Planning & Zoning Committee Purpose: The Planning Commission is the local government body charged with handling various planning responsibilities in the community. Its primary function is to advise the City Council or Village Board on plan- County ning matters. As an advisor, the basic responsibility is to develop com- Board munity plans which reflect local policy, and serve as a decision-making guide for the Community. A major responsibility of the Commission is that associated with regulat- ing land use. The Commission is required by State Statute to review and make recommendations on various zoning and subdivision activities. De- pending on the local ordinance, the Commission may also have final ap- Commitee proval authority over subdivision plats and special exception permits. 51 C&V 2/82 P&2C Who is the Planning Commission? In Wisconsin the Planning Commission is made up of seven members or citizens appointed by the City Council or County Village Board. Committee membership consists of the following: Board members a. The City or Village Mayor a. County Highway citizens Commissioner appointed by the Board b. The City or Village Engineer b. County Park commissioner C. The President of the Park Board c. 3 members of the County Board (as selected by the Board) d. An Alderman d. 2 citizen members (selected by d. Three citizen members (selected by the Board) who reside in and own property in the County P&2C How Does it work? As indicated before, the Planning Commission is primar- County ily an advisory group to the City Council or Village Board on planning and Board P&2C zoning issues. The council or board directs the Commission in its plan- Board ning activities, which most often relate to local land use issues. The Commission may also be asked to undertake other planning studies such as bike path feasibility, reapportionment, space allocation in municipal of- fices, etc. P&2C According to the Statutes the Planning Commission is to plan behalf of the community. This means the commission must continually evaluate the chang- Committee County ing resources, values and goals of the community, and advise the City Board with private interests in developing plans, and act as a liaison between the governing body, the public and the planning staff. County Board P&2c Relationships between the city council/village Board, the Planning Commission, the Zoning Administrator and the Board of Appeals The following diagrom summarizes the relationships of the major local government bodies that deal wiht land use and zoning. Voters elect serve County City/Village Commissoiners Commissioners appoint advise appoint advise board of board of planning planning& Adjustments appeals Commission zoning Committee serve employ serve zoning administrator and planning staff C&V 2/82 52 Planning + Zoning Committee Duties of the Planning Commission The Planning Commission is responsible for duties delegated to it by the City Council/Village Board. These duties usually include: -Drafting of zoning ordinances. -Reviewing proposed zoning ordinance amendments. -Overseeing the administration of ordinances. -Overseeing the operation of the planning staff. -Reviewing land subdivision plats. -Approving or disapproving special exception (conditional use) permits. THE ZONING ORDINANCE County Boards City Councils and Village Boards are authorized to adopt zoning ordinances for areas within-incorporated limits of cities and villages. The Planning Com- P+ZC t mission usually takes responsibility for initial drafting of the ordinances. It also holds public hearings on the proposed ordinance, and may make changes to it before submitting it to the City Council or Village Board for approval . County P+Z The Planning Commission has similair responsibilities when the community plans Board to adopt a comprehensive revision or amendment to an existing ordinance. ZONING ORDINANCE AMENDMENTS When desired projects fall outside the permitted or special exception use classifications, rezoning through an amendment to the ordinance is the only channel for pursuing a permit. Requests for amendments are initiated by a petition and filed with the City or Village clerk. This petition may be filed by: 1) Any member of the Council or Village Board, 2) Any member of the Planning Commission, or 3) Any property owner in the area to be affected by the proposed amendment For general zoning amendments, members of the affected Town Board may petition for an amendemnt. But for shoreland and floodplain amendments eracted under 35.59.971 and 87.30, towns have no overriding authority. Therefore, Town Board members may not initiate rezoning procedures 53 C&V 2/82 The clerk refers the petition to the Planning Commission for their review and recommendation. Typical amendment requests include: 1) Amending the zoning district map to rezone a parcel of land from one dis- trict to another, and 2) Amending the ordinance text to clarify or change a provision. The amendments can range from minor "mere formality" changes, to major battles between opposing political viewpoints and interest groups. It is the Planning Commission's responsibility to study the facts and opinions, and make a recom- mendation to the City Council or Village Board on the amendment petition. The Council or Board may heed the advice for the Commission, make a contrary deci- sion, or send the proposal back for further study. The Committes recommen- dation must balance the various interests and be consisitent with community policies, and promote the best interst of the community. A public hearing must be held on all amendments petitions. If affected persons wish to protest the adoption of zoning ordinance or amendments, they must present a statement of protest to the City Council or Village Board, signed by at least 20% of the affected landowners. No amendment can become effective with- out the favorable vote of three-fourths of the Council or Board members voting on the change, according to 62.63(7)(d)2, Wisconsin Statutes. While the County has board authority to amend a comprehensive zoning ordi- nance, the Council or Board should remember that floodplain zoning ordinances must comply with minimum State standards. Floodplain amendments that are not approved by the DNR are invalid. The State may adopt a floodplain regulations on behalf of any county, city or village which fails to adopt reasonable and effective requirements. ADMINISTRATION OF ZONING ORDIANCE(S) When drafting the zoning ordinances, the Planning Comission must include pro- visions for administering the ordinances. The approach generally used in Wis- consin communities is to designate a zoning administrator, Board of Appeals Adjustments, and a system of permits for all buildings and future land uses. After the ordinance is adopted and the administrative system established, the Planning Commission has a responsibility to oversee the administration of the ordinance. This duty includes observing the activities of both the zoning administrator and the Board of Appeals. The Committee should pay particular attention to difficulties the administrators are having with poorly written regulations, or changing conditions that make part of the ordinance inappro- priate or obsolete. The Commission can perform a very important function by determining, through consultation and study, what is needed to correct the situation. It can then make a recommendation to the City Council or Village Board for needed ordinance amendments. CV 2/82 54 LAND SUBDIVISION PLATS Reviewing subdivision plats is one of the most important responsibilities of the Planning Commission. Subdivision developments are closely regulated be- cause they have a significant impact on patterns of community growth. Major statutory authority for -regulating the subdivision of land in Wisconsin is found in the State platting law, Chapter 236, Wisconsin Statutes. The pur- pose of this Chapter is to: 1)regulate the subdivision of land to promote public health and safety and general welfare; to further the orderly layout and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and high- ways; to provide for adequate light and air; to facilitate adequate provi- sion for water, sewerage, and other public requirements; to provide for proper ingress and egress; and to promote proper monumenting of land sub- divided and conveyance by accurate legal description." Any municipality which ha-s established a planning agency may adopt ordinances regulating land subdivision under s. 236.45, Wisconsin Statutes. Local ordi- nances must contain subdivision requirements and standards at least as re- strictive as those given in State Statutes and Administrative Codes. Proposed subdivisions must obtain the certification of a number of state and local agencies. Under Wisconsin law, these agencies are broken down into two categories: "approving" agencies and "objecting" agencies. a. Approving Agencies: are local government bodies vested with review and approval authority over proposed subdivisions. The platting law permits the local legislative body to delegate final approval authority to the Planning Commissin. Normally, the City County Board retains ina approval authority while the Planning Commission on reviews proposed subdivisions against local ordinances and makes recommendations to the Council or Board regarding their approval. The following agencies are also considered "approving authorities," and their approvals are necessary before the plat can be recorded: 1) The Town Board of the town in which the plat is located (if the plat is within the extraterritorial plat approval jurisdiction of the City or village Village). 2) The Common Council of a city, or Village Board of a village if the -plat lies within the extra territorial jurisdiction of the city or village (i.e. 3 miles from the limits of a first, second or third class city, or 1 1/2 miles from the limits of a fourth class city or village). 55 C&V 2/82 3) Other local or regional planning commissions may have approval authority. Approving agencies 6D"A Board Village Z.@@ 4ze Sos'16 common Council b. Objecting agencies: are almost always a State agency which is required by law to *review plats and certify "non-objection" to them. The objecting agencies must complete their review before the approving agencies can com- plete theirs. The following State agencies have objecting authority over proposed subdivisions, depending on the particular characteristics of that subdivision: 1) Department of Development - checks all plats submitted to it for surveying accuracy, checks ajew "layout" standards, and serves as a clearinghouse for the reviews by other objecting agencies. 2) Department of Industry, Labor and Human Relations - checks only those plats that do not have public sewer service, and reviews the plats against standards dealing with lot size, slope, bedrock and groundwater to assure there is adequate area on each lot for a suitable on-site waste disposal system. 3) Department of Transportation - checks only those plats which abut State trunk highways or urbanl streets which connect segments of State highways. This agency is particularly interested in controlling points of access to State highways or connecting streets, and road drainage. A certification of no-objection from these agencies is a requirement before the plat can be recorded, and no local authority, such as the r4Ajni422,.C,0@i._ .%Uw, may approve a plat if any of these agencies has made an objection. if the subdivider corrects the reason for the objection, and a second review by the agencies results in no-objections, the approving agencies can complete their review. 41 @ objecting agencloo DILHR blectln 0 DOT M 2/82 RA It i s the Plannign Comission's responsibility to enforce the subdivision re- gulations adopted by the City Council or Village Board, by withholding appro- val from plats that do no comply with the regulations. The determination of compliance may involve some extensive field examinations, and the Commission should have staff available to make these surveys. If the Commission has reason to believe that the proposed subdivison may cause problems overlooked by the appropriate objecting agency, that agency should be contacted to con- duct any necessary field surveys. After reviewing the proposed plat, the Planning Commission may recommend that the plat be approved by the City Council or Village Board and may recommend that some additional requirements imposed. This Community is authorized by s. 236-13, Wisconsin Statutes, to make additional conditions of approval. SPECIAL EXCEPTION (CONDITIONAL USE) PERMITS In some jurisdictions, the Planning Commission is designated as the body re- sponsible for approving or disapproving applications for special exception permits. As described in the, Board of Appeals section section of this chapter, special exceptions (conditional uses) are land uses allowed in a zoning dis- trict only after a hearing and approval by the designated body. If the Committee denies an application for a special exception, the applicant may appeal the decision to whatever local agency or officer the community has designated. In most situation, the Board of Appeals hears such appeals. The Attorney General has stated that there is no statutory right to appeal special exception decisions made by the Planning Commission to the Board of Adjustment. However, an applicant for a special exception permit has the right to appeal an unfavorable Planning Commission decision to the independant appeal body designated by the county pursuant to Chapter 68, Wisconsin Statutes. A county may designate the Board of Adjustment as the independent appeal-agency, or it may designate any other independant County board or agency to hear appeals of decisions issued by the Planning Committee see 69 Opinions of the Attorney General 146, 1980). The reasoning behind this would apply to appeals to the Board of Appeals of special exception permits decided by the Planning Commission, as well. If the decision of the independant appeal body is unfavorable, the applicant may seek judicial review by petitioning for a writ of certiorari under s. 68.13, Wisconsin Statutes. 57 C&V 2/82 Meetings and Hearings The City Coucil or Village Board must adopt rules for the conduct of business by the Board of Appeals, and tehe Planning Commission. The procedures must pro- vide for a public hearing to gather all facts from both sides. The Board of Appeals and Planning Commission may adopt further rules as necessary. Suggested Rules of Order The following is a set of suggested rules of order for the Board of Appeals and Planning Commission: A. Officers 1) The Board of Appeals must elect a chairperson and may elect a vice-chairperson from its membership. The vice-chairperson will serve when the chairperson is absent or unable to serve. The City or Village Mayor will act as the presiding officer of the Planning Com- mission. ) 2) The Board and Committee should each elect one member to act as sec- retary, to serve until replaced, or they may ask a member of the zon- ing staff to act as a nonvoting, recording secretary. The secretary should either tape record the meeting, or contract the services of a professional hearing recorder to produce a complete transcript of the meeting. B. Duties 1) The presiding officer or chairperson presides at all meetings and hearings, and directs the conduct of the sessions. 2) The secretary conducts all official correspondance of the Board of Appeals, receives and files applications, sends out notices and keeps or supervises the keeping of Board or Commission records. The sec- retary is responsible for recording meeting proceedings and keeping complete written meeting minutes. Staff from the local planning and zoning staff may assist the secretary with these duties. C. Rules of Conduct The City County or Village Board must adopt adopt rules for the Board of Ap- peal's conduct or business in accordance with the provisions adopted in the zoning ordinance(s). The Commission may adopt its own rules of con- duct, subject to change by the City Council or Village Board. Further rules may be adopted, including if desired, Robert's Rules of Order. Scheduling Meetings and Hearings 1) A standard monthly meeting day should be established (e.g. the second Tuesday of each month), along with a standard meeting place, and time to begin. C&V 2/82 58 2) At any meeting, the Board or Committee may set a date for the hearing on any appeal, or application filed with it. The secretary may be asked to schedule the hearings subject to ap- proval of the Board or Commission. 3) Any meeting may be cancelled by majority vote of the members at a previous meeting. A meeting may also be cancelled by call of the presiding officer not less than 24 hours before the time estab- lished. If at least 3 members request the meeting be held de- spite the chairperson's call, the meeting may not be cancelled. 4) Regular meetings and additional special meetings may be held at times other than the standard schedule, by majority vote of Board or Committes members at a previous meeting, or by at least a 24-hour ad- vance call of the presiding officer. Notification Requirements 1) All meetings and hearings must be open to the public except that an executive session may be called at the conclusion of any hearing to reach a decision on the case(s) presented. Hearings must be adver- tised with a class 2 notice under Chapter 985 and notice as required by section 19.84, Wisconsin Statutes, must also be given. 2) The Board and Committee are required by law to publish a class 2 notice for each public hearing to be held. Class 2 notices must ap- pear in a newspaper that is published in the county (or in the "official newspaper" designated by the county, on two consecutive weeks with the last publication occurring at least seven days prior to the hearing. "Due notice" must also be given to the parties in interest by mail. The parties in interest include: a. The applicant (the owner of the property for which a permit is sought, or the owner's agent). b. The appellant or petitioner (the person aggrieved by the action of the zoning administrator, or the municipal officer or agency, that has appealed or filed a petition on the matter). C. The DNR Area or District office if the "issue" is located in a floodplain area. 3) To comply with the class 2 notice requirements and the open meeting law, the following information should be published: -Location and time of hearing -The applicant/appellant/petitioner's name -Location of property involved -Nature of the request -Time of any deliberative sessions -Who should attend the hearing (i.e. concerned, affected or interested persons). 59 C&V 2/82 4) Several days prior to the meeting, Board or Committee members should receive an agenda of the order and contents of the upcoming meeting,, The agenda should be supplemented by a packet of applications, maps and reports prepared by the zoning staff on matters scheduled to come before the Board or Commission. Conducting the Hearing The Board of Appeals and Planning Commission are required to hold a public hearing for all administrative appeals, variances, special exception and amendment cases they handle. The purpose of the hearing is to give appli- cants, appellants, petitioners and interested citizens an opportunity to present their views on a case before the Board or Commission makes a final decision. The hearings should be tape recorded and complete minutes and copies of all maps, charts and other exhibits should be kept. 1) The chairperson is responsible for conducting the hearing. 2) The chairperson calls the hearing to order and takes a roll call of all the members present. 3) The chairperson (or secretary) reads a description of the appeal, ap- plication, or petition. 4) The chairperson asks for the reasons for denial of the original re- quest, if there was a denial, which may be read by the zoning admin- istrator. 5) The chairperson asks the appellant or petitioner state his or her case and answer questions the Board or Commission may have. If the appellant or petitioner is not present or represented, the case may be tabled or dismissed. C&V 2/82 60 6) The chairperson asks if there are other persons who wish to speak in favor of the proposal. 7) The chairperson asks for rebuttals or opposition to the proposal. 8) When all those wishing to speak have been heard, the chairperson de- clares the hearing to be closed. If the Board-; or Committee's de- cision is to be rendered at a later date, the chairperson should in- dicate such to those present at the hearing. Deliberative Sessions A short executive session may be called at the conclusion of any public hearing, or at a later date, to decide a case. All non-Board or non- Commission members in the meeting room may be asked to leave except the recording secretary and the legal counsel. The Board or Committee should review the case and use the appropriate guidelines in voting on a deci- sion. A quorum consists of a majority of all the Board of Commisin mem- bers. No action may be taken without the affirmative vote of a majority of the quorum. All decisions shall be made in writing and contain the facts upon which the decision is based. Follow-Up Within a reasonable time after the close of the hearing to which the dec- ision relates (preferably not later than 10 days), copies of each decision must be delivered to: -The zoning administrator, with a written order to issue, deny or modify if the decision concerned a permit. -The applicant, appellant, or petitioner. -Other parties of record. -The Area or District office of the DNR if the decision concerned a floodplain. All conditions imposed upon approving (or recommending to approve) an application, appeal or petition shall be stated in the written decision. Report of Activ ities The Board of Adjustments is usually required to submit an annual report of its activities during the preceding year to the Planning Commission. The Com mission transmits the report to the City Council or Village Board. The city Council or Village Board may request monthly, quarterly or annual reports from the Planning Commission on its activities. These reports should give the Council or Board the information it needs to make deci- sions on local land use and related issues. 61 Case Examples ALLEGED-ERROR - Bob McBuilder Situation: Bob McBuilder asks the zoning administrator to tell him exactly where the floodplain zoning district boundary is in relation to his property. The zoning administrator informs Bob that the boundary runs right through his land. Bob tells the zoning administrator he s nuts and that the maps were prepared by an idiot. He insists that the maps are wrong and requests a map interpretation. The zoning administrator tells Bob that the maps may be wrong, but the ordinance gives him no alternative. Question: Who settles this dispute? Answer: PtUrUSTM Oil The BOARD OF APPEALS. 1. Bob McBuilder alleges there is an error in the floodplain maps, and files an appeal or request for an interpretation with the zoning administrator. AAik&+vuv+ 2. The zoning administrator forwards the matter to the Board 6f AU 71 M 2/82 3. The Board of Adjustment sets a time for a public hearing and publishes a class 2 notice. 4. The Board of Adjustment holds a public hearing on the appeal interpreta- tion. Experts (engineers) may be called on to give their techical evaluation of where the flood limits are. 5. The Board of Adjustment votes on the appeal interpretation. 6. EITHER: OR: The Board of Adjustment grants The Board of Adjustment a favorable interpretation, and directs decides against the the zoning administrator to initiate a appeal interpretation. map amendment petition to the P+ZC THEN WHAT? THEN WHAT? Following an official map amendment, Bob may appeal to a the zoning administrator may issue Bob court of record. a permit. C&V 2/82 72 SPECIAL EXCEPTION - Fred Birchlog Situation: Fred Birchlog wants to cut a row of trees from his shoreland property to help pay for his property taxes. The trees he wants to cut are within 35 feet of the shoreline. On applying for a permit, he dis- covers that tree cutting is listed as a "special exception" in the ordi- nance and must be approved before he can begin cutting. Question: Who is responsible for approving or disapproving Fred's application for a special exception" permit to cut his trees? Answer: The BOARD OF APPEALS or the PLANNING COMMISSION, depending on the ordiance. 73 CH 2/82 1. Application is made to the zoning administrator. 2. The zoning administrator refers' the application to the Board of peals or Planning Commission. 3. The Board or Commission sets a time for a public hearing and pub- lishes a class 2 notice. 4. The Board or Commission holds a public hearing of the special except tion request. 5. The request is voted on by the Board or Commission. 6. EITHER: OR: The request is approved according to The request is denied the conditions listed in the ordinance. THEN WHAT? THEN WHAT? The Board or Commission directs the Fred may appeal to a zoning administrator to issue a special court of record. exception permit to Fred. CV 2/82 74 VARIANCE - John and Cookie Dough Situation: John and Cookie Dough applied for a permit to build an addi- tion on their lake home for a sauna and whirlpool. They wanted the ad- dition to face the lake, which would also save cutting any trees on the prop@rty. Unfortunately, the proposed addition would violate the setback requirements of 75 feet from the shoreline. The Dough's claim that strict enforcement of the setback requirements would be an unnecessary hardship, as alternative addition sites would require sacrificing many trees, which would violate the shorpland regulations on tree cutting. Question: Who decides whether or not John and Cookie can build their addition as proposed? Answer: WSUSIT TAE%M The BOARD OF APPEALS. The zoning administrator denies a building permit because the setback requirements of the zoning ordinance cannot be met. :01001, 75 CH 2/82 2. Appeal is made to the Board of Appeals for a variance from the ordi- nance provisions. 3. The Board of Appeals sets a time for a public hearing and publishes a class 2 notice. 4. The Board of Appeals holds a public hearing on the appeal. 5. The Board of Appeals votes on the appeal. 6. EITHER: OR: The variance is approved as the proposed The variance is denied. activity does not violate the intent of the ordinance. The specific criteria is listed in the Board is written decision on the case. THEN WHAT? THEN WHAT? The Board directs the zoning administrator The Doughs may appeal to to issue a permit to the Doughs. a court of record. CV/82 76 60(44 7.on#'A&6Dwt rvi;hfcc. MEETING MINUTES - Plum City P@anning Commission The following is an exc ut minutes" of the fictitious December 5th 1 @Z excerpt concerns a hearing meeting of the Plum taftij)@gvoWiAsion. The on a proposed amendmen , an esqrJ5e-s-h_e kinds of issues, arguments and de- cision which may be faced b the boorm s o during a typical meeting. Zoning Map Amendment Petition by Mr. Willy Provit to remove the Flood Fringe district classification from one-half acre of his property. Mr. Provit described his proposal, explaining that he had filled this M roperty to the regional flood protection elevation and would now e to build a home on the land. He explained that he had followed proper procedures before filling his property by'securing the neces- sary easements, DNR approval and all ed permits. Before he constructs his home, he wants the Plan@ Mi'inl'_Commission to amend the zoning map and remove the Flood Fri n-ge-di-sf `gn-JtT6n_ from his land. This will relieve him of.he need to floodproof his home. Commissioner Birch asked the zoning administrator, Mi4. Doright, if the amendment proposal was reviewed by the Department of Natural Re- sources. Mr. Doright reported that the proposal was reviewed, and that the DNR stated the map amendment was necessary since the origi- nal fill project increased the height of the regional flood level by 0.15 foot. The DNR approved the map amendment proposal as submitted, since all flooding easements and other appropriate legal procedures were properly accomplished. Any changes to the original proposal would require an additional review and approval by the DNR before the amendment can become effective. Commissioner Birch noted that the fill project met the specifications of the floodplain ordinance by being above the flood protection ele- vation, and contiguous to land outside of the floodplain. Chairman Bigcheese asked for statements in support of the amendment proposal. There being none, the Chairman asked for statements in oppositi-on to the proposal. Mr. I.M. Crabby, a long time Plum City resident, appeared in opposition to the rezoning. He claimed that Mr. Provit's plans to build a house would encourage other residential development in the neighborhood, which would "bring in more kids and dogs to trample my flowers." Chairman Bigcheese reminded Mr. Crabby that the development itself is not contestable, since the area is zoned Residential. The Flood Fringe District simply overlaps the Residential District. No further testimony was heard. The Planning Department recommended approval of the rezoning, as all criteria in the floodplain ordinance was me@. Chairman Bigcheese reminded Mr. Provit that even though the Pi _@l oodplain Ordinance will be amended, the maps used 4y local lending institutions will still consider his property in a flood hazard zone, for insurance purposes. If he builds any part of his home below the regional flood protection elevation, he will pay xcerp ,c 1131r_ T in i y I higher flood insurance premiums. Chairman Bigcheese advised Mr, Provit to talk to his insurance agent and lender about the matter. 77 riv 9/Ag Field Data Needed for Floodplain Determination The following data must be supplied by a permit applicant and submitted to the zoning administrator for his or her use in determining the effect of the pro- posed activity on future flood heights. 1. Valley Cross Section The valley cross section of the channel and overbank area must be taken perpendicular to the flow of the stream. The cross section must extend to an elevation above the expected floodplain. This elevation could vary from 5 to 25 feet above normal water elevations depending on the charac- teristics of the watershed. It is important that the cross section be representative of the hydraulic reach of the stream affected by the proposed project. Thi s may mean taking the typical cross section some distance away from the project site. Field notes must document the respective location of the cross section in relation to the project site. skew note: sections right angle to flow omit-not effective to convey flow flood plain regular lnterv\als change In cross section area 7 location of valley cross sections 2. Stream loge Information Water surface elevations should be taken at the project site, and at points, 1,000 feet upstream and downstream from the site to obtain average stream slope information. The elevations must be obtained during non- flooding conditions. If there is a bridge, culvert, dam or abrupt drop in 78 Co. 2/82 The Law of Zoning and Planning, A.H. Rathkopf, Clark Boardman Co., New Yo-r-k-,7ei-w7ork, 1956. "Zoning Boards of Adjustment/Appeals: A guide for the newly appointed board member," UW-Extension - Department of Governmental Affairs, review draft, 1978. "Zoning Law and Practice in Wisconsin," Richard Cutter, Wisconsin Property Law Series - Vol I, The InstituTe-oT Continuing Legal Education, 1967. Co. 2/82 103 Index: Alleged Errors - 43, 44-45, 71-72 Amendments - 12, 36, 53-54, 77 Appeals - 35, also see Variances; Board of Adjustment; and Hearings. Attorney General Opinions- 93-95 Board,of Adjustment- - - 11, 25,29,35,42-50, 52 Certificate of Compliance - 37, 38 Chapter 30, 31 - 24 Citation Ordinance - 40 Class 2 Notice - 35, 59 Coastal Management - 68-69 Conditional Uses (See Special Exceptions), Construction Site Runoff and Erosion Control - 69-70 Corporation Counsel - 40 Court Decisions - 89,93 Department of Industry, Labor and,Human Relations (DILHR) - 28,29 Department of Natural Resources (DNR) - 21,25,26,30 DNR Bureau of Legal Services Decisions- 95-96 DNR Offices (directory) - 97 Di strict Attorney - 40 Encroachment 5 (defn:), 33 Enforcement 25, 29, 36-40 Federal Emergency Management Agency (FEMA) - 3,19,97 Field Data - 78-82 Flood Boundary Floodway Map - 19 Flood Crest - 5 (defn.) Flood Damage Costs - 4 Flood Frequency - 5 (defn.) Flood Fringe - 7 (defn.) Flood Hazard Boundary Map - 16-17 Flood Hazard Mitigation - 64-65 Flood Hazard-Studies - 21 Flood Insurance Rate Map - 18, 19,33 Flood Insurance Studies - 19,33 Floodplain - 6 (defn.) Floodplain and Shoreland Mapping Grants- 65. Floodplain Information Reports - 20 Floodplain Management - 13-14 Floodplain Maps - 16-21 Floodplain Studies - 16-21 Floodplain Zoning - 3,4,14,16 Flood Profile - 8 (defn.), 83 Floodproofing - 6 (defn.), 84-87 Floodway - 7 (defn.) C&V 2/82 104 Forms - A-1-19 Appeal to the Board of Adjustment/Appeals - A-10 Application for a Permit to Develop in a Floodplain - A-1 Application for a Shoreland Special Exception Permit - A-3 Application for a Shoreland Special Exception Permit - Site Plan Form A-4 Application for a Zoning Permit and Certificate of Compliance - A-2 Certificate of Compliance - A-9 Complaint on Violation - A-8 Notice of Action on Appeal - A-18 Notice of Public Hearing - A-14 Notice of Public Hearing (Special Mail Notice) - A-15 Notice of Public Hearing on Petition (mail notice) - A-16 Notice of Violation - A-7 Petition to Change Zoning Classification - A-13 Report of the Planning & Zoning Committee on Zoning Petition A-17 Request to the City/County Planning & Zoning Committee A-12 Sample Board of Adjustment Decision - A-19 Sample Permit Denial - A-6 Variance Appeal - A-11 Violation - A-5 Zoning Permit - A-5 Freeboard - 8 (defn.) Hydraulic Reach - 8 (defn.) Inspections - 36-38, 39 Meetings - 58-61 National Flood Insurance Program 24, 25, 40, 63-64, 97 Nonconforming Uses - 24-25 MR 115 - 26, 29, 42, 55 NR 116 - 15, 25, 42 MR 118 - 66 Ordinary High-Water Mark - 8 (defn.) Permits - 31-36 Permitted Uses, Floodplain - 21-25 Permitted Uses, General - 11 Permitted Uses, Shoreland-Wetlands 29-30 P P1 0 n -1 0 - i nn* omm ssion :- 11 12, 29, 51-57 r ile (See FlooTProfile) Prohibited Uses, Floodplain - 22-23 Prohibited Uses, General - 12 Prohibited Uses, Shoreland-Wetland 29 Public Hearings - 25, 35, 54, 58-61 105 C&V 2/82 Re'cord Keeping - 40-41 Regional Flood - 6 (defn.), 33 Regionpl Flood El.evation - 6 (defn.), 34- Regional Floods in Wisconsin - 13 Regional Flood Protection Elevation - 6 (defn:.) St. Croix National and Scenic Riverway - 66 Shorelands - 2, 9 (defn.), 26 Shoreland-Wetlands - 29-30 Shoreland Zoning - 2, 4, 26-30 Special Exceptions - 111 36, 42, 43, 45-47, 57, 73-74 Subdiyision Plats - 55-57 Unnecessary Hardship - 48-49 U.S. Army Corps of Engineers - 3, 19, 20, 98 U.S. Geological Survey - 19, 98 U.S. Soil Conservation Service - 19, 21, 98 Variances 35, 43, 47-50, 75-76 Violations 38, 39, 40 Water Resources Act - 1, 4, 14, 26 Wetlands - 9 (defn.), (also see Shoreland-Wetlands-) Wetland Inventory (See Wetland Mapping) Wetland Mapping - 29, 66-68 Zoning Administrator 25, Z9, 31-41, 52 Zoning, General 11 C&V 2/82 106 FLOODPLAIN/SHORELAND MANAGEMENT a guide for local zoning officials regulation & zoning Department of Natural Resources Madison, Wisconsin J@eg Written By: rArtwork By: Pamela Burnett and LuAnne Hansen Georgina Price Floodplain /Shoreland Management #1 Guide for Local Zoning Officials TABLE OF CONTENTS Page CHAPTER 1: PROTECTING PEOPLE, PROPERTY AND RESOURCES: THE RATIONALE FOR LAND USE REGULATIONS IN WISCONSIN . . . . . . 1 Shoreland Zoning Protects Aquatic Resources . . . . . . I Floodplain Zoning Protects People and Property . . . . . 3 Local Controls Follow State Guidelines ... . . . . . . . 4 Communities Make Progress With Shoreland and Floodplain Zoning . . . . . . . . . . . . . . . . . . 4 CHAPTER 2: DESCRIPTION OF TERMS . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 3: WISCONSIN ZONING PROGRAMS . . . . . . . . ... . . . . . . . . 11 Regulating Through Zoning . . . . . . . . . . . . . . . 11 Floodplain Management . . . . . . . . . . . . . . . . . 13 Floodplain Zoning: A Nonstructural Management Tool . . . . . . . . . . . . . . . . . 14 Floodplain Studies Determine Areas To Be Regulated . . . . . . . . . . . . . . . . . 16 Uses of the Floodplain - Permitted And Nonconforming . . . . . . . . . . . . . . . . 21 Community Administration . . . . . . . . . . . . . 25 DNR Administrative Procedures . . . . . . . . . . . 25 Shoreland-Wetland Management . . . . . . . . . . . . . . 26 In the Beginning: Shoreland Management Program - NR 115 . . . @ . . . . . . . . . . . . 26 The New NR 115: Shoreland-Wetland Management . . . 29 Role of the DNR . . . . . . . . . . . . . . . . . . 30 CHAPTER 4: ADMINISTERING ZONING PROGRAMS . . . . . . . . . . . . . . . . 31 The Zoning Administrator . . . . . . . . . . . . . . . . 31 The Board of Adjustment . . . . . . . . . . . . . . . . 42 The Planning and Zoning Committee . . . . . . . . . . . 51 Meetings and Hearings . . . . . . . . . . . . . . . . . 58 0 i Co. 2/82 CHAPTER 5: RELATED PROGRAMS . . . . . . . . . . . . . . . ... . . . . . 62' National Flood Insurance Program . . . . . . . . . . . 62' Wisconsin Flood Hazard Mitigation-Program . . . . . . . 63' Wisconsin Floodplain and Shoreland Mapping Grants Program . . . . . . . . . . . . . . . . . . . 64, NR 118 - Standards and Criteria for the Lower St. Croix National and Scenic Riverway . . . . . . . 65- Wisconsin Wetland Mapping Program . . . . . . . . . . . 65 Wisconsin Coastal Management Program . . . . . . . . . 67. Wisconsin Construction Site and Erosion Control Program . . . . . . . . . . . . . . . . . . . 68 CHAPTER 6: SPECIAL HELPS . . . . . . . . . . . . . . . . . . . . . . . 70 Case Examples . . . . . . . . . . . . . . . . . . . . .. 71 Field Data Needed for Floodplain Determination . . . . 78 Reading A Flood Profile . . . . . . . . . . . . . . . . 83 Floodproofing . . . ... . . . . . . . . . ... . . . . . 84 Court Decisions and Legal Opinions . . . . . . . . . . 88 Where To Go For Help . . . . . . . . . . . . . . . . . 97 Bibliography . . . . . . . . . . . . . ..... ... . . . 99 Index . . . . . . . . . . . . . . . . . . . . ... . . . 104 APPENDIX CONTENTS APPENDIX A: SAMPLE ZONING FORMS . . . . . . . . . . . . . . . . . . . A-1 APPENDIX B: FLOODPLAIN REGULATORY FRAMEWORK . . . . . . . ... . . . . . B-1 S. 87 30 Wisconsin Statutes . . . . . . ..... . . . . B-1 Chapt;r AR 116, Wisc-on--si'n-F-Mministrative Code . . . . B-2 Model Floodplain OrdiWa-n . . . ... . . I. ... . . . B-17 APPENDIX C: SHORELAND REGULATORY FRAMEWORK . . . . . . . ... . . . . . C-1 S. 59.971 Wisconsin Statutes . . . . . . . . . . . . C-1 Chapter Ni 115, Wisconsin Administrative Code- . . . . C-2 Model Shoreland-Wetland Ordinance Ami_n-dm6_nts . . . . . C-9 NOTES Co. 2/82 Financial assistance for the preparation and printing of this manual has been provided through the Wisconsin Coastal Management Program by the Coastal Zone Management Act of 1972, administered by the Federal Office of Coastal Zone Management, National Oceanic and Atmospheric Administration. Additional funds were provided through the State Assistance Program by the Federal Emergency Management Agency. F -M f ID PROTECTING PEOPLE, PROPERTY 6 RESOURCE32 The Rationale 0 for Land Use Regulations in Wisconsin The lakes and rivers of Wisconsin are an integral part of the State's beauty and character. These water resources have historically drawn both settlers and visitors. River floodplains have attracted developments which take advan- tage of the river's navigability, waste processing capacity, and scenic beauty. More leisure time and expendable income have increased pressure on recreational areas, especially lakes, streams and shorelands. The State has recognized the need to protect these resources while at the same time promote wise development. To deal with these development pressures on Wisconsin's aquatic resources, the Legislature passed two protective measures in its Water Resources Act, Chapter 614, Laws of 1965. The first of these, the shoreland zoning provisions of Section 59.971, Wisconsin Statutes, seeks to preserve the natural, historical, cultural, and s nic resources that are present near lakes and streams. The floodplain measures embodied in Section 87.30, Wisconsin Statutes, on the other hand, seek to protect people's lives, health and property from periodic floods on the State's rivers and streams. FOR S&L AE -8Y OWIVER Shoreland Zoning Protects Aquatic Resources In the early 1960's, State lawmakers were still concerned with the economic decline from the northern Wisconsin cutover area and sought ways to bolster that area's declining economy. But the Legislature also recognized that un- controlled development adjacent to lakes and streams could degrade the quality of the water and shorelands. iE to. 2/82 The new shoreland legislation would: prevent and control water pollution, protect spawning grounds and wildlife habitat, preserve shore cover and natural beauty, provide uniformity in placement of buildings and maintain safe and healthful conditions. All Wisconsin counties were required to zone their unincorporated areas lying within 1000 feet of lakes, ponds or flowages and within 300 feet of rivers or streams, or to the landward side of the floodplains, whichever distance is greater. Shoreland properties average 200-300 feet deep so the shoreland area envelops at least three rings of development around lakes and a single ribbon on both sides of flowing, self-cleansing rivers and streams. Ile 100011. lake ulated shwofand- Z watland Gree flood plain runregulatod weliand 300 ft. SM fL Within the shoreland zone, counties must regulate: subdivisions, sanitary provisions, Tot size, building setbacks, tree cutting, drainage alterations and wetlands. Co. 2/82 2 Floodplain Zoning Protects People and Property While there always have been and always will be floods, there were few flood problems until people began occupying floodplains. Yearly flood damages across the nation have steadily increased as development continued to encroach on the floodplains. This occurred in spite of billions of dollars spent on structural measures to try to "control" floods. Floods are natural occurrences. Ancient civilizations learned to live with, and even depend upon the river's yearly spring flooding to enrich the flood- plain. Modern civilization has converted the use of many floodplains from agriculture and open space to residential, industrial, and commercial uses. As more people settled on the floodplain, we built dams, channels and levees to protect people and their property from flood hazards. But these structures are costly and not always effective. Recent management efforts have sought to control development and construction within flo6dplains rather than to control the river. Zoning and other nonstructural techniques have become the favored and most cost effective measures to prevent flood damages. Individualists have argued for their right to live wherever they please - including floodplains and other hazardous locations. They've argued that they build on the floodplain at their own risk. But once settled, these people demand residential amenities - roads, sewers, utilities, and emergency ser- vices. After they experience a flood, they turn to the Federal Emergency Management Agency ' the Amy Corps of Engineers or other Federal or State a- gencies for protective dikes, levees and dams. It's not the individualists who pay for these services and structures, but the general public. Taxpayers share the costs of: � flood control projects, � rescue, relief, and emergency preparedness, � repairs to streets, bridges and utilities and � Federal loans and grants to rebuild flood damaged structures. 4- In addition, local communities bear costs for: �income lost during business interruptions, �their non-Federal share of disaster relief (local communities now pay 25%), �loss of tax base from flood blight areas and �money shunted to flood rehabilitation rather than invested in new economic development. 3 Co. 2/82 Nationwide flood damage costs exceed $2 billion per year, and in Wisconsin more th-an $100 million per year. The 1965 floodplain provisions of the Water Resources Act recognized that keeping development out of the floodplain was a more effective way to minimize flood damage: than building costly, and some- times ineffective, dams, channels and levees. Local Controls Follow State Guidelines The shoreland and floodplain amendments to the Water Resources Act were Wis- consin's first attempts to legitimize the interrelationships between land use and water quality. The new law had to deal with the issue of dividing powers between the State and local governments. Land use controls have traditionally been the domain of local governments, while the State has been guided by the "trust doctrine" to protect its navigable waters. To resolve this issue, the Legislature made both floodplain and shoreland zoning mandatory, but left re- sponsibility for adopting and enforcing the necessary ordinances to local governments. The State DNR was to establish standards and ensure that the local government provide fair and equal treatment to all'citizens. Communities Make Progress With Shoreland and Floodplain Zoning Wisconsin's shoreland and floodplain programs have won nationwide acclaim for their pioneering visions. And statewide, they have helped local governments gain experience and confidence in excercising land use controls. By 1971, all 71 counties had adopted shoreland zoning. Milwaukee County is exempt because it is completely incorporated. Many counties applied the shoreland program's subdivision and sanitary provisions throughout their unincorporated areas. Fifty two counties and 320 cities and villages had adopted floodplain zoning by 1981. Delays with obtaining adequate maps and engineering data have slowed some county efforts, but the recently enacted floodplain and shoreland-mapping assistance program helps local governments by cost-sharing the expenses of ob- taining the necessary maps for effective zoning. More information on this program is included in Chapter 3. Co. 2/82 4 equal e on othersid a" tactor "fretboard" 29 k4 1 R Fq I -M ZfL -fill Z, t0k. RFE. regionaffloodelevation RFPE: regional-Flood protec4.jcn DESCRIPTION OF TERM S This section contains brief descriptions of several terms used in flood- plain-shoreland regulations. Additional technical definitions may be found in the "Definitions" sections of Chapters NR 115 and NR 116, Wisconsin Administrative Code (see Appendixes B and C). Encroachment' - Development of floodplains results in the restriction of natural overflow areas that are needed by streams during flooding conditions. Each development encroaches on the natural overflow area of the stream and increases the regional flood elevation. Development in floodplains is conse- quently entitled "encroachment." never flooded before -100-year flood after fill 100-year flood before fill 10-year flood aftw. fill 1 -year flood before fill 0 flood levels increased "bank full" by landfilling Displacement volume, which raises flood levels across, and channel upstream. Fig. 2.1 The Effect of Encroachment on Flood Levels Flood Crest- - The flood crest is the maximum level reached by the waters of a flood at a particular location along the stream. Flood Frequency - This term refers to the probability of a flood of a certain magnitude occuring in a given year. The larger the flood, the less frequently it is expected to occur. For example, a 100-year flood is larger and less common than a 50-year flood. A common way to refer to flood frequency is to talk about a percent chance of a particular size flood occurring during some period of time. For example, a 100-year flood is called the 1%-chance" flood, since it has a 1% chance of occurring or being exceeded during any given year. This. terminology avoids the misconception that a 100-year flood can only happen once in 100 years. It is possible for a 100-year flood to occur three years in a row or not at all for 500 years. But there is a definite risk of a flood this size occuring any year. The following table shows the percent chance that a flood of a certain fre- quency (in years) will occur or be exceeded during any given year. Percent chance of being equale2 or Flood Frequency exceeded in any given year 1-year flood 100% 10-year flood 10% 30-year flood 3.3% 50-year flood 2% 100-year flood 1% 500-year flood 0.2% 5 Co. 2/82 Agencies use many statistical methods to compute flood frequencies. In gen- eral i records from stream gauging stations are used to determine peak flood discharges for every year. The flood data is analyzed, and a frequency is statistically assigned for various flood sizes. Regional Flood - The term "regional flood" is another way to reference the 1%-chance or 100-year flood. The term describes the average large floods that have occurred in the region of a particular stream. Because flood records are often incomplete or nonexistent for many streams, records from a broad region having similar physical characteristics can be used to determine flood data for other streams in the region. The regional (or 1%-chance) flood is commonly used to delineate floodplains because it is large enough to provide a reasonable guide for protection from flood damage or threat to life and health. Yet the regional flood is not so large as to be unnecessarily restrictive on regulated property owners. This flood is experienced every year somewhere in the country, and presents a risk worth planning for. It is the standard used for regulation and planning throughout the United States. Regional Flood Elevation - This is the water surface elevation associated with the crest of the regional flood. It is usually expressed in terms of eleva- tion above sea level of the water in the immediate vicinity, not points up- stream or downstream. RFPE 2ft. RF fill RFE: regional flood elevation RFPE: regional flood protection elevation Fig. 2.2 Regional Flood Elevation vs. Regional Flood Protection Elevation Regional Flood Protection Elevation - The regional flood protection elevation corresponds to a point two feet above the regional flood elevation. Floodproofing - Floodproofing involves any combination of structural pro- visions, changes or adjustments to properties and structures subject to flood- ing, primarily for the purpose of reducing or eliminating flood damages. The most common method of floodproofing a structure is to raise it on fill to a %@ height above the regional flood elevation. Floodplain - Floodplains are lowlands adjoining lakes and rivers which will be covered by water during the regional flood. For management purposes, the Co. 2/82 6 floodplain is divided into two districts, called the floodway and the flood f ri nge. Floodway - The floodway consists of the stream channel and the adjacent portion of the floodplain required to carry off excess waters from the region- al flood. Anything in the floodway not of sound construction could be swept away. Anything that will impede the flow will also cause higher flood levels and more damage upstream. It is, therefore, important to keep the floodway as open and free of obstruction as possible. Flood Fringe - The flood fringe is the portion of the floodplain outside of the floodway. Flood waters in this area cover the ground, but they may not flow with any appreciable force. Construction may be allowed in the flood fringe, providing it does not increase flood levels by more than 0.1 foot and it is elevated above the regional flood protection elevation or floodproofed. Joe non flo Oatv. 0 0 U Oil J-1 e 0 I E 6 = S @5 111,00 OL -0 0 flood f ri nge flood fringe floodway Most types of development allowed with open space use only permit. 2' L regional flood level -7), normal water level Fig. 2.3 The Floodway and the Flood Fringe 7 Co. 2/92 .Flood Profile A flood profile is a graph showing the relationship of the water surface elevation of a flood to locations along a river or stream. For information on hqw to read a flood profile, see Chapter 6, "Special Helps." Freeboard - Free-board is a safety factor usually expressed in feet, above a @ ertain flood level. Freeboard compensates for the many unknown factors waves, ice, debris, etc.) that may increase flood heights beyond the calcu- lated level. Chapter NR 116 requires three feet of freeboard for levees built in the floodplain. 3' safety factor "freeboard" water surface 40.vee. Fig. 2.4 Freeboard Hydraulic Reach - This is an engineering term used to describe portions of a stream which lie between one major change in the stream character and the next major change. For example, the portion of a stream between two bridges con- stitutes an hydraulic reach. hydraulic reach ,11c react' V,ydrat T note: slope change CD streambed distance above mouth (miles) Fig. 2.5 Hydraulic Reach Ordinary High Water Mark (OHWM) This is the point on the bank or shore of streams and -lakes where the presence or action of surface water is continuous enough to leave a distinctive mark. The line may be indicated by erosion, destruction or change in vegetation, or other easily recognizable character- istics. Co. 2/82 8 Shorelands - In Wisconsin, shorelands around a lake, pond or flowage are those lands extending 1,000 feet from the ordinary high-water mark. Shorelands along a river or stream are those lands 300 feet from the ordinary high water mark, or to the landward edge of the floodplain, whichever distance is greater. Wetlands - These are areas where water is at, near or above the land surface long enough to be capable of supporting vegetation typically adapted to saturated conditions. These areas are also identified by soils which indicate wet conditions. Wetlands generally include swamps, marshes, bogs and similar areas. 9 Co. 2/P2 W L5cmAs C-0- 0->/ "pco WISCOPISIM ZOMING PROGRAMS Regula ting Through Zoning Through zoning a community can separate its land area into distinct districts. Within each district, various regulations for dimensions and uses will govern land use. Zoning enables a community to choose development that is most compatible with its resource base. Through shoreland zoni'ng, navi- gable waters and their shores are protected from improper development. Flood- plain zoning, on the other hand, protects people and property from a poten- tially hazardous environment. Zoning usually regulates both the use of the land and dimensional and setback standards. In a zoning ordinance, a community lays out zoning districts and establishes permitted, special exception (conditional), and prohibited uses within each district. Dimensional standards specify lot sizes, setback distances, and placement of private sanitary facilities. Any development or change in land use that a landowner wishes to undertake requires approval by the local zoning administrator or a county agency. After the property owner completes the appropriate forms and supplies the necessary information, the zoning administrator may: 1) Issue a land use permit for allowed uses if the proper dimensional restrictions are met. 2) Advise the landowner to seek a variance if the dimensional standards create a hardship or practical difficulty. 3) Instruct the applicant to apply for a special exception (conditional use) permit for activities that are only allowed under certain conditions. 4) Suggest that rezoning (through an amendment) would be needed for a desired project which is not permitted due to use restrictions. Within zoning ordinances, three sets of uses may be spelled out. � Permitted uses are those uses which are not prohibited. A building permit or land use permit may be required if the use involves con- struction or modification of a structure, or any type of develop- ment. The zoning administrator examines the completed application form, visits the site and may then issue a permit for appropriate projects. Projects involving uses which fail to meet dimensional standards must be referred to the Board of Adjustment. The Board may authorize these projects by issuing a variance, but only if the pro- posed projects do not conflict witF--t-F-eintent of the zoning ordinance. � Special exceptions (conditional uses) may be compatible with per- mitted uses in a zoning district, but they need to be carefully con- sidered to ensure that they are properly sited and operated. An applicant must contact the zoning administrator to make application for a special exception permit. Counties may designate either the board of Adjustment or the PT-anning and Zoning Committee to consider special exception permits. Uses not specifically identified as being permitted or special exceptions are prohibited. Co. 2/82 Prohibited uses may only be allowed in a given zoning district if the governing body authorizes an amendment to the zoning ordinance text or map. In rezoning an area to a different district, the once pro- hibited use may become a permitted use or a special exception. Map and text amendments are referred to the Planning and Zoning Committee for a public hearing. The Planning and Zoning Committee makes recpm- mendations to the County Board which then takes official action. The application of these zoning principles in managing Wisconsin flood- plaip and shoreland areas is discussed in the following sections. Co. 2/82 12 Floodplain Management Two definitions of floodplain management commonly arise. The first deals with only particular solutions, such as land use regulation to flood problems. But in a broader sense, floodplain management includes the analysis and integra- tion of the entire range of measures that can be used to prevent and mitigate flood damage.In other words, floodplain management deals with 1) present uses - how we can reduce flood damage to existing development and 2) future development - how it may be guided to prevent flood damages. In the past, the usual approach to flood damage reduction - often referred to as the "structural approach" - was to construct flood prevention and retention works such as dams, levees, floodwalls, diversions, and channel improvements. These works, coupled with disaster assistance and financial recovery plans, were the primary tools employed to deal with flood losses. Regional Floods in the State of Wisconsin 13 Co. 2/82 More recently we have focused upon proper use of floodplain land to lessen future flood damages. This is referred to as the "nonstructural approach." Of the measures to protect future uses of the floodplain, Wisconsin has found floodplain zoning to be the most cost-effective. Unfortunately, there has been a tendancy to view the use of nonstructural measures, particularly flood- plain zoning, an@ structural measures as presenting an "either-or" choicei But floodplain management should emphasize selecting the combination of these measures most appropriate to deal with flooding in a particular area. To ac- commodate local situations and a community's own objectives, Wisconsin has set minimum floodplain management standards that a community may adapt to meet its individual needs. Floodphaln MangemnentJ To Mitigate Hazards To Protect for Existing Uses Future Uses Non-Structural Structural Non-Structural Techniques Techniques Techniques I Flood Control Works Floodplain Zoning @Xcquisitionl building codesl. FloodproofiDg _EE 4subdivision regulations]. 4-F-loodWarning Systems _flo@odwai`ls sanitary or Evacuation I channel improvements Public Acq 7-t- Flood insurance Deed RestrIC lo7ns ming Use Policies Fd i 've r -si on Is Tax Incen Nonconfor tives - Freatme@rit Awarenes upland LanTT s warnin signsl ------------ 'si -st-a n 7ce ---rinformation/E ------ records For effective floodplain management, a community fits together the most appropriate combination of measures to deal with their particular flood situation and community objectives. Floodplain Zoning: A Non-Structural Management Tool Wisconsin's 1965 Water Resources Act authorized the floodplain management pro- gram. Wisconsin's floodplain program has won nationwide acclaim as a pioneer- ing effort to alleviate flood damage using non-structural controls. J Co. 2/82 14 Zoning has proven to be one of the most effective tools for carrying out land use plans. Zoning is not a new concept. Government has always regulated the use of property to some extent. New York City adopted the first comprehensive zoning ordinance in 1916. While our American principles recognize a citizen's inherent right to acquire and hold real estate, that right does not necessar- ily carry with it the privilege for a landowner to use land in any manner he or she may choose. The rights of adjoining landowners and the general public must enter the picture. The United States Supreme Court recognizes the legitimacy of zoning. When such zoning seeks to prevent harm, rather than simply secure public benefits at the expense of private landowners, it is an allowable exercise of regula- tory (police) powers. The statutory authority for floodplain management is contained in Section 87.30, Wisconsin Statutes (see Appendix B). This section requires the State to adopt floodplain zoning ordinances for counties, cities and villages that fail to do so. After sufficient hydraulic and hydrologic data become avail- able, local governments have one year in which to adopt an ordinance. If a community fails to fix floodplain limits or adopt a floodplain zoning ordi- nance in a reasonable time frame, the DNR is required, upon its own motion or if petitioned by another State agency or municipality, to adopt an ordinance for.the community. The State may only fix floodplain limits or adopt an ordi- nance for a community after giving proper legal notice, holding a public hear- ing and notifying the appropriate standing committees of the Legislature. In such a case the cost of adopting the zoning ordinance would be levied against the community. The DNR may also intervene when a community adopts an insufficient floodplain ordinance. In such a case, the DNR must notify the community of the ordi- nancels insufficiency in writing before amending a community's ordinance. Ordinances adopted by the State have the same effect as if they were adopted by the community itself. After adoption, the community is responsible for administering and enforcing the floodplain zoning ordinance. The county may amend the ordinance text or maps only with approval of the DNR. Administrative regulation NR 116 (included in Appendix B) sets in writing State guidelines and minimum standards for local floodplain ordinances. It should be noted that the law specifically allows communities to adopt regula- tions more restrictive than the State standards. The administrative rule outlines- .the purpose of the floodplain management program *adoption of ordinances *determination of floodflows *delineation of floodways -allowable uses, nonconforming uses for floodway and flood fringe areas -local administrative responsibilities -procedures for variances, special exceptions and amendments -DNR responsibilities. 15 Co. 2/82 The purpose of Wisconsin's floodplain program is to ensure a uniformity in local programs. Local regulations need to comply with State goals and minimum,. standards because -the physical%:and economic effects of floods cross locall government boundaries. The State standards seek to: -protect life, health and property -minimize costs for flood control projects -reduce rescue and relief efforts -reduce tax dollars spent for flood damages -shorten business interruptions -reduce damage to public facilities and utilities -prevent future flood blight areas -discourage victimization of unwary land and home buyers. L An ordinance must. be adopted, administered and enforced for all floodplains, within a community's jurisdiction. State standards for effective floodplain, management are also included in other related land use codes and programs. Subdivision regulations, building and sanitary codes, and flood insurance regulations reflect the goals set forth for floodplain management. Zoning is not the only tool for accomplishing floodplain management. Communi-@ ties can acquire easements, purchase property, or develop tax incentives to ensure strictly open-space uses. The Weather Service and early flood warning systems have been effective in reducing property damages and loss of lives in some communities. These techniques may be applied in addition to zoning where appropriate. Floodplain Studies Determine A reas to be Regulated. The text of floodplain zoning ordinances must be accompanied by an official map delineating the floodprone areas being regulated. Local floodplain zoning maps can be any of several types. A community may have more than one type of floodplain map, but only the most detailed and up-to-date will be designated as the "official floodplain map" in the text of the ordinance. The most com-- monly used maps are: -Flood Hazard Boundary Maps Flood Insurance Studies including Flood Insurance Rate Maps and Flood Boundary-Floodway Maps -Floodplain Information Reports -Flood Hazard Studies Other floodplain determinations are made in case-by-case studies or major pro- ject restudies done by DNR engineers. Flood Hazard Boundary Maps (FHBM) were first produced by the Depart- ment of Housing and urban Development (HUD) and later by the Federal Emergency Management Agency (FEMA). This series of maps began in Co. 2/82 16 1968 as part of the National Flood Insurance Program. The National Flood Insurance Act of 1968 required HUD to notify all floodprone communities that they had one or more flood hazard area. FHBMs are published to alert citizens of these communities to the hazard they face. The floodplain was approximated on the basis of the best a- vailable data, usually USGS topographic maps, soil surveys or histor- ic flood information. Communities can adopt floodplain zoning on the basis of a FHBM, but these maps show only a general floodplain dis, trict, not floodway and flood fringe. The community can either regu- late the whole floodplain as floodway, thereby prohibiting all but open-space uses, or require a "case-by-case analysis" for each pro- posed development. FLOOD HAZARD BOUNDARY MAP (FHBM) 17 Co. 2/82 FLOOD INSURANCE ROTE KAP (FIRM). Q-) PARK STREET low fiesd Z B Dam ONE ZON E A4 936 ZONE B ZONE 9 934 ZONE B ZONE ZONE ZONE 8 KEY TO MAP ZONE C 500-You Flood Boundary- fw7ioni 5 IMYear Flood Boundary Zone DesilwationsM With Due of Identification "EXPLANATION 7 ZONE DESIGNATIONS *46.12/2t74 00-Year Flood Boundary- ZONE EXPLANATION I -ZON FE-. a: A Areas of 10(@Year flood; ban flood! elevations and 500-Yew Flood Boundary flood h .... d factors not determined. AO Base Flood Elevation Uns Amu at 100-year shallow flooding when depths, With Elevation In FeWs am between one (1) and three (3) feet; average depths of Inundation am shown, but no flood hazard factors am determined. Base Flood Elevgdon In Feet (EL WY) AN Aron of 100,Year shallow flooding where depths Whom Lhdfwm Within ZorA*- am between one (1) and three (3) feet; base flood clandons are shown, but no flood hazard factors Elevation Reference Mark RM7X am determined. AI-A30 Aron of 100-year flood; base flood elevations and RIver Mae flood hazard fact= determined. An Areat of 100-yew flood to be protected by flood -001teferviced W the National Geodetic Vertical Datum of 1929 Phstaction systarn under construction; base flood alovations and flood hazard factors not determined. B Areas between limits of the 100-year flood and SM Yaw flood; or certain areas subject to I 00-year flood. Ing with average depths less than one (1) foot or where the contributing drainage area is im than one square M Protected by lovess from the base flood. (AZI(twisas"h'ading) C Amu of minimal flooding. (No shading) 0 Ares; of undetermined, but posalble, flood haZardL 11 Amu of 100-Yew costal flood with velocity (wan action); beat flood elevation; and flood hazard factors notcletarmined. VI-V30 Amu of 1006YOU coastal flood with velocity (wave action); base flood etarvations and flood hazard factors determined. eo 2,08@ 18 Flood Insurance Studies are funded by the Federal Emergency Manage- ment Agency (FEMA). Th se maps are the second step in the National Flood Insurance Program mapping efforts. The detailed engineering work is contracted to either the U.S. Army Corps of Engineers, U.S. Geological Survey, U.S. Soil Conservation Service, a regional plan- ning commission, or private consultants. Two types of maps are pro- duced as a result of these studies: -Flood Insurance Rate Maps (FIRM) establish insurance rate zones, -Flood Boundary-Floodway Maps (FBFWM) separate floodway from flood fringe areas. FLOOD BOUNDARY KEY M MAP 00-y" V=D SOUN&WY FLOODWRY MfIP nODWAY T-MGM --t0"CM PAD BOUNDARY 3=J ROD SOUNbW V CROSS seeflow WWO RM6x WVA110N REFEF"CE .......... . . . . . . . . . . . . . . . . . . . . . ra It .......... .......... ........... 19 Co. 2/82 Floodplain Information Reports were previously done by the U.S. Army Corps of Engin ers, but have been discontinued because of their over- lap with FEMA's Flood Insurance Studies. Two types of maps were generally produced. The regional flood was delineated on aerial or- thophotographs with contour intervals of 2' or less. The i nterme- diate regional flood 0% chance flood) and standard project flood (500 years or greater) were outlined on a base map showing streets, railroads and other features. AftAffift amik 0 FLWWU PLAM INFORM"AT14""" REPORT INTERMEDIATE REGIONAL FLOOD STANDARD PROJECT FLOOD CHANNEL U-3-G.3. RECORDING GAGE 172.5 DISTANCE FROM MOUTH OF ROCK RIVER IN MOLES. LOCATION OF CROSS SECTION. ................ M. mrs gg' -------- --- ----- NOTE; 1. ELEVATIONS BASED ON HENNEPIN DATUM a. BELOIT CITY DATUM= HENNEPIN DATUM+ 428.14 Co. 2/82 20 Flood Hazard Studies are the result of a recent cooperative DNR-U.S. Soil Conservation Se-rvice program (SCS). The SCS will perform flood hazard studies and develop flood hazard mitigation alternatives at the request of local governments. In the study the SCS will: -Carry out topographic and field surveys Perform hydrologic and hydraulic investigations *Prepare reports and maps to meet State, local, and Federal regulations -Assess natural values of the floodplain Drainage areas must usually be smaller than 250,000 acres (40 square miles) to receive SCS attention, and areas where Flood Insurance Studies have been completed or are scheduled for completion within two years are ineligible for an SCS hazard study. Additional SCS technical services--help with interpreting the study findings, revis- ing floodplain regulation standards and criteria, determining the regulatory floodway, and developing floodproofing techniques - can follow the SCS study or a detailed study done by another agency. The SCS requires local governments to contribute 20% of the study costs. In-kind services by the community or DNR are accepted as the com- munity's contribution to the study. Uses of the Floodplain - Permitted an.d Nonconforming Permitted Uses The administrative rules for floodplain management have set forth minimum standards a community must follow in its ordinance. A community may adopt more restrictive standards but not less restrictive. Where detailed engineer- ing studies have delineated floodway and flood fringe, the zoning ordinance will usually provide separate allowable uses for the floodway and flood fringe. In communities whose maps detail only the general floodplain district or where no engineering study has been done, the whole area may either be regulated as floodway or analyzed on a case-by-case basis for each proposed development. For all subdivisions or when other proposed development is greater than 5 acres, 50 lots or exceeds $75,000 in estimated costs, the ap- plicant bears the cost of these determinations. For smaller projects the in- formation and written request for technical assistance may be transmitted by the zoning administrator to the DNR District or Area Office. DNR engineering staff will determine floodway boundaries and regional flood elevation. 21 Co. 2/82 iffilowed, Permitted Prohibited Uses of the Floodwoy Permitted Under Allowed or Permitted Special Conditions Prohibited Agriculture -cropland -farmhouses -pasture -farm implement storage -orchards -barns, silos, sheds -forestry -farm implement sales Recreation' -natural areas -parks, trails, playgrounds -wells for drinking water -tennis courts, golfcourses -on-site sewage disposal -swimming pools systems (see H62.20) -piers, marinas -overnight campgrounds -shelterhouses, picnic tables Residential -yards, gardens, patios -new residential bldgs. -mobile homes -garages, storage sheds -porches Commercial, Industrial -parking lots, loading -commercial structures areas -industrial buildings -airport landing strips -sand and gravel ops. Utilities, Public Facilities -railroads, streets -solid waste disposal sites -bridges, dams -sewage treatment plants -utility lines, pipelines Co. 2/82 22 fillowed, Permitted 8 Prohibited Uses of the Flood Fringe Permitted Under Allowed or Permitted Special Conditions Prohibited Agriculture -cropland, pastures -farmhouses -orchards, forests -barn silos, sheds -implement storage -implement sales Recreation -natural areas -piers, marinas -parks,trails,playgrounds -swimming pools -golfcourses, tennis -shelterhouses, picnic tables courts Residential -yards, gardens, patios -garages, storage sheds -new porches -residential bldgs. -mobile homes -on-site sewage disposal systems, wells Commercial, Industrial -parking lots, loading -commercial structures areas -stables, kennels -sand & gravel ops. -airport landing strips Utilities, Public Facilities -railroads -solid waste disposal sites -bridges, dams -utility lines, pipelines 23 Co. 2/82 The State standards define different permissible uses for the floodway and flood fringe areas. In the floodway, the zone of rapid flood flow, open space use is required. PeFy@itted uses include agriculture, recreation, parking and certain sand and gravel operations as long as these activities can occur with- gut obstructing flood flows. Buildings for human habitation are prohibited in floodways, as are on-site sewage disposal systems wells for human drinking supply, and solid waste disposal sites. The storage of buoyant, flammable or explosive material or those that obstruct flood flows is prohibited in flood- ways. Campgrounds which meet specific criteria may be allowed in a floodway. Dams, bridges and other shoreworks requiring Chapter 30 or 31 Wisconsin Statutes permits, public utilities and streets, are allowed in floo_dw5-y_s__i7 they are adequately flood- proofed and don't cause a significant increase (greater than 0.1 foot) in the height of the regional flood. If a particular use increases the regional flood elevation by more than 0.1 foot, easements must be obtained from affected property owners. The local ordinance must be amended to officially change the floodplain boundary. Uses in the flood fringe areas are more permissive than in the floodway be- cause the flood fringe is associated with standing or slowly moving water rather than rapidly flowing water. The uses permitted in the flood fringe will not increase flood heights and adversely affect other property owners. Communities may allow certain residential, industrial or commercial uses in the flood fringe area if those uses: 1) are compatible with local comprehensive plans; 2) do not cause a significant (greater than 0.1 foot) increase in the height of the regional flood; and 3) do not materially decrease the storage capacity of the floodplain. The first floor of flood fringe residences must be elevated to the flood pro- tection elevation (two feet above the regional flood). When buildings in the flood fringe are placed on fill, the fill must be at least one foot above the elevation of the regional flood. The fill must extend 15 feet beyond the building and be contiguous to land outside the floodplain so the structure can be reached by rescue and relief vehicles. In communities eligible for the National Flood Insurance Program, FEMA regulations prohibit basements in the floodplain. Houses with basements are assessed flood insurance rates based on the elevation of the basement floor. Industrial development must be elevated or floodproofed. Wells and on-site sewage disposal systems are allowed if floodproofed, but solid waste disposal sites, both public and private are pro- hibited. Nonconforming Uses As do other zoning ordinances, the floodplain regulations provide a "grand- father" clause: pre-existing lawful uses or structures in the floodplain may continue even though they do not comply with new uses permitted in the flood- plain ordinance. Wisconsin differentiates nonconforming uses from nonconform- ing structures. Nonconforming uses, such as a house in the floodway can never be rebuilt. Nonconforming uses that are discontinued for more than twelve consecutive months lose their status, and any new use of the structure or property must then conform to the local ordinance. Co. 2/82 24 Nonconforming structures (such as unelevated buildings in the flood fringe) can be rebuilt if they are floodproofed. Communities are responsible for re- gulating structural repairs through their building permit or land use permit programs. Ordinary maintenance such as painting, decorating, or paneling are not considered structural repairs, and are usually allowed without a permit. But when rebuilding, additions or modifications exceed over the life of the structure 50% of the present equalized assessed value, the entire structure must be floodproofed. Community Administration To administer floodplain zoning, communities must appoint a zoning administra- tor, planning agency, and Board of Adjustment/Appeals. Many communities may already have these officials appointed for comprehensive zoning duties. In this case these officials will also administer the floodplain zoning ordi- nance. The specific duties of these officers is explained in Chapter 4 of this manual. Anyone wishing to add a new use or alter the present use of land, water or a building or other structure in the floodplain must apply to the county, city or village for a permit, special exception, variance, or amendment. The local floodplain zoning ordinance must establish procedures for handling permits, amendments and appeals. NR 116 stipulates that public hearings must be held, proper notice given, and the DNR notified of all special exceptions, vari- ances, appeals and amendments. Communities must have provisions for enforcing their floodplain regulations. Fines may be imposed for floodplain violations, but preferably, violations will be removed, abated or enjoined to preserve the spirit of the ordinance and to protect life, health and property. DNR Administrative Procedures The DNR has responsibilities in four areas of floodplain management. The DNR: 1) provides assistance to local governments, 2) reviews and approves local floodplain zoning ordinance; 3) monitors local programs; and 4) enforces those programs to ensure a consistent statewide approach to floodplain management. The DNR also coordinates community efforts with other State and Federal pro- grams, especially the National Flood Insurance Program. DNR floodplain management responsibilities are shared between the Central (Madison), Area and District offices. The first line of assistance for local officials should be with the Water Management Specialist at the District or Area office. Refer to the map included in "Where to go for Help" in Chapter 6 to identify which office serves your community. 25 Co. 2/82 Shoreland-Wetland Management In the Beginning: Shoreland Management Program - NR 115 In 1966, the Wi sconsi n Legislature passed the Water Resources Act, Chapter 614, Laws of 1965. This legislation created a new comprehensive State and local program for managing the water resources of this state. A portion of this act created Section 59-971 (see Appendix C) of the Wisconsin Statutes which requires the zoning of shorelands in the unincorporated ar6as of each .county. (Shoreland zoning in the incorporated areas of counties is optional.) Shorelands, as defined by the law, are lands within 1,000 feet of a navigable lake, pond or flowage and lands within 300 feet of a river or navigable stream or to the landward edge of the floodplain, if that distance is greater. Administered by the Department of Natural Resources (DNR), the shoreland zoning program is aimed at controlling water pollution, protecting fish habitat, and regulating structures and land uses within shoreland areas. 0 C1 0 a 1313 C3 - C1 .......... BAD GOOD To comply with the Water Resources Act, it was necessary for counties to enact shoreland regulations influding zoning provisions, land division controls, sanitary regulations, an4 administrative provisions ensuring enforcement of the regulations. In the,'discharge of its responsibility under ss. 59.971 and 144.26, Wisconsin Statu-@'-,es, the DNR requires adherence to certain specific standards and criteria./ The standards and criteria were adopted as adminis- trative rules by the :,DNR and are contained in Chapter NR 115, Wisconsin Administrative Code (se&Appendix N. The rules also define the obje_ct_Tv@eso the regulations. Co. 2/82 26 The DNR has prepared a model shoreland protection ordinance which counties may use to meet the requirements of Chapter NR 115. The original NR 115 and the first model ordinance outlined three main "use" districts that have been used by counties to protect shoreland areas. They were conservancy, recreational- residential, and general purpose districts. NR 115 was amended in 1980 and the suggested districts were changed to: 1. Shoreland-wetland zoning and conservancy or wetland districts; 2. Agricultural districts; 3. Recreational-residential districts; 4. Industrial and commercial districts; and 5. General purpose districts. Using the original NR 115 guidelines, all Wisconsin counties have adopted and enforce minimum zoning standards for the protection of shorelands. The following major standards are now enacted in every county as required by NR 115: 1) A shoreland zoning ordinance to control the future uses of land. Counties are required to establish appropriate land use districts in shorelands to separate incompatible land uses and guide development into suitable areas. Counties are also required to include the following minimum standards in the ordinance: a) A minimum lot size with a minimum average width of 65 feet and minimum ar(@a-of-M,000 square feet for lots served by a public sewer. For lots not served by a public sewer, the minimums are a 100-foot average width and 20,000 square foot area. 27 Co. 2/82 b A minimum buildin@ setback of 75 feet from the ordinary high-water mark of the body of water. c) Regulations on cutting trees and shrubbery within a 35-foot wide strip parallel to the water. d) Control of filling, grading, dredging, ditching, and creating lagoons. Typical Shore Front Lot A V 9a regulated cutting view corridor is house 30 feet 75 feet 10 feet f set disposal field septic tank 0 feet minimum lot size 20,000 sq. ft. 2) Subdivision regulations to control the future division of land. NR 115 requires that counties review all land divisions in shoreland areas which create three or more parcels of five acres each or less within a five-year period. The review consists of evaluating the property in terms of depth to bedrock, depth to groundwater, and slope of the land. In essence, the review assures that the parcel is suitable for the installation and proper functioning of an on-site private sewage disposal system. 3) A sanitary code based on the requirements of the Department of Industry, La5-or and Human Relations (DILHR), to provide for the sanitary disposal of wastes and to help assure a clean, safe water supply. Due to the 10 set @f ,@ai importance and complexity of sanitary regulations, other administrative codes have been developed to provide detailed guidance. They include; Chapter NR 112, Wisconsin Administrative Code, regulating construction of Co. 2/82 28 private wells, s. H63, Wisconsin Administrative Code, and s. 59.065, Wisconsin Statutes, regulating design and construction of private sewage di spos-aT-sy stems - 4) An organization for administration and enforcement of the shoreland program, and to amend the regulations to keep them up-to-date. NR 115 requires a three point administrative organization consisting of the following: a) An administrator (the zoning administrator) to advise persons of the permitted uses of their properties, issue permits, make inspections, and report violations; b) A county planning agency (the County Planning and Zoning Committee) to oversee the administration of the ordinances and to conduct hearings and make reports on proposed ordinance amendments; c) A quasi-judicial body (the Board of Adjustment) to interpret the ordinance and to hear appeals for variances and special exceptions and grant or deny them as appropriate. (Hearings on special excep- tions may be handled by the Planning and Zoning Committee in some counties.) Each of these is discussed in detail in Chapter 4 of this manual. The New NR 115: Shoreland-Wetland Management In 1980, under its general statutory authority to manage shorelands, the DNR repealed and recreated NR 115, changing the rules to provide additional pro- tection for wetlands located within shoreland areas. These new shoreland- wetland standards will begin to be implemented by Wisconsin counties in late 1981, and should be phased into existing shoreland management programs throughout the State by 1984. Early in 1981, the DNR began to distribute Wetland Inventory maps prepared under s. 23.32, Wisconsin Statutes, to counties. The maps are to be used to identify shoreland-wetlanF are-as. Before shoreland-wetland regulations are adopted in any county, the county must review the maps prepared by DNR. These maps provide an inventory of wetlands larger than five acres. After the accuracy of maps is verified, the county is required to adopt regulations for shoreland-wetlands. Wetland Inventory maps for the entire State should be completed by 1983. The shoreland-wetland protection standards in NR 115 assume wetlands should be preserved in their natural state as much as possible, but current wetland uses that do not involve new draining, filling, or flooding may be continued. Provision is made for re-zoning a wetland if the landowner can demonstrate that no significant adverse environmental impact will result. NR 115, as amended, spells out the specific activities that are allowed in shoreland-wetlands; all other uses are prohibited. The list of allowed uses includes the following: 29 Co. 2/82 -Hunting, fishing, trapping, hiking, swimming, and boating; -Harvesting wild crops such as marsh hay, wild rice, and berries; -Planting, thinning, and harvesting timber; -Pasturing livestock and contructing and maintaining fences; -Constructing and maintaining duck blinds, piers, docks, and walkways; 0 -Continuing current agricultural cropping practices; -Maintaining town and county highways and bridges. Farmers may continue to pasture livestock or cultivate crops on shore*land- wetlands in years that are dry enough, but they cannot drain, dredge, fill, or flood any shoreland-wetlands that have not already been developed by these methods. Maintenance of existing agricultural drainage systems is allowed in those shoreland-wetlands where the landowner can demonstrate that a system is functioning, however inefficiently. These restrictions frequently are mis- understood to mean that all current uses, particularly agricultural ones, must be discontinued so that the shoreland-wetlands are forever inviolate. Although the shoreland-wetland rules take a restrictive approach, it also contains a provision for counties to re-zone any particular shoreland-wetland upon petition by the landowner. The re-zoning must meet with DNR approval, or the Department can override it. Criteria are outlined in NR 115 to aid DNR and the county in determining whether to approve a re-zoning application. These criteria assume that protection of the wetland is the highest priority. Essentially, the activity proposed under the re-zoning should have no signifi- cant adverse impact on the following: -Storm and flood water storage capacity; -Maintenance of dry season stream flow, or the discharge, recharge, or flow of groundwater through a wetland; -Filtering or storage of sediments and nutrients; -Shoreline protection against soil erosion; -Fish spawning or feeding grounds; -Wildlife habitat; or -Areas of special recreational, scenic or scientific interest. Role of the DNR Section 59-971, Wisconsin Statutes, directs counties to adopt shoreland ordinances that meet the standards set by the DNR. If a county fails to do this, the DNR is authorized to adopt such an ordinance for the county, and the county is still responsible for its enforcement. The same authorizations apply to shoreland-wetland regulations. In the history of shoreland zoning, no county has failed to adopt an adequate ordinance. This record of coopera- tion between the DNR and local officials is a valuable precedent for shoreland-wetland regulation. Although the DNR is prepared to exercise its authority to adopt an ordinance for a county, it would prefer not to. The DNR is also authorized to decide whether the county's ordinance meets NR 115 standards and to determine where a proposed re-zoning of a shoreland- wetland will have a signficant adverse impact. If DNR determines that shoreland-wetland standards will not be met, the Department may take action under NR 115 to revise the ordinance adopted by the county or deny the re-zoning petition granted by the county. Co. 2/82 30 The Zoning Administrator General Information Who is the Zoning Administrator? The zoning administrator is the county employee responsible for admini- stering the zoning ordinance as it is written. Approval for certain activities not explicitly allowed by the ordinance must come from the Board of Adjustment and/or Planning and Zoning Committee - not the zoning admi ni strator. General Responsibilities General duties of a zoning administrator include: o Advising applicants of ordinance provisions and assisting them with permit forms. Issuing permits where allowed by the ordinance. Assisting appellants with appeal forms. Transmitting appeal forms and case records to Board of Adjustment. Inspecting properties for compliance with zoning ordinance. Reporting violations to Planning and Zoning Committee and county legal officer. Issuing notices for hearings, appeals, etc. when not handled by the Board of Adjustment. Keeping complete records of permits issued, inspections made and other official actions. Duties of the Zoning Administrator PERMITS Permit Applications Anyone wishing to develop in a floodplain or shoreland area must obtain a permit application form from the local zoning administrator, fill it out, and submit it for approval before beginning any development activities. (See Appendix A for a sample permit application form.) An important func- tion of the zoning administrator is to assist landowners (or agents) with their permit applications so that all forms are as complete and accurate as possible. This helps to avoid processing delays while saving the ap- plicant, and taxpayers, time and money. 31 Co. 2/82 If the proposed project is in a floodplain, the permit applicant may also need to submit adequate data for the zoning administrator to use in deter- mining the effect of the project on future flood levels. Thi s data i s explained in detail in Chapter 6, Special Helps. If the project is near a lake or stream, the ordinary high-water mark (OHWM) must be determined. The OHWM is the point from which the setback distance is measured and sets forth the jurisdictional limits of the shoreland zone. DNR Area or District office staff are available to help zoning officials locate the OHWM. Review Permit Applications Reviewing a permit application is one of the most important responsibili- ties of the zoning administrator. Many zoning administrators use a permit review checklist to help them determine if the proposed project meets the criteria of the ordinance. The checklist should include factors such as: 1. is the project in a floodplain area? The zoning administrator must first determine if the proposed project is in a special flood hazard area or a shoreland area. If this is not obvious when using a map, an on-site inspection may be necessary. As a result of an on-site inspection, the zoning administrator may find the zoning map is inaccurate. If this is the case, and the proposed project is in a floodplain area according to the map, the zoning administrator should file a map amendment request to the Planning Commission to officially correct the mapping error. Until the amendment is approved by the Commission, the zoning administrator must continue to use the existing map. 2. Is the 'application complete? The zoning administrator cannot properly review an application if it is not complete. The application must include a thorough description of the proposed development, and provide enough data to determine if the project will comply with all ordinance pro- visions. If the application is incomplete or additional data is needed, the zoning administrator can ask the applicant for more information. 1?3. Have all other applicable permits been obtained? Quite often, more than one permit is required to complete a cer- tain project. It is the applicant's responsibility to ensure that all applicable local, State and Federal permits for the lei co. 2/82 32 proposed project are acquired. The zoning administrator should 41 issue the land use permit only after the additional required permits are obtained. E ?4. If the project is in a floodplain, will it be safe from flood- ing? Will it raise future flood levels? To review an application for a proposed project in a floodplain, the zoning administrator must analyze whether the project will be protected from floods and whether it will affect future flood levels. The first necessary piece of information is the eleva- tion of the regional flood. If the community has a Flood In- surance Rate Map (FIRM) and a Flood Insurance Study VIS), flood data for the development site is readily available. If no de- tailed technical data has been supplied to the community, the zoning administrator must determine the elevation from the best informational available. The applicant is responsible for supplying the data necessary to conduct an analysis. (See "Field Data Needed for Floodplain Determination" in Chapter 6.) Many other agencies and reports are available to help the applicant or zoning administrator develop this data. (For a list of these agencies, See "Where to Go For Help" in Chapter 6.) The zoni ng admi ni strator must ensure there i s an analysi s of the af f ect of the proposed development on future flood heights. This is analyzed using an equal degree of hydraulic encroachment on the opposite side of the stream or river. The reason for this is to assure that property owners up, down, or Llo 33 Co. 2/82 across the stream @ or ri ver wi 11 have the same ri ghts to encroach on the.., f 1'6od- pl ai n. . If the analysi s shows that the - devel opment. wfl I rai se the-: regi,onal f 1 ood,. I evel by - more than O..l f oot, . the. permi t must, not be issued,. (Some:ordinance.s@may be:more@restrictive:than O.l.foot.) p roposed f 111 equal encroachment on other side regional flood level cross section Flg.@4-1 Equal Degree of Hydraulic Encroachment If the.. project wi 11 not rai se f 1 ood 1 evel s, the zoni ng admi ni strator may then revi-ew,the development in relation to the flood hazard, and determine- if it will be safe from flooding. If the first floor elevation of the- project is below the regional flood elevation, then it will be subject to damage.-during a flood. A permit must not be issued unless the project is raised on fill to protect it from floods,. and it must not increase the- flood hazard to other areas. Acting on the Permit Application Following a complete review of the permit application, the zoning admini- strator may: 1. Approve the permit. 2. Approve the permit on the condition certain modifications ! are- made to comply with the ordinance. 3'. Deny the permit. If the zoning.administrator approves an application for a permitted use in the floodplain or shoreland, a land use permit must beAssued to the prop- erty owner. This permit must be posted on the property in an obvious position, to notify enforcement officials and the public that the work has been cleared through the proper channels. UWOUSS ?WIT regional flood I Co,.-2/82. 34 Appeal Rights When the zoning administrator denies a permit, the property owner has the right to appeal the decision to the Board of Adjustment. Likewise, if a permit is granted and neighboring property owners or other "aggrieved" persons wish to object, they also have the right to appeal to the Board of Adjustment. The Board is authorized by law to grant a variance from the dimensional standards of the local ordinance in specific cases, for specific reasons. (Any use changes could only be accomplished by amending the ordinance. Amendments are discussed later in this manual.) The zoning administrator should advise the applicant of the right to appeal, and assist him or her in filling out the appeal form. An example of an appeal form is included in Appendix A. Many ordinances place a time limit on the appeal process (usually 30 days), so the zoning administrator should advise the applicant to promptly exercise that right. Zoning Administrator's Responsibility in Appeals to the Board If an applicant decides to appeal a denied permit, the zoning administra- tor assists the applicant in filling out the appeal form, and files it with the Board of Adjustment. Hearings before the Board are similar to a court trial, with sworn wit- nesses and decisions based on the evidence and specific standards, al- though the parties are not required to be represented by attorneys. (For details on the hearing process, see the following section on the Board of Adjustment.) Because of the quasi-judicial nature of the appeal proce- dure, the zoning administrator must be sure that the appeal application is complete. The zoning administrator must provide the entire file concern- ing the case, including the following information: 1. Application number 2. Location of premises 3. Type of structure or use 4. Zoning administrator's reasons for denial 5. Section of ordinance 6. Zoning district involved 7. Action requested by application (variance, special exception, inter- pretation) 8. Reasons why the request should be granted (from application) State law requires that a class 2 notice under Chapter 985, Wisconsin Statutes, be given of the time, date and place of each hearing. - The Board of Adjustment may delegate the notification responsibilities to the zoning administrator. (Details of the class 2 notice requirements are given in the "Meetings and Hearings" section of this chapter.) The Board may also request the zoning administrator to testify at the hearings. In summary, once a permit is denied, the zoning administrator is always required to: 1. Advise applicant of the right to appeal. 2. Assist applicant with filling out the necessary forms. 3. File the information with the Board of Adjustment. 35 Co. 2/82 The zoning administrator is usually required to: 1. Have the hearing notice published. 2. Distribute the hearing notice to parties in interest. 3. Present facts at the hearing. SPECIAL EXCEPTION PERMITS AND AMENDMENTS The zoning administrator ha s little responsibility in the special excep- tion permit or the amendment procedures beyond advising the applicant of the proper coqrse of action to take, and forwarding the applications to the proper governing body. A general understanding of these processes is useful, and are described in the following sections on the Board of Ad- Justment and County Planning and Zoning Committee. ENFORCEMENT Inspections Inspections arp necessary to assure proposed and ongoing projects are in compliance with the ordinance. At a minimum, project site inspections should be made at the following times: 1) Before issuing the land use permit. 0 WHY? This will give the zoning administrator a better idea of what the owner proposes to do, and how it agrees with the terms of the ordinance. 2) When the outlines of any building and accessory structures have been staked out on the ground. Co. 2/82 36 WHY? Errors in location, elevation or size can be detected and cor- rected before building begins. 3) When the foundation walls have been constructed and the sewage dis- posal system installed (but not yet covered over). WHY? This is a recheck of the previous inspection to make sure no errors have crept in during construction. The zon 'ing administrator should require the builder to give adequate notice when construction reaches this stage so an inspection can be scheduled. 4) When work covered on the project has been completed. EB WHY? This inspection is the basis for the Certificate of Com- pliance. It should be thorough to ensure that all permit conditions have been met. 37 Co. 2/82 5Y After-correction of a,:viol-ation. lot 100 A,- WHY? This will:assure the-violation has been completely removed. When all inspections assure the zoning administrator that the work- meets permitted standards, a Certificate of Compliance may be issued. Certificate of Compliance New buildings or additions are not to be occupied until:a Certificate of Compliance is issued to the landowner. This certificate declares that the particular building or project was com- pl6ted in full compliance with the county zoning ordinance and other ap- plicable laws and regulations. An example of the certificate is*included in.Appendix A. When the development-project has been@completed, the landowner applies for the Certificate of Compliance. Before the certificate is- issued., all, errors in construction or installation of equipment must be corrected. Changes in the project from the plans on file, must be processed as.viola- tions. In floodplain areas, the applicant must submit a certification by a registered professional engineer, architect, or surveyor that the fin- ished construction conforms to the fill and first floor-elevation-require- ments as well as appropriate floodproofing standards. An uncorrected error is a violation, and the zoning administrator must process it accordingly. Co. 2/82'' 38 Violations Action on an alleged zoning violation is usually initiated by: 1) The zoning admininstrator; or 2) A complaining citizen LAND PaWAIT 'q1OL 109 To initiate enforcement action the zoning administrator should: 1) Investigate. -inspect the site -take photos of the site (noting time of day, direction, etc.) -if there is a violatton, note it on the Complaint or Notice of Violation form 2) Fill out the Notice of Violation form or complete the Complaint form filed by a complaining citizen (see examples of these forms in Ap- pendix A). Be sure to: *describe the violation and its location -identify the person making the complaint -reference the section(s) of the ordinance violated 3) Distribute copies of the Complaint or Notice of Violation form to: *Board of Adjustment and the Planning and Zoning Committee -District Attorney or Corporation Counsel -Property owner ,DNR Area or District office if the violation is in a floodplain or shoreland -Keep a copy for zoning administrator files 39 Co. 2/82 NOTE: Some counties have adopted a citation ordinance which author- izes the zoning administrator and other county officials to issue citations to start an enforcement action to impose a forfeiture on the alleged violator immediately, without going through the enforce- ment process described here. The statutory authority for adopting such an ordinance is found in s. 66.119, Wisconsin Statutes. 4) Notify the violator by either: a) Notifying the property owner or the owner's agent by letter, or b) Posting a violation notice on the premises. The preferred method is to notify by certified mail, with a return receipt. But if a property owner is difficult to locate, posting may be necessary (see example in Appendix A). The District Attorney or Corporation Counsel's office may take fur- ther action once they are notified of the violation. Vol untary cor- rection of the violation is preferred to legal action (prosecu- tion/enforcement). If the property owner agrees to correct the vio- lation, the zoning administrator will need to inspect the property to make sure the violation has been corrected. RECORD KEEPING Record keeping is an extremely important part of the zoning administra- tor's responsibility in administering county zoning programs. All offi- cial actions must be completely documented in a file record so the Plan- ning and Zoning Committee, Board of Adjustment, and perhaps the courts, can make well informed decisions. Specifically, the following records must be kept on file and open for public inspection: a. A complete and up-to-date copy of all zoning ordinances, maps, etc. b. If the county is participating in the Flood Insurance Program, it is required to record the elevations.of the lowest floor (including basements) of all new or substantially improved structures in a flood hazard area. For floodproofed structures, the elevation to which they have been floodproofed must be obtained and recorded. C. A project file should be kept for each development permit applica- tion. The file should contain: -The permit application -The permit review checklist -Copies of all pertinent correspondence relating to the project -Any appeal or petition proceedings, including a published class 2 notice of the hearing, hearing minutes, and the written decision -Documentation of inspections Subdivision data (if necessary) -A copy of the Certificate of Compliance J Co. 2/ 82 40 A recommended procedure is to keep a daily log of permit applications. The log should list such information as: -Date of application -Applicant's name -File number -Type of permit *Brief project description -Cost of permit ,Payment date and receipt number The zoning administrator should also keep logs for the Board of Adjustment and Planning and Zoning Committee listing the appeal and petition applica- tions filed. The log should include: -Applicant's name ,Hearing,or petition number -The township and zoning district -A legal description Hearing date -Board or Committee written decision 41 Co. 2/82 The Board of Adjustment [NOTE: Much of the material and case examples found in this chapter has been taken from Zoning Boards of Adjustment/Appeals, prepared by the De- partment of--Go-vernmental Affairs, the University of Wisconsin, Madison.] 50hp,,D OF AVPE-Al-51 General Information Need: Since a zoning ordinance cannot anticipate every land use question that w1IT arise in a county, there needs to be some mechanism to give the ordinance flexibility. The Board of Adjustment's authority to grant variances serves this purpose. Chapters NR 115 and NR 116, Wisconsin Administrative Code, re- quire counties to appoint a Board of AdjustmEn't. Purpose: Several types of quasi-judicial zoning decisions are decided by a Fo'mmittee or board rather than by the zoning administrator. These are the variance, the special exception (also known as "conditional use") permit, and the administrative appeal. The Board of Adjustment is usually the county gov- ernmental unit responsible for handling all these cases. (Under s. 59.99(l), Wisconsin Statutes, special exceptions may also be granted by the County Board or the Planning and Zoning Committee.) The Board of Adjustment interprets the meaning of the zoning ordinance and hears appeals for variances and special exceptions (conditional uses), and grants them where appropriate. While performing this function, the Board should not make the mistake of favoring the individual at the expense of the general public. Only by closely following the procedures established by law Co. 2182 42 and interpreted by the courts can the Board successfully navigate the narrow path between avoiding unnecessary hardship and protecting the public welfare in county land use issues. Who is the Board of Adjustment? The Board of Adjustment is a quasi-judicial body appointed by the County Foard. The law specifies that the Board can con- sist of no less than three and no more than five members who must all live within the unincorporated areas of the county, providing that no two members reside in the same town. How are Board members selected? The members of the Board of Adjustment are appointed by the County Board. Their terms of office are staggered so that not more than two members will be appointed in any year. (Only one successor i n any year i f the Board consists of three members. ) How does it work? The Board functions in a quasi-judicial capacity when con- ducting hii`rings and making decisions. Cases handled by the Board must be given procedural due process. This means that every individual has the right to procedural fairness when a government decision is being made that affects the individual's constitutionally protected interests (such as liberty or property). A court can reverse the Board's decision on procedural grounds alone if a plaintiff can show that the Board did not follow correct procedures in handling a case. Normally, however, the court will uphold a Board decision if procedures were followed correctly. Duties of the Board of Adjustment Sections 59.971 and 59.99, Wisconsin Statutes, grant the Board of Adjustment the following powers: a. To hear and decide appeals where there is an ALLEGED ERROR in any order, requirement, decision or determination made by an administrative official in the enforcement of s. 59.97 or 59.971, Wisconsin Statutes, or any zon- ing ordinance adopted pursuant to those Statutes. b. To hear and decide SPECIAL EXCEPTIONS to the terms of the ordinance upon which the Board is required to pass as specified in the ordinance. (Power to decide special exceptions is not limited to the Board of Adjustment. The County Planning and Zoning Committee and the County Board may also grant special exceptions. The zoning ordinance must specify which body has that responsibility.) c. To authorize upon appeal in specific cases such VARIANCE from the terms of the ordinance, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. A variance must observe the spirit of the ordinance and must not be contrary to the public interest. Only the Board of Adjustment may grant variances. A discussion of each of these duties follows. 43 Co. 2/82 ALLEGED ERRORSI or".'CAdMinistrativeL Appea-Ts), Adfni;ntstrativ.e@ appeaT, or appeal. of an- al' eged error ', occurs whetv the appl,ica,- tt.ont for a- zo.ni,ng,permit ask,s. the Boardi of Adjustme@t, to overrule the zoning, admimi strator who,- has alleged1yi made a mi'stake in interpreting a provtsfon Orf t4e.@ zoni@ns ordi:na-nce-. The, usual, circumstances-. are: V., A, permtt ts dbnie,d, based@ on the zoni ng admi ni strator, s i nterpretati.on of the ordinance,,. The permit appl;icant may. see a different interpretatior and appeals the matter to the Board of Adjustment. 2. A: permit is. denied based on the zoning administrator's interpretation of district boupdaries on. a zoning map. For example, shoreland distriat boundaries are established by measurement back from the ordinary high-water marks of lakes and streams. The boundaries of wetland areas may be irregglar and difficult to locate. The zoning administrator must make,an fniti.al determination of the location of these boundaries in order to make a decision on the application. If the applicant is dissatisfied with the zoni'hg administrator's determination, he or she may appeal it to the Board of Adjustment. Criteria, When a zoni.ng permit is denied based on the zoning administrator's interpreta- tion of the ordinance-, and the permit applicant sees a different interpreta- tion (one which would allow the permit to be. granted) and appeal's the matter, the Board of Adjustment must decide whose interpretation is "correct." In making decisions on alleged errors@, the Board should focus on the legisla- tive intent of the zoning ordinance. Although fts determinations are quasi- judicial in nature, the Board of Adjustment functions primarily as an admin- istrative arm of the County Board. Its duty is to preserve the meaning and intent of the zoning 'regulations, so far as these can be determined. Most ordinances contain an interpretation or compliance section which states that the provisions contained in the ordinance shall be considered minimum require- ments,. and shall be liberally construed in favor of the governing body (the County Board). In!cases of a disputed district boundary, an engineer, surveyor or soil scien- tist may be consulted to provide needed technical information. The Board of Co. 2/82 44 Adjustment may also rely on assistance from other county, State or Federal agencies, boards, commissions or staff in the discharge of their duties. Appeal Board Ask review experts "The Z.A. Public was right" hearing Board denies appeal no permit issued Processing an Alleged Error If a permit applicant feels the zoning administrator made a mistake in inter- preting the ordinance or a zoning district boundary, he or she may appeal the decision to the Board of Adjustment. The Board chairperson schedules the hearing, gives proper notice, and follows the correct procedures for con- ducting a hearing and notifying the permit applicant of the Board's decision. This process is outlined in more detail later in this chapter. SPECIAL EXCEPTIONS: (also called Conditional Uses): A special exception is a kind of use that can only be allowed after admin- istrative approval by the Board of Adjustment (o_r__,__aepending on the terms of the ordinance, the Planning and Zoning Committee or the County Board). A special exception is different from a variance. While a variance allows an owner to use his or her property in a manner forbidden by the ordinance, a special exception is expressly permitted--but with certain conditions--in the text of the ordinance. Unnecessary hardship does not need to be proven. Uses classified as special exceptions are not inherently inconsistent with others in the zoning district, but may create special problems or hazards if allowed without special conditions. A special exception is not an administrative appeal. The first time the per- mit applicant gets a decision on a special exception is from the Board of Adjustment. The zoning administrator has the applicant fill out a special exception permit form, and refers the application to the Board. Board review ,rlncg.. 45 Co. 2/82 Criteria To be considered a special exception, the use must be listed as such in the shoreland and floodplain zoning ordinance, along with the standards and con- ditions which must be met. The conditions are provided to protect adjacent landowners, to handle troublesome uses, and to preserve the character of the surrounding area. The conditions should be clearly spelled out in the zoning ordinance, but occasionally some matters of discretion will be left to the Board. The Board must determine each case carefully to avoid charges of making "arbitrary and capricious" decisions. The Board cannot legally allow a special exception if the conditions listed in the ordinance or required by the Board do not exist or cannot be met. The conditions for shoreland special exceptions are set out in Section 18.43 of the Shoreland Protection Model Ordinance. The Floodplain Model Ordinance does not list special exceptions within floodplains. Instead, uses are classified as either permitted or prohibited. Special Are campgrounds exception Board listed as request review special exceptions? Yes! \40 Does the requested use meet the criteria Applicant must listed in the ordinance? seek an ordinance amendment Yes! Public hearing Board says OX! Issue a permit! Processing aspecial exception request When an individual requests information on the permits required for a proposed land use, the zoning administrator may determine that the proposed use is listed as a "special exception" in the zoning ordinance. The zoning admin- istrator assists the individual with a special exception application form and refers it to the Board of Adjustment for a decision. The Board must conduct a . I @_d I I I Zing Co. 2/82 46 public hearing, and give written notice to the applicant of its decision. (See the "Meeting and Hearings" section of this chapter for details on hearing procedures.) Forms to use in processing special exceptions include: -Land use permit application ,Special exception application Notice of public hearing - for publication - for direct mailing -Certificate of notice publication *Special exception permit Examples of several of these forms are included in Appendix A. The Board has several options when making its final determination on applica- tions for special exception permits. It may: 1) reject the application entirely; 2) approve the application in full or in part; or 3) approve the application subject to additional reasonable conditions or modifications. Additional conditions which may be imposed by the Board as a requirement for the special exception permit include landscaping, specified periods of opera- tion, increased setback and yard dimensions, erosion protection measures, etc. Following the public hearing on the special exception request, the Board must notify several parties of its decision. The decision and notification procedures are described in the "Meetings and Hearings" section of this chap- ter. VARIANCE A variance is permission granted by the Board of Adjustment to build or devel- op in a way which is inconsistent with the dimensional standards contained in the ordinance. The variance procedure allows the impact of the general rules to be varied in response to unusual circumstances which constitute 11 unnecessary hardship." The Board cannot vary the use standards of the ordinance. For example, a variance could not be granted-to build a home in a floodway because that type of use is prohibited. A variance is not a convenience to the property owner. Nor should a variance be granted foF--reasons common to other properties. (The appropriate remedy would be an amendment to the ordinance.) 47 Co. 2/82 Cri teri a In deciding variance requests, the Board of Adjustment acts as the agent of the County Board, not the property owner. It is the Board's duty to preserve the zoning ordinance without modification as far as possible without injustice to the individual. Variances are intended to be granted infrequently. The applicant for a var- iance must make a clear showing to the Board that his or her request is due to the very unusual qualities of his or her property and that it satisfies the variance standards. Here are some general rules which Board members should keep in mind. 1) Unnecessary hardship must be proven. Variances can only be granted where, owing to special conditions, a lit- eral enforcement of the provisions of the ordinance will result in "prac- tical difficulty" or "unnecessary hardship" as defined by the Wisconsin Supreme Court in Snyder v. Waukesha County Board of Adjustment. The court said that "unnecessary hardship can best be defined as T__sT_tu_ation where, in the absence of a variance, no feasible use can be made of the land." The court defined the circumstances required to exist for the granting of an area variance as "whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." (See "Court Decisions and Legal Opinions" section of Chapter 6 for more details on this decision.) In no case may a variance be granted soley as a convenience to the prop- erty owner. Practical difficulty and unnecessary hardship do not include conditions affecting the lot in question. Unnecessary hardship does not refer to financial gain or loss. The burden or proving an unnecessary hardship rests upon the applicant, and without such proof, a variance must be denied. The hardship must also be created by the ordinance. If the hardship is self-created, relief by means of variance may not be granted. Such a situation would arise where hardships result from improvements made in violation of the zoning ord- inance, either willfully or innocently. This is known as a self-created hardship, in which case a variance cannot be granted. If an "after-the-fact" permit is requested and denied for not meeting ord- inance provisions, the property owner might request an "after-the-fact" variance. The variance request must be reviewed by the Board as if the project did not yet exist. If the variance is denied, the Board should order removal of the project and restoration of the property to its orig- inal condition. Co. 2/82 48 2) The condition causing the hardship is unique to that property. Suppose a group of property owners applied for a variance based on the same reason. Such matters should be handled through an amendment to the zoning ordinance and not by wholesale application of discretionary power of the Board of Adjustment. There is no basis for granting A variance from the provisions of a zoning ordinance unless a particular parcel of land represents peculiar and special conditions. 3) The granting of the variance will not be contrary to the public interest or damaqing to the rights of offier per-sons or to property values in the neighborhood. For example, consider an applicant for a land use permit in a residential district who finds that the 30 foot front yard requirement of the ord- inance cannot be applied to the particular lot if it is to be used for residential purposes. The lot may be too steep to provide the required yard and still use practical construction methods. In this case, the Board may review the facts relating to the particular lot and might permit the front yard requirement to be reduced from 30 feet to 20 feet without destroying the intent of the ordinance. But, the Board first must deter- mine that the 20 foot front yard on this single property will not signif- icantly disrupt the appearance of the neighborhood or block the vision of the adjoining neighbors or conflict with any of the other purposes which support the general setback rule of 30 feet. 4) Variances are not changes in the ordinance. They are rather, modifica- tions in the application of a provision of the ordinance to a p_a_r_tT_c5Tir parcel of land. In the above example, the ordinance., on its face, still requires a 30 foot front yard in the residential district. Permission to decrease the yard size to 20 feet extends only to the property which was the subject of the variance. 5) No variances shall be granted simply because there are no objections, or because those who do not object out-number those who do; nor for any rea- son other than a proved hirdship. Just because there are no objections expressed to a request at a public hearing doesn't provide justification for granting a variance. A variance is only allowed in "unnecessary hardship" or "practical difficulty" cases that were not self created. The Board must also clearly state in their decision how the applicant has demonstrated unnecessary hardship or prac- tical difficulty before they can grant a variance. 49 Co. 2/82 Processing a Var"iance Request' .1 would like to place my if you place your house house over here to save there, you will not meet this stand of oak trees. the side yard requirements of the ordinance. I can't give you a permit. NOW WHAT? You should appeal to the Board of Adjustment for a variance. When an applicant requests a permit for a use requiring a dimensional var- iance, the zoning administrator must deny the permit and state the reasons for denial in writing. The zoning administrator should then advise the applicant of his or her right to appeal to the Board and request a variance to the terms of the ordinance. If the applicant does formally appeal, the Board schedules and makes proper notice of a hearing (see the "Meeting and Hearings" section of this chapter for procedural details of a public hearing). Fol 1 owi ng the public hearing, the Board uses the criteria listed above to decide on the var- iance request. The applicant is then notified in writing of the Board's de- cision. An example of a written Board of Adjustment decision is given in the "Case Examples" section of Chapter 6. eal ILBoard Public hearing wj___*. Board says revie O.K. to the variance 4@.7 "The oak trees are rare, and In this case, a variance to the dimensional standards will not be contrary to the intent of the ordinance. it will also prevent unnecessary hardship for the property owner." u lace 0 v r h se et ! nts t r tOuD 10 me ui yo p: :m he e y u s Lfhe ide a iq re r y 0! the ordine il can ive you a I Ji D so' la w I ry ssa Co. 2/82 50 The Planning and Zoning Committee [NOTE: Much of the material found in this section has been taken from Reviewing, Recommending, and Regulating, prepared by the Department of Governmental Affairs, the University of Wisconsin, Madison.] cogg E gcv cotAtA FLOW" zotA%%G Cot," General Information Need: Community planning was originally conducted on a rather informal basis. Almost any groue or.individual could initiate and conduct a plan- ning program. Today, planning is widely recognized as a legitimate func- tion of government, and is carried out in a more formal, institutional format. In counties, this format is the Planning and Zoning Committee. Wisconsin law requires the County Board to create a planning agency when- ever it is considering the adoption of a county zoning ordinance. This agency may be any previously established committee of the.Count@ Board, or a special committee as authorized by s. 59.97, Wisconsin Statutes. Purpose: The Planning and Zoning Committee is the local government body chargeTwith handling various planning responsibilities in the community. Its primary function is to advise the County Board on planning matters. As an advisor, the basic responsibility is to develop community plans which reflect local policy, and serve as a decision-making guide for the County. A major responsibility of the Committee is that associated with regulating land use. The Committee is required by State Statute to review and make recommendations on various zoning and subdivision activities. Depending on the local ordinance, the Committee may also have final approval author- ity over subdivision plats and special exception permits. 0 51 Co. 2/82 I Who is the Planning and Zoning Committee? In Wisconsin, the PRC is made up of County @Board members- or citizens appointed by the County Board. Committee merftrship often cqnsists of the following: a. The County Highway Commissioner b. The County Park Commissioner c. Three members of the County Board (as selected by the Board) d. Two citiZen members (selected by the County Board) who reside in and own property in the County. How Does it Work? As indicated before, the PRC is primarily an advisory group to the County Board on planning and zoning issues. The County Board directs the PRC in its planning activities, which most often relate to local land use issues. The Board may also ask the Committee to undertake other planning studies such as bike path feasibility, reapportionment, space allocation in municipal offices, etc. According to the Statutes, the PRC may employ technicians and other staff to help carry out their duties and responsibilities. The staff provides the Committee with advice, data, reports and recommendations. In developing plans, the P&ZC is to plan on behalf of the community. This means the Committee must continually evaluate the changing resources, values and goals of the community, and advise the County Board as appro- priate. It is to balance governmental with private interests in develop- ing plans, and act as a liaison between the governing body, the public and the planning staff. Relationships between the County Board, the Planning and Zoning Committee, tFe-Zo-ning Administrator and the Board of Adjus ent The following diagram summarizes the relationships of the major local government bodies that deal with land use and zoning. elect serve COUNTY COMMISSIONERI.@@ appoint advise appoint advise BOARD PLANNING & C( OF ADJUSTMENT ZONING, OMMITTEEI serve e loy, serve. ZONING ADMINISTRATOR AND PLANNING STAFF = P NI C ZONING p Co. 2/82 52 Duties of the Planning and Zoning Committee The Planning and Zoning Committee is responsible for duties delegated to it by the County Board. These duties usually include: -Drafting of zoning ordinances. -Reviewing proposed zoning ordinance amendments. -overseeing the administration of ordinances. -Overseeing the operation of the planning staff. -Reviewing land subdivision plats. -Approving or disapproving special exception (conditional use) permits. THE ZONING ORDINANCE County boards are authorized to adopt zoning ordinances for areas outside in- corporated limits of cities and villages. The Planning and Zoning Committee usually takes responsibility for initial drafting of the ordinances. It also holds public hearings on the proposed ordinance, and may make changes to it before submitting it to the County Board for approval. The Planning and Zon- ing Committee has similar responsibilities when the County plans to adopt a comprehensive revision or amendment to an existing ordinance. ZONING ORDINANCE AMENDMENTS When desired projects fall outside the permitted or special exception use classifications, rezoning through an amendment to the ordinance is the only channel for pursuing a permit. Requests for amendments are initiated by a petition and filed with the county clerk. This petition may be filed by: 1) Any member of the County Board, 2) Any member of the Planning and Zoning Committee, or 3) Any property owner in the area to be affected by the proposed amendment For general zoning amendments, members of the affected Town Board may petition for an amendment. But for shoreland and floodplain amendments enacted under ss. 59.971 and 87.30, towns have no overriding authority. Therefore, Town Board members may not initiate rezoning procedures. 53 Co. 2/82 The county clerk refers the petition to the Planning and Zoning Committee for their review and recommendation. Typical amendment requests include: 0 1) Amending the zoning district map to rezone a parcel of land from one di,s- trict to another, and 2) Amending the ordinance text to clarify or change a provision. The amendments can range from minor "mere formality" changes, to major battles between opposing political viewpoints and interest groups. It is the Planning and Zoning Committee's responsibility to study the facts and opinions, and make a recommendation to the County Board on the amendment petition. The County Board may heed the advice of the Committee, make a contrary decision, or send the proposal back for further study. The Committee's recommendation must balance the various interests and be consistent with County policies, and promote the best interest of the community. A public hearing must be held on all amendment petitions. If an affected per- son wishes to appeal the adoption of zoning ordinances or amendments, he or she must do so within six months after adoption, according to s. 59.9704), Wisconsin Statutes. While the county has broad authority to amend a comprehensive zoning ordi- nance, the County Board should remember that floodplain and shoreland zoning ordinances must comply with minimum State standards. Floodplain amendments that are not approved by the DNR are invalid, and shoreland amendments that are less restrictive than those in the State standards, may be overridden. The State may adopt shoreland and floodplain regulations on behalf of any county, city or village which fails to adopt reasonable and effective require- ments. ADMINISTRATION OF ZONI-NG ORDINANCE(S) When drafting the zoning ordinances, the Planning and Zoning Committee must include provisions for administering the ordinances. The approach generally used in Wisconsin counties is to designate a zoning administrator, a Board of Adjustment, and a system of permits for all buildings and future land uses. After the ordinance is adopted and the administrative system established, the Planning and Zoning Committee has a responsibility to oversee the administra- tion of the ordinance. This duty includes observing the activities of both the zoning administrator and the Board of Adjustment. The Committee should pay particular attention to difficulties the administrators are having with poorly written regulations, or changing' conditions that make part of the ordi- nance inappropriate or obsolete. The Committee can perform a very important function by determining, through consultation and study, what is needed to correct the situation. It can then make a recommendation to the County Board for needed ordinance amendments. Co. 2/82 54 LAND SUBDIVISION PLATS Reviewing subdivision plats is one of the most important responsibilities of the Planning and Zoning Committee. Subdivision developments are closely regu- lated because they have a significant impact on patterns of community growth. Major statutory authority for regulating the subdivision of land in Wisconsin is found in the state platting law, Chapter 236, Wisconsin Statutes. The pur- pose of this Chapter is to: 11regulate the subdivision of land to promote public health, safety and general welfare; to further the orderly layout and use of land; to prevent the overcrowding of land; to lessen congestion in the streets and high- ways; to provide for adequate light and air; to facilitate adequate provi- sion for water, sewerage, and other public requirements; to provide for proper ingress and egress; and to promote proper monumenting of land sub- divided and conveyance by accurate legal description." Any municipality which has established a planning agency may adopt ordinances regulating land subdivision under s. 236.45, Wisconsin Statutes. Chapter NR 115, Wisconsin Administrative Code, requires counties to review land divisions in shoreland areas which cre-aTe--Uree or more lots of five acres each or less over a period of five years or less. Local ordinances must contain subdivi- sion requirements and standards at least as restrictive as those given in State Statutes and Administrative Codes. Proposed subdivisions must obtain the certification of a number of state and local agencies. Under Wisconsin law, these agencies are broken down into two categories: "approving" agencies and "objecting" agencies. a. Approving Agencies: are local government bodies vested with review and approval authority over proposed subdivisions. The platting law permits the local legislative body to delegate final approval authority to the Planning and Zoning Committee. Normally, the County Board retains final approval authority while the Planning and Zoning Committee reviews pro- posed subdivisions against local ordinances and makes recommendations to the County Board regarding their approval. The following agencies are also considered "approving authorities," and their approvals are necessary before the plat can be recorded: 1) The Town Board of r, e town in which the plat is located. 2) The Common Council of a city, or Village Board of a village if the plat lies within the extra territorial jurisdiction of the city or village (i.e. 3 miles from the limits of a first, second or third class city, or 1 1/2 miles from the limits of a fourth class city or village). 0 55 Co. 2/82 3) Other local or regional planning commissions may have approval authority. Approving agencies 13oavd C013 10 illl>c jo,sv% IBOOLI'd Common Council b. Objecting agencies: are almost always a State agency which is required by law to review plats and certify "non-objection" to them. The objecting agencies must complete their review before the approving agencies can com- plete theirs. The following State agencies have objecting authority over proposed subdivisions, depending on the particular characteristics of that subdivision: 1) Department of Development - checks all plats submitted to it for surveying accuracy, checks a few "layout" standards, and serves as a clearinghouse for the reviews by other objecting agencies. 2) Department of Industry, Labor and Human Relations - checks only those plats that do not have public sewer service, and reviews the plats against standards dealing with lot size, slope, bedrock and groundwater to assure there is adequate area on each lot for a suitable on-site waste disposal system. 3) Department of Transportation - checks only those plats which abut State trunk highways or urban streets which connect segments of State highways. This agency is particularly interested.in controlling points of access to. state highways or connecting streets, and road drainage. A certification of no-objection from these agencies is a requirement before the plat can be recorded, and no local authority, such as the Planning and Zoning Committee, may approve a plat if any of these agencies has made an ob- jection. If the subdivider corrects the reason for the objection, and a second review by the agencies results in no-objections, the approving agencies can complete their review. Objecting agencies DILHR 1>101 1@2 @@bj,ecuin 00 DOT Co. 2/82 56 It is the Planning and Zoning Committee's responsibility to enforce the sub- division regulations adopted by the County Board, by withholding approval from plats that do not comply with the regulations. The determination of com- pliance may involve some extensive field examinations, and the Committee should have staff available to make these surveys. If the Committee has reason to believe that the proposed subdivison may cause problems overlooked by the appropriate objecting agency, that agency should be contacted to con- duct any necessary field surveys. After reviewing the proposed plat, the Planning and Zoning Committee may re- commend that the plat be approved by the County Board and may recommend that some additional requirements be imposed. The County is authorized by s. 236.13, Wisconsin Statutes, to make additional conditions of approval. SPECIAL EXCEPTION (CONDITIONAL USE) PERMITS In some jurisdictions, the Planning and Zoning Committee is designated as the body responsible for approving or disapproving applications for special excep- tion permits. As described in the Board of Adjustment section of this chap- ter, special exceptions (conditional uses) are land uses allowed in a zoning district only*after a hearing and approval by the designated body. If the Committee denies an application for a special exception, the applicant may appeal the decision to whatever county agency or officer the county has designated. In most situation, the Board of Adjustment hears such appeals. The Attorney General issued an opinion that the Board of Adjustment cannot hear appeals to special exception decisions made by the Planning and Zoning Committee (see 69 Opinions of the Attorney General 146 (1980)). However, an applicant for a special exception permit has the right to appeal an unfavor- able Planning and Zoning Committee decision to the independant appeal body designated by the county pursuant to Chapter 68, Wisconsin Statutes. A county may designate the Board of Adjustment as the independant appeal agency, or it may designate any other independant county board or agency to hear appeals of decisions issued by the Planning and Zoning Committee. If the decision of the independant appeal body is unfavorable, the applicant may seek judicial review by petitioning for a writ of certiorari under s. 68.13, Wisconsin Statutes. 57 Co. 2/82 Meetings and Hearings The County Board must adopt rules for the conduct of business by the Board of Adjustment and the Planning and Zoning Committee. The procedures must provide for a public hearing to gather all facts from both sides. The Board @and Com- mittee may adopt further rules as necessary. Suggested Rules of Order the following is a set of suggested rules of order for the Board and-Committee: A4 Officers 1) The Board and Committee must each elect a chairperson and may elect a vice-chairperson from its membership. The vice-chairperson will serve when the chairperson is absent or unable to serve. 2) The Board and Committee should each elect one member to act as set- retary, to serve until replaced, or they may ask a member of the zoning staff to act as a nonvoting, recording secretary. The sec- retary should either tape record the meeting, or contract the ser- vices of a professional hearing recorder to produce a complete tral- script of the meeting. B. Duties 1) The chairperson presides at all meetings and hearings, and- directs the conduct of the sessions. 2) The secretary conducts all official correspondence of the Board, receives and -files applications, sends out notices and keeps or su- pervises the keeping of Board or Committee records. The secretary is responsible for recording meeting proceedings and keeping com- plete written meeting minutes. Staff from the Planning and Zoning staff may assist the secretary with these duties. C. Rules of Conduct The County Board must adopt rules for the Board's conduct of business in accordance with the provisions adopted in the zoning ordinance(s). The Committee may adopt its own rules of conduct, subject to change by the County Board. Further rules may be adopted, including if desired, Robert's Rules of Order. Scheduling Meetings and Hearings 1) A standard monthly meeting day should be established (e.g. the sec- ond Tuesday of each month), along with a standard meeting place, and time to begin. 2) At any meeting, the Board or Committee may set a date for the hear- ing on any appeal, or application filed with it. The secretary may 40 Co. 2/82 58 be asked to schedule the hearings subject to approval of the Board or Committee. 3) Any meeting may be cancelled by majority vote of the members at a previous meeting. A meeting may also be cancelled by call of the chairperson not less than 24 hours before the time established. If at least three members (or two in the case of a three-membe'r Board) request the meeting be held despite the chairperson's call, the meeting may not be cancelled. 4) Regular meetings and additional special meetings may be held at times other than the standard schedule, by majority vote of Board or Committee members at a previous meeting, or by at least a 24-hour advance call of the chairperson. Notification Requirements 1) All meetings and hearings must be open to the public except that an executive session may be called at the conclusion of any hearing to reach a decision on the case(s) presented. Hearings must be adver- tised with a class 2 notice under Chapter 985 and notice as required by section 19.84, Wisconsin Statutes, must also be given. 2) The Board and Committee are required by law to publish a class 2 notice for each public hearing to be held. Class 2 notices must appear in a newspaper that is published in the county (or in the 11official newspaper" designated by the county), on two consecutive weeks with the last publication occurring at least seven days prior to the hearing. "Due notice" must also be given to the parties in interest by mail. The parties in interest include: a. The applicant (the owner of the property for which a permit is sought, or the owner's agent). b. The appellant or petitioner (the person aggrieved by the action of the zoning administrator, or the municipal officer or agency, that has appealed or filed a petition on the matter). C. The DNR Area or District office if the "issue" is located in a shoreland or floodplain area. 3) To comply with the class 2 notice requirements and the open meeting law, the following information should be published: -Location and time of hearing -The applicant/appellant/petitioner's name *Location of property involved ,Nature of the request -Time of any deliberative sessions *Who should attend the hearing (i.e. concerned, affected or interested persons). 59 Co. 2/82 4) Several days prior to the meeting, Board or Committee members should receive an agenda of the order and contents of the upcoming meet- ing. The agenda should be supplemented by a packet of applications, maps and reports prepared by the zoning staff on matters schedulbd to come before the Board or Committee. OOAU MEMBER Conducting the earing The Board of Adjustment and Planning and Zonfi,g Committee are required to hold a public hearing for all administrative arpeals, variances, special exception and amendment cases they handle. The purpose of the hearing is to give applicants, appellants, petitioners and interested citizens an opportunity to present their views on a case before the Board or Commit- tee makes a final decision. The hearings should be tape recorded and complete minutes and copies of all maps, charts and other exhibits should be kept. 1) The chairperson is responsible for conducting the hearing. 2) The chairperson calls the hearing to order and takes a roll call of all the members present. 3) The chairperson (or secretary) reads a description of the appeal, application, or petition. 4) The chairperson asks for the reasons for denial of the original re- quest, if there was a denial, which may be read by the zoning admin- istrator. 5) The chairperson asks the appellant or petitioner to state his or her case and answer questions the Board or Committee may have. If the appellant or petitioner is not present or represented, the case may be tabled or dismissed. Co. 2/82 60 6) The chairperson asks if there are other persons who wish to speak in favor of the proposal. 7) The chairperson asks for rebuttals or opposition to the proposal. 8) When all those wishing to speak have been heard, the chairperson declares the hearing to be closed. If the Board's or Committee's decision is to be rendered at a later date, the chairperson should indicate such to those present at the hearing. Deliberative Sessions A short executive session may be called at the conclusion of any public hearing, or at a later date, to decide a case. All non-Board or non-Committee members in the meeting room may be asked to leave except the recording secretary and the legal counsel. The Board or Committee should review the case and use the appropriate guidelines in voting on a decision. A quorum consists of a majority of all the Board or Committee members. No action may be taken without the affirmative vote of a ma- jority of the quorum. All decisions shall be made in writing and contain the facts upon which the decision is based. Follow-Up Within a reasonable time after the close of the hearing to which the de- cision relates (preferably not later than 10 days), copies of each deci- sion must be delivered to: -The County Board Supervisor and Town Board Chairman. -The zoning administrator, with a written order to issue, deny or modify if the decision concerned a permit. -The applicant, appellant, or petitioner. -Other parties of record. -The Area or District office of the DNR if the decision concerned a floodplain or shoreland area. All conditions imposed upon approving (or recommending to approve) an application, appeal or petition shall be stated in the written decision. Report of Activities The Board of Adjustment is usually required to submit an annual report of its activities during the preceding year to the Planning and Zoning Com- mittee. The Committee transmits the report to the County Board. The County Board may request monthly, quarterly or annual reports from the Planning and Zoning Committee on its activities. These reports should give the County Board the information it needs to make decisions on county land use and related issues. 61 Co. 2/82 7&4lWC- W&RV OV" APPEALS/ Xwu6TMeMT\ PwAr ODMINISTERING ZONING PROGRAMS dA E2H 1 -14 RELOTED PROGRAMS National Flood Insurance Program In 1968, Congress created the National Flood Insurance Program to make flood insurance available at Federally subsidized rates to property owners in flood prone areas, provided the community agrees to adopt local regulations to pro- tect lives and new construction from future flooding. The model ordinance included in the appendix to the manual was developed to meet both State and Federal standards; therefore, adoption of the ordinance would enable Wisconsin communities to comply with Federal flood insurance requirements. The program is intended to work as follows: a) The Federal Emergency Management Agency (FEMA) formally notifies the com- munity that it has a flood hazard area, by issuing a Flood Hazard Boundary Map (FHBM). b) The community submits an application to FEMA and assures that it will reg- ulate development in the flood hazard area. The community is then eligi- ble for the emergency phase of the program. "Emergency phase" does not mean the community is in a state of emergency. It means that the com- munity has become eligible for the sale of subsidized flood insurance de- spite the fact that the community's actual degree of flood hazard is not yet known. c) FIA provides funds for a flood insurance study to determine: 1) Insurance rates which reflect the risks associated with the com- munity's flood hazard areas. Flood profiles which show the regional flood elevation through the community's flood hazard area. 3) A floodplain map which shows the community's flood hazard area. d) The community upgrades its floodplain regulations to incorporate the addi- tional flood data. The community then enters the regular phase of the program and becomes eligible for additional flood insurance at rates re- flecting the actual degree of flood hazard. Available Rates When a community initially qualifies for the sale of flood insurance under the Emergency Program, limited amounts of coverage are available at subsidized rates for virtually every building, as well as contents, regardless of risk. After FEMA's detailed Flood Insurance Rate Map has been prepared, and the com- munity enters the Regular Program, the available limits of coverage are double those available under the Emergency Program. The second layer of coverage at actuarial (nonsubsidized) rates is available together with the subsidized first layer of coverage for all existing structures, reg4rdless of location. Both layers of coverage under the Regular Program for new, structurLi% in the identified special flood hazard areas are made available at actuarial rates reflecting the degree of flood risk for each property. 63 Co. 2/82 .Who Must Buy Flood Insurance? 'Flood insurance must be purchased as a condition of obtaining Federal fina'n- cial assistance for the construction or acquisition of buildings in the iden- tified special flood hazard areas of communities. This requirement includes direct Federal financial assistance such as grants, SBA and FHA loans, VA and FHA mortgage loans. If the community is participating in the National Flood Insurance Program, it also includes conventional construction and mortgage loans from Federally insured, regulated or supervised lending institutions (e.g., banks insured by FDIC, savings and loan institutions insured by FSLIC or regulated by the Federal Home Loan Bank Board, credit unions insured by the National Credit Union Administration, banks regulated by the Comptroller of the Currency or the Federal Reserve Board). For more information call FEMA at the following toll free number 1-800-638-6620. Wisconsin Flood Hazard Mitigation Program Part of the Wisconsin Floodplain Management Program includes a special 11 sub-program" dealing with flood hazard mitigation. The program i s one of information and education for local citizens in communities where flooding is a problem. Flood hazard mitigation is anything we do today that lessens the impact of the next flood. Examples of flood hazard mitigation include: Elevating a house in a flood hazard area so that it is above the flood level and no longer subject to damage; Relocating structures in a floodway to high ground, away from the hazard zone; and Developing flood warning systems to quickly move people and damageable equipment to safe areas. Flood hazard mitigation plans should be developed by every community that ex- periences flood damage to existing buildings. The Division of Emergency Government in cooperation with DNR is sponsoring workshops throughout the State urging local government officials to initiate flood hazard mitigation efforts into their communities. Workshop participants include elected and appointed officials, developers, and concerned private citizens. The participants address local flood problems and try to develop a flood hazard mitigation plan for their own community as part of the training exercise. The first step is to learn about the nature of the flood problems in their community. Then after inventorying their resources, analyzing pos- sible solutions, and forecasting results, the participants choose the most economically, socially, and aesthetically beneficial alternatives. Workshop participants can take this information back to others in their community and work toward implementing flood hazard mitigation plans. 64 The flood hazard mitigation program recognizes that the key to solving flood problems is at the local level. The State can provide assistance, but the community must take the lead in trying to protect its people and property from floods. Wisconsin Floodplain and Shoreland Mapping Grants Program The goal of Wisconsin's floodplain management program is to protect private and public property from flood damage. The goal of the state's shoreland man- agement program is to protect the environment, human health and aquatic life. Wisconsin law requires local governments to adopt floodplain and shoreland ordinances. Most communities, however, lack the detailed topographic maps necessary to effectively enforce these laws. Now, grants are available to help local governments defray the cost of preparing adequate topographic maps. The Wisconsin Legislature created this grant program in 1979. Derived from general revenues and administered by the DNR, $180,000 will be available an- nually through grants.covering 50% of eligible costs. Mapping Grant Applications The DNR will accept grant applications from cities and villages that have adopted DNR approved floodplain ordinances. Counties that have passed flood- plain or shoreland ordinances may also apply to the DNR for a mapping grant. In lieu of a floodplain/shoreland ordinance, the municipality may impose a moratorium on issuance of all building permits in the floodplain/shoreland area until maps are completed and ordinances adopted. Eligible Grant Costs The following services are eligible to receive grant money under the Mapping Grants Program: Ground control survey, including relocation and replacement of Public Land Survey monuments -Aerial photography *Topographic mapping -Floodplain, floodway and shoreland delineation *Map printing For further information, contact the appropriate DNR Area or District Office. 65 Co. 2/82 NR 118 - Standards and Criteria for the Lower St. Croix National and Scenic Riverway The States of Wisconsin and Minnesota have taken measures beyond the zoning standards set forth in State floodplain and shoreland management programs, to protect the Lower St. Croix River. In Wisconsin 'the more restrictive minimum zoning standards for the Lower St. Croix are listed in NR 118, Wisconsin Administrative Code. The additional standards are necessary to: 11 ... reduce the adverse effects of overcrowding and poorly planned shore- land development, to prevent pollution and contamination of surface and groundwaters and soil erosion, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to maintain property values, to preserve and maintain the exceptional scenic and natural char- acteristics of the water and related land of the lower St. Croix River valley in a manner consistent with the national wild and scenic river act (P.L. 90-542), the Federal lower St. Croix River act of 1972 (P.L. 92-560) and the Wisconsin lower St. Croix river act (chapter 197, laws of Wisconsin, 1973)." NR 118 provides zoning guidelines to the local communities along that portion of the Lower St. Croi x included in the national wild and scenic rivers system to implement, administer and enforce the minimum standards. The standards refer to land uses and activities, and apply to the banks, bluffs and bluff tops of the Lower St. Croix. Primary responsibility for management of the NR 118 program is with the West Central District office of the DNR. Questions about -the program can be dfrected to that office. 1AIi TV sconsin Wetiand Mapping Program Background People are becoming more aware of the importance of wetlands. This recent upsurge in support for wetland protection has uncovered the need for accurate wetland maps. Provisions for wetland mapping have been included in several of the recent Wisconsin wetland protection bills because existing resource maps are considered inadequate for inventory or regulatory purposes. As a result, the Wisconsin Legislature9' in 1978, created a statewide wetlands mapping pro- gram within the DNR. This program is known as the Wisconsin Wetlainds Inven- tory. Wisconsin Statutes 23-320) requires the DNR to identify as accurately 66 Co. 2/82 as is practicable the individual wetlands in the State which have an area of 0 five acres or more. Production of maps for the Wisconsin Wetlands Inventory began in 1979. By July 1, 1983, all of the State's wetlands will be mapped. These maps will be essential to county identification and assessment of wet- lands for inclusion in a shoreland-wetland zoning ordinance. Mapping Procedure A staff of DNR experts interpret and delineate wetland boundaries on black and white infrared aerial photographs. These photos were taken no earlier than 1978 by Clyde Williams & Associates and Chicago Aerial Survey, Inc. After the wetlands are delineated they must be classified. The wetland clas- sification system used by the Wisconsin Wetlands Inventory is based on the new U.S. Fish and Wildlife Service "Classification of Wetlands and Deep-water Habitats of the U.S.", but with a few simplications to make it easier to use and understand. Once the interpretation is completed for a township another staff member checks the photos to maintain mapping accuracy and consistency. Then the original interpreter conducts a field check to verify his/her accuracy and clear 'up any discrepancies that occur between the interpreter and checker. SIX :S3K Atk AL111 53KW 62H ... The Wisconsin Wetlands Inventory classifies the State's wetlands according to vegetation, cover-type, hydrology, human influence factors, and special wet- LS _S.3K Sit 67 Co. 2/82 land characteristics. According to this system, wetland vegetation consists of seven major classes or cover types, with a number of subclasses for more precise definition. The major covertypes include: -Aquatic bed plants -Sphagnum moss -Marsh and wet meadow plants -Wet shrubs -Wet forests -Shallow open water -Unvegetated wet soil Wetland Mapping and the Shoreland-Wetland Program The Natural Resources Board, recognizing the need to protect Wisconsin's wet- lands, recently modified MR 115 to provide more uniformity in county regula- tion of wetlands in shoreland areas. Wetland maps will be essential to county identification and assessment of wet- lands for inclusion in a shoreland-wetland zoning ordinance. When the prelim- inary maps are sent out to the county zoning office, the zoning administrator will have at least 90 days to review them. If anyone perceives errors on a wetland maps and wishes to file a complaint, they may testify before the coun- ty zoning agency at a hearing held by the zoning agency on the preliminary maps. A local newspaper will report the date, time and place of the hearing. Maps will be available for public review at the county zoning office prior to the public hearing. The county will then send back the maps with inaccuracies noted, and the DNR will schedule a meeting with county zoning staff within 30 days to discuss alleged inaccuracies. The DNR will then publish final inventory maps and dis- tribute them to the county. Once counties receive their final maps, they have six months to adopt a shoreland-wetland zoning ordinance. Further information on the technical qualities of the wetland maps can be obtained from: Wetland Ma7p-pir'n-g @Unit DNR Bureau of Planning P.O. Box 7921 Madison, WI 53707 Information on the regulatory. aspects of wetlands can be obtained from DNR Area or District offices. Wisconsin Coastal Ma'nag- e-ment_ Program Shoreline erosion is a significant problem along substantial parts of Wis- consin's Great Lakes coast. Structures located in erosion hazard areas are subject to damage from undermining and flooding. Shore erosion is a natural process which has been taking place for many thousands of years. It cannot be 68 Co. 2/82 halted, but people's actions can speed it up or slow it down. People can also adjust land use to the erosion hazard in a way that minimizes damage. Severe property losses have resulted from development which failed to take erosion into account. Since 1974* the Wisconsin Coastal Management Program has researched coastal management problems and needs; developed methods for regulating coastal land use to reduce erosion losses; and supported a number of technical staff posi- tions to provide assistance to coastal communities in protecting their coast- lines. Relationship to Shoreland Zoning Program All Wisconsin coastal counties have adopted shoreland regulations which in- clude zoning ordinances and subdivision regulations which apply to the unin- corporated portions of the Great Lake shorelands. County shoreland regula- tions were designed primarily for inland lakes, and most do not take into ac- count the special erosion hazards of the Great Lakes. Therefore, efforts have been made to use the organization and staff experience of the DNR shoreland management program in giving coastal counties the extra attention needed to address the severe erosion problems. The Wisconsin Coastal-Management Program has supported several staff positions in the DNR to help strengthen the shoreland protection program in coastal com- munities. Through the additional funding, DNR staff have been able to assist in improving shore management by preparing guidelines and training sessions for coastal communities interested in adopting an ordinance to minimize ero- sion losses. Staff have also been able to develop evaluation techniques, and conduct performance reviews of local shore management programs. Overall, the Coastal Management Program has helped improve DNR knowledge and efficiency in protecting shorelands in coastal areas. For more information and assistance in the area of coastal management, contact the appropriate DNR Area or District Office. Wisconsin Construction Site Runoff and Erosion Control Program The DNR Bureau of Water Quality Management Planning has launched an on-going technical assistance program for communities experiencing problems with runoff and erosion from construction sites. A number of informational materials have been developed, and are for use by local governments wishing to address the problems of runoff and erosion control. The materials are helpful in de- scribing the problem, presenting the benefits of addressing the problem, and providing a variety of options the community can apply to help solve the prob- lems. 0 69 Co. 2/82 Relationship to Shoreland Management Program Wisconsin's Shoreland Zoning Law provides a means for regulating land use near waterbodies. The law requires all counties to enact and administer shoreland zoning ordinances. Ordinances must include certain minimum standards est4b- lished by the DNR, although counties are authorized to enact stricter stAn- dards if they desire. Shoreland ordinances can be written to prohibit or limit land uses that regult in water pollution. All counties in Wisconsin have enacted shoreland of1di- riances that have some general provisions for controlling nonpoint source pollution. Counties can use their authority for shoreland zoning to include additional provisions specifically addressing pollution from construction sites. For more infoeMation on construction site runoff and erosion problems and solutions, contact the DNR's Water Quality Management Planning Bureau. The .DNR can provide informational materials, and can assist with development and review of proposed programs. 70 Co. 2/82 r -11, 1 If J;:. ,'S a 0 ilo ro A Vey f I ow - .*. *., .1. ftod f I I I I i I I I I @@ 3PECIOIL HELPS Case EXamples ALLEGED ERROR - Bob McBuilder Situation: Bob McBuilder asks the zoning administrator to tell him ex- actly e the floodplain zoning district boundary is in relation to his property. The zoning administrator informs Bob that the boundary runs right t6rough his land. Bob tells the zoning administrator he's nuts and that the maps were prepared by an idiot. He insists that the maps are wrong and requests a map interpretation. The zoning administrator tells Bob that the maps may be wrong, but the ordinance gives him no alternative. Question: Who settles this dispute? Answer: The BOARD OF ADJUSTMENT. 1. Bob McBuilder alleges there is an error in the floodplain maps, and files an appeal or request for an interpretation with the zoning administrator. 2. The zoning administrator forwards the matter to the Board of Adjustment. 71 Co. 2/82 3. The Board of Adjustment sets a time for a public hearing and pub- lishes a class 2 notice. 4. The Board of Adjustment holds a public hearing on the appeal inter. pretation. Experts (engineers) may be called on to give their tech- nical evaluation of where the flood limits are. S. The Board of Adjustment votes on the appeal interpretation. 6. EITHER: OR: The Board of Adjustment grants The Board of Adjustment a favorable interpretation, and directs decides against the the zoning administrator to initiate a appeal interpretation. map amendment petition to the Planning and Zoning Committee. THEN WHAT? THEN WHAT? Following an official map amendment, Bob may appeal to a the zoning administrator may issue Bob court of record. a permit. 72 Co. 2/82 SPECIAL EXCEPTION - Fred Birchlog Situation: Fred Birchlog wants to cut a row of trees from his shoreland property to help pay for his property taxes. The trees he wants to cut are within 35 feet of the shoreline. on applying for a permit, he dis- covers that tree cutting is listed as a "special exception" in the ordi- nance and must be approved before he can begin cutting. Question: Who is responsible for approving or disapproving Fred's application for a 11special exception" permit to cut his trees? Answer: The BOARD OF ADJUSTMENT or the COUNTY PLANNING AND ZONING COMMITTEE, de- pending on the ordinance. 73 Co. 2/82 1. Application is made to the zoning administrator. 2. The zoning administrator refers the application to the Board of Ad- justment or Planning and Zoning Committee. 3. The Board or Committe hold a public hearing on the special excep- tion request. 4. The Board or Committee sets a time for a public hearing and publishes a class 2 notice. 5. The request is voted on by the-Board or Committee. 6. EITHER: OR:. The Request is, approved, according to The-Request is denied the conditions 1isted in the ordinance. THEN WHAT? THEN; WHAT? The Board or Committee directs the Fred,may appeal to a zoning administrator to issue a special court of record. exception permit to Fred. 74 Co. 2/82 VARIANCE - John and Cookie Dough Situation: John and Cookie Dough applied for a permit to build an addi- tion onto their lake home for a sauna and whirlpool. They wanted the ad- dition to face the lake, which would also save cutting any trees on the property. Unfortunately, the proposed addition would violate the setback requirements of 75 feet from the shoreline. The Dough's claim that strict enforce@ent of the setback requirements would be an unnecessary hardship, as alternative addition sites would require sacrificing many trees, which would violate the shoreland regulations on tree cutting. n %UNA PERMCr Question: Who decides whether or not John and Cookie can build their addition as proposed? Answer: The BOARD OF ADJUSTMENT. 1. The zoning administrator denies a building permit because the setback requirements of the zoning orainance cannot be met. 75 Co. 2/82 2. Appeal is made to the Board of Adjustment for- a variance from the ordinance provisions. 3. The Board of Adjustment sets a time, for a public hearing and pub- lishes a class 2 nottice. 4. The Board of Adjustments holds a public hearing on the appeal. 5. The Board of Adjustment votes on the appeal. 6. EITHER: 0R: The variance is approved as the proposed The variance is denied. activity does not violate the intent of the ordinance. The specific criteria is listed,in,the Board's written decision on the case.. THEN WHAT? THEN WHAT? The Board directs the zoning administrator The Doughs may appeal to to issue a permitto the Doughs. a court of record. 76 Co. 2/82 MEETING MINUTES - Plum County Planning and Zoning Committee The following is an excerpt from the "minutes" of the fictitious December 5th meeting of the Plum County Planning and Zoning Committee. The excerpt con- cerns a hearing on a proposed amendment, and describes the kinds of issues, arguments and decision which may be faced by the Committee during a typical meeting. . I Zoning Map Amendment Petition by Mr. Willy Provit to remove the Flood Fringe district classification from one-half acre of his property. Mr. Provit described his proposal, explaining that he had filled this property to the regional flood protection elevation and would now like to build a home on the land. He explained that he had followed proper procedures before filling his property by securing the neces- sary easements, DNR approval and all required permits. Before he constructs his home, he wants the Planning and Zoning Committee to amend the zoning map and remove the Flood Fringe designation from his land. This will relieve him of he need to floodproof his home. Commissioner Birch asked the zoning administrator, Mr. Doright, if the amendment proposal was reviewed by the Department of Natural Re- sources. Mr. Doright reported that the proposal was reviewed, and that the DNR stated the map amendment was necessary since the origi- nal fill project increased the height of the regional flood level by 0.15 foot. The DNR approved the map amendment proposal as submitted, since all flooding easements and other appropriate legal procedures were properly accomplished. Any changes to the original proposal would require an additional review and approval by the DNR before the amendment can become effective. Commissioner Birch noted that the fill project met the specifications of the floodplain ordinance by being above the flood protection ele- vation, and contiguous to land outside of the floodplain. Chairman Bigcheese asked for statements in support of the amendment proposal. There being none, the Chairman asked for statements in opposition to the proposal. Mr. I.M. Crabby, a long time Plum County resident, appeared in opposition to the rezoning. He claimed that Mr. Provit's plans to build a house would encourage other residential development in the neighborhood, which would "bring in more kids and dogs to trample my flowers." Chairman Bigcheese reminded Mr. Crabby that the development itself is not contestable, since the area is zoned Residential. The Flood Fringe District simply overlaps the Residential District. No further testimony was heard. The Planning Department recommended approval of the rezoning, as all criteria in the floodplain ordinance was met. Chairman Bigcheese reminded Mr. Provit that even though the Plum County Floodplain Ordinance will be amended, the maps used by local lending institutions will still consider his property in a flood hazard zone, for insurance purposes. If he builds any part of his home below the regional flood protection elevation, he will pay higher flood insurance premiums. Chai man Bigcheese advised Mr. Provit to talk to his insurance agent and lender about the matter. 77 Co. 2/82 Field Data Needed for Floodplain Determination The following data must be supplied by a permit applicant and submitted to the zoning administrator for his or her use in determining the effect of the pro- posed activity on future flood heights. 1. Valley Cross Section The valley -cross section of the channel and overbank area must be taken perpendicul,ar to the flow of the stream. The cross section must extend to an elevation above the expected floodplain. This elevation could vary from 5 to 25 feet above normal water elevations depending on the charac- teristics of the watershed. It is important that the cross section be representative of the hydraulic reach of the stream affected by the proposed project. This may mean taking the typical cross section some distance away from the project site. Field notes must document the respective location of the cross section in relation to the project site. skew note: sections right angle to flow ornit- not effective to convey flow flood plain 3 2 F-0 regular intervals change In cross section area location of valley cross sections 5 6 2. Stream Slope Information Water surface elevations should be taken at the project site, and at points, 1,000 feet upstream and downstream from the site to obtain average stream slope information. The elevations must be obtained during non- flooding conditions. If there is a bridge, culvert, dam or abruptchange in 78 Co. 2/82 channel slope within the 1,000 feet upstream or downstream of the project, then additional measurements must be taken immediately upstream and down- stream of the control point. 3. Photographs Photos must be taken along the stream showing the channel, and ground cover in the overbank areas. The photos will be used to select an appro- priate roughness coefficient (Mannings "n") for the stream reach. 4. Bridge Data In cases where a bridge is the controlling factor in an analysis and the backwater effect from the bridge must be computed, the following data is necessary: a. representative valley cross section b. cross section along the centerline of the bridge to the assumed floodplain limits C. roadway elevation, road width, and type of surface d. cross section of the bridge opening showing the low steel elevation, bridge abutments, piers, and channel e. number, size and type of piers f. skew (the angle between the centerline of the bridge and a line drawn perpendicular to the channel flow) g. size of bridge opening h. description of bridge railings i. photographs of the bridge opening, channel, overbanks, right and left roadway approaches, and the top of the roadway. geometry of bridge rail C=;;= IM - ir road elev. -,fl -1 low tee -1.5 plerwidth--O, 1.5 abutment slope distance-feet 11 L5 cross section under bridge 79 Co. 2/82 5. Culvert Data In cases where a culvert is the controlling factor im an analysis and the backwater effect must be computed, the following,dat-a is necessary. a;. representative valley-cross section b. cross section along the centerline of the road to the assumed floodplain limits. C. road widtIT d. type of surface e. number of culverts f. type and size of culverts g. length of culverts h. elevations of upstream and downstream inverts i. skew (the angle between the centerline of the culvert and a line drawn perpendicular to the flow) inlet type (e.g. headwall, proJecting, mitered) assunied flood plain limits upstream Invert N length 7qTk"ew downstream invert plan view of culvert 6. Dam Data In cases where a dam is the controlling factor in an analysis and the backwater from the dam must be computed, the following data is necessary: a. type of gates b. size and number of gates C. elevations of top of dam, and sill of gates(and/or spillway) d. surface area reservoir e. representative cross-section to determine tailwater effects f. operating plan for the dam (if any) 80 Co. 2/82 top of dam elevation width sill of gate) elevation H front view of dam 7. Plan View A plan view must be furnished when fill or excavation is to be analyzed in a floodplain. The plan view must show the exact dimensions and location of the proposed change in relation to the stream and other physical and geographic features. The geometry of the proposed fill or excavation should also be shown on the valley cross section so that the equal degree of hydraulic encroachment can be calculated for the opposite side of the stream. Collecting Field Data When collecting field data for use in calculating the water surface profile of a river or stream, many engineering judgements and field considerations must be applied. While performing the surveys it is important to remember that a cross section should be typical of the reach between the adjacent upstream and downstream cross sections. Local irregularities in the ground surface that are not typical of the reach should be avoided in the field survey. Control structures such as roadgrades, bridges, culverts, levees, dams and wing dams should be shown on the cross section so they can be reflected in the hydraulic computation. Besides the measurements and descriptions noted in the field surveys, photographs should be taken of the control structure to facilitate the in-house analysis. The reach length (distance between sections) must be measured in the channel and the right and left overbanks. Flood flows in stream overbanks often do not follow the meandering pattern of the channel, but take a general course through the floodway. This is particularily true for streams where a large percentage of the flood flows is conveyed in the overbanks. Under these circumstances, overbank cross sections should be measured at an average distance to describe the general floodway pattern of that overbank area. 81 Co. 2/82 Desirable maximum distances between cross sections differ from stream to stream. On large rivers that have average slopes of one foot per mile or less, cross sections along fairly uniform reaches may be taken at intervals of a half mile or more. On small tributaries that have very steep slopes, cross sections should be taken at intervals of 1,000 feet or less. When evaluating floodplain developments and @ncroachments, it is recommended that the maximum distance between cross sectidhs be between 500-1,000 feet for rural areas, and About 500 feet in urban areas or where development is imminent. in addition to Obtaining field data within the limits of the study area, it is essential that data be gathered for a significant distance downstream. This distance varies from approxi ;mately one mile for steep sloped streams to one half mile for flat streams, and must include at least three cross sections. 82 Co. 2/82 1--7T--7r- if 1 111 1 1 1 t I Le"ND 500-YEAR FLOOD 100-YSAA FLOOD TF SO-YIEAR FLOOD 10-YEAR FLOOD SrRIAMSED L -]L-- A GROU SICTION LOCATION Z*O--- 11IFF > A FWOO PROAL9 IS A CHAR1r ------ --- WHICK SiWWS -THR 0LZVkrI0N ---- OF ft 511 CE 'DU IN 0 A FLOW SVENf Af PARrICULAR ---------- LOCAfIONS ALONGr A RIV15R OR Z340 ---- -------- Z-Z--Z SMEAM. Pwop iNsuRANCZ VUVISS 06YERMINP, IRS 6L.6VA- 09 floN Ar 1146 CROSS secflom M FOR 10, 90 , 100 AND ::M::I:m ..... - 500 YEAR SVSWS. 1140 CROSS III[ - Z:: S"41ON LOCAMON S CAN 96 #%Ogg wo X pill 6ASILY SEEN ON lk FLOOD ----- UNOARY R00VWN MAP (F15 F'WM). 444 SrREAM UWA E IN Fr. 9 EXMTERRIMRIAL LIMIT& READIPIG 01 FLOOD PROFILE First, check the scale. On the example above, each line on the horizontal axis represents 200 feet along the stream. The vertical axis lines represent one foot elevation above sea level. 2 Next, locate the point of concern on the horizontal axis. On the example, the point of 111 concern is about 700 feet upstream from the Fulton Ave. Bridge. Now, locate the point of concern on the line of the flood event you are interested in. 3111 The example shows this point on the 100 year flood line. Finally, to determine the elevation, read the vertical line. At the point of concern, the 40 100 year elevation is 2160.4 FT MSL. The 10 year flood elevation is 2155.5 FT MSL. 83 Co. 2/82 Floodproofing 0 00 000"0 FLOWPROOFED tLWAWD C*J FOLWDKMN RESIDENTIAL STRUCTURES Floodproofing involves using any of a variety of techniques to lessen flood effects on a structure. A bui 1 di ng may be el evated on f i 11 , or a sol i d foun- dation. While elevating the building is the surest flood proofing technique, structural floodproofing measures are being developed and improved. These techniques can be termed 1.1wet" or 11dryll f 1 oodproof i ng. Dry floodproofing keeps water from entering a building, whereas wet floodproofing measures allow water to enter the building, inflict- ing as little damage as possible to the structure and contents. FEMA and State standards allow only dry floodproofing--that is watertight construction to protect new buildings to the flood protection elevation. The structure must be designed to prevent basement walls from collapsing, cracking, or seep- ing. The techniques must avert buckling floors and sewer backups. Dry flood- proofing is expensive and risky because it causes tremendous pressures to be exerted on walls and foundations. Because floodproofing measures are so expensive, they are more commonly used for commercial and industrial structures. F 84 Co. 2/82 FLOOPPROOFED COMMERCIAL PERrVIANEWL-4 C-LOSED OPENINGS WALLS SEALEb -To -PRsqEWT STRUCTURE SEEPAGE 3. SEWER LINE WIT14 YALYC ftost)RE 4. U11L11*1E5 RAISED ABOVE BAsr: COMMERCIAL BUILIDIN(; P1.00b LEVEL M1 ff= F= S IJNbEl?GP0ftb 5TOpAGE -MUM IFM ILM K= 'PROPEPLI ANu4oRED 1EM 1=1 ILM LL:u 16-CRACKs SEALEb W111A HYDRA" CEMEMT SCREENS 1b PROTW-T WINW*)S FRD(A FLOA-1711X DEBRis SMEL BULI(ReAbs Fbe DoopS 9 SUMP PUMP AO Dk4im in SLEENAE 10 ANCIA09.6-D' FOUMDATIOIj ?Lksnc CovEQIjjGS Pop' STORED fAkERIAL5 Dry Floodproofing measures wall floodwater � reinforce walls 4 lateral pressure � drain subsurfaces .4 7! � anchor to prevent the building from "floating" seal walls with a commercial Water exerts the same pressure.sideways sealant as downward. So, as depth Increases, the pressure at the bottom Increases. The walls of most houses are not meant to close and seal openings withstand these pressures. 85 Co. 2/82 F1 oodproofing ca6 be a useful tool in floodplain management and flood hazard mitigation. But before floodproofing measures are installed, the total obje6- tives of the floodplain management program must be. considered. A property owner needs to be aware of the potential risks involved with floodproofi6l�. 40 Flooding can be a dangerous si'tuation and property owners should not be given a false sense of security, or floodproofing measures may lead to more disas- troms,results than if they had never been applied. Floodproofing Certification Required Ifi choosing flo6dproofing measures, a property owner must consult with a c6n- tractor or engfrieer. The mo'del floodplain ordinance requires floodproofing plans to be certified by a registered professional engineer or architect be- fore a land use permit is issued. (Sec. 7.5) When construction is completed, dnother statement by a registered engineer or architect must verify that the floodproofing techniques were installed to protect the structure at least to the minimum floot protection elevation. A sample statement to be signed by a professional engineer is included below. Sample Statement: Certification of Floodproofing Zoning Administrator City County Building Our Town, Wisconsin Dear This is to: certify that I have examined the completed construction located (street allTres-s legal description) authorized by land use permit number I certify that this structure has been designed and constructed in accordance wi th accepted engineering practices and that the structure is floodproofed at least to the minimum flood pro- tection elevation of ft. msl. Thi s compares with the regional flo-od-elevation of ft. msl. I attest to these figures by placing my engineers seal and my signature below. SEAL John Doe,--P-.r-. Date 86 Co. 2/82 Factors to Be Considered In designing floodproofing techniques, an engineer must consider: � The flood characteristics to be protected against - How much warning will there be before a flood? How long will the flood last? How deep can the flood waters get? Will there be fast currents, ice, or debris? � The structure's integrety under those conditions - How ol d i s the bui 1 di ng? How will the soils act during a flood? Are the walls and foundations capable of withstanding the pre- dicted flood velocity and pressures? Will the water flow through or around the building? Are the utilities designed and located properly? Again, we emphasize that floodproofing existing structures is just one part of a total floodplain management program. Flood insurance rates will not be re- duced for floodproofed structures. Flood insurance rates are determined on the elevation of the lowest floor. (This includes the basement if one is present.) If the lowest floor is constructed below the flood protection elevation the insurance rates increase dramatically. 87 Co. 2/82 Court Decisions a.,nd Legal Opinions The local exercise of floodplain and shoreland zoning involves a series 'of legislative, administrative and quasi-judicial decisions. People aggrieved by these decisions may file appeals with the Board of Adjustment/Appeals. If the Board's decision is challenged, the circuit court may be petitioned to review the case. (Wisconsin's county court system was eliminated in 1978 and re- placed by circuit courts.) The decisions of the circuit courts do not set precedent in other circuits. Other judges will often read these decisions and follow them, but their own decisions in similar cases may differ. In Wisconsin the judgments of the circuit courts (trial 'courts) are subject to appeal at the Court of Appeals and Supreme Court levels. Published decisions of the higher courts have the effect of law; lower level courts are legally bound to follow their precedent. The court system does not serve as an additional zoning body. Judges will generally not substitute their own opinions for that of governmental units, but instead will usually go to great lengths to uphold local administrative decisions. Judges often tell plaintiffs that the court is not the proper place for their complaint until all other forums are exhausted. While local discretionary decisions are not usually subject to judicial review, they can be if they overstep the boundaries Of "arbitrary and capricious actions." Wisconsin courts have allowed government bodies and officials to admit their mistakes. For example, when permits or plats are erroneously approved, the courts will allow the permits to be recalled or later rejected even if a property owner has begun construction. Local ordinances are often clarified by the courts. The Wisconsin Supreme Court has proclaimed that in interpreting local zoning ordinances: as long as the language is clear and unambiguous, the ordinance 11 shall be liberally construed in favor of the county" (s. 59.9703)). where language is ambiguous, the ordinance will be construed in favor of the landowner and his free use of private property. Without proceeding to the courts, local governments and State agencies may seek answers to their zoning questions by asking for an "Opinion of the Attorney General . " However, the decisions rendered by the State's Attorney General are not binding upon the local government or the courts. They con- stitute persuasive authority only. The Department of Natural Resources often makes policy decisions on the basis of legal opinions offerred by the DNR's Bureau of Legal Services. These opin- ions do not have any precedent value. They are not binding on local govern- ments or other State agencies. They merely serve to inform others of the DNR's interpretation of various laws. Local zoning officials are subject to liability suits for their actions in the performance of their jobs. Claims made against municipal governments and their employees are subject to the stipulations set forth in Section 895.43(l), Wisconsin Statutes. 88 .,Co. 2/82 The Big Question: The Taking Issue Floodplain and wetland-conservancy zoning are based upon exercising "police" power: the power to regulate to prevent public harm. When a government seeks to secure public benefits it must exercise the power of eminent domain. For example, to obtain the land necessary to build a freeway (thus conferring a benefit on the public), the government must pay the property owners for what it takes. But under the concept of police power, it is not necessary to pay a landowner. When we prohibit someone from living in a floodway, we are not only preventing harm to his life and property, but harm to others he may in- jure. Therefore, the courts have stated that floodplain zoning is usually an exercise of police power, not eminent domain, and does not constitute a taking. In 1972 the Wisconsin Supreme Court decided a landmark case--Just v. Marinette County. The Just case verified the constitutionality of shoreland zoning. (see he reference to this case in the following section.) This important question regarding the constitutionality of floodplain zoning has not been passed upon by the Wisconsin courts, but preventing public harm is more readily applied to floodplain than shoreland zoning. We would, therefore, assume Wisconsin courts would uphold the veracity of floodplain zoning con- stitutionality. While the following zoning case decisions do not bind Wisconsin courts, we do feel they are of significance. Agins v. City of Tiburon (California, 1980) The U.S. Supreme Court upheld the City's right to restrict development density. These regulations did not impose a taking because legitimate State interests were advanced by the open space zoning ordinance. Pope v. City of Atlanta (Georgia, 1978) The City issued a stop-work order on Mr. Pope's tennis court project within a floodplain of the Chattahoochee River. The Supreme Court of Georgia found that the regulation of clearing, grading and filling within the floodplain was a valid exercise of police power. When such actions alter surface water runoff and soil erosion patterns they may detrimental- ly alter flood characteristics and cause harm to the general public. Notably, the Court justified considering the cumulative effect of develop- ment rather than just an individual action. Maple Leaf Investors v. State Department of Ecology (Washington 1977) The Washington Supreme Court upheld the constitutionality of floodplain zoning and found it to be a valid exercise 11 of police power. The court noted that the State did not take any action that would increase the flow of water over the appellant's property nor did the State set aside any of the property for public use." Floodplain regulations protect not only persons living in the floodplain but people and their property upstream and downstream. Floodplain regulations prevent harm rather than secure benefits to all involved. 0 89 Co. 2/82 Court Decisions Question: Is. a shoreland zoning ordinance which requires a conditional use permit for the placing of fill in wetland areas a constitution- 40 ally valid exercise of police power or a constructive taking of land without compensation? An@swer: The Wisconsin Supreme Court upheld the constitutionality of Marinette County's shoreland zoning ordinance. The county, con- sistent with State standards, required a permit to fill wetland areas. The court validated the county's exercise of police power where restrictions placed on property prevent a public harm rather than create a public benefit. By denying the Justs (the landowners) a permit, the status quo of the natural en- vironment was maintained. This was in a legal sense, not a gain and so did not secure further public benefits, but did serve to uphold the State's public trust doctrine. The court ruled that "destroying the natural character of a swamp or wetland so as to make that location available for human habitation is (not) a reasonable use of that land (even) when the new use, although of a more economical value to the owner, causes a harm to the general public." This case resolved a seeming conflict between the public interest in stopping the despoilation of a natural resource and the owners' asserted right to use their property as they wished. Just v. Marinette County (56 Wis. 2d 7) (1972) Question: Can the State grant local governments control over navigable waters? Answer: The Supreme Court ruled that delegation of authority for naviga- ble water to local units of government was not an abdication of the public trust doctrine. Rather, the court views local con- trol within State defined standards as furthering the public trust. Menzer v. Elkhart Lake (51 Wis. 2d 70) (Date?) Question: May a property owner be prosecuted for violating a zoning ordi- nance if he relied upon oral assurance of the building in- spector that the proposed construction would be allowed? Answer: Mr. Snyder obtained a building permit for an addition to his home. During the construction he also decided to add a porch. The town building inspector verbally okayed the porch, so Snyder's builder began construction. A neighbor complained about the inadequate sideyard setback. The lot's area was sub- standard so the setback has previously been reduced from 20' to about 13'. The new porch encroached seven to nine feet into the sideyard. The Board of Adjustment ordered construction of the porch to stop and for no building permit to be issued post facto.. 90 Co. 2/82 The court first decided that "unnecessary hardship" and 11practical difficulty" are synonymous terms. Other courts had applied unnecessary hardship to use variances and practical difficulty to area variances, but the Supreme Court stated, "the terms ... are unsusceptible to precise definition and are often stated disjunctively in zoning enactments, the authorities gen- erally recognize that there is no practical difference between them.' Snyder claimed that he suffered unnecessary hardship because: 1) the building inspector had "authorized" the porch; 2) he had a substandard lot and the porch could not be placed elsewhere; 3) the porch was almost completed; and 4) he needs the porch to house his growing family, to enjoy lake living and increase his property value. The Court ruled that these hardships were self-created. The Court said that the appellant's reliance on the building inspector's assurance did not negate his responsibility to know the requirements of the zoning ordinance. Nor did the building inspector's unauthorized act negate the condition of the zoning ordinance. Snyder therefore had no basis for claiming the hard- ship was not self-created. Although Snyder's lot was sub- standard, its dimensions have already been compensated for in the proportionate method used for the offset requirement. The Courts generally do not recognize natural growth of a family or personal inconvenience as justification for a variance i based upon unnecessary hardship or practical difficulty. "It is not the uniqueness of the plight of the owner, but uniqueness of the land causing the plight, which is the criterion," quoted the court. The Supreme. Court upheld the decision of the Waukesha County Board of Adjustment, recognizing that the administrative dec- ision of the Board was not unreasonable or without a rational basis. Snyder also failed to demonstrate that his hardship was anything other than self-created. Snyder v. Waukesha County Board of Adjustment (74 Wis. Zd 468, 241 N.W. Zd 98) (197b) Question: If a permit is erroneously issued, may it be rescinded when the mistake is realized? May it be revoked if work has already begun? Answer: City officials erroneously issued an occupancy permit to Mr. Leavitt for an illegal nonconforming use. By the time the city discovered the mistake, Leavitt had invested a fair sum of money to adapt the building to his business. The Supreme Court de- clared that despite the city's mistake and the owner's invest- ment, the city must enforce its ordinance. While the original occupancy permit was illegal, it was also potentially injurious to the public interest. The public benefit and welfare must first of all be served. City of Milwaukee v. Leavitt (31 Wis. 2d 72.) (1966) 91 Co. 2/82 Questi-on: If proper adminigtrative channels are not followed, can an' otherwise justified permit be issued?' Answer:,, The Ci'ty issued building permits in an,area which had been re,-.-@ platted without@a-public hearing held. Burns sought the permits, to be revoked. The court agreed that a hearing should have been held'@ but the applicants failed to show they suffered sub-@. stantial damage due to the city's neglect. A permit cannot be'@ denied simply becuase proper channels were not followed. If Uve. permft would normally have been granted, after the procedural,' defictencies have been corrected, the permit can be issued..! Burns v. City of Madison (284 N.W.2d 631) (1966) Question:- May;a community impose a temporary moratorium while developing a comprehensive zoning ordinance? Answer: A trial court ruled a two-year building moratorium unconstitu- tional on the basis of equal -protection-of-the-I aw and due pro- cess clauses of the Fourteenth Amendment. The Supreme Court, reversed the decision of a lower court and authorized interim zoning. In reversing the lower court's decision the Supreme Court's reversal recognized that comprehensive planning and zon- ing require much study and time. When property owners know zon- ing changes are pending, they may precipitate action which would tend to frustrate the intent of the prospective ordinance. Therefore, the Court sees no objection to interim zoning when E ro@erly authorized by statute. Walworth County v. City of lk orn (27 Wis. (2d) 30.) (1965) Question: What criteria must a court use in reviewing the decisions of a Board of Adjustment? Answer: In a case before a circuit court under a writ of certiorari, the court's review is limited to: "M Whether the Board kept within its jurisdiction;- (2) whether it proceeded on correct theory of law; (3) whether its action was arbitrary, oppressive, or unreasonable and repre- sented its will and not its judgment; and (4) whether the evi- dence was such that it might reasonably make the order or deter- mination in question." the findings of the Board may not be disturbed if any reason;b*le view of the evidence sustains them .... The court may not substitute its discretion for that committed to the Board by the legislature." Snyder v. Waukesha County Zoning. Board (74 Wis. 2d 468, 247 N.W. 2d 98) (19/b) 92 Co. 2/82 Question: May a property owner challenge as unconstitutional the method of administering and applying an apparently constitutional city zoning ordinance by a declaratory judgment action in the circuit court without first appeal to the city's zoning Board of Appeals? Answer: No. Section 62.23(7)(e), Wisconsin Statutes sets forth a pro- cedure for reviewing administrative a-c-fi-ons. A trial court will not review the decision without it first being submitted to the Board of Appeals. Nodell Investment Corp. v. City of Glendale, 78 Wis. 2d 416, 254 N.W. 2d 3TU_T=). Judicial review _wTrFFe denied until administrative remedies have been exhausted. Question: When and how is a county required to give notice to the Depart- ment of Natural Resources of a proposed amendment to the county's shoreland zoning ordinance? Answer: A county is required to give notice to the DNR when the notice requirements irt Chapter NR 115, Wis. Adm. Code, are applicable. This applies even in a situation where the county shoreland ordinance does not expressly require notice to the DNR, since administrative rules have the effect of law. To sati sfy the notice requirements of NR 115, the DNR must be given specific notice. The publication of a notice in a local newspaper can not reasonably be expected to give the DNR sufficient notice. Kline et al. v. Oneida County Planning and Zoning Committee, Case No. 81-325, an unpublished opinion of the court of Appeals, District 111. (1981) Opinions of the Attorney General Question: May a Board of Adjustment grant more than one variance if more than one variance is necessary to allow a structure on a partic- ular lot? Answer: Yes. The Attorney General interprets "variance" as used in Sec. 59-99(7)(c) Wisconsin Statutes, to include the plural as well as the singular form. The validity of the variances de- pends not on their number, but on whether the standards esta- blished by Sec. 59.97(7)(c) are met, especially the "unnecessary hardship" requirements. (69 OAG 146, 147; 1980) Question: May a Board grant a variance to allow placement of a substandard mobile home on a parcel where the only hardship is that the applicant owned a substandard unit? Answer: No. Inconvenience alone is insufficient to warrant a variance. The Attorney General quotes from Snyder v. Waukesha CounU Board of Adjustment, which points out that "practical difficulties or unnecessary hardship do not include conditions personal to the 93 Co. 2/82 owner of the land, but rather to the conditions affecting the lot in question. It is not the uniqueness of the plight of the owner, but uniqueness of the land causing the plight, which is the criterion." (69 OAG 146, 148-149; 1980) Question: Can the Board of Adjustment hear appeals of @ezoning decisions of the Planning.and Zoning Committee? Answer: No. Sections 59.99(4) and 62.23(7)(e)(4) authorize the Board to hear appeals from decisions of "administrative officers." The Plan,ning and Zoning Committee holds hearings and makes recom- mendations concerning rezoning. But these recommendations do not constitute "decisions" under section 59.99(4). The actual decisions on rezoning are legislative decisions made by the governing body, not the zoning committee. (69 OAG 146, 149-152; 1990)) Question: Can:tthe Board of Adjustment hear appeals on conditional use dec- isions rendered by the Planning and Zoning Committee? Answer: Yes. Although there is no statutory requirement or right to appeal a Planning and Zoning Committee decision to the Board of Adjustment, a county may create such an appeal procedure in its loFal ordinance.- Question: Can towns adopt shoreland zoning regulations similar to those enforced by counties? Answer: Yes. Towns exercising village powers can zone shorelands con- currently with counties, provided that the town ordinance is in conformance with, or more restrictive than the county shoreland zoning ordinance. A town exercising village powers must put its proposed shoreland zoning ordinance to a referendum and subject the ordinance to County Board approval. (65 OAG 108; 1976) Question: May a town and county exercise concurrent jurisdiction over shoreland areas? Answer: Yes. If the town exercises village powers and enacts a compar- able or more restrictive shoreland ordinance, the town and county may both assume jurisdiction. To administer their ordi- nances, both the county and town must appoint a zoning admini- strator, a Planning and Zoning Committee and Board of Adjust- -ment/Appeals. An individual seeking a permit or variance must then ODtain approval through both town and county channels. (65 OAG 108, 111-112; 1976) Question: Do the extraterritorial zoning powers of cities and villages supersede county shoreland zoning? 94 Co. 2/82 Question: May a property owner challenge as unconstitutional the method of administering and applying an apparently constitutional city zoning ordinance by a declaratory judgment action in the circuit court without first appeal to the city's zoning Board of Appeals? Answer: No. Section 62.23(7)(e), Wisconsin Statutes sets forth a pro- cedure for reviewing administrative a_H@ions. A trial court will not review the decision without it first being submitted to the Board of Appeals. Nodell Investment Corp. v. City of Glendale, 78 Wis. 2d 416, 254 N.W. 2d 797FM). Judicial review W-17T-Te denied until administrative remedies have been exhausted. Question: When and how is a county required to give notice to the Depart- ment of Natural Resources of a proposed amendment to the county's shoreland zoning ordinance? Answer: A county is required to give notice to the DNR when the notice requirements irl Chapter NR 115, Wis. Adm. Code, are applicable. This applies even in a situation where the county shoreland ordinance does not expressly require notice to the DNR, since administrative rules have the effect of law. To sati sfy the notice requirements of NR 115, the DNR must be given specific notice. The publication of a notice in a local newspaper can not reasonably be expected to give the DNR sufficient notice. Kline et al. v. Oneida County Planning and Zoning Committee, Case No. 91-325, an unpuEll'shed opinion of the Court of Kp_pe_aT_s, District 111. (1981) Opinions of the Attorney General Question: May a Board of Adjustment grant more than one variance if more than one variance is necessary to allow a structure on a partic- ular lot? Answer: Yes. The Attorney General interprets "variance" as used in Sec. 59.99(7)(c) Wisconsin Statutes, to include the plural as well as the singular form. The validity of the variances de- pends not on their number, but on whether the standards esta- blished by Sec. 59.97(7)(c) are met, especially the "unnecessary hardship" requirements. (69 OAG 146, 147; 1980) Question: May a Board grant a variance to allow placement of a substandard mobile home on a parcel where the only hardship is that the applicant owned a substandard unit? Answer: No. Inconvenience alone is insufficient to warrant a variance. The Attorney General quotes from Snyder v. Waukesha CounU Board of Adjustment, which points out that "practical difficulties or unnecessary Fardship do not include conditions personal to the 93 Co. 2/82 Answer: Ye s. County zoning committees that are empowered to consider aglications for special exceptions must give public notice and ho d a public hearing before granting or denying special ex- ceptions in order to meet the requirements of procedural due process, even thoujb it is unclear whether Section 59.99, Wisconsin Statutes, requires notice and a public hearing in this situation. (Opini n No. 79-2A) NOTE: If zoning ordinances do not contain a provision re- quiring a public hearing before special exception (conditional use) permits are acted upon by the zoning committee, steps should immediately be taken to amend the ordinance to include such provisions. Notice of a public hearing should be published as a Class 2 notice pursuant to Chapter 985, Wisconsin Statutes. In the future, the DNR will requite tfie inclusion of such provision in shoreland and floodplain ordinances be- fore approval is granted pursuant to Sections 59.971 and 87.30, Wisconsin Statutes. (Opinion No. 79-2) Question: Are county governmental agencies such as the county park or highway department obligated to meet the requirements of county shoreland zoning ordinances? Answer: Yes. County agencies are required by Sections 144.26 and 59.971, Wisconsin Statutes, to comply with county shoreland zon- ing ordinances a-Tt-ff6`u-gF- those ordinances may treat county government facilities separately (for example as special ex- ceptions or conditional uses in certain districts). The cri- teria used to determine whether one local government must comply with the regulations of another local government has no application where local compliance with a State statute is required. (Opinion No. 79-10) 96' Co. 2/82 WHERE TOGO FOR. Communities can receive assistance and guidance for their floodplain and shoreland management programs. If you have questions or problems, do not hesitate to ask for help. Your first source of information is the Area or District office of the DNR which serves your community. The following map and phone numbers will help guide you to the appropriate office. DNR District and Area Offices: Northwest/Spooner North Contral/Rhinelander NORTHWEST (715)635-2101 (715)362-7616 NORTH Area Offices: Area Offices: CE14TRAL Spooner (715)635-2101 Rhinelander (715)362-7616 Cumberland (715)822-3590 Wisc. Rapids (715)423-5670 Park Falls (715)762-4414 Antigo (715)627-4317 WEST CENTRAL Brule (715)372A666 Woodruff (715)356-5211 LAKE West CentrallEau Claire Lake Michigan/Green Bay MICHIGAN (715)836-2928 (414)497-4040 Area Offices: Area Offices: Eau Claire (715)836-2047 Green Bay (414)497-4369 La Crosse (608)785-9000 Oshkosh (414)424-4003 Marinette (715)732-0101 Southern/Madison SOUTHERN (608)266-2628 Southeast/Milwaukee (608)266-8859 (414)257-6543 SOUTHEAST Area Offices: (414)257-6950 Nevin (608)267-7718 Dodgeville (608)935-3368 For information about the National Flood Insurance Program, call or write: FEDERAL EMERGENCY MANAGEMENT AGENCY 300 South Wacker Drive 24th Floor Chicago, IL 60606 800-638-6620 Assistance may also be available to you from your regional planning commission. Check these local resources out and jot down a name and phone number here. [E L [P 97 Co. 2/82 Finally, other State and Federal agencies may be able to provide you with direct technical assistance in floodplain and shoreland management. They include: FEDERAL AGENCIES U.S. Soil Conservation Service U.S. Geological Survey 4601 Hammersley Road 1815 University Avenue Madison, WI 53711 Madison, WI 53706 (608) 264-5341 (608) 262-2488 U.S. Amy Corps of Engineers U.S. Amy Corps of Engineers St. Paul District Rock Island District 1135 U.S. Post Office & Custom House Clock Tower Building 180 East Kellogg Blvd. Rock Island, IL 61201 St. Paul, MN 55101 (309) 788-6361 (612) 725-7501 U.S. Amy Corps of Engineers Detroit District P. 0. Box 1027 Detroit, MI 48231 (313). 226-6413 STATE AGENCIES Wis. Geological & Natural History Survey University of Wisconsin-Extension 1815 University Avenue Dept. of Governmental Affairs Madison, WI 53706 Room 624, Lowell Hall (608) 262-1706 University of Wisconsin Madison, WI 53706 (608).262-3584 Wis. Dept. of Industry, Labor and Wis. Division of Emergency Gov't. Human Relations 4802 Sheboygan Avenue P. 0. Box 7969 Madison, WI 53707 Madison, WI 53707 (608) 266-3232 (608) 266-3151 98 Co. 2/82 Bibliography BROCHURES *Federal Emergency Management Agency Publications: How to Read a Flood Hazard Boundary Map How to Read a Flood Insurance Rate Map Bridge Over Troubled Waters - The National Flood Insurance Program Questions and Answers - National Flood Insurance Program Flood: Are You Protected from the Next Disaster in the Event of a Flood? In the Event of a Fl ood: Suggestions to Help Minimize the Loss of Life and Property oWisconsin DNR Publications: Floodplain and Shoreland Mapping Grants Floods Affect Your Property A Helping Hand With Floodplain Management Watch Out for Substandard Property! Suggestions for Prospective Buyers of Waterfront Property in Rural Wisconsin What You May Need to Know About Owning Shore Property Mapping Wisconsin-s Wetlands Protecting Wetlands in Shoreland Areas Most brochures are available at your Area or District DNR office. *U.S. Army Corps of Engineers Publications: Floodplain - Handle With Care! Guidelines for Reducing Flood Damages Shoreline Erosion MOVIES AND SLIDES *Available from the DNR Bureau of Water Regulation and Zoning, GEF II, Box 7921, Madison, WI 53707: Cny of the Marsh. Color, sound, 13 minutes. A vivid portrayal of bird, animal, and plant life in an unspoiled marsh and the effects on nature of developing the marsh. A film with a con- servation message. What's Happening to Our Lakeshores? Color, sound, 27 minutes. A documentary of what's hip-pening to Wisconsin's lakes and lakeshores. Of special interest to community organizations. Shoreland Development: A New Approach. Color, sound, 18 minutes. Suggests ways to design development while protecting water quality and 0 shoreline aesthetics. 99 Co. 2/82 What Can We Do About Floods? Color, sound, 25 minutes. Produced by' UW-Extension in 1959. Despite age of the film, contains good information, highly relevant to Wisconsin floods. Untamed Earth. Color, sound, 18 minutes. Produced by the Federal Insurance Administration. Footage of 1972 "Year of the Floods" disasters. Mayor of Rapid City, South Dakota, emphasizes responsibility of local officials in protecting their communities against flood damages. It Doesn't Have to Happen. Color, sound, 22 minutes. Produced in 1980 by the U.S. Army Corps of Engineers in cooperation with Minnesota and Wisconsin DNRs. Treats floodproofing and relocating flood- way lines. *Available from National Weather Service, North Central Flood Forecast Center, 6301 34th Ave. South, Minneapolis, MN 55450: Watch Along the Watershed. Color, sound, 20 minutes. Illustrates floodwarning system for the Susquehana River in Pennsylvania. Efforts were initiated by private industry and extended by civil defense and county units. *Available from the U.S. Army Corps of Engineers, St. Paul District, 1135 U.S. Post Office and Custom House, St. Paul, MN 55101: Rivers, Floods and People. Color, sound, 11 minutes. Shows how flood-fighting can minimize flooding, but more importantly, how wise use of the floodplain can let it serve both man and its natural pur- pose. 1974. Waiting for the Next One. Color, sound, 10 minutes. Depicts the 1979 Red River of the North flood. Video-tapes (for 3/4 inch video cassette players) "The 1979 Flood of the Red River," 25 minutes "The 1979 Flood of Grand Forks-East Grand Forks," 25 minutes "The 1978 Flood in Rochester," 10 minutes. Slide-tape shows (for single projector, program slide show programmer, 1:000 hertz tone) "Urban Flooding" (Grand Forks-East Grand Forks and Fargo-Moorhead areas) "The Aftermath of Floods" (Red River of the North) OTHER REFERENCES eFloodplain Policy Guidance "A Uniform National Program for Floodplain Management," U.S. Water Re- sources Council; 1976, revised 1979. 100 Co. 2/82 Executive Order 11988 (President Jimmy Carter) in Weekly Compilation of Presidential Documents 13(22): 803-805, May 30, 1977. "Floodplain Management Guidelines for Implementing Executive Order 11988," U.S. Wati@r Resources Council, 1978. *Floodplain Engineering Documents "A Uniform Technique for Determining Flood Flow Frequencies," Bulletin 17A, U.S. Water Resources Council, revised 1977. "Generalization of Stream Flow Characteristics," U.S. Geological Survey, Water Supply Paper, 1975. "Techniques for Estimating Magnitude and Frequency of Floods for Wisconsin Streams," Duane H. Conger, U.S. Geological Survey, Water Resources Inves- tigations Report 80-1214, 1981. "Urban Hydrology for Small Watersheds," U.S.D.-A., S.C.S.-Engineering Division, Technical Release No. 55, 1975. eFloodplain Management "A Process for Community Floodplain Management," U.S. Department of the Interior, Office of Water Research and Technology; OWRT T/799, 1979. "Community Assistance Services," U.S. Department of Housing and Urban Development, Federal Insurance Administration (Federal Emergency Manage- ment Agency), 1977. No. l(d): Guide for ordinance development No. 2: Coordination during flood insurance studies No. 3: Entering the regular program No. 4: The floodway -- A guide for community permit officials. "Flood Hazard Mitigation," National Science Foundation, 1980. "Floodland and Shoreland Development Guide," South Eastern Wisconsin Re- gional Planning Commission, Planning Guide No. 5, 1968. "Floodplain Management Handbook," U.S. Water Resources Council, 1981. "Out of Hams Way: Lower Meramac Valley flood damage reduct ion study," Upper Mississippi River Basin Commission and the Missouri Department of Natural Resources, 1981. "Physical and Economic Feasibility of Nonstructural Floodplain Management Measures," William K. Johnson, U.S. Amy Corps of Engineers, 1978. 101 Co. 2/82 *Floodproofing "Design Guidelines for Flood Damage Reduction," AIA Research Corporation. for the Federal Emergency Management Agency, October 1981i Flood Proofing Regulations," U.S. Army Corps of Engineers, 1972. "Introduction to Flood Proofing," John R. Sheaffes, U.S. Army Corps of Engineers, 1967. "Protecting Your House from Flood Damage," Illinois Department of Trans- portation, Division of Water Resources, Local Assistance Series 3B, 1980. *Shoreland and Wetland Management "An Introduction to Wisconsin Wetlands - Plants, Hydrology and Soils," R.P. Novetzki, U.S. Geological Survey and UW-Extension - Wisconsin Geolog- ical and Natural History Survey, 1979. "Historical Perspectives: Adoption of the 1967 Shoreland and Floodplain@ Zoning Law in Wisconsin," UW-Extension - Department of Governmental Affairs and Department of Urban and Regional Planning, 1978. "Shoreland amd, Floodplain Zoning Along the Shore of Lake Michigan," O.R. Striegl, Wisconsin Department of Natural Resources, 1977. "The Local Resource-Regulation Connection: A practical approach for in- corporating a concept of resource carrying-capacity into local land use programs," Doug Yanggen and Bill Lontz, UW-Extension - Department of Governmental Affairs, 1980. "Wisconsin Wetlands," Wisconsin Department of Natural Resources and the Wisconsin Board of Soil and Water Conservation, 1980. eLocal Governments and Zoning American Law of Zoning, R.M. Anderson, Lawyers Cooperative Publishing Co., Rochester, New York, 1978. "Floodplain Regulations," Jon Kusler, U.S. Army Corps of Engineers, EP 1165-2-304, 1979. "Local Government in Wisconsin," State of Wisconsin Blue Book, pages 95-354, 1979-1980. "'Recent Court Cases," Lee Boushea and Richard Lehmann, prepared for the 1978 fall conference of the Wisconsin County Code Administrators by UW-Extension - Department of Governmental Affairs, 1978. "Reviewing, Recommending and Regulating: A beginner's guide to plan com- missions and zoning committees,' UW-Extension - Department of Gove@rnmental Affairs, review draft, 1978. 102 Co. 2/82 The Law of Zoning and Planning, A.H. Rathkopf, Clark Boardman Co., New York-,--Ne`w-Yo-rk, 1956. "Zoning 'Boards of Adjustment/Appeals: A guide for the newly appointed board member," UW-Extension - Department of Governmental Affairs, review draft, 1978. "Zoning Law and Practice in Wisconsin," Richard Cutter, Wisconsin Property Law Series - Vol. 1, The 1nstitute of .Continuing Legal Education, 1967. 103 Co. 2/82 Index Alleged Errors --43, 44-45, 71'-72 Amendments - 12, 36, 53-54, 77 Appeals - 35, also see Variances; Board of Adjustment; and Hearings Attorney General Opinions - 93-95 Board of Adjustment - 11, 25, 29, 35, 42-50, 52 Certificate of Compliance - 37, 38 Chapter 30 431 - 24 Citation Ordinance - 40 Class 2 Notice - 35, 59 Coastal Management - 68-69 Conditional Uses (See Special Exceptions) Construction Site Runoff and Erosion Control - 69-70 Corporation Counsel - 40 Court Decisions - 89-93 Department of Industry, Labor and Human Relations (DILHR) 28, 29 Department of Natural Resources (DNR) 21, 25, 26, 30 DNR Bureau of Legal Services Decisions 95-96 DNR Offices (directory) - 97 District Attorney - 40 Encroachment - 5 (defn.), 33 Enforcement - 252 29, 36-40 Federal Emergency Management Agency (FEMA) 3, 19, 97 Field Data.- 78-82 Flood Boundary Floodwa Map - 19 Flood Crest - 5 (defn.@ Flood Damage Costs - 4 Flood Frequency - 5 (defn.) Flood Fringe - 7 (defn.) Flood Hazard Boundary Map - 16-17 Flood Hazard Mitigation - 64-65 Flood Hazard Studies - 21 Flood Insurance Rate Map - 18, 19, 33 Flood Insurance Studies - 19, 33 Floodplain - 6 (defn.) Floodplain and Shoreland Mapping Grants 65 Floodplain Information Reports - 20 Floodplain Management - 13-14 Floodplain Maps - 16-21 Floodplain Studies - 16-21 Floodplain Zoning - 3, 4, 14, 16 Flood Profile - 8 (defn.), 83 Floodproofing - 6 (defn.), 84-87 Floodway - 7 (defn.) Co. 2/82 104 Forms - A-1 -19 Appeal to the Board of Adjustment/Appeals - A-10 Application for a Permit to Develop in a Floodplain A-1 Application for a Shoreland Special Exception Permit A-3 Application for a Shoreland Special Exception Permit Site Plan Form A-4 Application for a Zoning Permit and Certificate of Compliance - A-2 Certificate of Compliance - A-9 Complaint on Violation - A-8 Notice of Action on Appeal -.,',A-18 Notice of Public Hearing - A-14 Notice of Public Hearing (Special Mail Notice) - A-15 Notice of Public Hearing on Petition (mail notice) - A-16 Notice of Violation - A-7 Petition to Change Zoning Classification - A-13 Report of the Planning & Zoning Committee on Zoning Petition A-17 Request to the City/County Planning & Zoning Committee A-12 Sample Board of Adjustment Decision - A-19 Sample Permit Denial - A-6 Variance Appeal - A-11 Violation - A-5 Zoning_Pemit - A-5 Freeboard 8 (defn.) Hydraulic Reach - 8 (defn.) Inspections - 36-38, 39 Meetings - 58-61 National Flood Insurance Program - 24, 25, 40, 63-64, 97 Nonconforming Uses - 24-25 NR 115 - 26, 29, 4231 55 NR 116 - 15, 25, 42 NR 118 - 66 Ordinary High-Water Mark - 8 (defn.) Permits - 31-36 Permitted Uses, Floodplain - 21-25 Permitted Uses, General - 11 Permitted Uses, Shoreland-Wetlands 29-30 Planning and Zoning Committee - 11, 12, 29, 51-57 Profile (See Flood Profile) Prohibited Uses, Floodplain - 22-23 Prohibited Uses, General - 12 Prohibited Uses, Shoreland-Wetland 29 Public Hearings - 25, 35, 54, 58-61 105 Co. 2/82 Record Keeping - 40-41 Regional Flood - 6 (defn.), 33 Regional Flood Elevation - 6 (defn.), 34 Regional Floods in Wisconsin - 13 Regional Flood Protection Elevation - 6 (defn.) St. Croix National and Scenic Riverway - 66 Shorelands - 2, 9 (defn.), 26 Shoreland-Wetlands - 29-30 Shoreland Zoning - 2, 4, 26-30 Special Exceptions - 11, 36, 42, 43, 45-47, 57, 73-74 Subdivision Plats - 55-57 Unnecessary Hardship - 48-49 U.S. Army Corps of Engineers - 3, 19, 20, 98 U.S. Geological Survey - 19, 98 U.S. Soil Conservation Service - 19, 21, 98 Variances 35, 43, 47-50, 75-76 Violations 38, 39, 40 Water Resources Act - 1, 4, 14, 26 Wetlands - 9 (defn.), (also see Shoreland-Wetlands) Wetland Inventory (See Wetland Mapping) Wetland Mapping - 29, 66-68 Zoning Administrator - 25, 29, 31-41, 52 Zoning, General - 11 106 Co. 2/82 r I I ,SAMPLE ZONING FORMS YOUR COUNTY APPLICATION FOR d@;;DTO DEVELOP IN A FLOODPLAIN PZFJffT NO. PP The undersigned hereby makes application for a permit to develop in a floodplain. The work to be performed, Including flood protection works, is as described below and in attachments hereto. The undersigned &grew that an such work shall be done In accordance with the requirements of the County Floodplain Zoning Ordinance and with all other applicable County Ordinances and the lave and regulations of the State of Wisconsin. immon: T@sr @ Road Town 3 ec -Ir4- -IT4- Lot Block Subdivision or C.S.M. Number Zone PROPOSED WORK: BUILDING: FLOOD DISTRICT: ARIA: Subdivision Now General PP x Filling A"Ition Regional PY Square feet' Grading Alteration Regional 7W in USGS YAneral removal Noving Top of fill Usas Dredging Z.P. FIRM ZONE Cost Owner CONTRACTOR/BUILDING signed: (owner/Agent) Date Permit issued Permit denied Reason Fee 371 Date Inspection record: By: Date C of C 128MM BY: PU=s prepared by Date Land Surveyor/Enginear/Architect Sent to DNR District Main Office 37. other information NOTE: Property owners, builders and contractors are primarily responsible for code compliance and reasonable care in construction. A-1 Co. 2/82 Town APPLICATION FOR A o@ Permit No. WE-DO-RIGHT COUNTY ZONINGQLRMIT) AND CERTIFICATE OF CONFLIANCE Owner or Agent Date Address Telephone Number City State Zip Sanitary Permit Number Zoning District Roiad Name Gov't Lot 1%. It, Section T N, R E Area Acres Subdivision Lot Block House Fire 0 SKETCH PLAN: SETBACKS: to centerline Highwa ft. to right-of-way Side Yard ft. Side Yard ft. Rear Yard ft. Water (river, stream, etc.) ft. Wetland ft. Septic Tank ft. Drainfield/Dry Well ft. Purpose of Construction: Contractors: BuildinR Plumbing Electrical Market Value Completion Date Dimensions of Proposed Construction/Square Ftg@ For Office Use: Date Issued Date Denied PROPERTY OWNER'S STATEMENT (Deputy Zoning Administrator's Signature) The undersigned property owner hereby applies for a ZONING PEP141T and CERTIFICATE OF COMPLIANCE for the alteration described and located as shown herein ahd agrees that all work shall be done In accordance with the requirements of the joint TOWN-COUNTY ZONING ORDINANCE and the statements of this application and agrees that the premises will not be used until the (Deputy) Zoning Administrator, after notification, certifies such completed alteration is in compliance with the requirements of the joint TOWN-COUNTY ZONING ORDINANCE and the statements of this application. NOTE: Property owners, builders and contractors are primarily responsible for code compliance and reasonable care in construction. Signatu Of Property Owner or Agent -N-te Co. 2/82 A-2 WE-DO-RIGHT COUNTY OFFICE OF PLANNING & ZONING ADMINISTRATION APPLICATION FOR MORELAND SPECIAL EXCEPTION (CONDITIONAL USE)4RED Owner Date Mailing Address Telephone Number Th undersigned hereby applies for a permit to do the work herein described, and as shown on th: required Site Plan Form or attached registered survey hereof, and hereby agrees that all work will be done in accordance with all the lave of the State of Wisconsin and all of the ordinances of the County and Town applicable to the following described premises: Subdivision Name Lot Block Street or Highway Zoning District Abutting Body of Water Section Township Range Parcel No. PROJECT SPECIFICATIONS Type and Size of Materials to be used Dimensions and depth of area to be filled Amount of fill to be used Restoration methods to be used (include time table) Designed by Contractor Estimated Cost IT IS-THE RESPONS-IBILITY OF ALL APPLICANTS TO COMPLY WITH THE FOLLOWING CONDITIONS 1. All projects constructed shall meet the conditions stipulated at the time the permit is approved. Furthermore, the project shall not cause the diversion of any storm water On to abutting properties or the road right-of-way. 2. All applicants are required to inquire and obtain any and all necessary permits from the U.S. Army Corps of Engineers, the Department of Natural Resources and the local Township. !Lo work shall commence until all necessary permits have been obtained 3. Bach applicant for a Shorelaad Special Exception (coudittquaa use) Permit to charged with knowledge of the County Shoreland and Floodplaln Zoning Ordinance. Copies of the text of this Ordinance or portions thereof and copies of the official Zoning Maps are available for sale, copying or inspection upon request. Any statement made. site plan submitted, any project improperly constructed, assurance given or permit erroneously issued contrary to this Ordinance is null and void and may be subject to prosecution. 4. The Planning and Zoning Committee of We-Do-Right County Board of Supervisors may establish conditions to guarantee the project is completed in conformance with County Ordinances, assuring against erosion, sedimentation and pollution. Remarks NOTE: Property owners, builders and contractors are primarily responsible for code compliance and reasonable care in construction. I have applied for permits from the: Wis. Dept. of Natural Resources,Date U.S. Army Corps of Engineers,Date Fee Paid: Cash Check The undersigned hereby attests that the above stated information is true and accurate. Reciept Numbs Owner Planning & Zoning Committee Action: Agent Approved Denied Date- (if representing owner) Date Permit issued: Agent's Address Planning & Zoning Administrator Phone A-3 Co. 2/82 SITE PLAN FORM APPLICATION FOR MORELAND SPECIAL EXCEPTION (CONDITIONAL USE)<ER) As required by Section 4.1 of We-Do-Right County Shoreland Zoning Ordinance and Section H 62.20 of the Wisconsin Administrative Code, the following information is required and shall be drawn to scale: 1. Shape and dimensions of lot 2. Location, use and dimensions of all existing and proposed structures on lot 3. Setback distances from all lot lines and distances between structures. All street yard distances measured shall be measured from the edge of the highway right-of-vay (property line) 4. Septic or holding tank seepage field, and well location and distance from lot line and building on lot 5. Amount and location of fill Indicated by inches or feet over the area to be filled 6. Location of any proposed shore protection (indicate location of high-water mark) 7. Indicate type and size of materials to be used 8. Prior to completing this site plan, any applicant with any questions In regards to the requirements of this application should contact this office. N Scale used: The undersigned hereby attests that the above site plan is aim accurate representation of the property and all structures, areas to be filled, and shore protection to be Installed thereon. Signature Date Co. 2/82 A-4 THIS CERTIFIES THAT A ZONING PERMIT Has been Issued to for gype and use at Tu-iiding) I n (Metes and bounds or Lot block and Subdivision) In - 1/4 of - 1/4 of Section - In Township - Range - on Highway in County City/Village of (zoning Administrator) POST ON PREMISES IN PLAIN VIEW NOTE: Print on durable cardboard NOTICE IS HEREBY GIVEN THAT A VIOLATION OF THE ORDINANCE OF COUNTY/CITY/VILLAGE MAY EXIST ON THESE PREMISES WITH RESPECT TO: Q Land Use 0 Floodplain Building Elevation Ej Building Location 0 Other THE OWNER OF THIS PROPERTY IS ADVISED TO CONTACT THE OFFICE OF THE ZONING ADMINISTRATOR AT ONCE. NOTE: Print In red on durable waterproof cardboard A-5 Co. 2/82 We-Do-Right County, WI Date Mr. John Doe, Permit Applicant P. 0. Box 000 We-Do-Right, WT RE: Denial of Development Permit No. Dear Nr. Doe: Your application for a permit to construct tory with full basement denie The structure, as residential structure at 543 River Road is= proposed, is in violation of the Floodplain Ordinance adopted by We-Do-Right County on (Date) for the following reason(a): 1. Your plans show a lowest floor elevation of 882 FT M.S.L. The regional flood elevation at that site Is 891 FT M.S.L. The Floodplain Ordinance requires that the lowest floor, Including the basement, of all new structures be elevated at least two feet above the regional flood level. If you wish to pursue this development project, you have three options: 1. You may redesign your project so it is in compliance with the Floodplain Ordinance, and resubmit your permit application; 2. If you feel I have made a mistake or misinterpreted the ordinance, you may appeal this decision to the Planning and Zoning Committee; or 3. If you feel you have a unique situation and the ordinance places an unfair hardship on you, you may request a variance from the Board of Adjustment. Should you have any questions, please contact me. Sincerely, Zoning Administrator We-Do-Right County, WT. Co. 2/82 A-6 Office of the Zoning Administrator City/County Building Date Dear As required under thel Ordinance, notice is hereby given that you are ft(@E@of (city specific ordinance provisions) of the Ordinance. The violations noted are and the following actions should be taken by (date) The violation was first noted as having occurred on (date) and any penalties provided for in (cite specific Ordinance section) Of thL- Ordinance shall be applicable as of that date. Please feel free to contact this office, for we are available to assist you in clarifying this matter. Yours very truly, Enforcing Officer A-7 Co. 2/82 COMPLAINT ON VIOLATION STATE14ENT BY C011PIAINANT On the basis of my understanding of W tM4 0 (city specific ordinance provisions) 0 C6 ,of the Ordinance, it is my belief that the property located at (address) and being used by may be in violation of. (name of alleged violator) z z the ordinance because: 0 a (insert reasons) Complainant Address Date Phone ACTION OF ENFORCING OFFICER A. Review of Complaint Filed, Indicates 0 no violation of provisions of Ordinance []the following provisions of the Ordinance may be In violation (cite specific ordinance provisions) Comimnts: B. Inspection of Premi as, indicates Ono violation of provisions of Ordinance Oviolations noted of the following provisions of the Ordinance (city specific ordinance provisions) 0 Date(s) of Inspection Action on Complaint Ono action taken as no violation was found Oaction taken as follows: W r Cr 96 Enforcing Officer Date Co. 2/82 A-8 Original owner must preserve this certificate. No. CERTIFICATE OF COMPLIANCE Premises located In JKO Section T R_, Town of Lot _, Block Subdivision City/Village of Date 19 Check One Owner Now Bldg. Address Existing Bldg. Use Vacant Land Zoning District Compliance is hereby certified with the requirements of the Zoning Ordinance Inspected by Inspected by Inspected by Date Date Date This certifies that the above described premises may be occupied and used in the manner above specified, and certifies that the above specified occupancy complies with the zoning ordinance of the County/City/Village of and the laws of the State of Wisconsin. Signed Zoning Administrator IT IS UNLAWFUL to occupy these promises except as above specified. If use Is to be changed, a now certificate must first be secured. A-9 Co. 2/82 Number dii@)TO THE BOARD OF ADJUSTMENT/APPEALS APPELLANT AGENT FOR APPELLANT Name Name Address Address (city) (state) (zip) (city) (state) (zip) Telephone Number Telephone Number APPEAL REQUEST (State briefly what is being appealed) PROPERTY LOCATION AND DESCRI PTI ON Gov't Lot of the of Section T N, R E Town of Area Acres Legal Description of Property Date (signature of appellant) DISPOSITION @Date of Publishings: and Date of Appeal Date of Hearing - Action Taken: Approve Approve vit h Condition Table_ Deny Date of Action r^_ ?/A7 A-10 VARIANCE BOARD OF ADJUS4iRADPPEALS (1) (WE) hereby appeal to the Board of Adjustment for a variance on the folloving described land: in the Town of which is located in the Zoning District. The variance is required because of the Zoning Ordinance requires that Proposed use of property, building, addition or alteration if variance is granted Reason/s why applicant cannot comply with ordinance requirements Date: Signed applicant or agent Mailing address AMON BY BOARD OF ADJUSTMENTAPPEALS FINDING OF FACT IS INCLUDED IN THE MINUTES OF THE PUBLIC HEARING OF DIVISION: Appeal No. Zoning Permit No. Issued: Zoning Administrator A-11 Co. 2/82 Number GiD TO THE CITY/COUNTY PLANNING AND ZONING CONMTTTEE APPELLANT AGENT FOR APPELLANT Name Name Address Address (city) (state) (zip) (city) (state) (zip) Telephone Number Telephone Number REQUESTED.CHANGE (State briefly what is being requested and why) PROPERTY LOCATION AND DESCRIPTION Gov't Lot 14, of the 14, of Section T N, R E, Town of Area Acres Legal Description of Property Date (signature of appellant) DISPOSITION: Date of Publishing and Date of Request Date of Hearing Committee Action Date of Action County Board Action Date of Action Co. 2/82 A-12 PETITION NO. O'"@ITION TO ZONING CLASSIFICATION OF LJ1kNDS IN THE TOWN OF (PET CHANGE THE TO THE COUNTY BOARD OF SUPERVISORS: Ladies & Gentlemen: The undersigned hereby petitions the County Board of Supervisors to change the zoning classification of the following described land In Section Town of Your County, Wisconsin, from the District to the District. Respectfully submitted on 19 by Agent: Owner: Name Name Street Street Post Post Office Office Telephone zip- Telephone zip. A-13 Co. 2/82 NOTICE OF PUBLIC HEARING STATE OF WISCONSIN CITY/VILLAGE SS COUNTY OF TO WHOM IT MAY CONCERN: PUBLIC NOTICE is hereby given to all persons in the of Wisconsin, that a public hear- ing will be held on f9-, at in the : Wisconsin, relative to a proposal to vary the terms of the Ordinance as follows: on the following described-real estate, to wit: All persons interested are invited to attend said hearing and be heard. County/City/Village Board of Adjustment/Appeals Chairman Dated at this day of 19-. Co. 2/8Z A-14 NOTICE OF PUBLIC HEARING BEFORE BOARD OF ADJUSTMENVAPPEALS (SPECIAL MAIL NOTICE) Appeal No. Dated Dear Property Owner: The Board of Adjustment/Appeals will hold a public hearing on , 19-, at P.M. to hear the (appeal)(applica- tion) of Mr. for (an interpretation of the Zoning Ordinance or Map)(a special exception)(a variance). The (appeal)(application) requests at Street. All interested parties wishing to be heard are requested to be present. Board of Adjustment/Appeals Secretary A-15 Co. 2182 PETITION C.U.P. The public hearing on your petition or application will be held on Tuesday at 7:30 P.M. in Room #224 of the City-County Building. it.,`is' necessary that you or your agent attend this public hearing. Failure to attend the public hearing will result in the denial of your petition or-application. Contact Town Clerk, Telephone to arrange a meeting with-the Town Board of Planning Committee before the public hearing. Co. 2/82 A-16 6;@F THE PLANNING & ZONING COMITTEE ON ZONING PETITION NO. REPORT We, your Planning Zoning Committee and the Zoning Administrator to vhom was referred RESOLUTION NO. , ORDINANCE NO. 9 PETITION NO. CM441JNXCATION NO. recommend that District Attorney Land Agent Committee Zoning Officer ADOPTED A-17 Co. 2/82 City/Village County of Board of Adjustment/Appeals NOTICE OF Date Appeal Application Dear V At the meeting of the Board of Adjustment/App6als, laid. (date) your appeal for a(n) (:Lnterpretation)(variance)(special exception) was considered. MI-b On the .basis of the evidence presented at the hearing on this case, it was determined.--that your appeal be (granted)(denied)(modified as follows): NOTE: Use Only If Decision Reversed The has been informed of our decision and has been ordered to issue a permit as requested subject to the above modifications. A complete record of the hearing and the decision of the Board is available for your Inspection at the (place available) If copies from the record are desired, they may be secured upon request and payment of transcription costs. Yours very truly, Secretary Board of Adjustment/Appeals Copies to: Zoning Administrator Parties to Appeal Pr Dept. of Natural Resources W or M W Co. 2/82 A-18 County of We-Do-Right, WI Date Mr. John Doe, Permit Applicant P. 0. Box 000 We-Do-Right, WI RE: Board of Adjustment Decision on Permit Application Dear Hr. Doe: On September 8, 1981, the Board of Adjustment reviewed your permit application to construct a storage garage at 543 River Road and determined that the Floodplain Ordinance does c .- an exceptional hardship. Consequently, the Board hereby grants ou seSariance 1 3M )to the ordinance and you may build the garage with the lowest UMT-Slro-w the regional flood elevation of 891 FT M.S.L. You are notified that this variance does not waive any flood insurance premium rates and the costs of insuring the garage will be commensurate with the increased risk resulting from the reduced elevation. Sincerely, Zoning Administrator We-Do-Right County, WT A-19 Co. 2/82 FLOODPLAIM REGULATORY FRAMEWORK Section 87.30, Wisconsin Statutes Statutory Authority for Floodplain Zoning 87.30 Flood plain zoning. (1) STATE POW- zoning ordinance shall be of the same effect as if ERS. (a) If any county, city or village does not adopted by the county, city or village. There- adopt a reasonable and effective flood plain after it is the duty of the county, city. village and zoning ordinance within one year after hydrau- town officials to administer and enforce the lic and engineering data adequate to formulate ordinance in the same manner as if the county, the ordinance becomes available, the depart- city or village had adopted it. Flood plain deter- ment shall, upon petition of an interested state minations and zoning ordinances so adopted agency, a municipality or upon its own motion as may be modified by the county. city or village soon as practicable and after public hearing, concerned only with the written consent of the determine and fix by order the limits of any or department except that nothing in this subsec- all flood plains within a county, city or village tion may be construed to prohibit a county, city. within which serious damage may occur. There- village or town from adopting a flood -plain after the department shall as soon as practicable ordinance more restrictive than that adopted by after public hearing adopt a flood plain zoning the state. ordinance applicable to a county, city or village, (c) Except as provided under par. (a), the except that no flood plain zoning ordinance may cost of such flood plain determination and ordi- be enacted unless the hydraulic and engineering nance promulgation and enforcement by the studies necessary to determine the floodway or state -shall be assessed against the county, city or flood plain limits, or both, if both limits are village concerned and collected in substantially deemed necessary by the department, have been the same manner as other taxes levied by the made at state or federal expense. If the depart- state. ment utilizes hydraulic and engineering studies (IM) JURISDICTION OVER DRAINAGE DITCH- previously completed, the department shall be ES LIMITED. Notwithstanding any other provi- responsible for ensuring that the studies are sion of law or administrative rule promulgated reasonable and accurate. Thirty days' notice of thereunder, a flood plain zoning ordinance re- all hearings on flood plain determination or quired under sub. ( I ) does not apply to lands zoning before the department shall be given to adjacent to farm drainage ditches if. the county, city or village clerk, the clerks of all (a) Such lands are not within the flood plain towns where lands may be affected and to the of a natural navigable stream or river-. department of transportation. Exhibits and (b) Those parts of such drainage ditches testimony shall be a part of the official record. adjacent to such lands were nonnavigable Failure of a county, city or village to adopt a streams before ditching or had no previous flood plain zoning ordinance for an area where stream history; and appreciable damage from floods is likely to occur or to adopt an ordinance which will result (c) Such lands are maintained in nonstruc- in a practical minimum of flood damage fn an tural agricultural use. area shall be prima facie proof of the necessity (2) ENFORCEMENT AND PENALTIEs. Every for a 'ction specified under this paragraph by the structure, building, rill, or development placed department. The department shall make a or maintained within any flood plain in violation decision in writing of insufficiency of any of a zoning ordinance adopted under this sec- county, city or village flood plain zoning ordi- tion, or s. 59.97, 61.35 or 62.23 is a public nance before adopting an ordinance superseding nuisance and the creation thereof may be en- a county, village or city ordinance. All orders of joined and maintenance thereof may be abated the department under this subsection which by action at suit of any municipality, the state or either fix the limits of flood plains or enact local any citizen thereof. Any person who places or flood plain zoning ordinances shall. when they are in final draft form and before they are maintains any structure, building, rill or devel- issued, be referred to the appropriate standing opment within any flood plain in violation of a committees of the legislature, where the proce- zoning ordinance adopted under this section, or dure under s. 227.018 (2) shall apply. Orders of s. 59.97, 61.35 or 62.23 may be fined not more the department under this section shall, after than $50 for each offense. Each day during becoming effective, be deemed rules for pur- which such violation exists is a separate offense. poses of s. 13.56, and may be suspended by the joint committee for review of administrative rules. NOTF_ Chapter 437, laws of 1977, which amended pat. (a), contained Ro extewive note explaining the tuatudatent. Set History: 1971 c. 164; 1975 c. 232, 301, 422; 1977 c. 29 s. dw 1977 session lavy volunw- 1654 (8) (c); 1977 c. 437, 447. County flood plain zoning ordinances adopted by the de- (b) All final orders, determinations or deci- pargmcnt under this sectio do not need approval of the town sions made under this subsection shall be subject boardsin order to become `effective within .11 unincorporated to review under ch. 227 and be effective 20 days areas of the county. 62 Atty. Gen. 264. after the same have been served unless such The necessity of zoning variance or amendments notice to the Wisconsin department of natural resources under the order, determination and decision specifies a shoreland zoning and navigable waters protection act&. different date upon which the same shall be Whipple, 57 MLR 25. effective. Such flood plain determination and The public trust doctrine. 59 MLR 787. B-1 Co 2/82 The following pages are Chapter NR 116, Wisconsin Administrative Code, Wisconsin's Floodplain Management Program. It specifies the rules and procedures for regulating floodplain areas in Wisconsin. Co. 2/82 B-2 0 0 0 DEPARTMENT OF NATURAL RESOURCES 85 86 WISCONSIN ADMINISTRATIVE CODE NR 116.02 Applicability. The provisions of this chapter are ap- Cable to flood plain management by counties, cities and villages. nless otherwise specifically exempted by law, section 13.48 (13), Wis. Chapter NR 116 State., requires that all state agencies obtain all necessary permits required by local zoning ordinances. WISCONSIN'S FLOOD PLAIN Histary: Cr. Register, July, 1977, No. 259, off. 8-1-77. MANAGEMENTPROGRAM NR 116.03 Dermitions. (1) ACCESSORY USE. An accessory use is any NR 116.01 Purpose NR 116.12 Amendments of official facility, structure, building or use which is accessory or incidental to NR I J 6.02 Applicability noodway lines the principal use of a property, structure or building. NR 116.03 Definitions NR 116.13 Uses in floodway areas NR 1 6.04 Severability NR 116.14 Uses in flood fringe areas (2) CRRMiCATz OF coupLuNcz. A certificate of compliance is NR 116.05 Adoption and upgrading of (outside of the floodway) issued to a property owner by a county, city or village and certifies flood plain zoning ordinances NR 116.15 Nonconforming uses NR .116.06 Areas to be regulated NR 116.16 Flood proofing that the use of land or a building in the flood plain area is in NR 116.07 Regional flood flow determi- NR 116.17 Flood control works conformance with the provisions of the flood plain zoning ordinance. nation NR 116.18 Procedures for changing flood NR 116.08 Water surface profile of the plain and floodway limits (3) CHANNEL. A channel is a natural or artificial watercourse with regional flood NR 116.19 Appointment and duties.of definite - bed and banks to confine and conduct the normal flow of NR 116.09 Data required to be shown on zoning administrator, zoning flood plain zoning maps agency and board of water. NR 116.10 Conflicts between water &dUuntment/appeals surface profile and flood plain NR 116.20 County, city and village re- (4) DzpAaTmzNT. Department refers to the state of Wisconsin zoning maps sponsibilities department of natural resources. NR 116.11 Initial delineation of floodway NR 116.21 Permits. special exceptions lines (conditional us"), variances, (5) ENCROACHmizNT. An encroachment is any fill, structure, build- appeals and amendments NR 116.22 Department duties ing, use, accessory use or development in the floodway. Note: Chapter NR 116 an it existed on July 31, 1977. was repealed and a new chapter (6) ENCROACHMENT/FLOODWAY LINES. Encroachment/floodway lines NR 116 was created effective August 1, 1977. are limits of obstruction to flood flows. These lines are on both sides of and generally parallel to the river or stream. The lines are es- NR 116.01 Purpose. (1) The Wisconsin legislature in enacting tablished an i:gy that the area landward (outside) of the t/flO2 chapter 614, laws of 1965, recognized that flood plain zoning is a encroachme w lines will be ultimately developed in such a necessary tool to protect human life, health and to minimize property way that it will not be available to convey flood flows. damages and economic losses. Counties, cities and villages are re- quired by section 87.30, Wis. State., to adopt reasonable and effective (7) EQUAL DEGREE OF HYDRAULIC ENCROACHMENT. The effect of any flood plain zoning ordinances within their respective jurisdictions to encroachment into the floodway must be computed by assuming an regulate all flood plains where serious flood damage may occur. equal degree of hydraulic encroachment on the other side of a river or stream for a hydraulic reach. This computation assures that property (2) The purpose of these rules is to provide a uniform basis for the owners up, down or across the river or stream will have the same preparation and implementation of sound flood plain regulations for rights of hydraulic encroachment. Encroachments are analyzed on the all Wisconsin flood plains to: basis of the effect upon hydraulic conveyance, not upon the distance (a) Protect life, health and property; the encroachment extends into the floodway. Also see: Hydraulic Reach. (b) Minimize expenditures of public monies for costly flood control (8) FLOOD. A general and temporary condition of partial or com- projects; plete inundation of normally dry land areas caused by the overflow or (c) Minimize rescue and relief efforts, generally undertaken at the rise of rivers, streams or lakes. expense of the general public; (9) FLOOD FREQUENCY. The term flood frequency is a means of (d) Minimize business interruptions; expressing the probability of flood occurrences and is generally de- termined from statistical analyses. The frequency of a particular flood (e) Minimize damage to public facilities on the flood plains such as flow is usually expressed as occurring, on the average, once in a r*J water mains, sewer lines, streets and bridges; specified number of years. Any particular floodnowcould, however, occur more frequently than once in any given year. 00 (f) Minimize the occurrence of future flood blight areas on flood r1a plains; and (10) FLOOD FRINGE. The flood fringe is that portion of the flood plain outside of the floodway, which is covered by flood waters during (g) Discourage the victimization of unwary land and home buyers. the regional flood; it is generally associated with standing water rather History: Cr. Register, July, 1977, No. 259, a((. 8-1-77. than rapidly flowing water. li@gimter,July, 1977, No. 259 Register, July. 1977, No. 269 Environmental Protection Environmental Protection DEPAliTMENTOF NATIJRAL RESOUliCES 87 as WISCONSIN ADMINISTRATIVE CODE (11) FLOOD PLAIN. The flood plain is the land which has been or (21) NONCONFORMING USE. A nonconforming use is an existing may be hereafter covered by flood water during the regional flood. lawful use of a structure, building or accessory use which is not in rN> conformity with the provisions of the flood plain zoning ordinance for The flood plain includes the floodway and the flood fringe. the area of the flood plain which it occupies. (12) FLOOD PLAIN MANAGEMENT. Flood plain management involves the full range of pjublic policy and action for insuring wise use of flood (22) OFFICIAL FLOODWAY LINES. Official floodway lines are those plains. It includes everything from the collection and dissemination of lines which have been adopted by the county, city or village, approved flood control information to actual acquisition of flood plain lands; by the department, and which are shown on the official flood plain and the enactment and administration of codes, ordinances, and zoning maps and used for regulatory purposes. statutes for land use in the flood plain. (23) OPEN SPACE USE. Open space uses are those uses having a (13) FLOOD PROOFING. Flood proofing involves any combination of relatively low flood damage potential, such as those uses associated structural provisions, changes, or adjustments to properties and struc- with agriculture, recreation, parking, storage yards, or certain sand tures subject to flooding, primarily for the purpose of reducing or and gravel operations. eliminating flood damage to properties, water and sanitary facilities, (24) RaGioNAL noon. The regional flood is a flood determined to structures and contents of buildings in flood hazard areas. be representative of large floods known to have generally occurred in (14) FLOOD PROTECTION ELEVATION. The flood protection elevation Wisconsin and which may be expected to occur on a particular stream shall correspond to a point 2 feet of freeboard above the water surface because of like physical characteristics. The regional flood is based profile associated with the regional flood and the official floodway upon a statistical analysis of streamflow records. available for the lines. Also see: Freeboard. watershed and/or an analysis of rainfall and runoff characteristics in th eneral watershed region. The flood frequency of the regional (15) FLOODWAY. The floodway is the channel of a river or stream Kilt is once in every 100 years; this means that in any given year and those portions of the flood plain adjoining the channel required to there is a 1 % chance that the regional flood may occur. During a carry and discharge the flood water or floodnowsassociated with the typical 30-year mortgage period, the regional flood has a 26% chance co regional flood. of occurring. 06) FRFEBOARD. Freeboard is a factor of safety usually expressed in (26) SPECIAL EXCEPTION (CONDMONAL USES). A special exception terms of a certain amount of feet above a calculated flood level. (also called a conditional use) is a use which is permitted by the flood Freeboard compensates for the many unknown factors that contribute plain zoning ordinance srovided certain conditions specified in the to flood heights greater than the height calculated. These unknown ordinance are met an a permit is granted by the board of factors include, but are not limited to, ice jams, debris accumulation, adjustment/appeals or, where appropriate, the zoning committee. wave action, obstriwtion of bridge openings and floodways, the effects (26) STANDARD PROJECT FLOOD. The standard project flood is a of urbanization oil the hydrology of the watershed, loss of flood hypothetical flood, estimated by the corps of engineers, representing storage areas due to development and aggradation (if the river or the flood runoff volume and peak discharge that may be expected stream bed. from the most severe combination of meteorological and hydrologic (17) HIGH FLOOD DAMAGE POTENTIAL. High flood damage potential is conditions that are considered reasonably characteristic of the associated with any danger to life or health and any significant geographical region involved, excluding extremely rare combinations. economic loss to a structure or building or its contents. (27) STRUCTURE. A structure is any man-made object with form, (18) HYDRAULIC FLOODWAY LINEs. Hydraulic floodway lines shall shape and utility, either permanently or temporarily iftached to or delineate the channel of the river or stream and those portions of the placed upon the ground, river bed, stream bed or lakebed. adjoining flood plains which are reasonably required to carry and (28) UNNECESSARY HARDSHIP. Unnecessary hardship is any unique discharge the regional flood flow without any measurable increase in and extreme inability to conform to the provisions of a flood plain flood heights. zoning ordinance due to &sical factors which are not solely related . (19) HYDRAULIC REAcii. A hydraulic reach along a river or stream is to economic gain or lose. unnecessary hardship is present only where, that portion of the river or stream extending from one significant in the absence of a variance, no feasible use can be made of the change in the hydraulic character of the river or stream to the next property. significant change. These changes are usually associated with breaks (29) VARIANCE. A variance authorizes the construction or main- in the slope of the water surface profile, and may be caused by tenance of a building or structure in a manner which is inconsistent bridges, dams, expansion and contraction of the water flow, and with dimensional standards contained in the flood plain zoning or- changes in stream bed slope or vegetation. dinance. A variance can only be granted by the board of (20) LEVEE. A levee is a continuous dike or embankment of earth adjustment/appeals. A variance shall not permit a use of property constructed parallel to a river or stream to prevent flooding of certain otherwise prohibited by the flood plain zoning ordinance; it may areas of land. permit deviations from dimensional standards. Reginter..Jtalv, 1977, No. 259 Register. July, 1977, No. 259 E'awironineiitul Protection Environmental Protection 0 DEPARTMENT OF NATURAL RESOURCES 89 90 WISCONSIN ADMINISTRATIVE CODE (30) WATERSHED. A watershed isa@ic=n or area contributing (b) Flood plain mans, ement statutes. ultimately to the water supply of a p watercourse or body of water. (c) Flood plain management rules. (31) WATER SURFACE PROFILE. The water surface profile is a (d) Flood plain management case law. graphical representation of the height of the water surface throughout a county, city or village based upon a certain flow passing through the (e) Hydrologic data. river or stream. A water surface profile based upon flows occurring (f) Improved technical information and methods. during a regional flood is used in regulating the flood plain areas. (32) WELL. A well is an excavation or opening in the ground made History: Cf. Register, July, 1977. No. 259, off. 8.1-77. by digging, boring, drilling, driving or other methods, for the purpose NR 116.06 Areas to be regulated. Counties, cities and villages of obtaining ground water. shall develop flood plain zoning maps, reflecting the best available History. Cf. Register, July. 1977, No. W9, off. 8-1-77. data, which show the areas to be regulated. They shall also develop flood plain zoning ordinances to define proper uses in those regulated NR 119.04 Severability. Shbuld any section, par aph, phrase, areas. These flood plain maps and zoning ordinances shall regulate all sentence or clause of this chapter be declared inv%rld or uncon- flood plains, and the minimum limits for regulatory purposes shall be stitutional for any reason, the remainder of this chapter shall not be all those areas covered by waters during the regional flood. affected thereby. History: Cr. Re&ter, July. 1977, No. 269. off. 8-1-77. History- Cr. Re&tor. July, 1977, No. 259, off. 8-1-77. NR 116.07 Regional flood flow determination. The method of NR 116.05 Adoption and upgrading of flood plain zoning or- determining the discharge for the regional flood shall be based upon dinances. (1) ADOPTION. Counties, cities and villages shall adopt, and the guidelines contained herein. continue to administer and enforce, reasonable flood plain zoning ordinances for all streams and flood plains within their respective (1) COMPREHENSIVE STUDIES - GENERAL RULE. Comprehensive studies isdictions. These ordinances shall meet or exceed the standards in to determine the regional flood flow discharge for a significant seg- ment ms chapter. of a river or stream shall generally use the log-Pearson Type III distribution method as described in Bulletin #17 of the Hydrology (2) INCLUSION IN LOCAL REGULATIONS, CODES AND PROGRAMS. Where Committee, U.S. Water Resources Council, entitled "Guidelines For necessary to insure the effectiveness of flood plain zoning ordinances, Determining Flood Flow Frequency", March 1976. The technique the standards in this chapter.shall be included in subdivision reg- described in Bulletin #17 shall be modified under the following ulations, building and sanitary codes, flood irisurance regulations, and circum tances: other related program . (a) When determining skew, a log-normal analysis (zero skew) (3) SumnTruTION. Where the department finds that one or more of Shall be used instead of the generalized skew map found in Bulletin the following regulations, codes or program will accomplish the 17. purpose of section NR 116.01, these regulations, codes or program may be substituted in lieu of all or portions of flood plain zoning (b) When less than 100 years of adequate data is available for the ordinances. applicable watershed gaging station, regional flood flow frequency (a) Acquisition of flooding easements to insure open space uses in discharge shall be determined by more than one method in accordance flood plain areas. with the chart on page 17 of said Bulletin #17. (c) Where the discharge events of record can be separated into (b) Flood warning systems- those occurring due to rainfall and those due to melting snow, those (c) Building codes. events shall be analyzed separately and separate frequency curves developed. These curves shall then be combined to determine the (d) Subdivision regulations. critical flood flow frequency discharge. (e) Sanitary codes. (d) Outliers are defined in Bulletin #17. The technique described in (f) Zoning or purchase of the entire flood plain to permit only open Bulletin #17 eliminates low outliers. Computations which do not space uses. eliminate low outliers shall be made to determine flood flow frequency discharges. These computations shall be compared to those which 00 (4) UPGRADING ORDINANCES. Within 6 months from the time any of eliminate low outliers, and then shall be submitted to the department the information listed below is available, local units of government for its determination of reasonable flood flow frequency discharge. shall upgrade flood plain zoning ordinances, using the amendment (2) COMPREHENSIVE STUDIES - EXCEPTIONAL TECHNIQUES. Compre- procedure in section NR 116.21, to reflect current information such as hensive studies to determine regional flood flow discharges for sig- the following: nificant segments of a river or stream shall be computed using (a) Flood data. synthetic hydrographs, which are combined and routed through the Re&ter. July. 1977, No. 259 Ra&ter, July, 1977, No. 269 Environmental Protection Environmental Protection C-) LiEPARTMENT OF NATURAL RESOURCES 91 92 WISCONSIN ADMINISTRATIVE CODE basin to critical locations within the municipal limits, when any of the what percentage of watershed development they will allow and shall following conditions exist in the watershed: determinexegional flood flow discharges based upon that data. Where watersheds contain more than one local unit of government, agree- Co (a) The watershed is or has been rapidly urbanizing so that runoff ments between those local units of government may be necessary to PJ during storms is significantly increased relative to conditions existing restrict future watershed development. In order to insure that future (luring that peri(yd of available record. This method shall apply when flood flows do not exceed the regional flood flow discharges used in significant increases in urbanization occur. One example of significant regulations by those local units of government, future watershed urbanization is where more than 20% of the watershed has been development may be restricted to a certain percentage of the urbanized or where the urbanization of the watershed has exceeded a watershed. 10',';, growth rate in any 10-year period. (5) APPROvAL OF OTHER METHODS OF COMPUTATION. In special (b) Dams upstream of the study area affect the validity of gaging instances the department may use or authorize the use of other records on the river or stream. acceptable hydrologic methods for determining regional flood flow (c) Flood plain development upstream of the study area has discharges. significantly altered storage capacity of the river or stream so as to (6) The document referred to in Subsection (1) is available for affect the validity of gaging records. inspection at the U.S. Water Resources Council, 2120 L Street, (3) CASE-BY-CASE ANALYSIS. Where comprehensive studies do not Northwest, Suite 800, Washington, D.C. 20037; it may be purchased exist for a given river or stream, a case-by-case analysis is required for from the Superintendent of Documents, U.S. Government Printing regional flood flow discharge determinations. This case-by-case anal- Office, Washington, D.C. 20402 (mention title and stock number ysis on proposed developments in the flood plain areas shall be made 052-045-00031-2). The document referred to in Subsection (3) (b) I is using several acceptable techniques, which include at least one of the available for inspection at the Geological Survey - Water Resource following: Division, U.S. Department of the Interior, at the following four locations: 1815 University Avenue, Madison, Wisconsin 53706; 1 East (a) When adequate gaging data exists, the applicable technique Eau Claire Street, Rice Lake, Wisconsin 54868; 1029 1h East Main described in subsection (1) or subsection (2) shall be used. Street, Merrill, Wisconsin 54452; 500 Riverview Avenue, Waukesha, Wisconsin 53186. The documents referred to in Subsection (3) (b) 2 (b) When inadequate gaging data exists, acceptable hydrologic techniques shall be used,.which include at least one of the following: are available for inspection at the, Soil Conservation Service, U.S. Department of Agriculture, 4601 Harnmeraley Road, Madison, Wis- 1. The current USGS empirical equations, developed from regres- consin 53711; they may be purchased from the National Technical sion analysis of stream gaging data, using a positive upper confidence Information Service, U.S. Department of Commerce, 5285 Port Royal interval equal to one standard error of estimate. (See USGS Pub- Road, Springfield, Virginia 22151 (mention title and appropriate lication entitled "Estimating Magnitude and Frequency of Floods in accession number: NEH4 = PB244463/AS; TR55 = PB244531/AS) - Wisconsin", by Conger.) (7) Copies of the documents referred to in subsections (1). (3) (b) 1 2. Current USDA soil conservation service techniques, such as and (3) (b) 2 are also available for inspection in the following offices: found in Section 4, SCS National Engineering Handbook (NEH4), (a) The Department of Natural Resources, 4610 University Avenue, entitled "Hydrology", SCS, U.S.D.A.; Technical Release No. 55 (TR55), entitled "Urban Hydrology For Small Watersheds", En- Madison, Wisconsin; gineering Division, SCS, U.S.D.A., January, 1975. (b) The Office of the Secretary of State, Capitol, Madison, Wis- (c) Drainage area comparisons shall be used only in combination consin; with one of the above techniques. (c) The Office of the Revisor of Statutes, Capitol, Madison, Wis- (4) ADDITIONAL REQUIREMENTS - RAPIDLY URBANIZING WATERSHF131. In consin. watersheds where significant future development is projected, the History: Cr. Register, July, 1977, No. 259, eff. 8-1-77. county, city or village may require that computations for regional flood flow discharges shall reflect increased runoff from such an- NR 116.08 Water surface profile of the regional flood. After ticipated future development. These computations shall be made computation of the regional flood flow discharge, using the methods using one of the following techniques: contained in section NR 116.07, a water surface profile based upon that data shall be developed showing the elevations of the regional (a) A synthetic hydrograph based upon projected watershed de- flood along the streams and flood plains in the county, city or village. velopment shall be produced at various locations, and then combined The elevations on this profile shall be used to deyelop the flood plain and routed through the basin to critical locations within the study zoning maps. limits. History: Cr. Register, July, 1977, No. 259, eff. 8-1-77. (b) A mathematical model shall be developed to determine the effects of various projected developments in the watershed on the regional flood flow discharge. Local units of government may project Register, July, 1977, No. 259 Register, July, 1977, No. 259 Environmental Protectimi Environmental Protection 0 DEPARTMENT OF NATURAL RESOURCES 93 94 WISCONSIN ADMINISTRATIVE CODE NR 116.09 Data required to be shown on flood plain zoning maps. The flood plain zoning plain (that area covered during the regional flood). (1) WHERE ADEQUATE ENGINEERING DATA EXISTS. Where adequate engineering data exists the map shall show the following: (a) The floodway area (that area necessry to pass the regional flood); (b) The flood fringe area (that area outside the floodway but still covered by the regional flood); (c) The regional flood elevation, consistent with the water surface profile of the regional flood, should be clearly lettered at identifiable positions on the offical flood plain zoning maps. If for any reason that elevation is not shown on the maps, the profile shall be attached to and made part of said maps; and (d) Where technical information is available to ascertain the mag- nitude of floods larger than than the regional flood (such as the standard project flood), the flood plain limits of these large floods may be reflected on the official flood plain zoning maps for public infor- mation purposes. (2) WHERE ADEQUATE ENGINEERING DATA DOES NOT EXIST. Where adequate engineering data does not exist, maps based upon historical floods, prone area maps, flood hazrd boundray maps, aerial photos or detailed soils maps may initially serve as a basis for flood plain delineation, provided that: (a) The associated text of the zoning ordinance provides for a procedure similar to sections NR 116.20(2) and NR 116.21(3) to upon flood flows and the flood protection elevation; and (b) The local unit of government has initiated a program to ultimately obtain an engineer study for regional flood data in problem areas. History: Cr. Register, July, 1977, No. 259, off S-1-77. Register, July, 1977, No. 259 Register. July. 1977, No. 259 Environmental Protection Environmental Protection DEPARTMENT OF NATURAL RESOURCES 94-1 94-2 WISCONSIN ADMINISTRATIVE CODE NR 116.10 Conflicts between water surface profiles and flood plain zoning maps. Accepted engineering principles and other tech- niques shall govern the delineation of the flood plain limits on the official flood plain zoning maps. Where a conflict exists between the flood plain limits illustrated on the maps and the actual field con- ditions, the elevations from the water surface profile as related to actual field elevations shall be the governing factor in locating reg- ulatory flood plain limits. History. Cr. Register, July, 1977, No. 259. eff. 8-1-77 NR 116.11 Initial delineation of floodway lines. (1) GENERAL RULE-HYDRAULIC FLOODWAY LINES. As a general rule, the oficial floodway line shown on the flood plain zoning maps shall be th hydraulic floodway lines. These hydraulic floodway lines shall be determined by hydraulic and engineering studies based upon existing conditions unless the county, city or village elects to require that regional flood flow computations shall be based upon projected future development (see section NR 116.07(4)). Thes hydraulic floodway lines shall reflect the outer limits of effective flow in a river stream. (2) RIVERWARD MODIFICATION 0F HYDRAULIC FLOODWAY LINES TO DELINEATE OFFICIAL FLOODWAY LINES. (a) In some instances, the official floodwaylines may be delineate riverward from the hydraulic floodway lines, but only to accommodate existing development(not a single use), comprehensive community plans, or flood protection facilities such as levees. (b) The provisions herein shall a floodway lines. 1. Any increase equal to or greater than 0.1 foot (3 centimeters) in the height of the regional flood due to the delineation of the official floodway lines riverward from the hydraulic floodway lines must be approved by the department prior to becoming effective. The de- partment may approve the increase, provides: a. Appropriate legal arrangements have been made with allaffected local units of government and all property owners for any increased flood elevations on those properties. b. All such affected local units of government shall amend their water surface profiles, flood plain zoning maps, and zoning ordiances to reflect the increased flood elevations. 2. The effects of delineating the the official floodway lines riverward from the hydraulic oodway lines: a. Shall be calculated using an equal degree of hydraulic encroach- ment from the hydraulic floodway lines for hydraulic reach on both sides of a river or stream; and b. Shall be determined by hydraulic and engineering studies which are calculated to the nearest 0.1 foot (3 centimeters) (3) LANDWARD MODIFICATIONS 0F HYDRAULIC FLOODWAY LINES TO DELINATE OFFICIAL FLOODWAY LINES. In some instances the official floodway lines may be delineated landward from the hydraulic floodway lines to be consistent with other local codes, ordinances, and Register, July 1977, No. 259 Register, July, 1977 No. 259 Environmental Protection Environmental Protection 0 0 0 DEPARTMENT OF NATURAL RESOURCES 94-3 94-4 WISCONSIN ADMINISTRATIVE CODE the state law. In these cases, only the official floodway lines shall he (c) Any uses which are not in harmony with, or which may be shown on the flood plain zoning maps; the current hydraulic floodway detrimental to, the uses permitted in the adjoining districts. lines, which reflect the water surface profile used for regulation, shall (d) Any on-site sewage disposal system, whether public or private, be kept on rile by the county, city or village. except portable latrines that are removed during flooding, or systems History: Cr. Register, July, 1977, No. 259, off. 8-1-77. associated with public recreational areas that meet the applicable provisions of local zoning ordinances and Wis. Adm. Code section H NH 116.12 Amendments of official floodway lines. (1) INITIAL 62.20. DETERMINATIONS. Prior to amending official floodway lines, for whatever reason, a county, city or village shall: (e) Any wells, whether public or private, which are used to obtain (a) Assure that the provisions of section NR 116.11 (2) (b) are met; water for ultimate human consumption. (b) Require adequate technical data from the applicant and submit (f) Any solid waste disposal site, whether public or private. such data to the department for review and concurrence in the effect (2) PERmiTTED USES. Counties, cities and villages, using the ap- of the proposed amendment on the height of the regional flood; and propriate procedure described in section NR 116.21, may issue per- mits allowing the uses in floodway areas described below, but only if (c) Assure that the proposed amendments meet the purpose of the effects of such uses are consistent with all of the standards section NR 116.01. contained in subsection (1) above. (2) AMENDMENT PROCESS. Upon completion of the steps in (a) Open space uses having a relatively low flood damage potential, subsection (1) above, the county, city or village shall meet all ap- such as those uses associated with agriculture, recreation, parking, plicable legal requirements for amending its water surface profiles, atorage yards, or certain sand and gravel operations. flood plain zoning maps, and zoning ordinances. (b) Certain structures which are accessory to permitted open space (3) SUBMISSION TO THE DEPARTMENT FOR APPROVAL. If the county, uses or historical areas, if the structures meet all of the following city or village amends its official floodway lines, it shall also amend its criteria: ca water surface profiles, flood plain zoning maps and flood plain zoning 1 1. Are not designed for human habitation; W ordinances and submit these amendments to the department for approval pursuant to section NR 116.21 (6). 2. Have a low flood damage potential; History: Cr. Register, July, 1977, No. 259. off. 8-1-77. 3. Are to be constructed and placed on the building site so as to NR 116.13 Uses in floodway areas. (1) PROHIBITED USES. The offer minimum obstruction to the flow of flood waters. Whenever following uses are generally prohibited in floodway areas: Any fill, possible, structures will be constructed with the longitudinal axis deposit, obstruction, excavation, storage of materials, or structure parallel to the direction of flow of flood waters, and will be placed which, acting alone or in combination with existing or future similar with their longitudinal axes approximately on the same line as those works, will cause an increase equal to or greater than 0.1 foot (3 cm.) of adjoining structures; in the height of the regional flood or will affect the existing drainage 4. Are firmly anchored to prevent them from floating away and courses or facilities. Said increase shall be calculated using an equal restricting bridge openings or other restricted sections of the stream degree of hydraulic encroachment from the hydraulic floodway lines or river; and for a hydraulic reach on both sides of a river or stream. Increases equal to or greater than 0.1 foot (3 cm.) may be permitted, but only if 5. All service facilities, such as electrical and heating equipment, amendments are made to the official floodway lines, water surface must be at or above the flood protection elevation for the particular profile, flood plain zoning maps and flood plain zoning ordinances. All area. such amendments shall meet the provisions of sections NR 116.12 and NR 116.21(6). Notwithstanding any of the above language, the fol- (c) Campgrounds, provided all of the following criteria are met and lowing uses are always prohibited in floodway areas: approval is granted by the department: n (a) Any structures that are: 1. The character of the river system and the elevation of all portions 0 of the campground are such that 72 hours warning of an approaching 1. Designed for human habitation; or flood can be given to all persons using that campground; 2. Associated with high flood damage potential; or 2. An adequate flood warning system is in existence which will 00 provide for proper notice to all persons in the campground and make 1`14 3. Not associated with permanent open space uses. evacuation mandatory. Such a system shall involve an annual re- (b) Any storage of materials that are buoyant, flammable, newable written agreement between the weather bureau or corps of explosive, or injurious to human, animal, plant, fish or other aquatic engineers, and the county sheriff or city police which shall specify a life. flood elevation at which evacuation shall occur; liegister.July, 11177, No. 259 Register, July, 1977, No. 269 Fnvironmental Protection Environmental Protection DEPARTMENT OF NATURAL RESOURCES 94-5 94-6 WISCONSIN ADMINISTRATIVE CODE lines, water surface profiles, flood plain zoning maps and flood plain 3. The campground complies with all applicable local and state laws zoning ordinances in accordance with the provisions of sections NR and regulations, including those of the department of health and 116.12 and NR 116.21(6). social services; (d) Flood fringe developments may be permitted only when such co 4. The campground shall have signs at all entrances warning of the developments do not materially affect the storage capacity of the flood hazard involved; flood plains, based upon an equal degree of hydrologic encroachment 5. Only mobile recreational vehicles with self-contained holding (volume of storage area that is lost), particularly in flood plain areas tanks or easily removable tents are allowable. No other habitable upstream from urban areas. For the purposes of this subsection, structures or buildings are permitted; "materially" is defined as any increase in the discharge of the regional flood which causes a rise in the water surface profile of 0.1 foot (3 6. No roads are filled more than 0.5 foot (15 cm.) above the natural cm.). ground elevation; 7. On-site sewage disposal systems may be permitted provided they (2) RESIDENTIAL USES. (a) Any structure or building used for human habitation (seasonal or permanent), which is to be erected, meet theapplicable provisions of Wis. Adm. Code section H 62.20 constructed, reconstructed, altered, or moved into the flood fringe (this is an exception to section NR 116.13 (1) (d) ). area shall be placed on fill, with the finished surface of the first floor 8. Litter collection facilities shall be placed at or flood proofed to at or above the flood protection elevation. If any such structure or the flood protection elevation or be removed during flooding. building has a basement, it shall be flood proofed in accordance with section NR 116.16. Any community that is eligible for the federal (d) Uses permitted by the department pursuant to chapters 30 and flood insurance program must comply with the HUD standards which 31, Wis. Stats., provided that the necessary permits and amendments currently do not allow basements in flood plain areas. An exception to are granted by the county, city or village to the official floodway lines, that basement requirement may be granted by HUD, but only on a water surface piofiles, flood plain zoning maps and flood plain zoning community-by-community basis. ordinances. (e) Public utilities, streets and bridges provided that: (b) Fill elevation shall: 1. Be one foot above the regional flood profile elevation, which is 1. Adequate flood proofing measures are provided to the flood C) protection elevation; based upon the official floodway lines; 2. Extend at such elevation at least 15 feet beyond the limits of any 2. Construction shall not cause any increase equal to or greater than structure or building erected thereon; and 0.1 foot (3 cm.) in the height of the regional flood as reflected in the water surface profile based upon existing conditions, except that 3. Be contiguous to lands outside the flood plain where the depth reasonable increases shall be approved if the conditions of section NR and duration of flood waters are sufficient to cause rescue and relief 116.11(2) (b) are met; and problems. 3. The county, city or village amends its official floodway lines, (c) Where existing streets or sewer lines are at elevations which water surface profiles, flood plain zoning maps and flood plain zoning make compliance with these provisions impractical, the department ordinances to reflect any changes resulting from such construction in may authorize the use of other flood proofing measures or methods in accordance with the provisions of sections NR 116.12 and NR accordance with section NR 116.16. The structure or building shall be 116.21(6). flood proofed to the flood protection elevation. History: Cr. Register, July, 1977, No. 259, eff. 8-1-77. (3) AccEssoRy USES. An accessory structure (not connected to a NR 116.14 Usee in flood fringe areas (outside of the floodwmy). Incipal structure) shall meet the applicable provisions of section u (1) GENERAL. (a) Counties, cities and villages, using the appropriate G 116.13 (2) (b) 1., 2., 4. and 5. A lesser degree of protection, com- procedure described in section NR 116.21, may issue permits allowing patible with these criteria and the criteria in subsection (4) below, uses in flood fringe areas which are compatible with the criteria in may be permissible for any such accessory structure. this section. (4) COMMERCIAL usss. Any commercial structure or building which NAII flood fringe developments shall be compatible with local is to be erected, constructed, reconstructed, altered or moved into the comprehensive plans. In the absence of formal plans, development flood fringe area shall meet the requirements of subsections (2) (a) shal be compatible with the uses permitted in adjoining districts. and (b) above. Certain yards, parking lots and other accessory land uses may be at lower elevations. However, no such area in general use (c) Flood fringe developments may be permitted only when such by the public shall be inundated to a depth greater than 2 feet or developments do not cause any increase equal to or greater than 0.1 subjected to flood velocities greater than 4 feet per second upon the foot (3 cm.) in the height of the regional flood of any tributaries to the main stream, drainage ditches, or any other drainaTe facilities or occurrence of the regional flood. Depths greater than 2 feet may be systems. Increases greater than 0.1 foot (3 cm.) may permitted, permitted by the department provided an adequate warning system but only if amendments are made to the affected official floodway exists to protect life and property. Register, July, 1977, No. 259 Register, July, 1977, No. 259 Environmental Protection Environmental Protection 0 0 0 DEPARTMENT OF NATURAL RESOURCES 94-7 94-8 WISCONSIN ADMINISTRATIVE CODE (5) MANUFACTURING AND INDUSTRIAL USES. Any manufacturing or any alteration, addition, modification, rebuilding or replacement of industrial structure or building which is to be erected, constructed, any such existing structure or accessory use. Ordinary maintenance reconstructed, altered or moved into the flood fringe area shall be repairs are not considered structural repairs, modifications or ad- protected to the flood protection elevation utilizing fill, levees, ditions; such ordinary maintenance repairs include internal and floodwalls, adequate flood proofing measures or any combination external painting, decorating, paneling and the replacement of doors, thereof On streams or rivers having protracted flood durations, windows and other nonstructural components; and greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible (b) If a nonconforming use is discontinued for 12 consecutive with these criteria and the criteria in subsection (4) above, may be months, it is no longer permitted and any future use of the structure permissible for storage yards, parking lots and other auxiliary uses. or building shall conform with the appropriate provisions of the flood (6) STORAGE OF MATERIALS. Storage of any materials which are plain zoning ordinance for floodway and flood fringe areas. buoyant, flammable, or explosive, or which in times of flooding could (2) COUNTY, CITY AND VILLAGE RESPONSIBILITIES. (a) County, city be injurious to property, water quality, or human, animal, plant, fish and village flood plain zoning ordinances shall regulate nonconforming or aquatic life, shall be either flood proofed to or placed at or above uses in a manner consistent with this section and the applicable state the flood protection elevation. Adequate measures shall be taken to statutes. These regulations shall apply to the modification or addition assure that said materials will not enter the river or stream during of any structure or to the use of any structure or premises which was flooding. lawful before the passage of the flood plain zoning ordinance or any (7) PUBLIC UTILITIES, STREETS AND BRIDGES. (a) When failure or amendment thereto. interruption of public facilities would result in danger to the public (b) As requests are received for modifications or additions to health or safety or where such facilities are essential to the orderly nonconforming structures in the floodway, counties, cities and villages functioning of the area, adequate flood proofing measures shall be shall develop a list of those nonconforming structures, their assessed provided to the flood protection elevation; a lesser degree of value and a list of the cost of those activities associated with changes protection may be provided for minor or auxiliary roads or utilities to those structures enumerated in section NR 116.15 (3) (a). 03 when these conditions do not exist. (3) FLOODWAY AREAS. (a) No modifications or additions shall be (b) Public utilities, streets and bridges on the flood fringe should allowed to any existing structures which are not in compliance with be designed to be compatible with the local comprehensive flood plain permitted floodway standards or uses, unless such modifications or development plans. additions have been granted by permit, special exception (conditional (8) SEWAGE SYSTEMS. All on-siti sewage disposal systems shall meet use) or variance and meet all of the following criteria: the applicable provisions of the locid zoning ordinances and Wis. 1. The modifications or additions to a structure will not increase the Adm. Code section H 62.20 and chapter H 65. amount of obstruction to flood flows; (9) WELLS. All wells, whether public or private, shall be flood 2. Any addition to a structure shall be flood proofed, by means proofed to the flood protection elevation and shall meet the applicable other than the use of fill, to the flood protection elevation; provisions of Wis. Adm. Code chapters NR 111 and NR 112. 3. In areas regulated by counties, no structural repairs, mod- (10) SOLID WASTE DISPOSAL SITES. All solid waste disposal sites, ifications or additions to a structure, which exceed over the life of the whether public or private, are prohibited in flood fringe areas. structure 50% of its present equalized assessed value shall be allowed unless the entire structure is flood proofed, by means other than the (11) DEPOSITION OF MATERIALS. Any deposition of materials for any use of fill, to the flood protection elevation. In areas regulated by purpose may be permitted only if the provisions of this section are cities and villages, no structural repairs, modifications or additions to met. a structure, which exceed over the life of the structure 50% of its History: Cr. Register, July, 1977, No. 269, eff. 8-1-77. present equalized assessed value, shall be allowed unless the entire NR 116.15 Nonconforming uses. (1) GENERAL. Insofar as the structure is permanently changed to a conforming use; and standards in this section are not inconsistent with the provisions of 4. If any nonconforming structure is destroyed or is so badly sections 59-97 (10) and 62.23 (7) (h), Wis. Stats., they shall apply to all damaged that it cannot be practically restored, it cannot be replaced, 0 nonconforming uses. The existing lawful use of a structure or building reconstructed, or rebuilt unless the provisions of sections NR 116.13 or its accessory use which is not in conformity with the provisions of a and NR 116.14 are met. For the purposes of this subsection, flood plain zoning ordinance may be continued subject to the fol- restoration is deemed impractical where the total cost of such 00 lowing conditions: restoration would exceed 50% of the present equalized assessed value r1a of said structure. Where such damage occurs in areas regulated by (a) No modifications or additions to a nonconforming use shall be counties, the entire structure shall be flood proofed to the flood permitted unless they are made in conformity with the provisions of protection elevation, by means other than fill. this section. For the purposes of this section, the words 44modification" and "addition" shall include, but not be limited to, (b) No new on-site sewage disposal system, or additions to existing Register. July, 1977, No. 259 on-site sewage disposal systems, shall be allowed in a floodway area. Environmental Protection Register, July, 1977, No. 259 Fnvironmental Protection DEPARTMENT OP NATURAL RESOURCES 94-9 94-10 WISCONSIN ADMINISTRATIVE CODE Any replacement, repair or maintenance of an on-site sewage disposal (b) Installation of water-tight doors, bulkheads and shutters. swatem in a floodway area shall meet the applicable provisions of the (c) Reinforcement of walls and floors to resist water pressures. ood plain zoning ordinance and Wis. Adm. Code section H 62.20. 00- (d) Use of paints, membranes or mortars to reduce seepage of water .(c) No n w well or m'odificatioris to an existing well, used to obtain through walls. water for ultimate human consumption shall be allowed in a floodway area. Any replacement, repair or maintenance of a well in a floodway (e) Addition of mass or weight to structures to prevent notation. area shall meet the applicable provisions of the flood plain zoning ordinance and Wis. Adm. Code chapters NR 111 and NR 112. (f) Installation of pumps to lower water levels in structures. (4) FLOOD FRINGE AREAS. (a) No modifications or additions to any (g) Construction of wells, water supply and waste treatment Sys- existing structure or building in the flood fringe area shall be per- tems so as to prevent the entrance of flood waters into such systems. mitted unless such modifications and additions comply with the (h) Subsurface drainage systems, including pumping facilities, to applicable regulations for that particular use in flood fringe areas as relieve external foundation wall and basement flood pressures. contained in the local ordinances. (b) Where compliance with the provisions of paragraph (a) above (i) Cutoff valves on sewer lines or the elimination of gravity flow would result in unnecessary hardship, and only where the structure basement drains. will not be either used for human habitation or be associated with a (j) Placement of essential utilities above flood protection high flood damage potential, the county, city or village may grant a elevations. variance from those provisions, using the criteria listed below. Mod- ifications or additions to structures or buildings which are protected History: Cr. Register, July, 1977, No. 259, eM 8-1-77. to elevations lower than the flood protection elevation may be per- NR 116.17 Flood control works or protective works. (1) LEVEES mitted if. OR FLOODWALLS. (a) No increase equal to or reater than 0. 1 foot (3 cm.) 1. Human lives are not endangered; in the height of the regional flood caused fy construction of levees or floodwalls shall be allowed unless the increase is wholly contained Do 2. Public facilities, such as water or sewer, are not to be installed; within the upstream extent of such levee or flood wall, or unless amendments are made to the official floodway lines, water surface 3. Flood depths will not exceed 4 feet; profiles, flood plain zoning maps and flood plain zoning ordinances in 4. Flood velocities will not exceed 2 feet per second; and accordance with the provisions of sections NR - 116.12 and NR 5. The structure will not be used for storage of materials described 116.21(6). in section NR 116.14 (6). (b) The minimum height and design of any levee or floodwall shall be calculated using whichever of the following provides the greater (c) Any new, addition to, replacement, repair or maintenance of an protection from floods: on-site sewage disposal system in a flood fringe area shall meet all the applicable provisions of the flood plain zoning ordinances and Wis. 1. The flood profile of the regional flood, with that regional flood Adm. Code section 1162.20 and chapter H 65. confined between the proposed levees or floodwalls, plus 3 feet of (d) Any new, addition to, replacement, repair or maintenance of a freeboard; or well in a flood fringe area shall meet the applicable provisions of the 2. The standard project flood and/or the 500-year flood confined flood plain zoning ordinance and Wis. Adm. Code chapters NR 111 between the proposed levees or floodwalls. and NR 112. (c) Exceptions to the standards prescribed in paragraph (b) above History: Cr. Register, July, 1977, No. 259, eff. 8-1-77. may be granted by the department on a case-by-case basis for levees NR 116.16 Flood proofing. (1) GENERAL. When flood proofing and floodwalls not used to protect human life. measures are required by either local ordinances of chapter NR 116, (d) All flood plain develo ments landward of any levee or floodwall such measures shall be designed to withstand the flood velocities, shall provide for interior Tainage using designated ponding areas, 6@ths, forces, flotation and other factors associated with the regional pumps or other similar means. flood, to assure protection to the flood protection elevation. A plan or document, certified by a registered professional engineer or architect (e) The criteria in section NR 116.14 shall apply to flood fringe that the flood proofing measures are adequately designed, shall be development until such time as the levees and floodwalls are submitted to the local unit of government prior to its authorization to constructed and operative. If such levees or floodwalls become proceed. inadequate or inoperative, the zoning regulations shall be amended to reflect the preconstruction conditions. (2) FLOOD PROOFING MEASURES. Flood proofing measures shall in- clude, but are not limited to, the following: (2) AGRICULTURAL LEVEES. (a) Counties, cities and villages may permit agricultural levees which meet all applicable provisions of this (a) Anchorage of structures to foundations. subsection. For purposes of this section, an agricultural levee is one Regiater, July, 1977, No. 259 Register, July, 1977, No. 259 Environmental Protection Environmental Protection 0 0 0 0 0 DEPARTMENT OF NATURAL RESOURCES 94-11 94-12 WISCONSIN ADMINISTRATIVE CODE constructed to protect agricultuFal lands from lower floods (10-year (a) Advise applicants of the provisions of the flood plain zoning frequency or more often). ordinance and provide assistance in preparing permit applications and (b) Agricultural levees Shall he designed and constructed so that appeals; the levees will overtop upon the occurrence of the 10-year frequency (b) Issue permits and inspect properties for compliance with the flood. flood plain zoning ordinance; (c) Increases in flood heights in the area upstream from ag- (c) Keep the official records of all water surface profiles, flood plain zoning maps, flood plain zoning ordinances, nonconforming uses and ricultural levees shall not exceed 0.6 foot (15 cm.) for the 10-year changes thereto, permit applications, permits, appeals, variances and frequency flood, based upon an assumption of equal degree of amendments related to the flood plain zoning ordinance; hydraulic encroachment on both aides of a river or stream for a hydraulic reach. No increase is allowed unless the written consent of (d) Submit copies of any required data, special exception permits, the affected property owners in obtained prior to construction. variances, amendments, case-by-case analyses, annual reports, and any other required information to the department. An annual (d) Agricultural levees shall he designed and constructed to be summary showing only the number and types of zoning actions taken overtopped and to cause no increase during the occurrence of the by the county, city or village shall be submitted to the department by regional flood. the zoning administrator; and (e) The zoning administrator shall notify the department of the (e) Investigate, prepare reports and report violations of the flood construction of any agricultural levees. plain zoning ordinance to the appropriate county, city or village committee and to the municipal attorney, corporation counsel or (3) RESERVOIRS AND CHANNEL IMPROVEMENTS. No anticipated district attorney, with copies to the appropriate department district changes in the flood protection elevations or flood plain and floodway office. limits, based upon proposed reservoir or channel improvements, shall be effective until the reservoir or channel improvements are (3) ZONING AGENCY. A zoning agency or committee shall be ap- constructed and operative. If such improvements become inoperative pointed and given the duties and powers to: I or ineffective, the zoning regulations shall be amended to reflect the (a) Oversee the functions of the office of the zoning administrator; preconstruction conditions. Hiator3r. Cr. Register, July, 1977, No. 259. off. 8-1-77. (b) Review and act upon all proposed amendments to the flood NR 116.18 Procedures for clanging flood plain and floodway plain zoning ordinance; limits. Counties, cities or villages shall not change the limits of the (c) In some cases, a zoning committee may act in place of the board flood plain or the floodway without first amending the applicable of adjustment/ appeals, if so designated by the municipality, to hear portions of the water surface profiles, flood plain zoning maps and and decide special exception permits (conditional uses). However, a flood plain zoning ordinances and securing department approval to zoning committee cannot act upon requests for a variance; and such amendments. The flood fringe designation on flood plain maps (d) Maintain a complete public record of all its proceedings. shall not be removed from any area unless it can be shown that the area has been filled to the flood protection elevation and is contiguous (4) BOARD OF ADJUSTMENT/APPEALS. A board of adjustment (in to other lands lying outside the flood plain. counties) or board of appeals (in cities and villages) shall be ap- pointed and given the duties and powers in accordance with sections History: Cr. Register. July, 1977. No. 259. eff. 8-1-77. 59.99 and 62.23 (7), Wis. Stats., to: NR 116.19 Appointment and duties of zoning administrator, (a) Hear and decide appeals where there is an alleged error in any zoning agency and board of adjustment/appeals. (1) APPOINTMENT interpretation, order, requirement, decision, or determination made POWERS. Counties, cities and villages shall provide in their flood plain by the zoning administrator in the enforcement or administration of zoning ordinances for the appointment of appropriate boards and the flood plain zoning ordinance; C-) staff, and the development of necessary policies and procedures, to (b) Hear and decide all requested special exceptions (conditional 0 administer the flood plain zoning ordinance in accordance with this uses) to the terms of the flood plain zoning ordinance, using the section. Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a criteria found in section NR 116.21 (3); zoning ordinance adopted under sections 59.97, 59.971 or 62.23 (7), (c) Hear and decide all requested variances to the terms of the Co Wis. Stats., these officials shall also administer the flood plain zoning flood plain zoning ordinance; ordinance. (2) ZONING ADMINISTRATOR. A zoning administrator and such ad- (d) Maintain a complete public record of all its proceedings; and ditional staff as needed shall be appointed and given the duties and (e) Make all of its decisions within a reasonable time and in the powers to: form of a written statement, resolution or order signed by the sec- Register, July, 1977, No. 259 Register, July, 1977, No. 259 Environmental Protection Environmental Protection DEPARTMENT OF NATURAL RESOURCES 94-13 94-14 WISCONSIN ADMINISTRATIVE CODE retar . The zoning administrators shall not be the secretary of the survey data, may be required by the department when needed to N b= of adjustment/appeals. determine the effects of the proposal; this information shall then be Hialor3r Cr. Register, July, 1977. No. 259, off. 8-1-77. obtained from the applicant by the county, city or village. 00 r1a NR 116.ZO County, city and village responsibilities. (1) JURIS- The department shall advise the county, city or village of its DicrioN. The flood. plain.zoning o!dinance shall require authorization findings within 30 days after receiving the data, or within 30 days (permits, special exceptions, variances and amendments) from the after receiving all requested additional information. Failure of the appropriate county, city or village for any of the following activities in flood plain areas: department to respond within 30 days may be construed to mean it has no comment. (a) Any new use or change in use of land or water. (c) Public hearings shall be held by counties, cities or villages on all (b) Any new use or change in use of a structure or building. special exceptions (conditional uses), variances, appeals and amend- ments. Proper notice shall be given of such public hearings in ac- (c) The above activities include, but are not limited to, the fol- cordance with appropriate statutes; mailed notice of such public lowing: ' hearings and a copy of the application shall be given to the de- L Any structure or building or accessory use which is to be erected, partment. Such notice shall specify the time and place of the hearing constructed, reconstructed, altered or moved into the flood plain area; and give sufficient details concerning the subject matter of the public hearing. 2. Any alteration, addition, modification, rebuilding or replacement (d) A copy of all decisions granting or denying a special exception of any existing structure or building or accessory use; (conditional use), variance or amendment to the flood plain zoning 3. Any deposition of materials for any purpose; and ordinance shall be mailed within 10 days to the department. 4. Any sanitary waste disposal or water supply facilities, both public (3) CERTIFICATE OF COMPLIANCE. No vacant land in the flood plain, and private. and no building hereafter erected, altered or moved into the flood C" (2) ADMINISTRATIVE PROCEDURES. The flood plain zoning ordinance plain, shall be occupied or used until the applicant obtains a cer- I- shall establish administrative procedures for obtaining all required tificate of compliance from the county,*city or village. Counties, cities permits, special exceptions (conditional uses), variances, appeals and and villages may require that said certificate shall be issued only after amendments. These procedures shall provide for the following: the applicant has submitted to the local zoning administrator or building inspector a certification by a registered professional engineer (a) An application shall be made to the zoning administrator for all or registered land surveyor that the following items were accom- zonin permits, special exceptions (conditional uses), variances and plished in compliance with the flood plain zoning ordinance: am,%ments. The application shall include, but not be limited to, the information listed below. (a) The elevation of fill; 1. The name and address of the applicant and property owner (s); (b) The elevation of the first floor; and 2. The legal description of the property and the type of proposed (c) Any other technical information required by the county, city or use; village. 3. A map plan which accurately locates or describes the proposal (4) ENFORCEMENT AND PENALTIES. Each flood plain zoning ordinance with respect to the floodway and flood plain, and which provides all ertinent information such as the fill dimensions and elevations, shall include a separate section establishing appropriate penalties for Euilding floor elevations, and flood proofing data; and violations of various provisions of the ordinance. An appropriate penalty, as reflected in section 87.30(2), Wis. Stats., may include an 4. For all subdivision proposals, and all other proposals if the area injunction, abatement, removal and/or fine or forfeiture. Any vi- affected exceeds 5 acres or the estimated cost of the proposal exceeds olation of the provisions of the flood plain zoning ordinance shall be $75,000, the applicant shall provide all computations which are re- investigated and reported to the appropriate municipal attorney, quired to show the effect of the. proposal on flood heights, velocities corporation counsel or district attorney who shall expeditiously and flood plain storage.*The county, city or village may transmit this prosecute the violator. data to the department for review. (5) PUBLIC INFORMATION. (a) Where useful, marks on bridges or (b) In those instances where inadequate data exists and the con- @uildings or other markers may be set to show the depth of ditions in subsection (2) (04. above are not present, the county, city inundation during the regional flood at appropriate locations within or village may transmit the above information to the department for a determination of flood protection elevations and for an evaluation of the flood plain. the effects of the proposal upon flood heights, velocities and flood (b) Ali available information in the form of maps, engineering data plain storage. Additional information, such as valley cross sections or and regulations should be readily available and widely distributed. Register, July, 1977, No. 259 Environmental Protection Register, July, 1977. No. 259 Environmental Protection 0 0 0 DEPARTMENT OF NATURAL RESOURCES 94-15 94-16 WISCONSIN ADMINISTRATIVE CODE (c) All legal descriptions of property in the flood plain should (e) Shall not be granted for actions which require an amendment to include information relative to the zoning classification when such the flood plain zoning ordinance as described in subsection (6) below. property is transferred. (1) Shall not have the effect of granting or increasing a use of Ulbtowlr. Cr. Registir, July, 1977, No. 250. off. 8-1-77. property which is prohibited in that zoning district by the flood plain zoning ordinance. NR 116.21 Permits, apecinD auceptions (conditional uses), vanilances, appeals and amendmsata. (1) GENERAL. The flood plain W Shall not be granted solely on the basis of economic gain or loss. zoning ordinance shall list the specific types of uses which may be authorized by permit, special exception (conditional use), variance or (h) Shall not be granted for a self-created hardship. amendment, indicating the particular authorization required for each (5) APPEALS. Appeals to the board of adjustment/appeals may be type of use. These authorizations ahall not be contrary to the pro- taken by any party aggrieved by any decision of the zoning ad- visions of this chapter or other state law, or to applicable municipal ministrator. Requests for special exception (conditional use) permits ordinances. may be considered as appeals. Such appeals shall specify the grounds (2) PaRAurs. Counties, cities and villages shall issue permits for thereof and be filed within a reasonable period of time with the uses in flood plain areas which are in compliance with the applicable zoning administrator. The flood plain zoning ordinance shall set forth provisions for permitted uses in their flood plain zoning ordinances. the time limitations for riling appeals. The zoning administrator shall Them permits shall be issued by the zoning administrator. forthwith transmit to the board of adjustmenit/appeals all records of (3) SPECIAL EXCEPTIONS (coN=wAL uns). Any use requiring a the matter concerning the appeal. After public hearing, the board's special exception (conditional use) permit may be allowed only upon decision shall either affirm, reverse, vary or modify in whole or in part application to the zoning adminitrator, public hearing and issuance the order, requirement, decision, or determination appealed from. All of a special exception (conditional use) permit by the board of appeal decisions must conform to the applicable provisions of the adjustment/appeals or, where appropriate, the zoning committee. flood plain zoning ordinance. The board's decision may be appealed to When determining whether to grant or deny a special exception the courts in accordance with applicable state law. (conditional use) permit, the bowd of adjustment/appeals shall as- (6) AMENDMENTS. (a) Official amendments are required for any 0 sure compliance of the proposal with: changes in the official floodway lines, water surface profiles, flood Ln (a) The provisions of the flood plain zoning ordinance; plain zoning maps or flood plain zoning ordinance. Actions which require an amendment by the county, city or village include, but are (b) The purpose and objective of flood plain management, as not limited to, the following: enumerated in section NR 116.01; and 1. Any change in the official floodway lines or in the boundary of (c) Local comprehensive plans and other land use controls. the flood plain area; (4) VARIANCE& Any prohibited deviation from the standards of the 2. Settlement of conflicts between the water surface profiles and flood plain zoning ordinance, for which a permit has been denied by flood plain zoning maps, in accordance with section NR 116.10; the zoning administrator, may be allowed only upon written request for a variance submitted to the zoning administrator, public hearing, 3. Any fill or encroachment into the floodway which will result in and issuance of a variance by the board of adjustment/appeals. The raising the elevation of an area in the floodway to a height at or above board may authorize in specific cases such variance from the terms of the elevation of the regional flood; the ordinance as will not be contrary to the public interest where, owing to special conditions and the adoption of the flood plain zoning 4. Any fill or encroachment that will cause a change in the water ordinance, a literal enforcement of the provisions of the ordinance will surface profiles of the regional flood; and result in unnecessary hardship. A variance: 5. Any upgrading of flood plain zoning ordinances in accordance (a) Shall be consistent with the spirit of the flood plain zoning with section NR 116.05. ordinance. (b) Amendments may be made upon petition of any interested C-) (b) Shall not permit a lower degree of flood protection in the party in accordance with the appropriate provisions of sections ? floodway area than the flood protection elevation. 59.97 (3) and (4) and 62.23 (7) (d), Wis. Slats. (c) Shall not be granted for a use that is common to a group of (c) All proposed amendments shall be referred to the appropriate 00 adjacent lots or premises. (In such a case, the zoning ordinance would county, city or village zoning agency for a public hearing and rec- have to be amended through proper procedures.) ommendation to the governing body which shall approve or (d) Shall not be granted unless it is shown that the variance will disapprove the proposed amendment. not be contrary to the public interest or damaging to the rights of (d) Amendments of official floodway lines shall meet the provisions other persons or property values in the area. ofsection NR 116.12. Register, July. 1977, No. 259 Register, July, 1977, No. 259 Environmental Protection Environmental Protection DEPARTMENT OF NATURAL RESOURCES 94-17 94-18 WISCONSIN ADMINISTRATIVE CODE C-) (e) No amendments to official floodway lines, water surface pro- (d) The floodway and flood plain lines shown on the flood plain files, flood plain zoning maps or flood plain zoning ordinances shall zoning maps are accurate. become effective until they have been approved by the department. (3) MONITORING. The department shall monitor the administration 00 History: Cr. Register, July, 1977, No. 259, off. 8- 1 -77. and enforcement of flood plain zoning ordinances in counties, cities NR 116.22 Department duties. (1) ASSISTANCE TO COUNTIES, CITIES and villages. In so doing, the department may: AND VILLAGES. The department shall provide assistance to counties, (a) Establish and upgrade standards for the review and evaluation cities and villages in the development, adoption and administration of of the administration and enforcement of flood plain zoning or- their official floodway lines, water surface profiles, flood Elain zoning dinances. maps and flood plain zoning ordinances. Such assistance s all include, but not be limited to, the activities described below. (b) Review and approve or deny proposed amendments to water surface profiles, flood plain zoning maps and flood plain zoning (a) The department shall establish and upgrade standards for local ordinances. flood plain zoning ordinances. (c) Review flood plain zoning permits, and allspecial exceptions (b) When requested by a county, city or village, the department (conditional uses), variances and amendments to flood plain zoning shall evaluate flood hazards and the effects of proposals in flood plain ordinances, to ensure in each instance compliance with tile applicable areas upon water surface profiles, floodway limits and flood velocities flood plain zoning ordinances and this chapter. as provided in section NR 116.20(2). Requests for such evaluations must come from a county, city or village, not from individual property (d) Review state and federal projects to assure that public works owners or applicants. proposals in flood plain are compatible with local flood plain zoning (c) The department shall work with federal agencies to provide ordinances and the provisions of this chapter. technical guidance and computer facilities for certain hydrologic, (4) ENFoRcEmENT. The department shall assist counties, cities and hydraulic and engineering studies. Generally, the necessary topog- villages in achieving a consistent statewide approach to flood plain raphic and other base maps and field surveys will be the responsibility enforcement. This assistance may include, but is not limited to, the ED of the county, city or village. measures listed below. a (d) The department shall establish Friorities for engineering stud- (a) The department may requesi that corrective action be taken by I C4 ies to be done in counties, cities and vil ages by federal agencies. the county, city or village where construction is occurring in a flood plain area which is either contrary to an existing flood plain zoning (e) The department shall respond to the requests from counties, ordinance or which would be contrary to an approved flood plain cities and villages to provide them assistance in enforcement actions zoning ordinance. Such corrective action may include, where ap- against violations of their flood plain zoning ordinances. propriate, the following: M The department shall respond to requests from counties, cities 1. Active prosecution of violations of the flood plain zoning or- and villages for assistance in developing hydraulic and official floodway lines. dinance; 2. An injunction to stop construction until an adequate flood plain (g) The department ahall review all regional flood flow deter- zoning ordinance can be adopted and approved by the department; minations. No such determination shall be used until department and approval has been secured. 3. Adoption of an adequate flood plain zoning ordinance and (2) Romw AND APPROVAL OF PLOOR) PLAIN ZONING ORDINANCES. The submittal to the department for approval. department shall issue a certificate of approval to a county, city or village upon a finding that the adopted flood plain zoning ordinance (b) The department may seek an injunction to stop construction in meets the provisions of this chapter. The department review of flood the flood plain area until an adequate flood plain zoning ordinance is plain zoning ordinances may include, but is not limited to, de- adopted and approved, when the construction would violate such an terminations that: approved flood plain zoning ordinance. (a) The most accurate maps were utilized in delineating the flood (c) The department may seek adoption of an adequate flood plain plains; zoning ordinance in accordance with the provisions of section (b) All flood plain zoning ma a and flood plain zoning ordinances 87.300), Wis. Stats. are coniratible with all other agoreland regulations, existing zoning (d) The department may seek an injunction, abatement, removal and use plans; and/or fine for any violation of a flood plain zoning ordinance in (c) All water surface profiles, d lain zoning maps and flood accordance with section 87.30 (2), Wis. Stats. fX' p 'it plain zoning ordinances are comp ble h those of the adjoining History: Cr. Register, July, 1977, No. 269. eff. 8-1-77. communities on the Same streams or rivers; and Register, July. 1977. No. 259 Register, July. 1977, No. 259 Environmental Protection Environmental Protection The following is the Model Floodplain Zoning Ordinance prepared by the DNR. The ordinance is designed to meet the requirements of section 87.30, Wisconsin Statutes. It can be used by counties, cities and villages to adopt flood protection provisions. B-1 7 Co. 2/82 FLOODPLAIN ZONING ORDINANCE TABLE OF CONTENTS Page 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE AND TITLE.................... 1 1.1 Statutory Authorization.............................................................. 1 1.2 Finding of Fact...................................................................... 1 1.3 Statement of Purpose................................................................. 1 1.4 Title................................................................................ 1 2.0 GENERAL PROVISIONS......................................................................... 2 2.1 Areas to be Regulated................................................................. 2 2.2 District Boundaries................................................................... 2 2.3 Compliance............................................................................ 4 2.4 Greater Restrictions.................................................................. 4 2.5 Abrogation............................................................................ 4 2.6 Interpretation........................................................................ 4 2.7 Warning and Disclaimer of Liability................................................... 4 2.8 Severabillity......................................................................... 5 2.9 General Standards Applicable to All Floodplain Districts.............................. 5 3.0 FLOODWAY DISTRICT (FW)...................................................................... 8 3.1 Applicability......................................................................... 8 3.2 Permitted Uses........................................................................ 8 3.3 Standards for Development in Floodway Areas........................................... 9 4.0 FLOOD FRINGE DISTRICT (FF).................................................................. 11 4.1 Applicability......................................................................... 11 4.2 Permitted Uses........................................................................ 11 4.3 Standards for Development in Flood Fringe Areas....................................... 11 5.0 GENERAL FLOODPLAIN DISTRICT (GFP)........................................................... 14 5.1 Applicability......................................................................... 14 5.2 Permitted Uses........................................................................ 14 5.3 Standards for Development in the General Floodplain District.......................... 15 6.0 NONCONFORMING USES.......................................................................... 15 6.1 General............................................................................... 15 6.2 Floodway Areas........................................................................ 17 6.3 Flood Fringe Areas.................................................................... 18 7.0 ADMINISTRATION.............................................................................. 19 7.1 Zoning Administrator.................................................................. 19 7.2 Zoning Agency......................................................................... 22 7.3 Board of Adjustment/Appeals........................................................... 22 7.4 Procedures for Determining Floodway and Flood Fringe Limits........................... 25 7.5 Flood Proofing........................................................................ 26 8.0 AMENDMENTS.................................................................................. 28 8.1 General............................................................................... 28 8.2 Amendment Procedures.................................................................. 28 9.0 ENFORCEMENT AND PENALTIES.................................................................. 29 10.0 DEFINITIONS................................................................................ 29 Rev. 3/26/82 FLOODPLAIN ZONING ORDINANCE For (City, County, Village) of o WISCONSIN SECTION 1.0 STATUTORY AUTHORIZATION, FINDING OF FACTo STATEMENT OF PURPOSE AND TITLE 1.1 STATUTORY AUTHORIZATION: This zoning ordinance Is adopted pursuant to the statutory authorization contained In Sections 61-35, 62-23, 59-97 or 59.971 and Section 87.30 of the Wisconsin Statutes. Note: This section of the ordinance spells out the statutory authority for a municipality to adopt the ordinance. The floodplain zoning ordinance Is designed to meet the requirements of Section 87.30, Wisconsin Statutes. Cities and villages are authorized by Sections 62.23 and 61.35, Wisconsin Statutes, respectively. to adopt local zoning ordinances. county zoning Is authorized under Sections 59.97 and 59.971, Wisconsin Statutes. 1.2 FINDING OF FACT: Uncontrolled development and use of the floodplains, rivers or streams of the (city, county or village) of would adversely affect the public health, safety, convenience, general welfare, and Impair its tax base. 1.3 STATEMENT OF PURPOSE: The purpose of these rules Is to provide a uniform basis for the preparation, implementation and administration of sound floodplaln regulations for ail floodplains within (the Incorporated area of the village/city) (unincorporated areas of the county) to: 1.31 Protect life, health and property; 1.32 Minimize expenditures of public monies for costly flood control projects; 1.33 Minimize rescue and relief efforts, generally undertaken at the expense of the tax paying public; 1.34 Minimize business Interruptions which usually result In the loss of local Incomes; 1.35 Minimize damage to public facilities on the floodplains such as water mains, sewer lines, streets and bridges; 1.36 Minimize the occurrence of future flood blight areas on floodplains; and 1.37 Discourage the victimization of unwary land and home buyers. Note: Section 1.3 states that the purpose and Intent of these regulations Is to reduce flood losses and describes in a very general manner the method by which the ordinance attempts to reduce those flood losses. The Important thing to remember here is that the regulations and standards contained within the ordinance are not geared toward prohibiting all development but are Intended to guide development so that It Is protected from the effects of flooding. 1.4 TITLE: Floodplain Zoning ordinance for the (City, County, Village) of Wisconsin. F 'ea ThI dpt the c Sect ion a7. 61;h35, WIsc u or 1, aed Rev. 3/26/82 -2- SECTION 2-0 GENERAL PROVISIONS 2.1 AREAS TO BE REGULATED: Areas regulated by this ordinance shall Include all areas, within the (incorporated)(unincorporated) limits of the (city, county, village) of Wisconsin, that would be covered by the "regional flood" as defined In Section 10.106). 2-2 DISTRICT BOUNDARIES: The boundary of the floodplaln districts and where shown, the floodway and flood fringe districts, shall be those areas designated as floodplains on This map dated Is the official floodplain zoning map for the community and has been approved by the Department of Natural Resources and the Federal Emergency Management Agency (FEMA), and Is on file In the office of the (city, county, village) Clerk. If more than one map Is referenced the most restrictive shall apply. *NOTE, BEFORE ADOPTING THIS ORDINANCE CONTACT YOUR LOCAL DNR DISTRICT OR AREA OFFICE FOR CONCURRENCE ON THE MAP YOU INTEND TO ADOPT. Within Section 2.2, above, the most current and accurate floodplain map or engineering data available should be described. This may be a Flood Hazard Boundary Map, Flood Insurance Study Map, Flood Insurance Rate Map, Floodplain information Report, Army Corps of Engineers Study Map, or other similar sources of floodplain mapping available In your community. (This note is for explanation only and should not be Included within the official text of the ordinance.) Note: Sections 2.1 and 2.2 describe the areas to be regulated by the ordinance and defines the official floodplain zoning map(s) for the municipality. Section 2.2 should reflect the most current floodplain data available for the municipality. in municipalities where there has been no Flood Insurance Study conducted, the best available mapping Information usually Is the Flood Hazard Boundary Map (FHBM). The FHBM does not distinguish the floodway or flood fringe districts nor does It provide floodplain elevations. In municipalities where there has been a Flood Insurance Study or other detailed floodplain study conducted, elevations can be cross referenced on regional flood profiles contained within the study reports. The municipality will then have access to data that will assist them in determining what the flood elevations are for different areas within the floodplain. 2-21 ESTABLISHMENT OF DISTRICTS: The regional floodplain areas within the jurisdiction of this ordinance are hereby divided Into three districts defined as follows: (a) The Floodway District (FW) consists of the channel of a river or stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the regional flood waters. (b) The Flood Fringe District (FF) consists of that portion of the floodiplain between the regional flood limits and the floodway. (c) The General Floodplain District (GFP) consists of all areas which have been or may be hereafter covered by flood water during the regional flood. it Includes both the floodway and flood fringe districts. Rev. 3/26/82 -3- @-rwmlc M_ ar-gry-T"Mamy-mann floodplain zoning map(s) described In Section 2.2. In areas where no engineering data Is compiled, floodway and flood fringe limits must be determined to decide If the use can be permitted and what effect the development will have on flood heights and velocities. In areas that have had such data completed, the floodway and flood fringe will be delineated. 2-22 LOCATING FLOODPLAIN BOUNDARIES: Where an apparent discrepancy exists between the location of the outermost boundary of the flood fringe district or general floodplain district shown on the official floodplain zoning map and actual field conditions, the location of the district boundary line shall be Initially determined by the zoning administrator using the criteria set forth in paragraphs (a) or (b). Where the zoning administrator finds that there Is a significant difference between the district boundary shown on the map and the actual field conditions, the map shall be amended using the procedures established In Section 8.0. Disputes between the zoning administrator and an applicant on the location of the district boundary line shall be settled according to Section 7.33. (a) Where flood profiles exist, the location of the district boundary line shall be determined by the zoning administrator using both the scale appearing on the map and the elevations shown on the water surface profile of the regional flood. Where a discrepancy exists between the boundary line location shown on the map and the location indicated by the regional flood elevdtlons and actual field conditions, the regional flood elevations shall govern. A map amendment Is required where there is a significant discrepancy between the boundary line shown on the map and the location Indicated by the regional flood elevations. The zoning administrator shall have the authority to Immediately grant or deny a land use permit on the basis of a district boundary derived from the elevations shown on the water surface prof I le of the regional flood, whether or not a map amendment Is required. The zoning administrator shall be responsible for initiating any map amendments required under this section within a reasonable period of timee (b) Where flood profiles do not exist, the location of the district boundary line shall be determined by the zoning administrator using the scale appearing on the map, visual on-site Inspection and any available Information provided by the Department. Where there Is a significant difference between the district boundary line shown on the map and actual field conditions, the map shall be amended. Where a map amendment has been approved by both the (governing body) and the Department, the zoning administrator shall have the authority to grant or deny a land use permit. Note: in cases where the mapped floodplain boundary lines appear to be In error, the zoning administrator may Issue a land use permit If flood profiles exist and the flood elevations shown on the water surface profile for the regional flood indicate clearly that the land In question is above the regional flood elevation and Is contiguous to land lying outside the regional floodplain. The zoning administrator may require a certified survey map or a statement signed by a registered land surveyor or licensed professional engineer to establish that the proposed development site Is In fact above the regional flood elevation. The zoning administrator should record the correct boundary on a map other than the official floodplain zoning map, provide a copy of the change to the appropriate Department District Office, and initiate map amendment procedures. Each such map change may be handled separately or may be combined with other proposed text or map amendments, as long as the amendment process is started within a reasonable period of time. ---------------------------------------------------------------------------- Rev. 3/26/82 -4- --------------------------------------------------------------- When the applicant and the zoning administrator disagree on the location of a floodplain boundary line, the board of adjustment/appeal will be required to settle the dispute according to Section 7.33. If the board decides that the map needs to be changed, no permit may be Issued and no work may be commenced unti I the map has been amended and the amendment has been approved by the Department. 2.23 REMOVAL OF LANDS FROM FLOODPLAIN: Compliance with the provisions of this ordinance shall not be grounds for removing lands from the floodplain district, unless they are removed by filling to a height of at least two feet above the regional flood elevation, the fill is contiguous to land lying outside the floodplain district, and the map Is amended pursuant to Section 8.0. To remove the land from flood Insurance requirements, FEMA must first revise the flood Insurance rate map. Note: Property owners who attempt to remove their land from the state floodplain regulation standards should be Informed that they are not exempted from the Notional Flood insurance Program (NFIP) requirements. In order for flood Insurance not to be required, the map would have to be corrected or revised by FEMA. If the map Is not corrected or revised by FEMA, the first floor of the structure would have to be above the regional flood elevation to be exempt from the flood Insurance purchase requirements and then only after FEMA has Issued a Letter of: Map Amendment (LOMA). Depending on the area Involved and the extent of the proposed development, the property owner should always be advised of the possible Involvement and requirements of the NFIP- 2.3 COMPLIANCE: The use or development of any land or water, a change In the use of any land or water, and the use, change of use, construction, reconstruction, remodeling or expansion of any structure within the areas to be regulated by this ordinance shall be In compliance with the terms of this ordinance, and other applicable local, state and federal regulations. 2-4 GREATER RESTRICTIONS: Where a city, county or vi-Ilage zoning ordinance Is more restrictive than the provisions contained In.this ordinance, that ordinance shall continue In full force and effect to the extent of the greater restrictions, but not otherwise. 2-5: ABROGATION: This ordinance is not Intended to repeal, abrogate, or Impair any existing easements, covenants, or private deed restrictions. However, where this ordinance Imposes greater restrictions, the provisions of this ordinance shall prevail. 2-6 INTERPRETATION: In their Interpretation and application, the provisions of this ordinance shall be held to be minimum requirements liberally construed In favor of the governing body, and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance Is required by a standard In Chapter NR 116, Wisconsin Administrative Code, and where the meaning of the ordinance provision is unclear, the provision shall be Interpreted In light of the chapter NR 116 standards In effect on the date of the adoption of this ordinance or In effect on the date of the most recent text amendment to this ordinance. 2.7 WARNING AND DISCLAIMER OF LIABILITY: The degree of flood protection provided by this ordinance Is considered reasonable for regulatory purposes and Is based on engineering experience and scientific methods of study. Larger floods may occur or the flood height may be Increased by man-made or natural causes such as Ice jams or bridge openings restricted by debris. Therefore, this ordinance does not Imply that areas outside of the delineated floodplain or permitted land uses within the floodiplain will be totally free from flooding and associated flood damages. Nor does this ordinance create liability on the part of, or a cause of action against, the (city, village, county) of or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. Rev. 3/26/82 -5- Note: The warning and disclaimer of liability Is Included within this ordinance, to clarify the fact that floodplain studies are based, In part, upon engineering Judgement and the best Information available. Because of variations In engineering Judgement and Information available, two feet of freeboard above the regional flood;elevation Is required for all structural development within the floodplain. 2.8 SEVERABILITY: If any portion of this ordinance Is adjudged unconstitutional or Invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.9 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS 2.91 (a) Except as provided In paragraph (b), no development shall be allowed In the floodplain which, acting In combination with existing or future similar works, will cause an Increase equal to or greater than 0.1 foot (3 cm.) In the height of the regional flood or will adversely affect existing drainage courses or facilities. (b) Increases equal to or greater than 0.1 foot (3 cm.) may be permitted, but only If amendments are made to this ordinance, the official floodplain zoning maps (including floodway lines) and water surface profiles In accordance with Section 8, and only If the total cumulative effect of the proposed development will not Increase the height of the regional flood more than 1.0 foot for the affected hydraulic reach of the stream. (c) For the purpose of this section, Increases in the regional flood elevation shall be calculated: 1. Based upon an equal degree of hydraulic encroachment from the original hydraulic floodway lines for a hydraulic reach on both sides of the river or stream; and 2. Based upon an equal degree of hydrologic encroachment throughout a hydrologic reach of a river or stream to determine the volume of storage area which Is lost. Note: in section 2.91, the Intent Is to require that the Impact of any development on other property owners Is properly analyzed and accounted for before any development or ordinance amendments are allowed which will cause Increases In the regional flood stage. Development, as defined In Section 10-10), Includes virtually anything that Is done within the floodplain. When one property owner proposes to narrow the floodway of a river or stream on one side, an engineering calculation must be made to determine the effect of narrowing the floodway an equal amount on the opposite side of the river, stream, or tributary for a length of stream known as a hydraulic reach. This factor Is referred to as equal degree of hydraull encroachment. Since It is assumed that most uses In the flood fringe will not obstruct flood flows or cause Increases in flood heights because of obstruction, structures or filling can be permitted, providing the standards within the flood fringe district are adhered to. For example large developments, such as shopping centers or large warehouses could Increase flood heights by removing large areas of land from flood storage. Even small developments acting in combination with similar works may cause a downstream Increase greater than 0.1 foot (3 cm.). ote' T' he f act- In format I' v 11a a Fab I e structura ---------------------------------------------------------------------------- Rev. 3/26/82 0 -6- --------------------------------------------------------------------------------- This is particuiarly true in smaller watersheds because the Impact of storage loss Is directly. related to the percentage of tot&l,stream runoff which the loss of storage represents. Unlikb floodway encroachments which cause an Increase In upstream flood elevations, loss of storagek-,, will cause an Increase in downstream elevations because less.water will be stored, causing more water to ru.sh downstream, thereby adversely affecting downstream property owners. WherO developments are proposed which may materially affect the storage capaclty,.an engineering study would have,to be done applying an equal loss of storage uniformly throughout the- hydrologic reach,.. The reason for applying these standards Is to offer equal opportunity for development to aIll property ownersiwithin both the hydraulic and.hydrologic reach, while at the same.time protecting the rights of all property owners that are adversely affected by an applicant's action. Section 8.22 requires easements to be obtained from those property owners that are., adversely affected by Increases in flood elevations of 0.1 foot or more before any such increase can be allowed. Before Increases to the regional flood stage may be allowed by a municipality, the affected unit of government must amend Its water surface profiles, floodplain zoning maps-, and zoningi ordinances to reflect the increased flood elevations. Before the municipality can Issue such, an approval, appropriate legal arrangements must be made with the affected.property owners..and. any affected local units of government for any Increased flood elevat'lons on-those properties. (i.e., flooding easements must be acquired by the developer from those adversely affected.) Before becoming effective all maps and text amendments require the approval of the, Department. 2.92 Owners or operators of all existing mobile home parks and mobile-home subdivisions.located.in the regional floodplain (in A-zones on flood hazard boundary maps or flood Insurance-study maps) shall, file an evacuation plan, indicating alternate vehicular access and escape.routes, Including mobile home hauler routes, with the appropriate local disaster preparedness authorities, and shall prov.1de for adequate surface drainage to minimize flood damage. 2.93 All mobile homes to be placed on a site located.in the regional floodplain On X@zones.on flood hazard boundary maps or flood insurance study maps) shall be anchored.so they do.not;-float, collapse or move laterally during a flood. Such mobile homes shall be,anchored'according,to the, following specifications: (a) Over-the-top ties shall be provided at each of the four corners,of the mobi.le.home,,with two- additional ties per side at Intermediate locations and mobile homes less than fifty (50) feet long shall require one additional tie per side; (b) Frame ties shall be provided at each corner of the mobile home with five (5) additional fles Per side at intermediate points and mobile homes less than fifty (50) feet long.requiring four (4) additional ties per side; (c) All components of the anchoring system shall be capable of carrying.a force.of 4,800 pounds; and (d) Any additions to the mobile home shall be similarly anchored. Rev. 3/26/82 -7- (e) The placement of all new mobile homes In addition to the standards listed above, must also meet the residential development standards In the floodfringe as found In Section 4.3. Note: The standards addressed In Sections 2.92 and 2.93 are the minimum requ-Ired NFIP development standards. Be aware that where municipalities prohibit the placement or replacement of mobile homes In flood prone areas, these standards can be modified to reflect the more restrictive development standards. 2.94 For all subdivision proposals, as "subdivision" Is defined In Section 236-02(8), Wisconsin Statutes, and other proposed developments exceeding 5 acres In area or where the estimated cost of the proposed development exceeds $75,000, the applicant shall provide all computations which are required to show the effects of the proposal on flood heights, velocities and floodplain storage. Further, the applicant shall provide within such proposals regional flood elevation data, and the means to provide adequate surface drainage and to minimize flood damage. In those Instances where the applicant is not required to provide computations and where Inadequate data exists, the available Information may be transmitted to the Department of Natural Resources' District office for a determination of the flood protection elevations and for an evaluation of the effects of the proposal on flood heights, velocities and floodplain storage. Additional Information, such as valley cross-sections or survey data may be required by the Department to determine the effects of the proposal. This information shall be obtained from the applicant or the applicant's agent by the (county, city, village). The provisions of Section 7.4 shall apply hereto. The applicant shall provide all data and calculations for any development which would require an amendment to the district boundaries or regional flood profiles. Note: The National Flood insurance Program (NFIP) requires that, 'fall subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever Is the lesser, Include within such proposals base flood elevation data." According to NR 116.20(2)(a)4., Wis. Adm. Code, the applicant Is required to provide all computations for all subdivision proposals and all other proposals exceeding 5 acres In area or $75,000 In value. Section 236.02(8), Wis. Stats., defines "subdivision$, as the division of a tract of land where@ five or more parcels or building sites of 1 1/2 acres each or less in area are created by a I single division or by successive divisions within a period of five years. When subdivision proposals and other proposed new development Is planned In a flood-prone areal FEMA standards require that (1) all such proposals are consistant with the need to minimize flood damage within the flood-prone area, (2) ail public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (3) adequate drainage is provided to reduce exposure to flood hazards. 2.95 Prior to any alteration or relocation of a watercourse, and prior to the Issuance of any land use permit which may be required for the alteration or relocation of a watercourse, the (title of local zoning official or agency) shall notify adjacent municipalities, the apropriate district office of the Department of Natural R rces and the appropriate office of FEMA and shall require the applicant to secure all necessary state and federal permits. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained. 2.96 Development which requires a permit from the Department of Natural Resources, pursuant to Chapters 30 and 31, Wisconsin Statutes, such as docks, piers, wharves, bridges, culverts, dams and t naviga lonal aids may be allowed provided the necessary (County, City or Village) permits are obtained and necessary amendments to the official floodway lines, water surface profiles, floodplain zoning maps or floodplaln zoning ordinance, are made according to Section 8,0* Rev. 3/26/82 SECTION 3.0 FLOODWAY DISTRICT (FW) 3.1 APPLICABILITY: The provisions of this section 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 pursuant to the procedures contained In Section 7.4. Note: The provisions contained within Section 3.1 apply to areas mapped as floodway and to the floodway portion of the general floodplain. In those areas where development Is proposed within the general floodplain, local zoning officials must first determine If the proposed development Is within the floodway or the flood fringe. Where It is evident that the development Is proposed within the flood fringe, the submission of the Information listed In Section 7-42(b) Is not necessary. Where It Is necessary to do a case-by-case analysis, the provisions contained within Section 7.42 will need to be followed. 3.2 PERMITTED USES: The following open space uses are allowed within the floodway district, and In the floodway portion of the general floodplain district, provided that they are not prohibited by any other ordinance, that the standards contained In Section 3.3 are met, and that all permits or certificates required under Section 7.18 have been Issued: (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) 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. (d) Uses or structures accessory to open space uses, or essential for historical areas, providing they are not in conflict with the provisions in Sections 3.3 and 3.4. (e) Extraction of sand, gravel or other materials. (f) Docks, piers or wharves, Including docks, piers or wharves used as part of a marina, and other water related uses, such as dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines. (g) Public utilities, streets and bridges. Note., it is important to remember that the uses "permitted" in Section 3.2 may or may not require a land use permit under Section 7-18(a). These uses are "permitted" In the sense that they are not prohibited. A land use permit Is required if an activity meets the definition of development or If the use of an existing building or structure Is changed. See Section 7.18. It Is generally felt that these permitted floodway uses will not obstruct flood flows or be damaged by flood waters. In those cases where the permitted use will obstruct or cause an obstruction to flood flows, a determination will have to be made, as described in Section 2.94 of the ordinance, as to what effect the proposed development has on the floodway delineation and regional flood profiles. If that Increase Is greater than 0.1 foot (3 cm.), an amendment Is required pursuant to Section B.O. r ot' theI withl I deve deveI SectI provi Rev. 3/26/82 -9- 3.21 All uses not listed as permitted uses In Section 3.2 are prohibited within the floodway district and in the floodway portion of the general floodplain district. 3.3 STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS 3.31 GENERAL: Any development in floodway areas shall: (a) Meet all of the provisions of Section 2.9; (b) Not obstruct flood flows; and (c) Have a low flood damage potential. 3.32 STRUCTURES: Only structures which are accessory to permitted open space uses, or are essential for historical areas, may be allowed by permit, providing the structures meet all of the following criteria: (a) The structures are not designed for human habitation; (b) The structures are constructed and placed on the building site so as to offer minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flow of flood waters, and shall be placed with their longitudinal axis approximately on the same line as those of adjoining structures; (c) Tne structures are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river; and (d) The structures have all service facilities, such as electrical and heating equipment at or above the flood protection elevation for the particular area. 3.33 Public utilities, streets and bridges may be allowed by p,.3rmit, provided that: (a) Adequate flood proofing measures are provided to the flood protection elevation; (b) Construction does not cause an Increase of 0.1 foot or greater In the height of the regional flood, except that reasonable increases up to 1.0 foot may be approved if the amendment procedures and all conditions of Section 8.2 are met; and (c) The (county, city or village) amends its water surface profiles, floodplain zoning maps and floodplain zoning ordinance as needed, to reflect any changes resulting from such construction. 3.34 Fills or deposition of materials may be allowed by permit, provided that: (a) The requirements of Section 2.91 are met; (U) 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 Chapter 30, Wisconsin Statutes, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334 has been issued, If applicaule, and the other requirements of this section are met; Rev. 3/26/82 _10- Note: The State and Federal permits referenced in paragraph (b) above require the municipality's zoning administrator to Inform the applicant that such permits may be required In addition to the local permit when development occurs in adjacent wetlands or below the ordinary high-water mark of a navigable body of water. The Department permit can be applied for at Its local area office and the Federal 404 permit can be applied for at the local office of the U.S. Army Corps of Engineers. If the location of the local Corps office Is not known, the applicant or the zoning administrator should contact the local District office of the Department of Natural Resources for the necessary information. (c) The fill or other materials will be protected against erosion by r1prap, vegetative cover, sheet piling or bulkheading sufficient to prevent erosion; and provided that (d) Such fills are not associated with private or public solid waste disposal. Note: Section 3..3 lists the standards for development In floodway areas. Development Is defined In Section 10.1(9) as "any manmade change to Improved or unimproved real estate, Including but not limited to the construction of buildings, structures or accessory structures.... 11 It also includes such nonstructural activities as mining, dredging, filling, grading, paving, excavation or drilling operations or the deposition or extraction of materials. Structures designed for human habitation are expressly prohibited because of the high danger to human life due to higher velocities and Increased depths of moving water within this District. In addition, any development would cause Increases In flood depths upstream due to the obstructing effect development has on narrowing the f loodway and in not allowing as much water to run downstream as fast as It did originally. Public utilities, streets and bridges must be f loodproofed and should be designed so as to not cause an increase In f lood heights. If increases are caused, then the provisions of Section 8.2 must be applied. Fill placed within this District must be protected against erosion and must not be placed In the channel unless all necessary state and federal permits have been obtained from both the L Department.and the U.S. Army Corps of Engineers. 3.35 The storage of any materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish or other aquatic life is prohibited. 3.36 Any uses which are not In harmony with, or which may be detrimental to, the uses permitted In the adjoining districts are prohibited. 3.37 All private or public on-site sewage disposal systems are prohibited, with the exception of portable latrines that are removed during flooding, and systems associated with public recreational areas and Department approved campgrounds, that meet the applicable provisions of Chapter H 63, Wisconsin Administrative Code, which may be permitted In floodway areas. 3.38 All wells, whether public or private, which are used to obtain water for ultimate human consumption are prohibited. 3.39 All solid waste disposal sites, whether public or private are prohibited. Rev. 3/26/82 SECTION 4.0 FLOOD FRINGE DISTRICT (FF) Note: The provisions contained within Section 4.0 apply to uses in the areas mapped as flood fringe and In the flood fringe portions of the general floodplain district. Since the flood fringe district does not contribute appreciably to the passage of flood water and has low depths and velocities, almost all uses are permitted If elevated to the flood protection elevation (which Is a point 2 feet above the regional flood level). Although the flood fringe district does not contribute appreciably to the passage of flood flows, the removal of large tracts of land needed for flood storage could Increase flood elevations downstream. It Is known that the filling in of all flood fringe areas within a watershed will cause'a significant increase In flood levels and flood damages. However, for the purpose of minimum floodplain zoning standards In Chapter NR 116, Wisconsin Administrative Code, It was assumed that not enough fringe areas will be filled to cause a significant Increase. Section 87.30, Wisconsin Statutes, and Chapter NR 116, Wisconsin Administrative Code, allow the local municipality to develop a more restrictive floodplain zoning ordinance keeping the entire flood fringe district In open space use If It so desires, which many Wisconsin municipalities have done. Such a model ordinance Is available from the Department. 4.1 APPLICABILITY: The provisions of this section apply to all areas within the flood fringe district, as shown on the official floodplain zoning maps, and to those portions of the general floodplain district that are determined to be In the flood fringe area pursuant to Section 7.4. 4-2 PERMITTED USES: Any structures, land use, or development, including accessory structures and uses, are allowed within the flood fringe district and flood fringe portions of the general floodplain district, provided that the standards contained In Section 4.3 are me+, that the use is not prohibited by this or any other ordinance or any other local, state or Federal regulation and that all permits or certificates required under Section 7.18 have been issued by the zoning administrator. 4-3 STANDARDS FOR DEVELOPMENT IN FLOOD FRINGE AREAS 4.31 All of the provisions of Section 2.9 shall apply hereto. 4-32 RESIDENTIAL USES: Any structure or building used for human habitation, which Is to be erected, constructed, reconstructed, altered, or moved Into the flood fringe area shall meet or exceed the following standards: (a) The lowest floor including the basement; except where paragraph (b) is applicable, shall be placed on fill at or above the flood protection elevation (which Is a point two feet above the regional flood elevation). The fill elevation shall be one foot or more above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any such structure or building erected thereon. Note: Section 4.32 requires that all residential structures and buildings shall be elevated by filling. At least 15 feet of fill must extend beyond the structure. If less than 15 feet of fill Is placed, the board of adjustment/appeals would have to grant a variance first. Fill is required because it provides structural safety by buffering against erosion and seepage of flood water and lessens the danger associated with rescue and relief operations by allowing a F ote a Se I bl n y f 11 g 0f fillI s Is requ ire safe means of entering and exiting the structure. Fill should be of such a material that It will, when sufficiently compacted, retain its structural bearing capability under saturated conditions. ---------------------------------------------------------------- Rev. 3/26/82 -12- --------------------------------------------------------------------------- Constructing the lowest floor 2 feet above the regional flood elevation provides an additional margin of protection or safety. When flood studies are conducted, they assume a condition of free flow through bridges, culverts and other m 'anmade or natural constrictions. No consideration Is included for Ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways In these areas of constriction and as a result higher flood elevations can and do occur upstream. I I.. . 1"- ffiAmd@ff _.. . .. - ...... . . ... - (b) The basement floor may be placed at the regional flood elevation providing It is flood proofed to the flood protection elevation. Where a communitywide exception allowing the flood proofing of basements has been granted by FEMA, the basement floor may be placed at an elevation lower than the regional flood elevation providing It is flood proofed to the flood protection elevation In compliance with Section 7.5. If a communitywide exception has not been granted by FEMA, requests to construct the basement floor below the regional flood elevation must be considered as a variance, thereby requiring action by the board of (adjustment/appeal�) as specified In Section 7.34. (c) Except as provided 4n paragraph (d), contiguous dry-land access shall be provided from a structure or building to land which Is outside of the floodplain, so that any such structure shall be accessible by rescue and relief vehicles during periods of regional flooding. Contiguous dry-land access means a road with a surface at or above the regional flood elevation and wide enough for rescue and relief vehicles. (d) In existing developments where existing streets or sewer lines are at elevations which make compliance with paragraph (c) Impractical, the municipality may, after obtaining prior written Department approval, authorize access at an elevation lower than the regional flood elevation. Where the municipality has applied for and obtained Department approval, the zoning administrator shall Issue a permit authorizing such access as Is allowed under the Department approval. M&Z-, 7 Note: Section 4.32(b) allows the zoning administrator to Issue permits for flood proofed basements below the flood.protection elevation, providing that the top of the basement floor does not go beneath the regional flood elevation for the particular area. The elevations for the area being considered In the application can be obtained by reviewing the flood profiles associated with the flood study and corresponding maps described in Section 2.2. Where there has been no study and no flood elevations are available, a case-by-case analysis will need to be conducted to determine the regional flood elevation before the development can be permitted. FEMA has on occasion granted ccmmunitywide exceptions allowing a municipality to construct flood proofed basements below the regional flood elevation. Only three Wisconsin municipalities have received this federal exception. They are Brown County, the City of Green Bay, and the Village of Ashwaubenon within the floodplain of the East River. In all other municipalities, a variance hearing must first be held before a basement can be constructed below the regional flood elevation. The variance standards specified In Section 7.34 must also be met before such a variance may be granted. Section 7.35 requires that the applicant be Informed by the chairman of the board of adjustment/appeals thatincreased flood Insurance premiums will ensue as a result of receiving a variance to build below the regional flood elevation. This notification Is part of the National Flood Insurance Program (NFIP) requirements and Is Included to forewarn the applicant that flood insurance premiums will increase even though the structure may be flood proofed In ---------------------------------------------------------------------------- Rev. 3/26/82 -13- -cc-m-p-1-1 a-n-c-e-w-l-t-h-t-h-e--st-a-n-da-r-d-s-s-p-e-c-I f-l-e-d-u-nd-er--W-I-sc-o-n-s -In--1-a-w.---Th-e- -a-pp-1-11:an-t- -sh-ou-I-d-be- -I n-f-o-r-med- of this fact prior to the actual variance hearing to ensure that he/she Is made aware that insurance premiums are associated with what the proposed lowest floor elevation Is In comparison to the regional flood elevation. The more water that covers the site, the greater the amount of Insurance. The least expensive flood Insurance rates are for structures that have their lowest floor constructed 2 feet above the regional flood elevation. 4.33 ACCESSORY STRUCTURES OR USES: An accessory structure or use (not connected to a principal structure) shall meet all the applicable provisions of Section 3.31, 3.32 and 3.34. A lessor degree of protection, compatible with these criteria and the criteria In Section 4.34 may be permissible for an accessory structure or use providing that the site Is not Inundated to a depth greater than 2 feet or subjected to flood velocities greater than 4 feet per second upon the occurrence of the regional flood. Note: Section 4.33 applies to an accessory structure or use that is not connected to the principle structure or use. It must be necessary to the principle use of the property, structure or building as Is defined In Section 10.1(2). Section 4.33 allows only those accessory structures which are not associated with a high degree of flood damage potential to be constructed at a lower elevation. It should be remembered that all additions to residential and commercial structures must be flood proofed to the flood protection elevation. Although most property owners will not need to borrow money to construct accessory structures, it must be noted that where a loan Is necessary the property owner will be required by the lender to purchase flood Insurance and will* be required to pay Insurance rates based upon the elevation of the structure's first floor. If the first floor of the accessory structure Is constructed below the flood protection elevation, the Insured will be required to pay higher flood Insurance rates as compared with constructing the same structure at the flood protection elevation. Before construction occurs, the property owner should always be advised to check with his/her Insurance agent to see at what elevation the most reasonable Insurance rates occur. 4.34 COMMERCIAL USES: In commercial areas, any structure or building which Is to be erected, constructed, reconstructed, altered or moved Into the flood fringe area shall meet the requirements of Section 4.32. Storage yards, parking lots and other accessory land uses may be at lower elevations, subject to the requirements of Section 4.36. However, no such area In general use by the public shall be Inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood. 4.35 MANUFACTURING, AGRICULTURAL AND INDUSTRIAL USES: Any manufacturing, agricultural or Industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the flood fringe area shall be protected to the flood protection elevation utilizing fill, levees, floodwalls, adequate flood proofing measures in accordance with Section 7.5, or any combination thereof. On streams or rivers having prolonged flood durations, greater protection may be required to minimize Interference with normal plant operations. A lesser degree of protection, compatible with the criteria In Sections 4.34 and 4.36 may be permissible for storage yards, parking lots and other similar uses. 4-3b STORAGE OR PROCESSING OF MATERIALS: The storage or processing of materials that are buoyant, flammable, explosive, or which In times of flooding, could be Injurious to human, animal, or plant n formed ,@tha t greater that life, shall be at or above the flood protection elevation for the particular area or flood proofed in compliance with Section 7-5. Adequate measures shall be taken to assure that said materials will not enter the river or stream during flooding. Rev. 3/26/82 -14- 4-37 PUBLIC UTILITIES, STREETS AND BRIDGES: (a) When failure or Interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, constructlon of and substantial Improvements to such facilities may only be permitted If they are flood proofed, In compliance with Section 7-5, to the flood protection elevation; minor or auxiliary roads or nonessential utillti.es may be constructed at lower elevations providing they withstand flood forces to the regional flood elevation. b) Public utilities, streets and bridges in flood fringe areas should be designed to be compatible with the local comprehensive floodplain development plans. 4.38 SEWAGE SYSTEMS: All on-site sewage disposal systems shall be floodproofed to the flood protection elevation and shall meet the applicable provisions of all local ordinances and Chapters H 63 and H 65, Wisconsin Administrative Code. 4.39 WELLS: All wells, whether public or private, shall be floodproofed to the flood protection elevation, pursuant to Section 7.5, and shall meet the applicable provisions of Chapters NR III and NR 112, Wisconsin Administrative Code. 4.395 SOLID WASTE DISPOSAL SITES: All solid waste disposal sites, whether public or private, are prohibited in flood fringe areas. SECTION 5.0 GENERAL FLOODPLAIN DISTRICT (GFP) 5.1 APPLICABILITY: The provisions for this district shall apply to all floodplains In the (city, village, county) for which "regional flood" data, as defined In Section 10-10) is not available, or where regional flood data Is available but floodways have not been delineated. As adequate regional flood data becomes available and floodways are delineated for portions of this district, such portions shall be placed In the flood fringe district or floodway district, as appropriate. 5.2 PERMITTED USES: Those uses permitted in Sections 3.2, and 4.2 are allowed within the general floodplain district, provided that the procedures of Section 5.3 below are met, and all permits or certificates required under Section 7.18 have been issued by the zoning administrator. Noft: The general floodplain district applies to those areas where a floodway line and flood fringe districts are not delineated and where there are no detailed engineering studies depicting flood elevations or flood profiles. Because of this fact, all development within the general floodplain district, unless the site Is clearly In the flood fringe district, must have a detailed analysis made to determine whether or not the development lies within the floodway district. Section 2.94 should be referred to along with Its corresponding "note" which explains In part who Is responsible for providing the information necessary to do the case-by-case analysis. The evaluation procedure Is discussed In Section 7.4. If It Is determined that the proposed use Is located In the floodway the provisions of Section 3.0 would be applicable, and if it is in the flood fringe the provisions of Section 4.0 would be applicable. ----------------------------------------------------------------- Rev. 3/26 /82 -15- --------- ----------------------------------------------------------------- In cases where it Is determined that the delineation of the flood hazard zone is Incorrect, the provisions of Section 2.22 may be followed. This allows the zoning administrator some latitude in making the determination as to the actual boundary of the flood hazard district. I n those cases where I t I s ev I dent that the area I s I ncorrect I y de I I neated, the map shou I d be revised utilizing the assistance of the Department of Natural Resources' District Water Management Coordinator as specified In the "note" following Section 2.22. 5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT: The general floodplain district encompasses both floodway and flood fringe areas. Therefore, a determination shall be made pursuant to Section 7.4, to determine whether the proposed use Is located within a floodway or flood fringe area. If it is determined that a proposed use Is located within a floodway, the provisions of Section 3.2 and 3.3 shall apply. If It is determined that the proposed use is located within the flood fringe, the provisions of Section 4.2 and 4.3 shall apply. SECTION 6.0 NONCONFORMING USES Note: Few municipalities within Wisconsin are completely free of existing development within their designated floodplain districts. It Is assumed that there will be some uses and structures existing when the ordinance is adopted which are Inconsistent with the provisions of the new ordinance. Existing uses such as this are referred to as nonconforming uses, and by Wisconsin law are allowed to be continued subject to certain restrictions. The provisions In this section of the ordinance are applicable to both the "nonconforming uses" and "nonconforming structures." A structure may be nonconforming although the use Is conforming If It does not meet dimensional standards or was not constructed above, or flood proofed to, the flood protection elevation* The reverse may also be true where a resIdentia I structure ,s constructed to the flood protection elevation but Is located In a floodway district where the use is not permitted. 6.1 GENERAL: Insofar as the standards in this section are not Inconsistent with the provisions of Section (59.97(10) or 62.23(7)(h)), Wisconsin Statutes, they shall apply to all nonconforming uses and nonconforming structures. These regulations apply to the modification of, or addition to, any structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. The existing lawful use of a structure or bul IdIng or Its accessory use which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 6.11 No modifications or additions to a nonconforming use or a nonconforming structure shall be permitted unless they are made in conformity with the provisions of this Section. For the purpose of this Section, the words 'hodification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components; Note: The provisions contained within Section 6.11 define modification and addition in I I comparison to ordinary maintenance repalro The zoning administrator should notice that ordinary maintenance repairs are not considered to be additions or modifications, but, simply ---------------------------------------------------------------------------- Rev. 3/26/82 -16- ---------------------------------------------------------------------------- a means to maintain the structure or use In a manner necessary for continued use. It should be remembered that municipalities can adopt ordinances that have more restrictive nonconforming use provisions and as a result may not wish to allow ordinary maintenance repa I r s to occur w 1 thout the I ssuance of a zon I ng perm I t, and may w I sh to ref I ect those Improvements as part of the total modification or addition referred to within this section. 6.12 If a nonconforming use Is discontinued for 12 consecutive months, It is no longer permitted and any future use of the property, and any structure or building thereon, shall be made to conform to to the applicable requirements of this ordinance; Note- Section 6.12 provides for the termination of nonconforming uses after a specific period of discontinued use. The local zoning enabling authority under Section 62-23(7)(h) for cities and villages, and Section 59.9700) for counties, Wisconsin Statutes, provides that if a nonconforming use is discontinued for a period of more than 12 months, any future use shall conform to the ordinance. 6.13 As requests are received for modifications or additions to nonconforming uses or nonconforming structures in the floodway, a record shall be kept which lists the nonconforming uses and nonconforming structures, their present equalized assessed value, and the cost of those additions or modifications which have been permitted; and Nat8- The purpose of Section 6.13 Is to maintain a record of all existing nonconforming uses and nonconforming structures along with their present equalized assessed value and the costs of the improvements which have been made. it Is not the Intent of this ordinance to also include the cost of ordinary maintenance repairs as defined in 6.11 above. This record may be kept separately apart from the permits, or the information may be attached to the nonconforming use permit when It Is issued. A continuous record is necessary to show when and at what time a nonconforming structure exceeds the dollar limitations contained In 6.21(c) belo w. 6.14 No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed fifty percent (50%) of Its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance and contiguous dry land access is provided in compliance with Section 4-32(c) or Section 4-32(d). Section 6.14 places limitations on the modification, expansion and rebuilding of nonconforming uses and structures and where these limitations are exceeded, the modification; expansion or rebuilding is not permitted nor can it be allowed. in cities or villages, the nonconforming use provisions contained within Section 62-23(7)(h), Wisconsin Statutes, do not give discretion to the city or village where the total cost to restore the structure would exceed 50% of Its present equalized excess value. However, Section 59-9700), Wisconsin Statutes, provides that a County may allow the structure to be rebuilt. Chapter NR 116 requires, however, that it be flood proofed, to the flood protection elevation, by means other than fill, and dryland access must be provided In accordance with Section 4.32 of this ordinance. Should further explanation concerning this particular section of the ordinance be needed, you should contact your local Department of Natural Resources District Water Management Coordinator. Sec Rev.. 3/26/82 d of r t cit Ie and co for a Fnn n 0 conform to -17- 6.2 FLOODWAY AREAS Note: Because of the increased hazards associated with the location of existing nonconforming uses and nonconforming structures In a floodway area, specific nonconforming use provisions are Included for both the floodway and flood fringe districts. Section 6.2 contains the criteria for modifications or additions to nonconforming floodway uses and structures. The restrictions placed on such existing development will be more restrictive than those contained within the flood fringe nonconforming use provisions. Only In cases of extreme hardship or practical difficulty can such structures or uses be maintained beyond what is considered to be 50% of the present equalized assessed value of the structure. Modifications or additions In excess of this limit would, In a sense, be a variance to the nonconforming use provisions, and as a result, the property owner would need to be Informed that increased flood Insurance premiums may result for the entire structure If substantial improvement, greater than 50% of its present equalized assessed value occurs. 6.21 No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use In a floodway area, unless such modification or addition has been granted a permit or variance and meets all of the following criteria: (a) The modification or addition to the existing structure will not Increase the amount of obstruction to flood flows as provided In Section 2.91; (b) Any addition to the existing structure shall be floodproofed, pursbant to Section 7.5, by means other than the use of fill, to the flood protection elevation; and (c) If any nonconforming structure or any structure with a nonconforming use is destroyed or Is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions of Section 3.0 are met. For the purpose of this subsection, restoration is deemed Impractical where the total cost of such restoration would exceed 50% of the present equalized assessed value of the structure-I 6.22 No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed In a floodway area. Any replacement, repair or maintenance of an existing on-site sewage d Isposal system I n a f loodway area shal I meet the appl icable requirements of al I land ordinances and Chapter H 63, Wisconsin Administrative Code. 6.23 No new well or modification to an existing well, used to obtain water for ultimate human consumption, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well In a floodway area shall meet the applicable requirements of this ordinance and Chapters NR III and NR 112, Wisconsin Administrative Code. Note: it can be concluded that no new on-site sewage disposal system, or private water supply system is allowed within the floodway district. Replacement of failing existing systems may be allowed providing they are replaced with flood proofed holding tanks or mound systems In compliance with Chapter H 63 of the Wisconsin Administrative Code. F m 0@on fo non provisI ons contaIns t Rev. 3/26/82 6-3 FLOOD FRINGE AREAS 6.31 No modification or addition shall be.allowed to any nonconforming structure or any structure, with a nonconforming use Ih the flood fringd:area unless such modification or addition has been granted a permit or variance and, except where Section 6.32 is applicable, the modification or addition is placed on fill or is flood proofed to the flood protection elevation In compliance with the appl'icable regulations for that particular use In a flood fringe area as contained in Section 4.3. Noten Section 6.31 contains the general criteria for modifications or additions to nonconforming uses and structures in flood fringe areas, but the cost limitations Imposed by Section 6.14, applicable to additions or modifications in excess of 50% of present equalized, assessed value, must also be applied. Where Section 6.14 Is applicable In the flood fringe, the entire structure must be floodproofed or placed on fill. The cost limitations placed on modifications and"additions to nonconforming flood fringe structures is a minimim requirement of the National Flood Insurance Program (NFIP) and must be included for a municipality to meet the flood insurance eligibility standards for participation In the NFIP. 6.32 Where compliance with the provisions of Section 6.31 would result In unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of (adjustment/appeals), using the procedures established In Section 7.3, may grant a variance from those provisions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (a) Human lives are not endangered; (b) Public facilities, such as water or sewer, are not to be Installed; (c) Flood depths will not exceed four feet; (d) Flood velocities will-not exceed two feet per second; and (e) The structure will not be used for storage of materials described In Section 4.35. Note: Section 6.32 provides the board of adjustment/appeals with the standards they must adhere to in deciding whether or not to allow variances from the provisions contained in Section 4.3. It must be remembered that where a variance such as this is granted, the board must also Inform the property owner in writing, signed by either the board chairman or Its secretary, that Increased flood insurance premiums may result. 6.33 All new on-site sewage disposal system, or addition to, replacement, repair or maintenance of an on-site sewage disposal system, in a flood fringe area shall meet all the applicable provisions of all local ordinances and Chapters H 63 and H 65, Wisconsin Administrative Code. 6.34 All new well, or addition to, replacement, repair or maintenance of a well, In a flood fringe area shall meet the applicable provisions of this ordinance and Chapters NR III and NR 112, Wisconsin Administrative Code. Rev. 3/26/82 -19- SECTION 7-0 ADMINISTRATION This Section provides for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer this ordinance, In accordance with this section. Where a zoning administrator, planning agency or a board of (adjustment/appeals) has already been appointed to administer a zoning ordinance adopted under section(s) (59.97, 59-971 or 62-23(7)), Wisconsin Statutes, these officials shall also administer this ordinance. Note: Chapter 4 of the Floodplain-Shoreland Management Guide manual should be referred to for an explanation of the duties, functions, and responsibilities of the zoning administrator, board of adjustment/appeals and zoning agency. 7.1 ZONING ADMINISTRATOR: The zoning administrator Is hereby authorized to administer the provisions of this ordinance. The zoning administrator shall have the following duties and powers: 7.11 Advise applicants of the provisions of this ordinance; assist them In preparing permit applications and appeals, and Insure that the regional flood elevation for the proposed development Is shown on all permit applications. Note: Section 7.11 directs the zoning administrator to assist applicants In preparing both their permit applications and, In cases where the application Is not granted and the applicant desires to appeal, to assist them In filling out the appeal form which Is submitted to the board of adjustment/appeals for either a variance or an Interpretation. It must be stressed that when an application for a permit is made, the zoning administrator must Inform the applicant In writing as to why a permit Is denied. The administrator cannot simply tell the individual, rather, it must be stated In writing, providing of course, that the application has also been completed In writing by the applicant. 7.12 Issue permits and inspect properties for compliance with provisions of this ordinance and Issue certificates of compliance where appropriate. 7.13 Keep the official records of all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming uses and nonconforming structures and changes thereto, permit applications, permits, appeals, variances and ordinance amendments related to this ordinance. 7.14 Submit copies of all decisions granting or denying variances and appeals, all map and text amendments, case-by-case analyses, annual reportsj and any other required Information to the appropriate District Office of the Department of Natural Resources. An annual summary showing only the number and types of all floodplain zoning actions taken by the (county, city or village) shall also be submitted to the Department by the zoning administrator. ...... . ...... Note: Section 7.14 requires the zoning administrator to submit copies of any actions taken on variances, amendments, case-by-case analysis, annual reports and any other required information to be submitted to the appropriate District Office of the Department for their review and response. This Is especially Important In cases where the ordinance text or map is being amended and in cases requiring variances from the flood protection elevation or development standards as specified within the ordinance. In cases where assistance Is needed or requested, the local Department district office should be contacted In addition to submitting the Information to them for their review. Rev. 3/26/82 -20- 7.15 Investigate and report violations of this ordinance to the appropriate (county, city or village) zoning committee. The zoning committee shall submit its recommendations on each violation to the (municipal attorney, corporation counsel or district attorney) for prosecution. Copies of the violation reports shall also be sent to the appropriate District office of the Department. Note: There is no single correct procedure established for investigating or preparing reports and reporting violations of floodplain zoning provisions. But it should be remembered that in order to effectively enforce and prosecute a violation, the prosecutor will need a case record of all the information concerning the violation, including such things as photographs, written testimony, taped testimony, other records of any hearings held concerning the subject of the violation and any other pertinent Information which can be obtained. The zoning administrator cannot be too careful or too meticulous in preparing materials which may eventually be used in an enforcement action. 7.16 Submit copies of text amendments and annual reports to FEMA. 7.17 Maintain on file a list of all documentations of certified elevations. Note: The purpose of maintaining a list of certified ground surface elevations Is to provide a benchmark source for future developers to use when determining If their building floor and ground surface elevations are In compliance with the elevation standards contained In this ordinance. 7-18 ADMINISTRATIVE PROCEDURES: (a) LAND USE PERMIT: A land use permit shall be obtained from the zoning administrator before any new development, as "development', is defined In Section 10.1(9), or any change in the use of an existing building or structure may be initiated. Application for a permit shall be made to the zoning administrator upon furnished application forms and shall Include, for the purpose of proper enforcement of these regulations, the following data: 1. Name and address of the applicant, property owner and contractor - builder; 2. Legal description of the property, including the type of proposed use, and an Indication as to whether new construction or a modification to an existing structure is Involved; 3. The elevation of the lowest floor using National Geodetic and Verticle Datum (NGVD); 4. A site development plan which accurately locates or describes the proposal with respect to the floodway and flood fringe districts showing the dimensions of the lot and locations of all existing and proposed structures from lot lines, center lines of all abutting highways, and the ordinary high-water mark of any abutting or nearby watercourses; and 5. Information concerning all private water supply systems and on-site sewage disposal systems to be Installed, the location of all existing wells, structures, and on-site sewage disposal systems, and the ordinary high-water mark of all streams and lakes within 100 feet of a proposed sewage disposal site. Rev. 3/26/82 -21- 6. Data sufficient to determine the regional flood elevation at the location of the development and to determine whether or not the requirements of Section 2.9 are met. This may Include any of the Information noted In Section 7.42. Note: Section 7-18(a) addresses the permit application information that must be submitted by the applicant before the permit may be issued. Sample permit application forms are included within the floodplaln-shoreland guide manual. An important question to be answered on the application Is the floodplaln zoning district classification. Is It floodway or flood fringe? In situations where the site Is not classified, a case-by-case analysis will need to be made to determine whether or not the structure Is in a floodway or flood fringe and precisely what the flood elevation Is, so that the structure can be adequately protected from flooding. Section 7.18(a)4. requires the elevation of the lowest floor to be given In terms of the National Geodetic and Vertical Datum (NGVD). This gives the zoning administrator the ability to compare that elevation with the flood profile, usually given In NGVD, without having to make a conversion to a local or assumed datum. Although there are listed permitted uses within Sections 3 and 4, If an activity Is undertaken which requires a permit under Section 7-18(a), a permit must be applied for and issued In order for such a use to be allowed. If no permit Is issued, the applicant would be In violation of the ordinance in that a permit was never obtained, even though the use and the construction of the structure may be In compliance with the development standards contained in the ordinance. (b) CERTIFICATE OF COMPLIANCE: No vacant or developed land shall be occupied In the floodplain, and no building or structure hereafter erected, altered or moved Into the floodplain shall be occupied or used, until the applicant obtains a certificate of compliance from the zoning administrator. The zoning administrator shall issue a certificate only after the applicant has submitted a certification signed by a registered professional engineer or registered land surveyor that the fill and lowest/basement floor elevations were placed In compliance with the development standards contained in this ordinance. If flood proofing is required pursuant to Section 7.5, the zoning administrator shall Issue a certificate only after the applicant has submitted a certification signed by a registered professional engineer or architect that the structure is adequately constructed to comply with the provisions of Section 7.5. Note: Section 7-18(b) refers to certificates of compliance. The intent of these certificates Is to ensure the applicant that the use the applicant Is Intending Is In conformance with the provisions of this ordinance. It also requires that before such a certificate can be Issued, the zoning administrator must receive certification signed by either a registered professional engineer or surveyor that fill and the elevation of the lowest floor are In compliance with the flood fringe development standards found In Section 4 or was properly flood proofed In compliance with Section 7-5. Without certification from a registered engineer or land surveyor, the zoning administrator might be held responsible If the structure is later found not to be constructed above the flood protection elevation or does not withstand flooding without structural failure. (c) OTHER PERMITS: It Is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies, Including those required by by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C, 1334. Rev. 3/26/82 -22- Note: Section 7-18(c) states that the applicant is responsible to secure all other necessary permits from all appropriate federal, state and local agencies, Including obtaining permission from the U.S. Army Corps of Engineers for all development below or within the navigable portion of all bodies of water. The applicant should be advised by the zoning administrator to contact the local office of the U.S. Army Corps of Engineers for the necessary federal permit before the municipality Issues a permit. Permits from the state under Chapters 30 and 31, Wisconsin Statutes, are obtained from the local DNR district or.area office. 7.2 ZONING AGENCY. The zoning (agency or committee) shall have the following duties and powers to: (a) Oversee the functions of the office of the zoning administrator; (b) Review and act upon all proposed amendments to the floodplain zoning ordinance map and text; and (c) Maintain a complete public record of all its proceedings. MME-AW-19M - Note: The name of the zoning agency will vary from municipality to municipality. In counties, this particular committee Is referred to most often as the ag and zoning committee, the park and planning commission, or the planning and zoning commission. Within cities and villages, the names vary from planning commission, zoning committee, to zoning and public works committee, to name a few. In many villages, the board of trustees also serves as the planning or zoning agency. It is permissible for both a county board of supervisors and a city council to hold hearings and take direct action on zoning map and text amendments. Within Sections 59-97 and 62.23, Wisconsin Statutes, the required procedure Is to refer the matter from the governing body to the committee responsible for the zoning functions (generally the zoning committee or agency) and they in turn hold the public hearing, take testimony and record findings of fact and make a recommendation to the governing body for final action. See Section 8.2 and the explanations given within It, as to the procedures to follow when processirvg a petition for a map or text amendment. 7.3 BOARD OF (ADJUSTMENT/APPEALS): The appropriate board created under Section (59-99, for counties) (62-23(7)(e), for cities or villages), Wisconsin Statutes, Is hereby authorized to act as the (board of adjustment in counties) (board of appeals in cities or villages) for the purposes of this ordinance. The Board of (Adjustment/Appeals) shall exercise the powers conferred by Section (59.99(7) or 62-23(7)(e), Wisconsin Statutes. 7-31 APPEALS TO THE BOARD: Appeals to the board of (adjustment/appeals) may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the zoning administrator and with the board of (adjustment/appeals) a notice of appeal specifying whether an Interpretation of the ordinance text or map or a variance Is sought and the grounds thereof. The zoning administrator or other officer from whom the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken. .. . . ............ Note: Under Section 59.99(3), Wis. Stats., the county board of supervisors Is required to adopt rules for the conduct of board of adjustment meetings. Within cities and villages, under Section 62-230)(03, Wis. Stats., the Board of Appeals itself Is required to adopt rules for its meetings. ---------------------------------------------------------------------------- Rev. 3/26/82 -23- ---------------------------------------------------------------------------- Section 7.3 establishes the board of adjustment/appeals as the board to which persons may appeal who are upset by the Intepretation by the ordinance or feel that the regulations and requirements are too strict and feel they can demonstrate hardship and practical difficulty and thereby be allowed to deviate from the development standards contained. The board of adjustment/appeals has two primary functions In this regard: (1) Under Its power of administrative review, It can Interpret the meaning of the ordinance and provisions contained within It as well as the location of district boundaries In the case of dispute; and 2) It Is the agency designated by statute to Issue variances to provide relief from the strict requirements of the ordinance. Before the board can grant a variance from the provisions of the ordinance, it must be clearly demonstrated, and defined within the minutes of their meeting, or In the board's written decision, how the decision was made and In what specific way hardship or practical difficulty was shown. (Refer to the legal Summary Section within the floodplain-shoreland manual for a discussion of what legally constitutes unnecessary hardships.) In some ordinances, the board Is also authorized to Issue special exception (conditional use) permits. In this particular ordinance special exception permits have not been provided for and thus, the board need not consider such applications. Both the board of adjustment/appeals and the zoning agency can as mentioned to above, have additional duties and functions and may be the agency responsible for hearing appeals concerning other ordinances. This Is permissible. It must be remembered that this particular ordinance may be more restrictive than the standards In many of the underlying land use zoning ordinances. The most restrictive provisions contained In each ordinance must always be applied. 7.32 HEARING APPEALS: (a) The board of (adjustment/appeals) shall fix a reasonable time for the hearing of the appeal and shall publish a class 2 notice pursuant to Chapter 985, Wisconsin Statutes, specifying the date, time, place and subject of the hearing. The hearing notice shall be mailed to the parties In Interest In advance of the hearing. (b) A decision regarding the appeal shall be made within a reasonable time. (c) The final decision on an appeal to the board of (adjustment/appeals) shall be in the form of a written determination signed by the chairman or secretary of the board. The determination shall state the specific facts, which are the basis for the Board's decision and shall either affirm, reversep vary or modify the order, requirement, decision or determination appealed, In whole or In part, deny the appeal for lack of justification or grant or deny the application for a variance. The reasons or justifications for granting an appeal including a description of the hardship or practical difficulty which was demonstrated by the applicant In the case of a variance, shall be clearly stated In the recorded minutes of the board of (adjustment/appeals) proceedings. (d) A copy of all decisions by the board of (adjustment/appeals) shall be mailed to the appropriate District Office of the Department. Fftte: Section 7.32 establishes the procedures to be followed by the board In considering appeals from decisions made by the zoning administrator. It should be noted within the final I decision, which Is rendered by the Board, that the applicant may also appeal the board's ---------------------------------------------------------------------------- Rev. 3/26/82 -24- ----------------------------------------- ----------------------------------- a decision to a court of record, should the applicant feel aggrieved by the decision rendered by the board. Failure to follow the correct zoning appeal procedure may result In the dismissal of an action taken against the,rhunicipality, the zoning administrator, or the board of adjustment/appeals. 7.33 BOUNDARY DISPUTES: The following procedure shall be used by the board of (adjustment/appeals) In hearing disputes concerning the district boundaries shown on the official floodplain zoning map: (a) Where a floodplain district boundary is established by approximate or detailed floodplain studies, pursuant to Section 2.2, the regional flood elevations or profiles for the point in question shall be the governing factor In locating the district boundary. if no regional flood elevations or profiles are available to the board, other available evidence may be examined. (b) In al I cases, the person contesting the location of the district boundary shal I be given a reasonable opportunity to present arguments and technical evidence to the board of (adjustment/appeals). Where It Is determined that the district boundary is Incorrectly mapped, the board should either Inform the (zoning committee) to proceed to petition the (governing body) or inform the person contesting the location of the boundary to petition the (governing body), for a map amendment pursuant to Section 8-2. Note: Section 7.33 establishes the procedure to be followed In cases of boundary dispute. It should always be remembered that where there are flood elevations available, those elevations are the governing factor. It Is the responsibility of the applicant or developer to submit Information Indicating the elevation of the property to be developed and to provide cross sections showing where that elevation appears on the flood profile. A determination can then be rendered by the zoning administrator. in cases where It is demonstrated that the map boundaries are in error, the board of adjustment/appeals should direct the applicant or the zoning agency to petition the governing body for a zoning map amendment. When the map amendment action is commenced, both the Department and FEMA should be Informed. Please refer to the amendment procedure section contained within Chapter 4 of the floodplain-shoreland management guide manual. 7.34 VARIANCE: Any deviation from the standards of this ordinance, for which a permit has been denied by the zoning administrator, may be allowed only upon written request for a variance submitted to the zoning administrator, after a public hearing and the Issuance of a variance by the board of (adjustment/appeals). The Board may authorize in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions affecting a particular property, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship as defined In Section 10.1(40). A variance: (a) Shall be consistent with the spirit and purpose of this ordinance as stated In Section 1.3. (b) Shall not permit a lower degree of flood protection In the floodway area than the flood protection elevation, as defined In Section 10.1(21). in the flood fringe area, a lower degree of flood protection than the flood protection elevation may only be allowed pursuant to Section 6.32. (c) Shall not be granted because of conditions that are common to a group of adjacent lots or premises. (in such a case, the zoning ordinance would have to be amended following proper procedures.) Rev. 3/26/82 -25- (d) Shall not be granted unless It Is shown that the variance will not be contrary to the public 1 nterest and w I I I not be damag I ng to the r I ghts of other person s or property va I ues I n the area. (e) Sh a I I not be granted f or act I ons wh I ch requ I re an amendment to th I s ord I nance or the map (s) described in Section 2.2. (f) Shall not have the effect of granting or Increasing a use of property which Is prohibited In a particular zoning district. (g) Shall not be granted solely on the basis of economic gain or loss. (h) Shall not be granted for a self-created hardship. Note: Section 7.34 establishes the variance standards which must be met when granting a variance. Under Section 7.34(f), the board of adjustment/appeals cannot grant a use variance (i.e., grant a permit for a residential use In the floodway district). Such an action would require an amendment to either the text or to the map before such a permit could be acted on. Section 7.34(b) specifically states that a lower degree of flood protection than the flood protection elevation Is not permitted In the floodway area. In other words, no variance from the flood protection elevation is possible In the floodway area primarily due to the danger to human life, health and property. Variances to the flood protection elevation within the flood fringe area may be permissible only if the standards contained within section 6.32 are adhered to. 7.35 When a variance Is granted the applicant shall be notified In writing, by the chairman or secretary of the board of (adjustment/appeals), that Increased flood insurance premiums may result. A copy of this notification shall be maintained with the variance appeal record. Note: Section 7.35 requires that when a variance is granted,, the applicant is to be Informed in writing that Increased flood Insurance premiums may result. It Is Important that a copy of that statement be attached to the file as a permanent record should there be some question later as to whether or not the applicant was Informed or when the applicant completes construction and finds out that the Insurance premiums are prohibitively expensive. in most instances, the zoning administrator should either Inform the applicant of this fact before the applicant appeals to the board of adjustment/appeals or should advise the applicant to contact his/her Insurance agent to find the most cost-effective elevation to build to. It must be remembered that the National Flood Insurance Program standards do not recognize flood proofed structures In cases where the municipality does not receive a communitywide exception. Please refer to the note following section 4.32(d) for further explanation as to what a communitywide exception is. 7.4 PROCEDURES FOR DETERMINING FLOODWAY AND FLOOD FRINGE LIMITS: 7.41 APPLICABILITY: When any development Is proposed within the general floodplain district, a determination shall be made to establish the boundaries of the floodway, to allow the zoning administrator to determine whether floodway or flood fringe uses apply, and, where required, to determine the regional flood elevation. u nc Ide 0n @,d from g er to f Iood hered Rev. 3/26/82 -26- 7.42 Upon receiving an application for development within the general floodplain district, the zoning administrator shall: Ca) Require the applicant to submit, -at the time of application, two copies of an aerial photograph, or a plan which accurately locates the proposed development with respect to the general floodplain district limtts, channel of stream, existing floodplain developments, together with all pertinent Information such as the nature of the proposal, legal description of the property, fill limits and-elevations, building floor elevations and flood proofing measures. (b) Require the applicant to furnish-any of the following additional Information as Is deemed necessary by the Department for evaluation of the effects of the proposal upon flood flows, to determine the boundaries of the floodway and, where applicable, the regional flood elevation: I. A typical.valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water Information. 2. Plan (surface view) showing: elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information. 3. Profile showing the slope of the bottom of the channel or flow line of the stream. 4. Specifications for building construction and materials, flood proofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities. (c) Transmit one copy of the Information described In paragraphs (a) and (b) to the appropriate District office of the Department along with a written request to have that agency provide technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of Section 2-94 apply, the applicant shall provide all required Information and computations. Note: Section 7.4 sets forth the procedures and Information needed to determine whether a I proposed development to be located In the general floodplain district Is In the floodway or flood fringe. Section 2.94 may also be applicable. it states that the applicant must provide all the engineering data and analysis, If the development exceeds 5 acres In area, $75,000 In cost or Is a subdivision. Where these standards are not met or exceeded, the applicant need only provide the field data to the municipality. The municipality may then refer the matter to the Department for a case-by-case analysis in which the engineering data Is analyzed to determine If the development is In the floodway or flood fringe districts and to determine the regional flood elevations. 7.5 FLOOD PROOFING: Where flood proofing measures, as defined In Section 10.1(21) are required, they shall be designed to withstand the flood pressures, depths, velocities, uplift and impact forces, and other factors associated with the regional flood, to assure protection to the flood protection elevation. in addition, all flood proofing measures shall provide anchorage of structures to Rev. 3/26/82 -27- foundations to resist flotation and lateral movement, and shall Insure that the structural walls and floors are watertight (i.e., completely dry without human Intervention during flooding) to the flood protection elevation, as defined In Section 10.1(22). The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are adequately designed to protect the structure or development to the flood protection elevation for the particular area. Flood proofing measures could Include: Note: For additional information, addressing design standards for floodproofIng buildings and structures, engineers and architects should refer to the publication entitled, "Flood Proofing Regulations," dated June 1972, prepared by the U.S. Army Corps of Engineers. Copies of this document can be obtained by contacting the local Department District Water Management Coordinator. 7.51 Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris; 7-52 Addition of mass or weight to structures to prevent flotation; 7.53 Placement of essential utilities above the flood protection elevation; 7.54 Surface drainage systems, Including pumping facilities, to relieve external foundation wall and basement floor pressures; 7.55 Construction of water supply wells, and waste treatment systems so as to prevent the entrance of flood waters Into such systems; 7.56 Cutoff valves on sewer lines and the elimination of gravity flow basement drains. I Note: Section 7.5 describes the various flood proofing measures which can be used to flood proof structures by means other than fill. This section sets the standards which flood proofing must meet, namely that all new structures, or additions to existing structures, developed within the regional floodplain must be watertight or dry flood proofed to the flood protection elevation. The first floor, meaning the lowest floor or basement floor, must either be elevated or floodproofed to the flood protection elevation In order to maintain these standards. Before the zoning administrator can accept an application for a permit Involving flood proofing requirements, the applicant must obtain a certification signed by a registered professional engineer or architect, that the design for flood proofing measures Is adequate to protect the structure or development to the flood protection elevation. It should be remembered that the only permits which can be issued by the zoning administrator for flood proofed structures would be for manufacturing, agricultural or Industrial related uses as described in Section 4.35. All other flood proofed structures would require a variance hearing before the board of adjustment/appeals due to the fact the standards for development in the flood fringe district requires the first floor of all residential and commercial structures to be elevated on fill. See the example of a flood proofed structure In Chapter 6 of the Floodplain-Shoreland Management Guide Manual. ----------------------------------------------------------------------------- I Rev. 3/26/82 -28- ----- ------------------------------------------------------------------------ For more information addressing the importance of protecting structures to mitigate flood damages refer to the publication entitled, "Design Guidelines for Flood Damage Reduction," dated October 1981, prepared for FEMA by the American Institute of Architects (AIA) Research, Corporation. Copies of the docLment can be obtained by contacting: AIA Research Corporat-Jon; 1735 New York Avenue N.W.; Washington, D.C. 20006. SECTION 8.0 MENDMENTS 8.1 GENERAL: The (governing body) of the (county, city, village) of Wisconsin, may change or supplement the boundaries of the floodplain zoning districts and the regulations contained in this ordinance In the manner provided by law. Official amendments are required for any changes in the official floodway lines, water surface profiles, floodplain zoning maps or text of the floodplain zoning ordinance- Actions which require an amendment Include, but are not limited to, the following: 8.11 Any change In the official floodway line or boundary of the general floodplain area; 8.12 Correction of significant discrepancies between the water surface profiles and floodplain zoning maps; 8.13 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; .8-14 Any fill or encroachment Into the floodplain that will cause a change, equal to or greater than 0.1 foot (3 cm.), in the height of the regional flood; and 8.15 Any upgrading of.floodplaln zoning ordinances required by Section NR 116-05(4), Wiscons,in Administrative Code, or otherwise required by law. 8.2 AMENDMENT PROCEDURES., Amendments to this ordinance may be made upon petition of any interested party in accordance with the provisions of Section (62o23 for cities and villages) (59-97 for counties), of the Wisconsin Statutes. Such petitions shall include any necessary datarequired by Sections 7.42 and 2.94. 8.21 Copies of any amendment proposed to the (governing body) shall be referred to the zoning agencyo described in Section 7.2, for a public h ring and recommendation to the (governing body). Copies of the proposed amendment and notice of the public hearing shall be submitted to the appropriate District office of the Department of Natural Resources. The amendment procedure shall comply with the provisions of Section (62.23 for cities and villages or 59-97 for counties), Wis. Statutes. 8.22 No amendment to the maps or text of this ordinance shall become effective until reviewed and approved by the Department of Natural Resources. J8.23 All persons petitioning for a map amendment which Involves an increase In the height of the regional flood of 0.1 foot (3 cm.) or more shall obtain flooding easements, or other appropriate legal arrangements, from all affected local units of government and property owners before the municipality may approve an amendment which would result In such an Increase to the regional flood elevation. Rev. 3/26/82 -29- 8.24 When considering amendments to the official f loodplain zoning map, In areas where no water surface profiles exist, the zoning agency shall consider data submitted by the Department, the zoning administrator's visual on-site inspections and other available Information. (See Section 2.22(b) of this ordinance.) Note: Section 8.0 refers to amendments and the procedures to follow when an amendment is Instituted. Any change made to the ordinance text or the official map and Its corresponding profiles requires that an amendment be obtained. The Wisconsin enabling statutes for cities and villages, Section 62-23(7)(d), and for counties, Section 59-97(5), establish specific zoning ordinance amendment procedures. These procedures must be followed for all amendments made to this ordinance; failure to do so could result in the amendment being declared Invalid. SECTION 9.0 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the (corporation counsel, district attorney, municipal attorney), who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the (county, city, village) a penalty of not less than S and not more than $ , together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance Is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the (county, city, village), the state, or any citizen thereof pursuant to Section 87.30, Wisconsin Statutes. Note: Wisconsin zoning law provides for the disposition of violations through forfeltures,through injunctive relief (correction of the violation) or both. Forfeiture may be an effective weapon to use against relatively smal I violations, but the route of injunctions and abatement may be the necessary steps where large or expensive violations are involved, particularly if those violations will cause an increase In flood elevations affecting other property owners. In most Instances, the monetary fine will be far less than what it would cost to abate a nuisance or a violation. SECTION 10.0 DEFINITIONS 10.1 Unless specifically defined below, words and phrases used In this ordinance shall be interpreted so as to give them the same meaning as they have at common law and to give this ordinance its most reasonable application. Words used in the present tense Include the futureo Words used in the singular number include the plural and words In the plural number Include the singular. The word 4nayll is permissive. The word "shall" is mandatory and not discretionary. Note: The purpose of Section 10.1 Is to clarify terms commonly used within the ordinance which reflect the policy of the ordinance. In some cases, terms are not defined and It Is for that reason that they are to be given the same meaning as they have at common law. By "common law" we mean court decisions, in which the meaning of a particular term is decided in the context of a particular fact situation. (1) "A ZONES" - Those areas shown on a municipality's "Official Floodplain Zoning Map" (see definition 32) which would be inundated by the "base flood" or "regional flood" as defined herein. These areas may be numbered as AO, Al to A30, A99 or be unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a g Iven area* Rev. 3/26/82 -30- (2) "ACCESSORY S-1-1400TURE OR USE" - A-detached subordinate structure or a use which is clearly Incidental to and customarily found In c6nnection with the principal, structure or use to which it [s related, and which Is located on the same lot as that of the principal structure or use. (3) "BASE FLOOD" - A term used by the FEMA to mean that flood having a one percent chance of be'Ing equalled or exceeded in any given year. (Also see REGIONAL FLOOD.) Note: The term "base flood" Is synonymous with the terms "regional flood," "Intermediate regional flood," and 11100 year flood-" It should be noted that the term "base flood" is referred to 14n much of the information received from FEMA. It is defined In this ordinance to reduce confusion when the term Is used in the Informational material put out by FEMA. The U.S. Army Corps of Engineers references the "Intermediate regional flood" as having the same duration and frequency as occurring once in every 100 years. This flood is the same as a regional flood. The Corps also references the "standard project flood" which Is something larger than the regional flood and is based on the most severe combination of hydrological and meteorologic6l conditions that Is considered to be capable of occurring in any given watershed. The terms mentioned In this explanation may be contained In your flood insurance studies or other floodplain information documents which you use in conjunction with defining the floodplain districts In your municipality. (4) "BUILDING" See STRUCTURE. (5) "BULKHEAD LINE" - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Section 30-11, Wisconsin Statutes, and which allows complete filling to the landward side of the line, except where such filling is prohibited by the floodway provisions of this ordinance. (6) "CERTIFICATE OF COMPLIANCE" - A certification issued by the zoning administrator stating that the use of land or a building, the elevation of fill or the first floor of a structure is In compliance with all of the provisions of this ordinance. (7) "CHANNEL" - A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. (8) "DEPARTMENT" - The Wisconsin Department of Natural Resources. Note: The term "Department," for the sake of the model ordinance, refers to the Wisconsin Department of Natural Resources. In municipalities where the term "Department" Is used to refer to the administrating agency or zoning agency, referenced in Section 7.2, the term "Department" may need to be expanded to read Department of Natural Resources where appropriate. (9) "DEVELOPMENT" - Any man-made change to Improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial Improvements to buildings, structures or accessory structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of materials. Rev. 3/26/82 -31- (10) "ENCROACHMENT" - Any fill, structure, building, use or development In the floodway. (11) "EQUAL DEGREE OF HYDRAULIC ENCROACHMENT" - The effect of any encroachment Into the floodway Is computed by assuming an equal degree of hydraulic encroachment on the opposite side of a,river or stream for a significant hydraulic reach, In order to compute the effect of the encroachment upon hydraulic conveyance. This computation assures that property owners up, down or across the river or stream will have the same rights of hydraulic encroachment. (Also see: HYDRAULIC REACH and FLOODWAY LINES.) (12) "EQUAL DEGREE OF HYDROLOGIC ENCROACHMENT" - The effect of any development on the storage capacity of a floodpialn area, particularly upstream from urban areas, is analyzed assuming an equal loss of flood storage for all property owners and subdivided lots in the storage area of a floodplain on both sides of a river or stream for a significant hydrologic reach. Note: The terms hydraulic and hydrologic can simply be defined as follows: "hydraulic" means the movement of water through a channel and its adjacent floodplain, and "hydrologic" means the storage of water within the floodplain based on volume. When hydraulic encroachment is Involved, water tends to back up causing higher flood levels upstream and when hydrologic encroachment occurs, the storage capacity Is reduced causing water to move more quickly through the watershed causing higher flood elevations downstream. (13) "EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION" - A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the Installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. (14) "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency that administers the National Flood Insurance Programo This agency was previously known as the Federal insurance Administration (FIA). The Division of Insurance and Mitigation Is contained within FEMA. (Should it be necessary to contact FEMA for information or assistance, the Region V Office of the Federal Emergency Management Agency's Division of insurance and Mitigation should be contacted.) (15) "FLOOD" OR "FLOODING" - A general and temporary condition of partial or complete Inundation of normally.dry land areas caused by the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (16) "FLOOD FRINGE" - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood; it Is generally associated with standing water rather than rapidly flowing water. (17) "FLOOD HAZARD BOUNDARY MAP" - A map prepared for the (city, village, county) by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. Said map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program. (18) "FLOOD INSURANCE STUDY" - A technical engineering examination, evaluation, and determination of the (city, village, county) flood hazard areas. it provides maps designating those areas affected by the regional flood and provides both flood Insurance rate zones and regional flood elevations as well as floodway lines. The flood hazard areas are designated as numbered A-Zones. Flood insurance study maps form the basis for both the regulatory and the Insurance aspects of the National Flood Insurance Program. Rev. 3/26/82 -32- Note: A "Flood Insurance Stud,.y," commonly referred to as an "FIS," is a written document providing both the historic flood information and data that was used to compile the flood elevations along rivers and streams studied within a municipality. The FIS provides the applicant or developer with a regional flood elevation which can be used to construct the f Irst floor of a bul Idi ng at the flood protection elevation. Any questions concerning how to use the Information contained In the study should be directed to the water management coordinator located In the district or area office of the Department of Natural Resources. Where a community has only a flood hazard boundary map to rely on, it is not possible to determine the regional flood elevation without first doing a case-by-case analysis. In such cases, the zoning administrator should contact the Department for assistance In determini,ng how to obtain or acquire the flood elevation information. It must also be remembered that a community can provide this service for the developer or, as Is provided for In this ordinance', require the applicant to provide the necessary cross sectional data to make these determinations. Where the provisions contained in Section 2.94 are exceeded, the applicant Is required to provide the calibrations and determinations at their expense. This Is not true where the community has a FIS with detailed regional flood elevations and floodways delineated; In cases such as this the developer must submit their detailed analysis without regard to dollar or size limitations. (19) 11FLOODPLAIN11 - That land which has been or may be hereafter covered by flood water during the regional flood. The floodplain Is comprised of the floodway and the flood fringe. (20) "FLOOD PROFILE" - A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. (21) "FLOOD PROOFING" - Any combination of structural and nonstructural additions, changes or adjustments which reduce or eliminate flood damage to unimproved or Improved real estate, water and sanitary facilities, structures and their contents. (22) "FLOOD PROTECTION ELEVATION" - An elevation that corresponds to a point two feet of freeboard above the water surface profile associated with the regional flood. (Also see: FREEBOARD.) (23) 11FLOODWAY11 - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry and discharge the flood water or flood flows associated with the regional flood without cumulatively increasing the water surface elevation more than 0.1 foot (3 cm.). (24) "FLOODWAY ENCROACHMENT LINES" - Represent the limits of obstruction to flood flows. These lines are designated on both sides of, and generally parallel to, the channel of a river or stream. They are established by assuming that the area landward (outside of the encroachment lines) will ultimately be developed in such a way that It will not convey flood flows, but the development will not cause an Increase to regional flood elevations upstream. It Is assumed that any development riverward of these lines will cause an obstruction and will require a detailed analysis (equal degree of hydraulic encroachment) to determine its effect on the regional f lood elevations upstream. (25) 11FREEBOARD" - Represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or stream bed. Rev. 3/26/82 -33- (26) "HIGH FLOOD DAMAGE POTENTIAL" - Any danger to human life or public health or the potential for any significant economic loss to a structure or its contents. Note: The term "high flood damage potential" Is referred to from time to time In the ordinance as a means of determining whether or not a use or structure can be developed below the required development standards as contained In Section 4.31. This determination Is not something that can be given a clear limit based on either cost or danger to life, health or property. Rather, it is an indicator that can be applied by the local board of adjustment/appeals In determining If a development can or cannot occur below the required standards for development. An example of high flood damage potential could be where a grocery store is constructed below the flood protection elevation and Is not flood proofed to the flood protection elevation, thereby exposing all of the produce within the store to flood damages. This type of situation could result In a significant economic loss to the contents, although not severely effecting the structure. In such a case, the board of adjustment/appeals would be justified In requiring the entire structure to be either elevated or floodproofed to the flood protection elevation. (27) "HYDRAULIC REACH" That portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks In the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes In stream bed slope or vegetation. (28) "HYDROLOGIC REACH" - A designated length of river, stream or lake where the storage of flood waters therein has been taken Into account to reduce the regulatory flood discharge. Major man-made or natural changes in the river character, limits of political jurisdiction, or a change In the flood-routing technique used to determine the storage and translation of a flood wave through the area of interest may be used to define the end of a hydrologic reach (e.g., a dam may be considered a major man-made change In the river character or a change from channel routing to reservoir routing may be considered a major change In the flood-routing technique). (29) "LAND USE" - Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) (30) 11MObILE HOME" - A structure transportable In one or more sections, which Is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to req uired utilities. For the purpose of this ordinance, it does not Include recreational vehicles or travel trailers. (31) "NONCONFORMING STRUCTURE" - An existing lawful structure or building which is not In conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which It occupies. (For example, an existing residential structure In the flood fringe district is a conforming use. However, if the first floor is lower than the flood protection elevation, the structure Is nonconforming.) (32) "NONCONFORMING USE" - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupieso (33) "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of this ordinance, as described in Section 2*2, which has been approved by the Department of Natural Resources and FEMA. Rev. 3/26/82 -34- (34) "OPEN SPACE USE" - Those uses having a relatively low flood damage potential and not involving structures. (35) "PERSON" - An individual, or group of Individuals, corporation, partnership, association, municipality or state agency. (36) "REGIONAL FLOOD" - A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical charact3ristics. The flood frequency of the regional flood Is once In every 100 years. This means that In any given year, there is a 1% chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional floood has a 26% chance of occurrence. (The regAonal flood Is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics In the general watershed region.) (37) "STORAGE CAPACITY OF A FLOODPLAIN11 - The volume of space above an area of floodplain land that can be occupied by flood water of a given stage at a given time, regardless of whether the water Is moving. (38) "STRUCTURE" - Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set Into the ground, stream bed or lake bed, which includes, but is not I Imited to, such objects as roofed and wal led buildings, gas or I iquid storage tanks, bridges, darns and culverts. I Note: The term "structure,, I I sts some examp I es of the types of th I ngs that cou I d be interpreted to be structures. Be aware that this list represents only an example of the types of objects that can be construed as structureso A common misconception is that a structure Is only a building that has a roof and four walls. Be aware it Is any manmade object that is placed on, in, over or under the ground, and Is not limited to only the examples listed. (39) "SUBSTANTIAL IMPROVEMENT" - Any structural repair, reconstruction, or Improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the present equalized assessed value of the structure either before the improvement or repair Is started, or If the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: (a) any project for Improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs Include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. (For purposes of this definition, "substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.) (40) "UNNECESSARY HARDSHIP" - Any unique and extreme Inability to conform to the provisions of this ordinance due to special conditions affecting a particular property which were not self-created and are not solely related to economic gain or loss. Unnecessary hardship Is present only where, in the absence of a variance, no feasible use can be made of the property. Rev. 3/26/82 -35- Note: in order for any variance to be granted, the board of adjustment/appeal, must determine if unnecessary hardship has been demonstrated sufficiently to warrant a permit to be Issued which is inconsistent with the dimensional standards as contained within the ordinance. An example would be In a case where a structure Is to be constructed on a substandard lot, where it Is impossible to satisfy requirements for the placing of fill and extending that fill 15 feet from the outside dimensions of the structure, either due to the narrow dimensions or the physical character of the lot, which would prevent the owner of the lot from being able to use the property If a variance is not granted. The considerations involved in determining unnecessary hardship are as varied as there are properties In a municipality. However, the board must clearly state in what way unnecessary hardship Is demonstrated before such variation is granted. (41) "UTILITIES" - Any public or private water supply, waste collection or disposal system, including, but not limited to, private and public wells and their attendant facilities, septic systems and public sewage collection systems. (42) "VARIANCE" - An authorization granted by the board of (adjustment/appeals) to construct, alter or use a structure In a manner which Is Inconsistent with the dimensional standards contained in this ordinance. Note: A variance may not be used to permit a use of property otherwise prohibited by this ordinance. Unnecessary hardship must be demonstrated by the appli.cant/property owner before a variance can be granted. Date of Public Hearing: Date of Adoption: Date of Publication: Note: be aware that the provisions contained In this model ordinance represent both the minimum regulatory standards required in Chapter NR 116, Wisconsin Administrative Code, and certain minimum standards prescribed by the National Flood Insurance Program. Section 87.300)(b), Wisconsin Statutes, permits a county, city, village or town to adopt a floodplain zoning ordinance that is more restrictive than the provisions required by the State, but it cannot be less restrictive. Should a municipality want to adopt an ordinance that Is more restrictive, they can receive assistance from the Department's Floodplain-Shoreland Management staff in developing such an ordinance. Some municipalities simply allow no development within their designated regional floodplain districts other than that associated with open space recreational use. Th 1 s mode I ord I nance needs on I y to have the b I ank spaces f I I I ed I n or have 11c I ty, 11 'IV I I I age" or "county," or "board of adjustment" or "board of appeals" designated. ---------------------------------------------------------------------------- Rev. 3/26/82 -36- ------------------------------------------------------------------ Before taking of-ficial action to adopt a floodplain zoning ordinance, the municipality should submit the ordinance to the Department's District or Area office. it is recommended that the ordinance be submitted to the Department at least 30 days prior to the public hearing on the. ordinance. The purpose of this reView time I.s to allow the Department to adequately review the proposed ordinance to determlhla whether or not it meets all minimum standards. In all cases, municipalities shoul"d contact the Department prior to designating their official floodplain zoning,map to ensure that they are using the most recent and most accurate map available as the4,r official floodplain zoning map. 0973H.PERM Rev. 3/26/82 I L NL N SHORELAMD REGULATORY FRAMEWORK Section 59.971, Wisconsin Statutes Statutory Authority f or Shoreland Zoning 59.971 Zoning of shorelands an navigable 144.26 are served by a regional planning com- waters. (1) To effect the purposes of s. 144.76 mission under s. 66.945, the commission may, and to promote the public health, safety and with its Consent, be empowered by the ordinance general welfare, counties may, by ordinance of agrectneat to administer each ordinance en- enacted separately from ordinances pursuant to acted hereunder throughout its enacting munici- s. 59.97, zone all lands (refirred to herein as pality, whether or not the area otherwise served shorelands) in their unincorporated areas by the commission includes all of that within the following distances from the normal municipality. high-water elevation of navigable waters as de- (b) Variances and appeals regarding shore- fined in s. 144.26 (2) (d): 1,000 feet from a lands within a county are for the board of lake, pond or flowage; 300 feet from a river or adjustment for that county under s. 59.99, and stream or to the landward side of the flood plain, the procedures of that section apply. whichever distance is greater. If the navigable (5) An ordinance enacted under this section water is a glacial pothole lake, the distance shall supersedes all provisions of an ordinance en- be measured from the high watermark thereof. acted under s. 59.97 that relate to shorelands. (2) (a) Except as otherwise specified, all (6) If any county does not adopt an ordi. provisions of s. 59.97 apply to ordinances and nance by January 1, 1968, or if the department their amendments enacted under this section, of natural resources, after notice and hearing. but they shall not require approval or be subject determines that a county has adopted an ordi- to disapproval by any town or town board. nance which fails to meet reasonable minimum (6) If an existing town ordinance relating to standards in accomplishing the shorcland pro. shorclands is more restrictive than an ordinance tection objectives of s. 144.26 ( 1), the depart- later enacted under this section affecting the Mcnt of natural resources shalt adopt such an same shorelands, it continues as a town ordi- ordinance. As far as possible, s. 87.30 shall nance in all respects to the extent of the greater apply to this subsection. restrictions, but not otherwise. See note to art. 1. sec. 13'citingjustv. Marinette County. (c) Ordinances enacted under this section 56 W (2d) 7. 201 NW (2d) 761. County floodplain zoning ordinances may be adopted shall accord and be consistent with any compre- under 59.971 and do not require the approval of town boards hcnsivc zoning plan or general zoning ordinance in order to become effective within the unincorporated areas of the county. 62 Atty. Gen. 264. applicable to the enacting counties, so far as Counties may zone lands located within 300 feet of an ar- practicable. tificial ditch that is navigable in fact. 63 Atty. Gen. S7. County shorcland zoning of unincorporated areas adopted (3) All powers granted to a county under s. under 59.971 is not superseded by municipal extraterritorial 236.45 may be exercised by it with respect to zoning under 62.23 (7a). Sections 59.971. 62.23 (7). (7a) and 144.26 discussed. Municipal extraterritorial zoning shoreland3, but it must have or provide a plan- within shorclands is effeciiive insofar as it is consistent with, or ning agency as defined in s. 236.02 (1 more restrictive then. the wunty shoreland zoning regula- tions. 63 Atty. Gen. 69. (4) (a) Section 66.30 applies to this section, The necessity of zoning variance or amendments notice to except that for the purposes of this section any the Wisconsin department of natural resources under the shoraland zoning and navigable waters protection acts. agreement under s. 66.30 shall be effected by Whip* 57 MLR 23. ordinance. If the municipalities as defined in s. C-1 Co. 2/82' The following pages are Chapter NR 115, Wisconsin Administrative Code, Wisconsin's Shoreland Management Program. It specifies the rules and procedures for regulating shorelands in Wisconsin. Co. 2/82 C-2 352 WISCONSIN ADMINISTRATIVE CODE WK 113 DEPARTMENT OF NATURAL RESOURCES 351 N111 113 tion, are not subject to local shoreland zoning ordinances, if a. 30.12(4) (a), Stats., applies. History: Cr. Register,.July. 198o. No. 295, eff. 8-1 80; am ltegWer. Oaob@r. 1980. No. 298. Chapter NR n 15 eff. 11-1-80. NR 115.03 Definitions. For the purpose of this chapter: WISCONSIN'S SHORELAND MANAGEMENT (1) "Boathouse" means a permanent structure used for the storap of PROGRAM watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these NR 115.01 Purpose NR 115.05 Shoreland regulation otan. structural parts. NR 115.02 Applicability clards and criteria NR 115.03 Definitions NR 115.06 Department duties (2) "County -zoning agency" means that committee or commission NR 115.04 Severability created or designated by the county board under s. 59.97 (2) (a), Stats., Note: Chapter NR 115 as it existed on July 31. 1980 was repealed and a new chapter NR to act in all matters pertaining to county planning and zoning. I IS was created effective August 1. 1980. (3) "Department" means the department of natural resources. NH 115.01 Purpose. (1) Section 59.971, Stats., requires counties to (4) "Flood plain" means the land which has been or may be hereafter adopt zoning and subdivision regulations for the protection of all shore- covered by flood water during the regional flood. The flood plain in- lands in unincorporated areas by January 1, 1968, and provides that if cludes the floodway and the flood fringe as those terms are defined in the department of natural resources determines, after notice and hear- chapter NR 116, Wis. Adm. Code. ing, that a county has not adopted a shoreland ordinance by January 1, 1968, or that a county has adopted an ordinance which fails to meet rea- (5) "Navigable waters" means Lake Superior, Lake Michigan, all nat- sonable minimum standards in accomplishing the shoreland protection ural inland Rakes within Wisconsin and all streams, ponds, sloughs, flow- objectives found in s. 114.26, 1144.261 Stats., the department is to adopt ages and other waters within the territorial limits of this state, including a shoreland ordinance to be administered by that county. the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under s. 144.26 (2) (d), Stats., notwithstanding (2) Section 114.26, 1144.261 Stats., provides that shoreland subdivi- any other provision of law or administrative rule promulgated there- sion and zoning regulations shall: "further the maintenance of safe and under, shoreland ordinances required under s. 59.971, Stats., and this healthful conditions; prevent and control water pollution; protect chapter do not apply to lands adjacent to farm drainage ditches if: spawning grounds, fish and aquatic life; control building sites, place- ment of structure and land uses and reserve shore cover and natural (a) Such lands are not adjacent to a natural navigable stream or river; beauty." (b) Those parts of such drainage ditches adjacent to such lands were (3) It is the responsibility of the department of natural resources, in nonnavigable streams before ditching or had no previous stream history; the discharge of its mandate under as. 59.971 and 144.26, Stats., to re- and quire adherence to specific standards and criteria for navigable water (c) Such lands are maintained in nonstructural agricultural use. protection regulations and their administration. Section 144.26, Stat&, provides that: "Such standards and criteria shall give particular atten- Fqo2o: In Muench v. Public Service Commission, 261 Wim. 492 41952), the Wisconsin tion to safe and healthful conditions for the enjoyment of aquatic. recre- Supreme Court hold that a stream is navigable in fact if it is capable or nesting any boat. obiff, ow canoe. of the ahallowect draft used for recreational purpones. In DeGayne, and Co.. ation; the demands of water traffic, boating and water sports; the capa- Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975), the court ciao hold that a bility of the water resource; requirements necessary to assure prope? stream need not be navigable in its normal or natural condition to bo navigable in fact. The operation of septic tank disposal fields near navigable waters; building DeGayner opinion indicateb that it is proper to consider artificial conditiona. ouch no beaver dam . whore ouch conditions have eniated long enough to make a stream useful so a highway setbacks from the water; preservation of shore growth and cover; consew- Coy recreation or commerce. and to consider ordinarily recurring seasonal fluctuations, ouch vancy uses for low lying lands; shoreland layout for residential and com- as opring noodo, in determining the navigability of a atream. mercial development; sug ested regulations and suggestions for the ef- fective administration anil enforcement of such regulations." (6) "Ordinary high-water mark" means the point on the bank or shore up to which the presence and action of surface water is so continu- Magary: Cr. Register. July, 1980, No. 295, off. a- i -So. ous as to leave a distinctive mark such as by erosion, destruction or pre- vention of terrestrial vegetation, predominance of aquatic ve etation, or HR a 15.02 Applicability. The provisions of this chapter are applica- other easily recognized characteristic. Where the bank or Zore at any 00 ble to county regulation of the use and development of unincorporated particular place is of such character that it is difficult or impossible to PO shoreland areas. Unless specifically exempted by law, all cities, villages, ascertain where the point of ordinary high-water mark is, recourse may towns, counties and, when s. 13.48 (13), Stats., applies, state agencies be had to the opposite bank of a stream or to other places on the shore of are required to comply with, and obtain all necessary permits under, a lake or flowage to determine whether a given stage of water is above o.r local shoreland ordinances. The construction, reconstruction, mainte- below the ordinary high-water mark. nance and repair of state highways and bridges, carried out under the Register, October. 1980. No. 298 direction and supervision of the Wisconsin department of transports- Environmental Protection Register. October, 1980. No. 298 Environmental Protection I 354 WISCONSIN ADMINISTRATIVE CODE DEPARTMENT OF NATURAL RESOURCES 353 NX 115 NR titi Before the department prepares final Wisconsin wetland inventory (7) "ReTional flood" means a flood determined to be representative of maps: 00 large floo S known to have generally occurred in Wisconsin and which 1. The department shall transmit to the county zoning agency desig- r%a May be expected to occur on a particular stream because of like physical nated under 9. 59.97 (2) (a), Stats., copies of preliminary wetland in- characteristics once in every 100 years. ventory maps for that county. Note: The regional nood in based upon a statistical analysis of strearnflow, records avail. 2. The county zoning agency shall have 90 days to review the prelimi- able for the watershed and/or an analysis of rainfall and runoff characteristics in the general watershed region. The n,mKi frequency of the regional noud is once in every 100 years. In any nary maps unless the review period is extended by written approval of give. year. there is a I '. chance that the relli'Mal FIOW may occur. During a typical 30-year the department, but in no case shall the review period extend for more mortgage period. the regional n,@,d has a 26'. chanceo[ occurring. than 180 days. (8) "Shorelands" means lands within the following distances from the 3. The county zoning agency shall hold a public hearing to solicit pub- ordinary high-water mairk of navigable waters: 1,000 feet from a lake, lic comments on the preliminary wetland inventory maps. Notice of the pond of flowage; and 300 feet from a river or stream or to the landward time and Elace of the hearing shall be mailed to the town clerk of each side of the flood plain, whichever distance is greater. town in t e county and shall be published as a class I notice, under (9) "Shoreland-wetland zoning district" means a zoning district, cre- ch. 985, Stats. ated as a part of a county shoreland zoning ordinance, comprised of 4. On or before the last day of the review period, the county zoning shorelands that are designated as wetlands on the Wisconsin wetland agency shall return the preliminary maps to the department. If the inventory maps prepared by the department. county zoning agency believes that the preliminary maps are inaccurate, discrepancies shall be noted on the maps with an accompanying narra- (10) "Special exception (conditional use) " means a use which is per- tive explaining the problem areas. mitted by a shoreland zoning ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the 5. The department shall schedule a meeting with the county zoning board of adjustment or, where appropriate, the planning and zoning agency within 30 days of the return of the preliminary maps if the n committee or county board. county zonin ageny has indicated that they believe that there are inac- 0 Ob 0 1) "Unnecessary hardship" means that circumstance where special curacies on I maps. conditions affecting a particular property, which were not self-created, 6. After meeting with the county zoning agency to discuss apparent have made strict conformity with restrictions overning area, setbacks, map inaccuracies, the department shall, at department expense, consult frontage, height or density unnecessarily lable soil survey maps and conduct on-site inspections, if app . burfensome or unreasonable avai ropri- in light of the purposes of the zoning Ordinance. ate, in order to evaluate the county recommendations, and shall then (12) "Variance" means an authorization granted by the board ofad- prepare the final Wisconsin wetland inventory maps for that county. justment to construct, filter or use a building or structure in a manner 7. The adoption of a final Wisconsin wetland inventory map is a final that deviates from the requirements of a shoreland zoning ordinance, decision of the department and may be reviewed as provided in ch. 227, stilts. (13) "Wetlands" means those areas where water is at, near or above (b) County adoption of shoreland-wet land zoning. 1. Each county the land surface long enough to be capable of supporting aquatic or by- shall, within 6 months after receipt of final Wisconsin wetland invento.y drophytic vegetation, and which have soils indicative of wet conditions. Maps for that county from the department, zone all shorelands within Mowry: Cr. Register. July. 1980. No. 295. off. 8-1 .80; ren.m. (21 to (12) to be (3) to (13). the county that are designated as wetlands on the Wisconsin wetland er. 421, r. and recr. (7), am. (I I @ and (13). Register, October. 1980. No. 298. off. I 1 -1-80. inventory li,ps, in I shoreland-wetland zoning district. NR 115.04 Severability. Should any provision of this chapter be de- 2. Ordinance test and map amendments creating shoreland-wetland clared invalid or unconstitutional for any reason, the remainder of this zoning districts shall be referred to the county zoning agency for public chapter shall not be affected thereby. hearing as required by s. 59.97 (5) (e) 1, Stats. Hictory. Cr. Regiater, Juty, 19M, No. 295. eff. 8- 1. -90. 3, The appropriate district office of the department shall beprovided with a copy of the proposed text and map amendments and with written NR 115.05 ShoreRand regulation standairdo and cirlteir6a. (1) Es- notice of the public hearing at least 10 days prior to such hearing. TABLISHMENT OV APPROPRIATE ZONING DISTRICTS. Counties shall adopt shoreland ordinances that include, at a minimum, zoning regulations for (c) Permitted uses in shoreland-wet land zoning districts. Within shoreland-wetland zoning districts. Other types of districts (such as shoreland-wetland zoning districta, counties shall permit the following general purpose, agricultural, industrial, commercial, residential, recre- uses subject to the general requirements of sub. (3), the provisions of ational, conservancy, or wetlands districts) may be created in addition chs. 30 and 31, Stata., and other state and federal laws, if applicable: to shoreland-wetland zoning districts. 1. Hiking, fishing, trapping, hunting, swimming and boating. (2) ESTABLIS11MENT AND REGULATION OF SHORELAND-WETLAND ZONING Register, October, 1980, No. 298 DISTRICTS. (a) Counly review of preliminary wetland inventory maps. Environmental Protection Register. October, 1980. No. 298 Environmental Protection DEPARTMENT OF NATURAL RESOURCES 354-R 354-2 WISCONSIN ADMINISTRATIVE CODE NR BOB WR Ila 2. The harvesting of wild crops, such as marsh hay, ferns, moss, wild or operator of a new private recreation or wildlife area to be located in a rice, berries, tree fruits and tree seeds, in a manner that is not injurious shoFeland-wetland zoning district shall be required to notify the county to the natural reproduction of such crops and that does not involve Titl- zoning agency of the proposed project before beginning construction. ing, flooding, draining, dredging, ditching, tiling or eacavoting. Ditching, encavating, dredging, dike and dam construction shall be al- loved in wildlife refuges, game preserves, and private wildlife habitat 3. The practice of silviculture, incSuding tNe planting, &htnnany and areas for the purpose of improving wildlife habitat or to otherwise en- harvesting of timber, provided that no filling, flooding, r redg- hance wetland values. ing, ditching, tiling or excavating is done except as required to construct and maintain roads which are necessary to conduct silvicultural activi- 10. The construction and maintenance of electric, gas, telephone, ties, which cannot as a practical matter be located outside the wetland, @@7a&eir ond sewer transmission and distribution lines, and related facili- and which are designed and const7ucted to minimize the adverse impact ties, by public utilities and cooperative associations organized for tbe upon the natural functions of the wetland, or encept as required for tem- purpose of producing or furnishing heat, light, power air water to their porary water level stabilization measures to alleviate abnormally wet of members, which cannot as a practical matter be located outside the wet- dry conditions which would have an adverse impact on the conduct of land, provided that any filling, excavating, ditching or draining neces- silvicultural activities if not corrected. sary for such construction or maintenance is done in a manner design@d to minimize flooding and other adverse impacts upon the natural func- Note: Local units of government. in the development and application of ordinancenwhich tions of the wetland. apply to shoreland areas, must consider other programs of statewide interest and other state regulations affecting the lands to be regulated, L a. regulations and management practices Hate: Mgjor electrical generating facilities and high-voltage (rangmianion lineg that have applicable to state and county forests and lands entered under the forest cropland and obtained a certificate of public convenience and necessity under a. 196.491, Stats., ore not woodland tax law programs. cubject to the requirements of local ordinances. 4. The pasturing of livestock and the construction and maintenance of 11. The construction and maintenance of railroad lines which cannot fences, provided that no filling, flooding, draining, dredging, ditching, as a practical matter be located outside the wetland, provided that any tiling or excavating is done. filling, eRcavating, ditching or draining necessary for such construction 5. The cultivation of agricultural crops if cultivation can be accom- or maintenance is done in a manner designed to minimize flooding and plished without filling, flooding or artificial drainage of the wetland othur adverse impacts upon the natural functions of the wetland. through ditching, tiling, dredging or excavating except that flooding, 12. The maintenance, repair, replacement, and reconstruction of en- dike and dam construction, and ditching shall be allowed for the pur- isting town and county highways and bridges. pose of growing and harvesting. aanberries. The maintenance and repair of existing drainage systems (such as ditching and tiling) shall be per- (d) Prohibited uses in shoreland-wet land zoning districts. Any use mitted. The construction and maintenance of roads shall be permitted if not permitted in par. (c) is prohibited in a shoreland-wetland zoning the roads are necessary for agricultural cultivation, cannot as a practical district unless the wetland or portion thereof is rezoned by amendment matter be located outside the wetland, and are designed and constructed of the county shoreland zoning ordinance in accordance with s. 59.79 (5) to minimize the adverse impact upon the natural functions of the wet- (e), Stats., and the procedures outlined in par. (e) land. (e) Rezoning of shoreland-wet land zoning districts. 1. Official ordi- 6. The construction and maintenance of duck blinds provided that no nance amendments are required for any change in shoreland-wetland filling, flooding, draining, dredging, ditching, tiling or excavating is zoning. Such amendments shall be made upon petition in accordance done. with provisions of a. 59.97 (5) (e), Stats. 7. The construction and maintenance of nonresidential buildings used 2. The cniiptv clerk shall submit a copy of every petition for an solely in conjunction with the raising of waterfowl, minnows, or other amendmerst. t- " bitoreland-wetiand zoning district to the appropriate wetland or aquatic animals, or used solely for some other purpose which district office of the department within 5 days of the filing of such peti- is compatible with wetland preservation if such building cannot as a tion with the clerk. practical matter be located outside the wetland, not to exceed 500 square feet. provided that no filling, flooding, draining, dredging ditch- 3. All proposed text and map amendments to shoreland-wetland zon- ing, tiling or excavating is done. ing districts shall be referred to the county zoning for a public notice and hearing as required by s. 59.97 (5) (e) 3., Stats.The appropriate district 8. The construction and maintenance of piers, docks and walkw a, office of the department shall be provided with written notice of the including those built on pilings, provided that no filling, flooding, drIds- public hearing at least 10 days prior to such hearing. ONS ing, draining, ditching, tiling or excavating is done. 4. In order to ensure that the shoreland protection objectives found in 9. The establishment and develpment of public and private parks and a. 144.26, Stat8., will be accomplished by the county shoreland ordi- recreation areas, boat access sites, natural and outdoor education areas, nance, a county shall not rezone a shoreland-wetiand zoning district, or historic and scientific areas, wildlife refuges, game preserves and private portion thereof, if the proposed rezoning may result in a significant ad- wildlife habitat areas, provided that no filling is done and that any pri- verse impact upon any of the following: vate wildlife habitat area is used exclusively for that purpose. The owner Register, October, 1980. No. 298 Register, October, 1980, No. 298 Environmental Protection Environmental Protection DEPARTMENT OF NATURAL RESOURCES 354-3 354-4 NR 115 WISCONSIN ADMINISTHATIVF ('ODE NK 115 but shall have its effect stayed until the s.59.971 (6), Slats., procedure is completed or otherwise terminated. a. Storm and flood water storage capacity; 00 'F ZONING REGULATIONS FoR b@, Maintenance of dry season stream flow, or the discharge of ground- (3) ESTAHISHMENTC S110RELAND AREAS. The water to a wetland, the recharge of groundwater from a wetland to an- shoreland zoning 11. )rdinance adopted by each county shall provide suffi- other area, or the flow of groundwater through a wetland; cient control of t e use ofshorelands to afford the protection of water quality as specified in chs. Nit 102 and Nit 10:1. "'is. Adm. Code. At a c. Filtering or storage of sediments, nutrients, heavy metals or organic minimum, the ordinance shall include the following provisions: ,compounds that would otherwise drain into navigable waters; (a) Minirnurn lot sizcs. Minimum lot sizes in the shoreland area shall d. Shoreline protection against soil erosion; he established to afford prolection against danger to health, safety and welfare, and protection against pollution of the adjacent hody of water. e. Fish spawning, breeding, nursery or feeding grounds; 1. Lots served by public Sanitary sewer shall have a minimum average f. Wildlife habitat; or width of'65 feet arid a mininium area of 10,000 square feet. g. Areas of special recreational, scenic or scientific interest, including 2. Lots not served by public sani(ory sewer shall have a miniinum-av- scarce wetland types. erage width of 100 feet and a minimum area of 20,000 square leet. 5. If the department determines that the proposed rezoning may have (b) Building setbacks. Permitted building setbacks shall hj estab- a significant adverse impact upon any of the criteria listed in subd. 4. the lished to conform to health, safety and welfare requirements, preserve department shall notify the county zoning agency of its determination natural beauty. reduce flood hazards and avoid water pollution. either prioir to or during the public hearing held on the proposed amend- ment. 1. Unless an existing development pattern exists, a setback of 75 feet, from the ordinary high-water mark of an adjacent body of water to the 6. As soon as possible after holding a public hearing, the county zoning nearest part of a building or structure, shall be required for all buildings agency shall submit its written findings and recommendations to the and structures, except piers, boat hoists and boathouses. county board. Said findings shall outline the reasons for the agency's recommendations. After receipt of the county zoning agency's findings 2. Buildings and structures to he constructed or placed in a flood plain and recommendations, the board may approve or disapprove of the pro- shah be required to comply with any applicable flood plain zoning ordi- posed amendment. nance. 7. The appropriate district office of the department shall be provided 3. The use of boathouses for human habitation and the construction or with: placing of boathouses beyond the ordinary high-water mark of any navi- a. A copy of the county zoning agency's findings and recommenda- gable waters shall be prohibited. tions on the proposed amendment within 10 days after the submission of (c) Trees and shrubber@y. The cutting of trees and shrubbery shall be those findings and recommendations to the county board; end regulated to protect natural beauty, control erosion and reduce the flow of effluents, sediments and nutrients from the shoreland area. b. Written notice of the board's decision on the proposed amendment within 10 days after it is issued. 1. In the strip of land 35 feet wide inland from the ordinary high-water 8. If the county board approves of the proposed amendment and the mark, no more than 30 feet in any 100 feet shall be clear-cut. * department determines, after review as required by section NR 115.06 2. In shon. land areas more than 35 feet inland, trees and shrub cutting (2) (c), that the county shoreland zoning ordinance if so amended shall be governed by consideration of the effect on water quality.and would no longer comply with the requirements of s. 59.971, Stats., and consideration of sound forestry practices and soil conservation prac- this chapter, the department shall, after notice and hearing, adopt a tices. complying ordinance for the county, under s. 59.971 (6), Stats. 3. The tree and shrubbery cutting regulations required by this para- 9. If the department has notified the county zoning agency that a pro- graph shall not apply to the removal of dead, diseased or dying trees or posed amendment may have a significant adverse impact upon any of shrubbery. the criteria listed in subd. 4., that proposed amendment, if approved by (d) Filling, grading, lagooning, dredging, ditching and excavating. the county board, shall not become effective until more than 30 days Filling, grading, lagooning, dredging, ditching and excavating may be have elapsed since written notice of the county board's approval was permitted only in accordance with the provisions of sub. (2), the re- mailed to the department, as required by subd. 7. Rf within the 30-day quirements of ch. 30, Stats., and other state and federal laws where ap- period the department notifies the county board that the department plicable, and only if done in a manner designed to minimize erosion, intends to adopt a superseding shoreland zoning ordinance for the sedimentation and impairment of fish and wildlife habitat. county under s. 59-971 (6), Stats., the proposed amendment shall not become effective while the ordinance adoption procedure is proceeding, Resister, October, 19W, No. 298 Environmental Protection Regi.ter. Octolmer. 19PA). No. 298 Environmental Prolection :354-6 WISCONSIN ADMINISTRATIVE CODE DEPARTMENT OF NATURAL RESOURCES 354-5 NR 115 Na 113 (0 The appointment ol'an administrator and suchadditional stalf as (e) Nonconforming uses. 1. Under s. 59.97 (10). Stats., the continua- the workload may require. tion of the lawful use of a building, structure or property, existing at the (b) The creation ofa zoning agency, as authorized by s. 59.97. StaAs., a time an ordinance or ordinance amendment takes effect, which is not in boeird of adjustment. its authorized by s. 59.99-Stats., and a county plan- conformity with the provisions of the ordinance or amendment, includ- ing routine maintenance of such & building or structure, shall not be ning agency, as defined it) s. 236.02 (1), Stats., and required by s. 59.971 prohibited, but the alteration of, addition to, or repair, over the life of (3), Stats. the building or structure, in ercess of 50',, of the equalized assessed (c) A system ofpermits for all new construction, development, recon- value of an existing nonconforming building or structure may be prohib- struction, structural alteration or moving of buildings and structures, A ited. If a county prohibits alteration, addition or repair in excess of 50% copy of all applications shall be required to be filed in the office of the of the equalized assessed value of an existing nonconforming building or county zoning admioistrator. structure, the property owner may either appeal the decision to the county board of adjustment and seek court review if the board's deter- (d) Regular inspection of'permitted work in progress to insure con- mination is unfavorable, under ss. 59-99 (4) and 59.99 (10), Stats., or pe- formity of the finished structures with the terms of the ordinance. tition to have the property rezoned under a. NR 115.05 (2) (e) Wis. Adm. Code and a. 59.97 (5) (e), Stats. (e) A variance procedure which authorizes the board of adjustment to grant such variance from the terms of the ordinance as will not be con- 2. The continuance of the nonconforming use of a temporary structure trary to the public interest where, owing to special conditions and the may be prohibited. adoption of the shoreland zoning ordinance, a literal enforcement ofthe provisions of the ordinance will result in unnecessary hardship, as long 3. If a nonconforming use is discontinued for a period of 12 months, as the granting of a variance does not have the effect of granting or in- any future use of the building, structure or property shall conform to the creasing any use of property which is prohibted in that zoning district by ordinance. the shoreland zoning ordinance. 4. The maintenance and repair of nonconforming boathouses which (f) A special exception (conditional use) procedure for uses present- extend beyond the ordinary high-water mark of any navigable waters ing special problems. shall be required to comply with a. 30.121, Stats. (g) The county shall keep a complete record of all proceedings before (4) ESTABLISHMENT OF LAND DIVISION REViEw. Each county shall re- the board of adjustment, zoning agency and planning agency. view, pursuant to a. 236.45, Stats., all land divisions in shoreland areas which create 3 or more parcels or building sites of 5 acres each or less (h) Written notice to the appropriate district office of the department within a 5-year period. In such review the following factors should be at least 10 days prior to hearings on proposed variances, special excep- considered: tions (conditional uses), appeals for map or text interpretations, and map or text amendments, and submission to the same office of the de- (a) Hazards to the health, safety or welfare of future residents. partment of copies of decisions oil variances, special exceptions (condi- (b) Proper relationship to adjoining areas. tional uses), appeals for map or text interpretations, and map or text .amendments within 10 days after they are granted or denied. (c) Public access to navigable waters, as required by law. (i) Mapped zoning districts and the recording, on an official copy of (d) Adequate storm drainage facilities. such map, of all district boundary amendments. (e) Conformity to state law and administrative code provisions. 0) The establishment of appropriate penalties for violations of vari- ous provisions of the ordinance, including forfeitures. Compliance with (5) ESTABLISHMENT OF SANITARY REGULATION& Each county shall the ordinance shall be enforceable by the use of injunctions to prevent or adopt sanitary regulations for the protection of health and the preserva- abate a violation, as provided in s. 59.97 (11), Stats. tion and enhancement of water quality. W The prosecution of violations of the shoreland ordinance. (a) Where public water supply systems are not available, private well History: Cr. Register_luly, 1980, Nti. 295, eff. 8-1 FA); r. and recr. (2) (al:l.. am. (2) (a)6.. 0 construction shall be required to conform to ch. NR 112, Wis. Adm. (21 (03-,5.,7..9., 10, Go (d), 1:1) (e) 1. and cr. 12) (011 and 12.. ,eg,ster. October, 1980, Code. N- 298. eo. 11 - 1 -81). NR 115.06 Department duties. (1) ASSISTANCE TO couNTiEs. To the (b) Where a public sewage collection and treatment system is not co available, design and construction ofyrivate sewage disposal systems full extent of its available resources, the department shall provide advice shall, prior to July 1. 1980, be require to comply with a. H 62.20, Wis. and assistance to counties in the development, zoning aria adoption, administration Adm. Code, and after June 30, 1980, be governed by a private sewage and enforcement of their shoreland land division ordinances, system ordinance adopted by the county under a. 59.065, Stats. seeking the highest practicable degree of uniformity consistent with the shoreland protection objectives found in s. 144.26, Stats. As a part of this (6) Adoption of administrative and enforcement provisions. The effort, the department shall prepare a model shoreland zoning ordi- 8horeland ordinance adopted by each county shall provide for: Register. October. 1980. No. 298 Register. October, 1980, No. 298 Frivironmental Protection Environmental Protection I 354-8 WISCONSIN ADMINISTRATIVE CODE r) DEPARTMENT OF NATURAL RESOURCES 354-7 NK 113 ? NK 115 (b) May appeal the actions of county zoning tdficials to county boards nance which counties may use in meeting the requirements of s. 59.971, of adjustment. under s. 59.99 (4), Scats.; and Stats., and -this chapter. - (c) May seek court review of the decisions of boards of adjustment, (2) REVIEW AND APPROVAL OF SHORELAND ZONING AND LAND DIVISION under s. 59.99 (10), Stats. ORDINANCES. (a) Compliance with the requirements of a. 59.971, Stats., History:Cr. Register-1.1y. 19W, N- 295,efJ.8-1-80;arn. 4:1) 410.1tegister.October, 1980. will be determined by the department by comparing the shoreland zon- N., 298. eff. I I 1 80 in and land division ordiance that has been enacted by a county with tM minimum standatds for shoreland regulation contained in section Nk 115.05, Wis. Adm. Code. The department shall issue a certificate of com liance when a county has, in the opinion of the department, com- pliegwith's. 59.971, Stats., and this chapter. (b) The department shall periodically reevaluate shoreland zoning and land division ordinances to ascertain their continuing compliance with a. NR 115.05, Wis. Adm. Code. A county shall keep its shoreland ordinance current, effective and workable to retain its status of compli- shce. (c) The department shall review all proposed amendments to shore- land-wetland zoning districts pursuant to NR 115.05 (2) (e) 5., Wis. Adm. Code, to ensure that an ordinance which is amended as proposed will retain its status of compliance with s. 59.971, Stats., and this chap- ter. (3) DETERMINATION OF NONCOMPLIANCE. (a) Counties which do not have a shoreland zoning and land division ordinance in effect shall be 00 deemed to be in noncompliance with s. 59.971, Stats., and this chapter. The department shall, pursuant to a. 59.971 (6), Scats., adopt an ordi- nance, after notice and hearing, if a county fails to either: 1. Proceed with the-drafting and enactment of shoreland regulations within a given time period, or; 2. Contract with a consultant to draft the regulations within a given time period, or; 3. Cooperate with the staff of the department to draft the shoreland ordinance to he enacted by the county within a given time period. All costs for such action by the department shall be borne by the noncom- plying county. (b) Counties which have shoreland zoning and land division ordi- nahces that do not meet the minimum standards contained in section NH 115.05, Wis. Adm. Code, shall be deemed to be in noncompliance with the requirements of s. 59.971, Stats., and this chapter. If a county fails to modify its ordinance to meet the minimum standards within 6 months after receipt of final Wiscbnsin wetland inventory maps for that county, the department shall adopt an ordinance for the county, after notice and hearing, pursuant to s. 59.971 (6), Stats. (4) MONITORING. It is the responsibility of the department, to aid in the fulfillment of ihe state's role as trustee of its navigable waters, to monitor the administration and enforcement of shoreland zoning and land division ordinances. In so doing, the department: @(a) Shall review decisions granting special exceptions (conditional uses), variances and appeals:to ensure compliance with the applicable ghdfelarid zoning ordinances and this chapter; Register, October, 1980. No. 298 Environmental Protection lt@gi.tvr. Ot t,,her. WWI. No. '248 Prolection The following pages list amendments that counties can use to revise their existing shoreland protection ordinance. The amendments were prepared by the DNR, and address the recent revisions to NR 115 requiring regulation of wetlands in shoreland areas. C-9 Co. 2/82 0 9 0 MODEL SHORELAND - WETLAND ZONING ORDINANCE AMENDMENTS Wisconsin Department of Natural Resources Bureau of Water Regulation and Zoning 1982 Outline I. Definitions 11. Compliance or Applicability Agencies Regulated 5 111. Existing Jurisdiction Lands Regulated 6 IV. Shoreland - Wetland District 11 Permitted Uses Rezoning Procedures V. Water Setback Boathouse Provision 21 VI. Filling, Grading, Lagooning, and Dredging Limitations Imposed 22 VII. Nonconforming Uses Mandatory and Optional Provisions 23 VIII. Administration Variance Provisions 25 IX. Administration Notices Required 26 0 9 0 MODEL SHORELAND - WETLAND ZONING ORDINANCE COMMENTARY The following is a list of shoreland zoning This commentary is intended to explain portions ordinance provisions which may be used to bring of the Model Shoreland Wetland Ordinance. It existing shoreland ordinances into compliance should be used to understand the changes in with the new requirements of Chapter WR 115, MR @15, but it is not meant to be adopted as part Wisconsin Administrative Code, which became of a county's shoreland ordinance. effective on November 1, 1980. Every Wisconsin county is required to incorporate these or comparable provisions into its shoreland zoning ordinance within six months after receiving final Wisconsin Wetland Inventory maps from the Department of Natural Resources. Most of these suggested ordinance provisions deal with th@_ regulation of wetlands in the shoreT-a-ncT -area, but some apply to the entire shoreland area as weTT_. I. ADD THE FOLLOWING DEFINITIONS TO THE I. DEFINITIONS SECTION DEFINITIONS SECTION OF THE SHORELAND ORDINANCE: Coun@y Zoning Agency means that committee The definitions are intended to clarify the or commission created or designated by the ordinance and provide for uniform County Board under section 59.97(2)(a), enforcement. As such, it is important that Wisconsin Statutes, to act in all matters they be included in each county's pertaining to county planning and zoning. shoreland-wetland zoning ordinance. (Hopefully, they are self-explanatory!) Department means the Department of Natural Resources. Drainage @ystem means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. Co. 4/82 MODEL ORDINANCE COMMENTARY Flobftlaih Mea"hs the land which has been or may, be heeeifter covered by f1bod wate"r ddti'6 the lrd'giohal flood. The floodol6in .- 9 ihclUde� the f1b6'dwAy 6hd the flood ffihge as those term's Are defined in Chapter No 06, Wisconsin Administrative Code. Navigable waters means Lake Superior, Lake NOTE: Mapy areas identified as wetlands on the Michigan, all natural inland lakes within Wisconsin Wetland Inventory maps May also be Wisconsin and all streams, ponds, sloughs, navigable waters, regulated by Chapters 30 and flowages and other waters within the 31, Wisconsin Statutes, since they are located territorial limits of this state, including below the ordinary highwater mark of adjoining the Wisconsin portion of boundary waters, lakes or streams. which are navigable under the laws of this state. Under section 144.26(2)(d), Wisconsin Statutes, notwithstanding any other provision of law or administrative NOTE: In Muench v. Public Service Commission, rule promulgated thereunder, shoreland 261 Wis. 492 (1952), the Wisc6nsin Supreme Court ordinances required under section 59.971, held that a stream is navigable in fact if it is Wisconsin Statutes., and Chapter HR 115, capable of floating any boat skiff, or canoe of Wisconsin Administrative Code, do not apply the shallowest draft used for recreational pur- to lands adjacent to farm drainage ditches poses. In DeGayner and Co., Inc. vo Department if. of Natural Resources, 70 Wis.2d 936 (1975), the court also held that a stream need not be (1) Such lands are not adjacent to a navigable in its normal or natural condition to natural navigable stream or river; be navigable in fact. The DeGayner opinion indicates that it is proper to consider (2) Those parts of such drainage ditches artificial conditions, such as beaver dams, where adjacent to such lands were such conditions have existed long enough to make nonnavigable streams before ditching a stream useful as a highway for recreation or or had no previous stream history; and commerce, and to consider ordinarily recurring seasonal fluctuations, such as spring floods, in (3) Such lands ate maintained in determining the navigability of a stream. nonstrUctUral agricultural use. -2- Co. 4/0 0 9 MODEL ORDINANCE COMMENTARY OrdinarX highwater mark means the point on NOTE: Where the bank or shore at any particular the bank or shore up to which the presence place is of such character that it is difficult and action of surface water is so or impossible to ascertain where the point of continuous as to leave a distinctive mark ordinary highwater mark is, recourse may be had such as by erosion, destruction or to the opposite bank of a stream or to other prevention of terrestrial vegetation, places on the shore of a lake or flowage to predominance of aquatic vegetation, or determine whether a given stage of water is above other easily recognized characteristics. or below the ordinary highwater mark. Regional flood means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics, once in every 100 years. Shorelands means lands within the following distances-from the ordinary highwater mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream dri to the landward side of the floodplain, whichever distance is greater. Shoreland-wetland zoniu district means the zoning district, created as a Fa-rt of this Shoreland Zoning Ordinance, comprised of shorelands that are designated as wetlands on the wetland maps which have been adopted and made a part of this Ordinance. Special exception (conditional use) means a use which is permitted by this TrTrnance provi-ded that certain condittons specified in the Ordinance are met and that a permit _3- Co. 4/82 MODEL ORDINANCE COMMENTARY ,...is granted by,the Board of Adjustment or, where oppropri-ate,, the Planning and Zoning Committee or-Cpunty Board. Unnecessary harq@@ means that Fircumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this Ordinance. Variance means an authorization granted by the oard of Adjustment to construct, alter or use a building or structure in a manner that deviates from the requirements of this Ordinance. Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. -4- Co. 4/82 0 0 0 MODEL ORDINANCE COMMENTARY II. INSERT IN THE COMPLIANCE OR APPLICABILITY 11. COMPLIANCE OR APPLICABILITY SECTION SECTION OF THE SHORELAND ORDINANCE: All local units of government must comply Unless specifically exempted by law, all with the requirements of local shoreland cities, villages, towns, and counties are zoning ordinances, unless specifically required to comply with this Ordinance and exempted by statute. obtain all necessary permits. State agencies are required to comply when Local zoning ordinances are applicable to section 13.4803), Wisconsin Statutes, buildings and facilities constructed for applies. The construction, reconstruction, the use of state agencies, although such maintenance and repair of state highways construction is exempt from other local and bridges by the Wisconsin Department of ordinances, such as building codes. Transportation are exempt when section 30.12(4)(a), Wisconsin Statutes, applies. State highways and bridges that are constructed and maintained by the Wisconsin Department of Transportation (DOT) are exempt from the requirements of local zoning ordinances, provided that the DOT notifies the Department of Natural Resources (DNR) of any activity affecting the waters of the state (section 30-12(4)(a), Wisconsin Statutes). Such work must be done in compliance with the DNR-DOT interagency agreement. -5- Co. 4/82 MODEL ORDINANCE COMMENTARY III. AMEND THE EXISTING JURISDICTION SUBSECTION- III. EXISTING JURISDICTION SUBSECTION OF THE SHORELAND ORDINANCE TO READ: Section .0 General Provisions .1 Areas to be regulated. Areas regulated by this Ordinance shall include all the lands (referred to herein as shorelands) in the unincorporated areas of County which are: .11 Within one thousand (1,000) feet of Any lake, pond or flowage listed in the ordinary highwater mark of navigable "Surface Water Resources of lakes, ponds or flowages. Lakes, ponds or County" is presumed navigable for purposes flowages in County shall be of enforcing ordinances containing this presumed to be navigable if they are listed provision regarding navigability. When in the Wisconsin Department of Natural someone argues that a particular lake, pond Resources publication "Surface Water or flowage is not navigable, the county Resources of County" or shown zoning administrator shall examine the site on USGS maps. If evidence to the contrary and make a decision whether or not it is is presented, the County Zoning navigable according to Wisconsin common Administrator shall make the initial law, summarized in the Note following determination whether or not the lake, pond section NR 115.03(5)(c), Wisconsin or flowage in question is navigable under Administrative Code. The zoning the laws of this state. The County Zoning administrator shall also make the initial Administrator shall also make the initial determination of the location of the determination of the location of the ordinary highwater mark. ordinary highwater mark. If unable to reach a decision, the zoning administrator shall request the Department of Natural Resources district water management staff to make an on-site determination of navigability, to determine the location of the ordinary highwater mark, or both. -6- Co. 4/82 0 0 0 MODEL ORDINANCE COMMENTARY .12 Within three hundred (300) feet of Rivers and streams designated as continuous the ordinary highwater mark of navigable (year-round) or intermittant (seasonal) rivers or streams, or to the landward side waterways are considered navigable for of the floodplain., tihichever distance is purposes of enforcing ordinances containing greater. Rivers and streams in this provision regarding navigability. County shall be presumed to be navigable if Questions concerning the navigability of they are designated as either continuous or any river or strean shall be resolved by intermittent watertimys on the United States the county zoning administrator and DNR Geological Survey quadrangle maps or other district water management staff, as zoning base maps which have been outlined above. inr,,orporated by reference and made a part of this Ordinance in section of this Ordinance. If evidence to th@e_6_ontrary is presented, the County Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under the laws of this state. The County Zoning Administrator shall also make the initial determination of the location of the ordinary highwater-mark. When questions arise, the County Zoning Adninistrator shall contact the appropriate district DNR office for a determination of navigability or ordinary highwater mark. Flood Hazard Boundary maps, or Flood Insurance Study maps (or soil maps or other existing county maps used to delineate floodplain areas), which have been adopted by County, shall be used to determine the extent of the floodplain of rivers or streams in County. -7- Co. 4/82 MODEL ORPIN,ANCE COMMENTARY .2 Locating shoreland-wetlands Each map change may be handled sep@rately boundaries. When an apparent discrepancy or may be combined with other proposed text exists' between the shoreland-wetland or map amendments, as loiig as the amendment district shown on the official wetlands process is started within a reasonable invento'ry maps and actual field conditions period of time. at the time the maps were adopted, the zoning adminstrator shall contact the In order to distinguish between errors in appropriate field office of the Department mapping and illegal development of to determine if the shoreland-wetland correctly mapped wetlands which occurred district as mapped is in error. If the after the adoption of the wetland maps, the Department staff concur with the zoning Model Ordinance requires the zoning administrator that a particular area was administrator to compare the maps with incorrectly mapped as a wetland, the zoning actual field conditions at the time the administrator shall have the authority to maps were adopted." immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official zoning map, @he zoning administrator shall be responsible for initiating a shoreland-wetland map amendment'within a reasonable period of time. IV. CREATE A SHORELAND-WETLAND DISTRICT SECTION IV. SHORELAND-WETLAND DISTRICT SECTION (AMENDING OR REPEALING ANY EXISTING CONSERVANCY DISTRICT SECTION AS NECESSARY): Section .0 Shoreland-Wetland District -8- Co. 4/82 0 0 0 MODEL ORDINANCE C014MENTARY -- .1 Designation. This district shall Under NR 115, counties must establish a include all shorelands within the special type of zoning district for jurisdiction of this Ordinance which are wetlands in shoreland areas. Counties will designated as wetlands on the Wetlands continue to have the option to retain or Inventory maps that have been adopted and create conservancy zoning for wetlands made a part of the Ordinance and are on outside shoreland areas, as well. file in the office of the for County. The adoption procedures for Wetland Inventory Maps are spelled out in NR 115-05(2)(a) and (b). DNR will prepare the final maps after review by the county. The county may adopt these maps without change or may amend the maps following rezoning procedures, either at the time of adoption or at a later time. NR 115 provides that some shoreland-wetlands will not be regulated if they are rezoned at the time the county adopts this ordinance. To exclude certain wetlands from regulation, a county must give notice of the proposed exclusion in the hearing notice for ordinance adoption. This can be done by including a statement in the public notice as to where the wetland maps showing the excluded areas are available for review. In addition, the DNR district office must agree that the rezoning will not have a significant adverse impact on the wetlad values listed in NR 115.05(2)(e)4. This procedure is intended to reduce the number of individual rezoning actions initiated after ordinance adoption, not to weaken regulation of shoreland-wetlands by allowing a county to exempt wetlands indiscriminately. -9- Co. 4/82 MODEL ORDINANCE COMMENTARY .2 Purpose. This Ordinance is adopted ,Wetlands are defined in NR 115 as, areas To-maintain safe and healthful conditions, where .water is at, near or above the land to prevent water pollution, to protect fish surface long enough to be capable of spawning grounds and wildlife habitat, to supporting aquatic or hydrophytic preserve shore cover and natural beauty and vegetation and which have soils indicative to coptrol building and development in of wet conditions. This differs from the wetlands whenever possible. When definition included in many existing development is permitted in a wetland, the shoreland ordinances. Care should be taken development should occur in a manner that to-ensure that all references to the minimizes adverse impacts upon the wetland. wetlands definition are consistent with NR 115. Wetlands provide valuable fish spawning grounds and wildlife habitat and help maintain the ecological balance of a watercourse. Development ofwetland areas should be limited in order to preserve these functions. Wetlands are seldan suitable for building or development for the following reasons: (a) Septic tank systems will not function because of high groundwater; (b) Water supplies are often polluted by septic tank wastes that have not been adequately absorbed by the soil; (c) Foundations and roads crack due to poor support capabilities and frost action; and _10- Co. 4/82 0 0 0 MODEL ORDINANCE COMMENTARY .3 Permitted Uses. The following uses (d) Flooding is common in spring and other shall be allowed, subject to general times of high water. shoreland zoning regulations in sections through of this Filling rarely solves all these Ordinance, the provisi-6-nsof Chapters 30 problems. A wetland often cannot be and 31 of the Wisconsin Statutes, and the safely developed, even at great provisions of other state and federal laws, expense. if applicable: .31 Activities and uses which do not WR 115.05(2)(c) lists in detail the require the issuance of a zoning permit, activities that are allowed in but which must be carried out without shoreland-wetland areas. These activities filling, flooding, draining, dredging, must not involve filling, flooding, ditching, tiling or excavating: draining, dredging, ditching, tiling or excavating, except that NR 115.05(2)(c)3 (1) Hiking, fishing, trapping, hunting, and 5 allow the following: swimming and boating; (a) Temporary water level stabilization (2) The harvesting of wild crops, such as measures to allow growing and marsh hay, ferns, moss, wild rice, harvesting of trees; berries, tree.fruits and tree seeds, in a manner that is not injurious to (b) Dikes, darns and ditches necessary for the natural reproduction of such crops; cranberry growing; or (3) The practice of silviculture, (c) Maintenance of existing drainage including the planting, thinning and systems, only to the extent that harvesting of timber; maintenance is necessary to continue (4) The pasturing of livestock and the the existing agricultural use. construction and maintenance of fences; In addition, these permitted activities (5) The cultivation of agricultural crops; must be carried out according to: (a) NR 115.05(3) which establishes minimum (6) The construction and maintenance of standards for zoning in shoreland duck blinds; areas in general; -11- Co. 4/82 MODEL ORDINANCE COMMENTARY V) The construction and maintenance of (b) Chapters 30 and:31@ Wisconsip piers, docks and walkways, including Statutes, which regulate navigable those built ori.pilings;'and waters,. harbors, dams and brdges; and (8) T@q maintenance, repair replacement (c) Any other state or federal laws that and reconstruction of existing town apply, including regulations of the and county highways and bridges. U.S. Amy Corps of Engineers. .32 Uses which do not require the issuance of a zoning pemit and which may involve filling, flooding, draining, dredging, ditching, tiling, or excavating to the extent specifically provided below: (1 ) Temporary water level stabilization measures, in the practice of silviculture, which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected; (2) Dike and dam construction and ditching for the purpose of growing and harve4ing cranberries; and (3) Pitching, tiling, dredging, excavating or filling done to maintain or repair existing agricultural drainage systems only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use. -12- Co. 4182 0 MODEL ORDINANCE COMMENTARY .33 Uses which are allowed upon the NR 115 states that certain wetland issuance of a zoning (land use) permit: activities must be performed in a way that meets specified standards. To insure that (1) The construction and maintenance of the zoning administrator can enforce these roads which are necessary to conduct standards, the Model Ordinance requires the silvicultural activities or are property owner to obtain a zoning permit necessary for agricultural before beginning such a project. The cultivation, provided that: permit process serves several purposes by: (a) The road cannot as a practical (a) Giving the zoning administrator the matter be located outside the opportunity to notify the property wetland; and owner of the wetland development standards in NR 115; (b) The road is designed and constructed to minimize the (b) Notifying the zoning administrator of adverse impact upon the natural the property owner's intent in time to functions of the wetland and determine whether the development can meets the following standards: practically be located outside the wetland; and (1) The road shall be designed and.constructed as a single (c) Putting the zoning administrator on lane roadway with only such notice that a project will require depth and width necessary to monitoring as it is completed to be accommodate the machinery sure it complies with the standards in required to conduct NR 115. agricultural and silvicultural activities; (2) Road construction activities are to be carried out in the immediate area of the roadbed only; and -13- Co. 4/82 MODEL ORDINANCE COMMENTARY (3) Any filling, flooding, draining Oredgihg, ditching: tiling or excavating that is to be done must be necessary for the construction or maintenance of the road; The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, if such building cannot as a practical matter be located outside the wetland, provided that: (a) Any such building does not exceed Certain excavating work is permissable for 500 square feet in floor area; and the foundation provided the excavated material is disposed of, or back-filled (b) No filling, flooding, draining, properly. dredging, ditching, tiling or excavating is to be done; (3) The establishment and development of NR 115.05(2)(c)9 specifically requires that public and private parks and the owner or operator of any new private recreation areas, boat access sites, recreation or wildlife area must notify the natural and outdoor education areas, county's zoning committee of the proposed historic and scientific areas, project before beginning construction. wildlife refuges, game preserves and Filing a permit application with the zoning private wildlife habitat areas, administrator would accomplish this provided that: requi rement. (a) Any private recreation or wildlife habitat area must be used exclusively for that purpose; 14- Co. 4/82 7 0 0 0 MODEL ORDINANCE COMMENTARY (b) No filling is to be done; and (c) Ditching, excavating, dredging, Limited filling and grading is allowed for dike and dam construction may be the development of boat launching sites and done in wildlife refuges, game for the construction of various park preserves and private wildlife shelters and related facilities provided habitat areas, but only for the such development has no significant adverse purpose of improving wildlife impact on the natural functions of the habitat or to otherwise enhance wetland. wetland values. (4) The construction and maintenance of NR 115 references section 196.491(3), electric, gas, telephone, water and Wisconsin Statutes, which regulates the sewer transmission and distribution granting of a Certificate of Public lines, and related facilities, by Convenience and Necessity to any large public utilities and cooperative electrical generating facility by the associations organized for the purpose Public Service Commission. This section of producing or furnishing heat, provides that the installation and use of light, power or water to their such a facility may proceed if a members, provided that: Certificate has been granted, even though local ordinances would restrict its (a) The transmission and distribution operation (section 196.491(3)(i), Wisconsin lines and related facilities Statutes). In other words, a public cannot as a practical matter be utility that is planning to build an located outside the wetland; and electrical generating plant in a shoreland-wetland area cannot be stopped by (b) Any filling, excavating, ditching a shoreland ordinance if it has properly or draining that is to be done been granted a Certificate of Public must be necessary for such Convenience and Necessity. However, construction or maintenance and section 196.491(3)(j), Wisconsin Statutes must be done in a manner designed provides that any person or local to minimize flooding and other government whose rights are adversely adverse impacts upon the natural affected may petition for judicial review functions of the wetlands. under chapter 227, Wisconsin Statutes. -15- Co. 4/82 MODEL ORDINANCE COMMENTARY (5) The construction and maintenance of railroad lines, provided that: (a) 'The railroad line's cannot as a practical matter be located outside the wetland; and (b) Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland. .4 Prohibited Uses. Any use not listed Any use of a shoreland-wetland area that is in sections .31, .32 or .33 is not specifically allowed by NR 115 is prohibited, unless the wetland or a portion prohibited. Conditional uses or variances of the wetland has been rezoned by cannot be granted to allow a property owner amendment of this Ordinance in accordance to use a shoreland-wetland area in any way with section 59-97(5)(e), Wisconsin that is not specified. The only Statutes, chapter NR 115, Wisconsin alternative for the property owner who Administrative Code, and section .5 of wants to carry out a prohibited use is to this Ordinance. petition the county to rezone the property to remove that wetland from the shoreland- .5 Rezoning of Lands in the wetland district. Shoreland-Wetland Zoning District. -16- Co. 4/82 0 0 0 40DEL ORDINANCE COMMENTARY .51 For all proposed text and map Official zoning amendments are required for amendments to the shoreland-wetland any change in shoreland-wetland zoning. district, the appropriate district office flimendments to the ordinance text or map may of the Department of Matural Resources be adopted at any time after passage of the shall be provided with the following: ordinance by the County Board. The procedure for amending any county zoning (1) A copy of every petition for a text or ordinance is spelled out in section map amendment to the shoreland-wetland 59.97(5)(e), Wisconsin Statutes. In district, within 5 days of the filing addition, NR 115 requires that the of such petition with the County Clerk; appropriate district DNR office receive copies of all written petitions, notices (2) Written notice of the public hearing and findings resulting from any rezoning in to be held on a proposed amendment, at a shoreland-wetland area. least 10 days prior to such hearing; (3) A copy of the County Zoning Agency's findings and recommendations on each proposed amendment, within 10 days after the submission of those findings and recommendations to the County Board; and (4) Written notice of the County Board's decision on the proposed amendment, within 10 days after it is issued. -17- Co. 4/82 MODEL ORDINANCE COMMENTARY .52 A wetland, or a portion thereof, in When a county zoning committee receives a the shoreland-wetland district shall not be petition to rezone a shoreland-wetland rezoned if the proposed rezoning may result area, the must consider the environmental in a significant adverse impact upon any of impact of the rezoning on the wetland. If the following: they feel that therew will be a significant adverese impact on any of the wetland (1) Storm and flood water storage capacity; functions listed in NR 115.05(2)(e)4, the committee shall recommend denial of the (2) Maintenance of dry season stream flow. rezoning. The district DNR office must the discharge of groundwater to a also review the rezoning petition for its wetland, the recharge of groundwater environmental impact. If the DNR from a wetland to another area, or the determines that the proposal may have a flow of groundwater through a wetland: significant adverse impact on wetland functions, it must notify the zoning (3) Filtering or storage of sediments, committee before or at the public hearing nutrients, heavy metals or organic held on the rezoning amendment. If the compounds that would otherwise drain county board adopts a rezoning amendment in into navigable waters; spite of the DNR's negative recommendation, the amendment does not become effective for (4) Shoreline protection against soil at least 30 days. During that time the DNR erosion; may initiate the adoption of a superseding shoreland ordinance for the county, (5) Fish spawing, breeding, nursery or according to section NR 115.05(2)(e)9, feeding grounds; Wisconsin Adminstrative Code, and section 59.971(6), Wiscosin Statutes. -18- Co. 4/82 MODEL ORDINANCE COMMENTARY (6) Wildlife habitat; or Sane of the criteria that the district DNR office may use to determine the impact of a (7) Areas of special recreational, scenic proposed rezoning are summarized below: or scientific interest, including scarce wetland types. (a) Does the wetland provide significant wildlife or fish habitat or contain endangered plant or animal species? (b) How will development of the wetland affect soil stability and erosion, groundwater pollution, storm water runof f or f 1 ood control ? (c) Will development significantly affect recreation, scientific or cultural interests? (d) Are there other scarce natural resources in the area which would be adversely affected by development in the wetland? (e) Does the applicant have reasonable alternatives which will not adversely affect the wetland? (f) Is the project dependent on being located in a wetland or is it simply more convenient or economical to locate there? In weighing the impact on the wetland, the DNR will place the emphasis of their review on protecting the wetland. The petitioner must prove that the rezoning is necessary. -19- Co. 4/82 MODEL ORDINANCE COMMENTARY -.53 If the Department of Natural If the DNR recommends granting a petition Resources has notified the County Zoning or-choses not to ,respond before or at ihe Agency that a proposed amendment to the public hearing, the county boardma'y either shoreland-wetland district may have a grant or deny the petition. In this case, significant adverse.impact.upon any of the the'DNR would take no further action. If criteria listed in section .52-of this the property owner wishes to challenge the Ordinance, that amendment, if approved by denial of the petition by the county board, the County Board, shall contain the it can be appealed to the circuit court. following provision: On the other hand, the county board may "This amendment shall not take effect until adopt a rezoning petition that the DNR has more than 30 days have elapsed since recommended against. Usually this would be written notice of the County Board's an amendment to the shoreland zoning map, approval of this amendment was mailed to which is defined as part of the shoreland the Department of Natural Resources. ordinance. In some cases, however, the During that 3U-day period the Department of text of the ordinance may be altered as Natural Resources may notify the County well. When an amendment is adopted against Board that it will adopt a superseding the DNR's recommendation, it does not shoreland ordinance for the county under become effective until 30 days after the section 59.971(6) of the Wisconsin county board has mailed written notice of Statutes. If the Department does so notify its decision to the DNR district office. the County Board, the effect of this During this 30-day period the DNR may amendment shall be stayed until the section notify the county board that it intends to 59.971(6) adoption procedure is completed adopt a superseding shoreland ordinance or otherwise teyminated." because the amended ordinance is no longer in compliance with NR 115. The DNR could reinstate the ordinance as it was prior to the rezoning amendment, unless the ordinance contained other provisions that did not comply with NR 115. In that case, more extensive revisions would be included in the superseding ordinance. (The DNR authority to adopt a superseding ordinance is set forth in section 59.971(6), Wisconsin Statutes.) -20- Co. 4/82 0 0 0 MODEL ORDINANCE COMMENTARY V. ADD THE FOLLOWING PROVISION TO THE WATER SETBACK SECTION OF THE SHORELAND ORDINANCE: V. WATER SETBACK SECTION The use of a boathouse for human habitation Because this provision regulating and the construction or placing of a boathouses in shoreland areas was not boathouse below the ordinary highwater mark explicitly stated in the original Model of any navigable waters are prohibited. Shoreland Ordinance (Wisconsin's Shoreland Protection Ordinance, 1967), it is included here. Some county ordinances may already include this provision, and no change is needed. Those counties whose ordinances do not contain this section should revise the Water Setback Section to include it. Habitation of boathouses is prohibited because residential buildings must be set back 75 feet from the shore. Construction of boathouses below the ordinary highwater mark is prohibited to make NR 115 consistent with section 30.121, Wisconsin Statutes, as created by Chapter 101, Laws of 1979. -21- Co. 4/82 MODEL ORDINANCE COMMENTARY VI. AMEND THE FILLING, GRADING, LAGOONING AND VI. FILLING, GRADING, LAGOONING AND DREDGING DREDGING SECTION OF THE SHORELAND ORDINANCE SECTION TO READ: Section .0 Filling, Grading, Lagooning, NR 115.05(3)(d) spells out the provisions for Dredging, Ditching and Excavating. filling, grading, lagooning, dredging, ditching or excavating in a shoreland area. .1 Only filling, grading, lagooning, These are: dreding, ditching or excavating that is done in a manner designed to minimize (a) The activity must be done in a way that erosion, sedimentation and impairment of minimizes erosion, sedimentation and harm fish and wildlife habitat may be permitted to fish and wildlife habitat. in the shoreland area. (b) The use must be allowed under .2 Filling, grading, lagooning, NR 115-05(2) and must be carried out as dredging, ditching or excavating in a specified in that sectio6; and shoreland-wetland district may be permitted only if the requirements of sections (c) The person conducting the activity is -.32 and .33 of this Ordinance are responsible for obtaining any other state met. or federal permits that are required. In most cases, the county zoning administra- .3 A state or federal permit may be tor and district DNR staff will have the required, in addition to a permit under necessary information if additional per- this Ordinance, if state or federal laws mits are necessary. are applicable to the filling, grading, lagooning, dredging, ditching or excavating NOTE: If the county's existing shoreland that is proposed. ordinance requires the issuance of a land use or conditional use permit for filling, grading, lagooning, dredging, ditching or excavating in shoreland areas, it should be amended, as necessary, to be consistent with NR 115.05(2)(c). This section spells out permissable uses in shoreland-wetland areas and allows filling, grading, lagooning, dredging, ditching or exca- vating without a permit, provided that the specified circumstances are met. -22- Co-. 4/80 0 0 0 MODEL ORDINANCE COMMENTARY VII. CREATE A NONCONFORMING USES SECTION (OR VII. NONCONFORMING USES SECTION AMEND AN EXISTING NONCONFORMING USES SECTION) TO READ: Section .0 Nonconforming Uses. When an ordinance is adopted that restricts an existing lawful use and makes it techni- .1 The lawful use of a building, struc- cally unlawful, such a use must be "grand- ture or property existing at the time this fathered," that is, allowed to continue as Ordinance or Ordinance Anendment takes ef- before. However, changes in these noncon- fect, which is not in conformity with the forming (grandfathered) uses are limited. provisions of this Ordinance including the This section spells out the conditions under routine maintenance of such a building or which nonconforming uses in shoreland-wetland structure, may be continued subject to the areas are allowed to remain. If the property following conditions: owner wants to make changes other than those allowed, he or she must alter the .11 If such use is discontinued for nonconforming use to meet the conditions of Twelve (12) consecutive months, any future the new ordinance, that is, it must become a use of the building, structure or property confoming use. shall conform to this Ordinance. Two provisions are stated in NR 115-05(3)(e) .12 The maintenonce and repair of non- that regulate nonconforming uses: conforming boathouses which are located below the ordinary highwater mark of any (a) A use that is discontinued for 12 con- navigable waters shall comply with the re- secutive months may not be resumed quirements of section 30.121 of the Wis- unless it is changed according to the consin Statutes. new ordinance; and (b) Maintaining and repairing nonconforming boathouses is subject to section 30.121, Wisconsin Statutes, which spells out more detailed regulations than NR 115. -23- Co. 4/82 MODEL ORDINANCE COMMENTARY .13 Uses which are nuisances shall not Note: Sections .13 through _.15 of be permitted to continue as nonconforming the Model Ordin6-nce amendments are not uses, required by NR 115.05(3)(e), but counties are specifically allowed to adopt these .1 4 No structural alteration, addition provisions in their shoreland-wetland gr repair to any nonconforming building or ordinances. structUre,-over- the life of the building or structure., shall exceed 50-percent of its equalized assessed value at the time of its becoming a nonconforming use, unless it is perynane@tiy changed to a conforming use. .15 If the alteration, addition or Note: If the county chooses to include repair in excess of 50 percent of the section .14 it must also include equalized assessed Value of an existing section -.1-5-in its shoreland ordinance. nonconforming building or structure is prohibited, the property owner may still make the proposed alteration, addition or repair if: (1) The nonconforming building or structure is permanently changed to a conforming use; (2) The property owner appeals the determination of the Zoning Administrator, and either the County Board of Adjustment or the Circuit Court find in the property owner's favor under section 59.99(4) or 59.9900) of the Wisconsin Statutes; or -24- Co. 4/82 0 0 0 MODEL ORDINANCE COMMENTARY (3) The property owner successfully petitions to have the property rezoned under section 59.97(5)(e) of the .Wisconsin Statutes and section NR 115.05(2)(e), Wisconsin Administrative Code, if applicable. V111. INSERT IN THE ADMINISTRATION SECTION VIII. ADMINISTRATION SECTION (PREFERABLY IN THE POWERS OF THE BOARD OF ADJUSTMENT SUBSECTION) OF THE SHORELAND When a property owner is using a ORDINANCE: shoreland-wetland in an allowable way, but wants an exemption from the dimensional .1 No variance from the tems of this standards regulating that use, he or she -G-rdinance shall be granted which is must apply for a variance from the county's contrary to the public interest. A board of adjustnent. A variance cannot be variance may be granted where, owing to granted to allow a use in a special conditions, a literal enforcement shoreland-wetland district that is not of the provisions of this Ordinance will perTnissable under the ordinance; that result in unnecessary hardship. The requires a rezoning. granting of a variance shall not have the effect of granting or increasing any use of A variance from the standards of the property which is prohibited in that zoning ordinance may be granted if: district by this Ordinance. (a) The variance will not be contrary to the public interest; (b) The standards of the ordinance create unnecessary hardship (not just personal difficulty or inconvenience) for the property owner; and (c) The variance does not grant or increase any use of property that is prohibited in that zoning district. -25- Co. 4/12 MODEL ORDINANCE COMMENTARY INSERT IN THE ADMINISTRATION SECTION OF THE IX. ADMINISTRATION SECTION SHPk,EL'AN*D OkDINANC@': .1 Written notice shall be given to the Each county has the authority to enforce appropriate'di'strict office of the ordinances adopted pursuant'to Chapter of Natural Resources at least 10 NR 115, howev'e' , the DNR is responsible for Depar e r days rior to hearings on proposed monitoring that enforcement. Consequently, shore and variances, special exceptions th'e county is required to notify the DNR ' (conditional uses), appeals for map or text district office in writing of applications interpretions, and map or text amendments. for variances, special exceptions and map and text interpretations and amendments. .2 Copies of decisions on shoreland County decisions resulting from these variances, special exceptions (conditional applications must also be forwarded to the uses), appeals for map or text DNR district office. (NR 11@-..05(2)(e) interpretations, and map or text amendments spells out these requirements.) This allows shall be submitted to the appropriate the DNR to assess whether or not the county district office of the Department of is adhering to the shoreland ordinance it Natural Resources within 10 days after they has adopted. are granted or denied. In most situations these procedures will be simply routine, but if a court case develops or DNR disagrees with a county's decision, it is critical for the county and DNR to have a complete record of their decisions prior to the challenge. -26- Co. 4/82 I FA-R 6 EIRZ 9110 IN , 1, % kL Information What You May and Assistance Need to Know About Owning Flooding and Erosion Information and Shore Property Technical Assistance Coastal Management Program Representative University of Wisconsin Extension Envir nmental Resource Unit 1815 University Avenue Madison, Wis. 53706 (608) 262-2106 X Southeast Wisconsin Regional Planning Commission (SEWRPC) Old Courthouse - Box 769 Waukesha, Wis. 53186 (414) 547-6721 Bay Lake Planning Commission (BLPC) S .E. 450. University of Wisconsin-Green Bay Green Bay, Wis. 54302 ... .. (414) 465-2135 Northwest Regional Planning Commission 3. (NWRPC) 201 Second St. West Ashland County Courthouse Ashland. Wis. 54806 WISCONSIN DEPARTMENT OF NATURAL RESOURCES DISTRICT OFFICES Lake Mich gan District 11 25 NMilitary Avenue P.O. Box 3600 Green Bay, Wis. 54303 (414) 497-4040 J, Northwest District P.O. Box 309 Spooner Wis. 54801 1 (715 635-2101 Southeast District CV) 9722 W Watertown Plank Road C N P.O. Box 13248 0 Milwauk Wis@ 53213 S`77 (414) 2 -'6543 CL X DEPARTMENT OF NATURAL RESOURCES 0 M co 15 Questions to Ask Before You Buy 0 Are there any offshore sand bars? Sand bars dissipate wave energy, reducing the threat to the beach. C onsumers in the market for shoreline property must Neighbors may know what happened to a sandbar the ask some sophisticated questions to avoid an last time lake levels were high. unpleasant surprise. El Is the property adequately drained? If it drains Sellers and agents are not required to disclose erosion through a bluff along the shore, the buyer should find risks (although in communities participating in the Na- where the water comes out. Water adds weight to the tional Flood Insurance Program, lending institutions must ground, and weight can decrease a bluff's stability and require that a buyer pay for flood insurance before they lead to landslides. will give the buyer a mortgage). El If it is necessary, is structural protection afford- Even if disclosure were required, only some purchasers able? Consult the booklet, Help Yourself, published by would be affected. Many people acquire shoreline pro- the U.S. Army Corps of Engineers (see To Learn perty either through inheritance or seller financing (land More... ). A buyer should consider whether the ap- contracts), bypassing lending institutions and real estate pearance of a structure will detract from enjoyment of the agencies. For that reason, some coastal specialists say property. laws should be changed to require disclosure of erosion 0 Is it possible to stabilize the shoreline with vegeta- and flood risks in the property deed. tion? Consult the publication, The Role of Vegetation in Unless and until such safeguards are required, how- Shoreline Management (see To Learn More... ). it ever, the prospective property owner should keep these provides alternative ways to use vegetation and other questions in mind. non-structural methods to stabilize some shorelines. 0 Has the area in which the property is situated been 0 Will your neighbors collaborate in shoreline pro- mapped for its susceptibility to erosion? Erosion maps tection? A buyer should ask them. The most efficient can show whether the property is in an erosion hazard protection is for a continuous, uninterrupted stretch of area (generally, an area where erosion advances at I foot shore. In many cases, each property owner makes his or or more a year). Some state 'coastal zone programs, in- her own decision. The result is a hodgepodge of different cluding those in Michigan, Wisconsin, and Pennsylvania, structures that may have cost much more than a single have erosion maps. structure whose cost was shared by a group of residents. 0 How fast is erosion occurring? If, for example, state In other cases, neighbors may not be able to afford officials say the shore is receding at 3 feet a year, a shoreline protection-and the buyer's own structure may 100-foot lot will be gone in about 33 years. become useless in a few years as land erodes around it. El Are there any shore protection structures nearby El What insurance is aVailable? Property owners can- that might interrupt nearshore currents that carry not normally obtain erosion insurance, according to sediments? Such structures may include breakwaters or David Skarosi, an emergency management specialist for large groins that jut out into the water. They interfere with the Federal Emergency Management Agency. Flood in- the natural movement of sand along the shore, "starving" surance, on the other hand, may be required if the pro- downshore beaches. perty is in a flood plain. If it is not, but if the community El How far is any building from the edge of the bluff participates in the National Flood Insurance Program, a or bank? If the shoreline is eroding, a purchaser will need property owner facing erosion can still buy flood in- to know how long the property has before the structure surance and hope that the erosion can be blamed on crumbles into the lake. flooding or suddenly high levels El Can the building be relocated if necessary? Prospective owners may be able to answer some of Sometimes this is technically possible; sometimes not. A these questions by asking neighbors, the agent selling the -prospective buyer must consider available _space-on-the@ property, -or an-expert associated with -the-County Exten- property and local zoning restrictions. sion Service or a Sea Grant institution. Other questions El If the building can be relocated, how much will it will require the prospective owner to inspect the site. cost? Is the cost affordable? Is relocation worth the cost? David Staots 0 To Learn More... ... about flooding and erosion around the Great Lakes, consult the Booklet. Lake Michigan Federation, Waves Against the Shore: An following sources: Erosion Manual.for the Great Lakes Region. Jan. 1978: 25 pp. Fact Sheet. Great Lakes Basin Commission, Coastal Hazards. 1980: 2 Where citizens can obtain help to fight erosion, and what laws govern pp, Great Lakes Basin Commission, P.O. Box 999, Ann Arbor, Mich. the building of erosion -control structures. Lake Michigan Federation, 53 48106. Free, W. Jackson Blvd.. Suite 1710, Chicago, 111. 60604. $1. Booklet. Great Lakes Basin Commission, The Role of Vegetation in Brochures. Michigan Sea Grant Program, Buying Great Lakes Shoreline Management. 36 pp. A guide to help shoreline property Shoreline Property; Shoreline Erosion: What to Do; and Shoreline owners identify and correct shoreline bluff erosion problems using Erosion: Questions and Answers. Michigan Sea Grant Program, ad- vegetation. Great Lakes Basin Commission, address above. Single dress above. Free. copies free. Brochure. Illinois Coastal Zone Management Program, Harmony with Booklet. North Central Division. U.S. Army Corps of Engineers, Help the Lake: Guide to Bluff Stabilization. Division of Water Resources, Yourself. Sept. 1978: 28 pp. A discussion of Great Lakes erosion pro- Illinois Department of Transportation, Room 1010, Marina City Office blems and methods of shore protection. North Central Division, U.S. Building, 300 N. State St., Chicago, 111. 60610. Free. Army Corps of Engineers, 536 S. Clark St., Chicago, Ill. 60605. Free. great lakes communicator February 1981 .......... MAI .. .... ......... ........... ........ ........ . ........ ........... .......... .............. .......... .......... FOO 7 'I ..... D' . . .......... --- llrr-@ What can we do about floods ? FI ce,@:cs (ire the most freq,,,n-7,4.'-jy encountered type of natural disaster. 90% of all Presidential declarations of emergency or major disaster involve flooding - either along the coasts or rivers and streams. 20,000 American communities have flood hazard areas. 7.4 million buildings are located in these flood hazard areas. Flood damages throughout the nation total $2-3 billion annually. Wisconsin communities suffer $100 million in yearly flood damages. About 200 Americans lose their lives in floods each year. Despite efforts of all levels of government to combat floods, annual flood losses continue to increase by 6-7% each year. The direct and indirect costs of flood recovery are not borne by just the flood victims, but are shared by all American taxpayers. ............. .......... @ e h e ........... What is a floodplain A floodplain is a lowland or relatively flat area next to a river or stream. The river uses the floodplain to temporarily store and convey excess water during spring thaw or following heavy rains. Floodplaln Flood Frinae Floodway 0 Base flood Slevailon- JIM Normal Channel We have had floods as long as there have been rivers. But not until we developed our floodplains did floods damage property and endanger lives. When we construct buildings in the floodplain we reduce the floodplain's storage capacity causing the next flood of equal intensity to crest higher than the last. It's just like throwing pebbles In the bathtub. ... too much fill causes the river to flood higher. ROMer flooded 100-year flood after III W 100-year flood before I -111MI, 10-year flood after I landfl 10-year flood before I flood levels Increased "bank full"' by landfillIng Displacement volume, 4c.0 1, which raises flood A little pebble acting alone Is Insignificant-The combination of many little pebbles will levels across, and over top the tub and cause major damage - It's only a matter of time. channel upstream. Floods are measured by their percent chance of happening. The standard of comparison is.the 100-year flood. This flood has a 1% chance of happening in any given year. Th'i's 100--year flood has a 26% chance of occurring during a 30-year mortgage period. During a similar-30 year period, there Nt 1JJr N, is a 17% dhance of-a house being damaged by fire. Floods are natural occurrences. It's not a matter of "will it flood?" but l1when will it flood?" Flood insurance allows a flood victim to spread his losses over several years. Home owners insurance does not cover floods; flood insurance is only made available through the National Flood Insurance Program. Realtors and lenders are required to notify buyers of potential flood hazrds on a property at least 10 days beford the closing. For people to be eligible to buy flood insurance, their community must have a floodplain management program in effect. This program must meet minimum federal standards. Residents of 63 Wisconsin counties and 420 cities and villages are eligible to buy flood insurance. While flood insurance is available to all property owners in qualifying communities, some people are required to carry it. This includes anyone buying flood prone property with a federally guaranteed (VA, FHA, SBA) loan or anyone obtaining financing from a federally insured bank or credit union. Wisconsin's Floodplain Management Program Wisconsin counties, cities and villages are required to zone their flood prone areas. The state has set minimum standards for local regulations, but local governments can set more restrictive standards if they desire. Floodplain zoning does not prohibit development within the floodplain but guides that development. The program's main goal is to protect people and their property from unwise floodplain development. You can learn more about floods and floodplain management by calling or visiting your Area or District DNR office. The Federal Emergency Management Agency's Insurance Servicing Agent will answer flood insurance related questions. Call them toll-free at 800-638-6620. DNR District and Area Offices: Northwest/Spooner North Central/Rhinelander (715)635-2101 (715)362-7616 Area Offices: Area Offices: Spooner (715)635-2101 Rhinelander (715)362-7616 Cumberland (715)822-3590 Wisc. Rapids (715)423-5670 Park Falls (715)762-4414 Antigo (715)627-4317 Brule (715)372-4866 Woodruff (715)356-5211 West Central/Eau Claire Lake Michigan/Green Bay (715)836-2928 (414)497-4040 Area Offices: Area Offices: Eau Claire (715)836-2047 Green Bay (414)497-4369 La Crosse (608)785-9000 Oshkosh (414)424-4003 Marinette (715)732-0101 Southern/Madison (608)266-2628 Southeast/Milwaukee (608)266-8859 (414(257-8543 Area Offices: (414)257-6950 Nevin (608)267-7718 Pub. 7-3500(82) Dodgeville(608)935-3368 What can we do about floods ? Since 1936 the U.S. Army Corps of Engineers has been authorized to construct dams and levees for flood control purposes. But controlling floods with such structures is not always the only or best solution to flood problems. Land use regulations can control development in flood hazard areas. Development within floodplains can be limited to flood resistent structures. In undeveloped floodplains, "open space" uses can be encouraged. The resulting scenic parks, recreational areas, and wildlife refuges provide community amenities. Flood warning systems and evacuation plans can allow people to protect their property and move to higher ground to prevent injuries. Buildings in floodplains can be elevated on the spot or relocated on higher ground. Other floodproofing techniques are available but expensive. Bridges, roads and culverts can be designed to accommodate expected flood flows. Land treatments in upland areas can attack the flood problem where it begins. Good soil and water conservation practices minimize runoff. Retention basins moderate run off to offset the higher degree of impervious surfaces that development brings. What does the Do you need to YOUR LOCAL WATER MANAGER: OHWM mean to you know more about the as a waterfront OHWM? property owner? If you have questions on your water rights or need to find the OHWM on your property contact your Riparian is the often-used legal term for waterfront district water management coordinator as listed property owner. below. -A @W' As a riparian, the land above the OHWM is your private domain. To protect the public waters, you NORTHWEST may need to get a permit for any structure to be placed near the shoreline. Check with your district water management coordinator (see map) before NORTH beginning any work. "Im ENTR LAKE7 PUBLIC MICHIGAN When the water level is below the OHWM you WEST CENTRAL OA@ 0CM" have the exclusive right to use the exposed bed of the waterway in front of your property until the