HomeMy WebLinkAboutOrdinance 2022 (895) Ordinance No. 895 (2022)
ST. RO UNTY AN ORDINANCE REPEALING CHAPTER 17, SUBCHAPTER IV,
SECTION 17.40, OF THE ST. CROIX COUNTY CODE OF
ORDINANCES, FLOODPLAIN OVERLAY DISTRICTS AND
RECREATING THE FLOODPLAIN OVERLAY DISTRICT AS CHAPTER
18 FLOODPLAIN ZONING OF THE ST. CROIX COUNTY CODE OF
ORDINANCES
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Ellen Denzer, Director, Community Development
DATE: March 1, 2022
AGENDA ITEM: An Ordinance Repealing Chapter 17, Subchapter IV, Section 17.40, of the
St. Croix County Code of Ordinances, Floodplain Overlay Districts and
Recreating the Floodplain Overlay District as Chapter 18 Floodplain
Zoning of the St. Croix County Code of Ordinances
BACKGROUND INFORMATION
St. Croix County Community Development has rewritten Ch. 17.40 Floodplain Overlay District of
the St. Croix County Code of Ordinances to reflect state law changes utilizing the Wisconsin
Department of Natural Resources (WDNR) model ordinance for guidance and has reformatted
the ordinance into a new stand-alone Chapter 18 Floodplain Overlay District.
Ch 17.40 was last updated September 30t", 2005 and the most recent map amendment was June
6, 2016. Since then, there have been several changes to state floodplain regulations. In April
2021, WDNR issued a new model floodplain ordinance reflecting the changes in state floodplain
regulation.
The proposed Chapter 18 has been reviewed by the WDNR Floodplain Management Program
office for compliance with all minimum floodplain standards, including review of Federal
Emergency Management Agency (FEMA) standards. Required changes have been made.
The Community Development Committee (CDC) will hold a public hearing on Chapter 18 at the
February 17, 2022 committee meeting. Public comment may be provided in person or in writing
at the hearing or by email or letter prior to the hearing to the Community Development
Department (CDD). CDD staff will highlight ordinance revisions as part of the hearing. The CDC
may recommend approval of the draft Chapter 18, with or without changes, based on public
hearing comments, to the County Board of Supervisors for possible action at the March Board
meeting. If approved by the Board of Supervisors, Chapter 18 will not take effect until also
approved by the WDNR Floodplain Management Program. If changes are made to the hearing
draft as part of the County Board adoption those changes will be subject to WDNR review.
A public hearing on the repeal and recreation of Subchapter IV, Section 17.40, Floodplain
Overlay District as Chapter 18 Floodplain Zoning was noticed in the Star Observer on February
3rd and 10th, 2022.
Ordinance No. 895 (2022)
ST. RO LINTY AN ORDINANCE REPEALING CHAPTER 17, SUBCHAPTER IV,
SECTION 17.40, OF THE ST. CROIX COUNTY CODE OF
ORDINANCES, FLOODPLAIN OVERLAY DISTRICTS AND
RECREATING THE FLOODPLAIN OVERLAY DISTRICT AS CHAPTER
18 FLOODPLAIN ZONING OF THE ST. CROIX COUNTY CODE OF
ORDINANCES
1 WHEREAS, Wis. Stat. § 87.30 requires counties to adopt a floodplain zoning ordinance
2 for the protection of all floodplains in unincorporated areas; and
3
4 WHEREAS,Wisconsin Administrative Code Ch. NR 116, Wisconsin's Floodplain
5 Management Program, establishes statewide standards for floodplain zoning; and
6
7 WHEREAS, St. Croix County Code of Ordinances, Section 17.40, Floodplain Overlay
8 District needs to be rewritten to address changes to Wis. Stat. § 87.30 and Wis. Admin. Code Ch.
9 NR 116; and
10
11 WHEREAS, copies of the proposed floodplain zoning ordinance were accessible for
12 viewing at the Government Center in Hudson and online on the St. Croix County website; and
13
14 WHEREAS,the St. Croix County Community Development Committee held a public
15 hearing on this ordinance on February 17, 2022.
16
17 NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors of the
18 County of St. Croix does ordain as follows:
19
20 Chapter 17, Subchapter IV, Section 17.40, St. Croix County Floodplain Overlay District
21 is hereby repealed and recreated as Chapter 18 Floodplain Zoning of the St. Croix County Code
22 of Ordinances, which is attached hereto.
23
24 BE IT FURTHER RESOLVED that the County Board of Supervisors of the County of
25 St. Croix does ordain that this Ordinance will become effective upon County Board adoption.
Le-gal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: None
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i;K 4W , U� 2/11/2022
02/17/22 Enacted
02/17/22 Community Development Committee RECOMMENDED
Roll Call -Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .................
RESULT: ENACTED [UNANIMOUS]
MOVER: Daniel Hansen, Supervisor
SECONDER: Ed Schachtner, Supervisor
AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness,
Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Peavey
ABSENT: District 18 Vacant
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on March 1,2022
Cindy Campbell, County Clerk
ST. CROIX COUNTY
CODE OF ORDINANCES
LAND USE AND DEVELOPMENT
CHAPTER 18
FLOODPLAIN ZONING
ST. CROW,
[�NTY
Community Development Department
1101 Carmichael Road
Hudson, WI 54016
CHAPTER 18 FLOODPLAIN ZONING
Contents
CHAPTER 18 FLOODPLAIN ZONING .............................................................................................................................0
�l ................................................................................................................................1
18.105 Statutory Authorization..............................................................................................................................1
18.110 Finding of Fact..........................................................................................................................................1
18.115 Statement of Purpose................................................................................................................................1
18.120 Title .........................................................................................................................................................1
18.125 Areas to be Regulated...............................................................................................................................1
18.130 Official Maps.............................................................................................................................................1
18.135 Establishment of Floodplain Zoning Districts................................................................................................2
18.140 Locating Floodplain Boundaries..................................................................................................................3
18.145 Removal of Lands From Floodplain.............................................................................................................3
18.150 Compliance...............................................................................................................................................3
18.155 Municipalities and State Agencies Regulated ...............................................................................................3
18.160 Abrogation and Greater Restrictions...........................................................................................................4
18.165 Interpretation ...........................................................................................................................................4
18.170 Warning and Disclaimer of Liability.............................................................................................................4
18.175 Severability...............................................................................................................................................4
18.180 Effective Date...........................................................................................................................................4
..............................................................................4
18.205 New Construction and Land Division...........................................................................................................4
18.210 Hydraulic and Hydrologic Analysis..............................................................................................................5
18.215 Watercourse Alterations.............................................................................................................................5
18.220 Wisconsin Statutes, Chapter 30, 31, Development.......................................................................................5
18.225 Public or Private Campgrounds...................................................................................................................5
A ..........................................................................................................................6
18.305 Applicability..............................................................................................................................................6
18.310 Permitted Uses..........................................................................................................................................6
18.315 Standards for Development in the Floodway...............................................................................................7
18.320 Prohibited Uses.........................................................................................................................................8
���� .......................................................................................................................8
18.405 Applicability..............................................................................................................................................8
18.410 Permitted Uses..........................................................................................................................................8
18.415 Standards for Development in the Floodfringe.............................................................................................8
« "� r l?� ....................................................................................................10
18.505 Applicability............................................................................................................................................10
18.510 Floodway Boundaries...............................................................................................................................10
18.515 Permitted Uses........................................................................................................................................10
18.520 Standards for Development in the General Floodplain District ....................................................................11
18.525 Determining Floodway and Floodfringe Limits ...........................................................................................11
0/1 .11
18.605 General ..................................................................................................................................................11
18.610 Floodway................................................................................................................................................13
18.615 Floodfringe .............................................................................................................................................14
�0 ......................................................................................................................................14
18.705 Administration.........................................................................................................................................14
18.710 Zoning Administrator...............................................................................................................................15
18.715 Land Use Permit......................................................................................................................................15
18.720 Certificate of Compliance.........................................................................................................................18
18.725 Other Permits .........................................................................................................................................18
18.730 Community Development Committee (CDC)..............................................................................................18
18.735 Board of Adjustment ...............................................................................................................................18
18.740 Appeals to the Board...............................................................................................................................19
18.745 Boundary Disputes..................................................................................................................................19
18.750 Variances................................................................................................................................................20
18.755 Appeals of Permit Denials........................................................................................................................20
18.760 Floodproofing Standards..........................................................................................................................21
18.765 Public Information...................................................................................................................................21
18.770 Expiration of Permit or Variance...............................................................................................................21
� l,WOMM MM"............................................................................................................................................22
18.805 General ..................................................................................................................................................22
18.810 Procedures .............................................................................................................................................22
����1'����"������� �j��..........................................................................................................................................22
18.905 General Provisions...................................................................................................................................22
18.910 Violations................................................................................................................................................22
18.915 Penalties.................................................................................................................................................24
18.920 Enforcement Procedures..........................................................................................................................24
18.925 Revocation of Permit or Approval .............................................................................................................25
�001, � ...........................................................................................................................................25
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18.105 Statutory Authorization
1. This ordinance is adopted pursuant to the authorization in Wis. Stat. §§ 59.69, 59.692, 59.694 and 87.30. and Wis.
Admin. Code Ch. NR 116.
2. Any mandatory amendments or repeals or recreations to the statutes pertaining to the subject matter of this ordinance
are incorporated into this ordinance as of the effective date of amendment, repeal or recreation.
18.110 Finding of Fact
1. The St. Croix County Board of Supervisors finds that the uncontrolled use of the floodplains adversely affects the public
health, safety, convenience, general welfare, land values and tax base of St. Croix County.
2. In addition, substantial public expenditures may be required for the protection, rescue and relief of persons and
property in areas subject to periodic flooding.
3. Uncontrolled filling and construction have been determined to be the major causes of adverse effects.
4. The effects of a single fill or other single project upon flood heights, velocities, or floodplain storage areas may be
relatively insignificant, but the combined effects of a number of such projects may drastically increase the potential for
injury or damage from flooding. Without a thorough analysis of proposed development it is not possible to adequately
assess impacts.
18.115 Statement of Purpose
This ordinance is intended to regulate floodplain development to:
1. Protect life, health and property.
2. Minimize expenditures of public funds for flood control projects.
3. Minimize development in a floodplain which would obstruct flood flows and decrease the storage capacity of the
floodplain.
4. Minimize rescue and relief efforts undertaken at the expense of the taxpayers.
5. Minimize business interruptions and other economic disruptions.
6. Minimize damage to public facilities in the floodplain.
7. Broadening the property tax base of the County by enhancing property values.
8. Discourage the victimization of unwary home and land buyers.
9. Minimize the occurrence of future flood blight areas in the floodplain.
10. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners.
11. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure
outside of the floodplain.
18.120 Title
This ordinance shall be known as the Floodplain Zoning Ordinance for St. Croix County, Wisconsin.
18.125 Areas to be Regulated
This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, Al-30, AE on the Flood Insurance
Rate Map.Additional areas identified on maps approved by the Department of Natural Resources(DNR)and local community
may also be regulated under the provisions of this ordinance, where applicable.
18.130 Official Maps
1
Special Flood Hazard Areas (SFHA) are designated as zones A, Al-30, AE, AH, AO, VE, V1-30, or V on the Flood Insurance
Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in 1. below.
Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved
by the DNR and listed in 2. below. These maps and revisions are on file in the office of the Zoning Administrator, St. Croix
Cou nty.
1. Official Maps Based on Flood Insurance Study
a. Flood Insurance Rate Maps(FIRM)dated March 16, 2009, with corresponding profiles that are based on the Flood
Insurance Study(FIS) number: 55109CV000A, dated March 16, 2009:
MAP PANELS AFFECTED: 55109C0009E, 55109C0017E, 55109C0019E, 55109C0030E, 55109C0036E, 55109C00375,
55109C0038E, 55109C0039E, 55109C004IE, 55109C00435, 55109C0044E, 55109C0055E, 55109C0060E, 55109C0061E,
55109C0062E, 55109C0063E, 55109C0064E, 55109C0066E, 55109C00675, 55109C0068E, 55109C0069E, 55109C0080E,
55109C0090E, 55109C0093E, 55109C0095E, 55109C0110E, 55109C0115E, 55109C0140E, 55109C0145E, 55109C015'7E,
55109C0158E, 55109C0159E, 55109C0166E, 55109C0167E, 55109C0169E, 55109C0176E, 55109C0181E, 55109C0182E,
55109C0184E, 55109C0187E, 55109C0188E, 55109C0189E, 55109C01928, 55109C0193E, 55109C0194E, 55109CO202E,
55109CO203E, 55109CO204E, 55109CO2062, 55109CO207E, 55109CO210E, 55109CO2115, 55109CO215E, 55109CO220E,
55109CO2265, 55109CO227E, 55109CO230E, 55109CO235E, 55109CO240E, 55109CO245E, 55109CO255E, 55109CO260E,
55109CO265E, 55109CO270E, 55109CO280E, 55109CO285E, 55109CO290E, 55109CO291E, 55109CO292E, 55109CO295E,
55109C0309E, 55109C0317E, 55109C0319E, 55109C0326E, 55109C0328E, 55109C0336E, 55109C0345E, 55109C0355E,
55109C0360E, 55109C0363E, 55109C0364E, 55109C0365E, 55109C0366E, 55109C0367E, 55109C0368E, 55109C0369E,
55109C0380E, 55109C0385E, 55109C0390E, 55109C0395E, 55109C0403E, 55109C0405E, 55109C0408E, 55109C0410E,
55109C04I5E, 55109C0420E, 55109C0430E, 55109C0435E, 55109C0440E, 55109C0457E, 55109C0481E, 55109C0482E,
55109C0501E, 55109C0510E, 55109C0530F, 55109C0535E, 55109C0555E, 55109C0560E, 55109C0580E, and
55109CO585E
b. Maps and revisions are on file in the office of the Zoning Administrator. If more than one map or revision is
referenced, the most restrictive information shall apply.
c. All Letters of Map Amendment or Revisions(LOMAs, LOMRs)approved by FEMA within St.Croix County,Wisconsin.
2. Official Maps Based on Other Studies
a. Dam Hazard Assessment, Glen Hills Structure 1, Ayers Associates, January 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
b. Dam Hazard Assessment, Glen Hills Structure 2, Ayers Associates, January 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
c. Dam Hazard Assessment, Glen Hills Structure 3, Ayers Associates, January 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
d. Dam Hazard Assessment, Glen Hills Structure 7, Ayers Associates, March 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
e. Dam Hazard Assessment, Glen Hills Structure 8, Ayers Associates, March 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
f. Dam Hazard Assessment, Glen Hills Structure 11,Ayers Associates,January 1999. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
g. Emergency Action Plan, Glen Hills Structure 4, Mead & Hunt, Inc., July 1990. Effective map and profile is the
hydraulic shadow for the 100-year event with dam failure.
h. Flood Plain Management Study, Glenwood City, Village of Downing, Village of Boyceville, Dunn & St. Croix
Counties, Wisconsin, USDA Soil Conservation Service in Cooperation with Dunn County, Wisconsin and St. Croix
County, Wisconsin, April 1984. Effective profiles include Glen Hills Structures 5, 6 and 10 in place with no failure.
i. Letter of Map Revision, Case No. 15-05-3808P. Revision to Map Panel 55109C0420E. Effective April 1, 2016.
Effective map amends the floodplain boundary within parts of the Towns of Eau Galle and Cady.
18.135 Establishment of Floodplain Zoning Districts
The flood hazard areas regulated by this ordinance are divided into districts as follows:
1. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the
channel required to carry the regional floodwaters,within AE Zones as shown on the Flood Insurance Rate Map(FIRM),
or within A Zones shown on the FIRM when determined according to § 18.525.
2
2. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE
Zones on the FIRM, or, when floodway limits have been determined according to § 18.525, within A Zones shown on
the FIRM.
3. The General Floodplain District(GFP) is those riverine areas that may be covered by floodwater during the regional
flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas
identified as AH and AO zones on the FIRM.
18.140 Locating Floodplain Boundaries
1. Discrepancies between the exterior boundaries of zones Al-30, AE, AH, or A on the official floodplain zoning map and
actual field conditions may be resolved using the criteria in 5. or 6. below. If a significant difference exists, the map
shall be amended according to § 18.800 Amendments.
2. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit,
whether or not a map amendment is required.
3. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis
upon which the district boundary was determined.
4. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according
to § 18.745 and the criteria in 5. and 6. below. Where the flood profiles are based on established base flood elevations
from a FIRM, FEMA must approve any map amendment or revision pursuant to § 18.800 Amendments.
5. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or
base flood elevations shall govern if there are any discrepancies.
6. Where flood profiles do not exist for projects, including any boundary of zone A or AO the location of the boundary
shall be determined by the map scale.
18.145 Removal of Lands From Floodplain
1. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it
is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain,
and the map is amended pursuant to § 18.800 Amendments.
2. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made
changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change,
approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management
Agency. A completed Letter of Map Revision (LOMR) is a record of this approval. The floodplain administrator shall not
sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met:
a. The land and/or land around the structure must be filled at least two feet above the regional or base flood
elevation; and
b. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit
before applying for a LOMR or LOMR-F.
3. Removal of lands from the floodplain may also occur by operation of Wis. Stat. § 87.30(1)(e) if a property owner has
obtained a letter of map amendment from the Federal Emergency Management Agency under 44 C.F.R. 70.
18.150 Compliance
1. No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed,
reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these
regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in
accordance with § 18.900.
3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator
authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if
approved by the Floodplain Administrator. Use, arrangement, or construction contractor to that authorized shall be
deemed a violation of these regulations and punishable in accordance with § 18.900.
18.155 Municipalities and State Agencies Regulated
3
1. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance
and obtain all necessary permits.
2. State agencies are required to comply if Wis. Stat. § 13.48(13) applies.
3. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department
of Transportation is exempt when Wis. Stat. § 30.2022 applies. Although exempt from a local zoning permit and permit
fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance
with Federal, State, and local floodplain standards.
18.160 Abrogation and Greater Restrictions
1. This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 59.69,
59.692 or 59.694, or 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and
effect to the extent of the greater restrictions, but not otherwise.
2. This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If
this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
18.165 Interpretation
1. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally
construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the
Wisconsin Statutes.
2. If a provision of this ordinance, required by Wis. Admin. Code Ch. NR 116, is unclear, the provision shall be interpreted
in light of the 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.
18.170 Warning and Disclaimer of Liability
1. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may
occur, or the flood height may be increased by man-made or natural causes.
2. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from
flooding and flood damages.
3. Nor does this ordinance create liability on the part of, or a cause of action against, St. Croix County or any officer or
employee thereof for any flood damage that may result from reliance on this ordinance.
18.175 Severability
Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this ordinance shall not be affected.
18.180 Effective Date
This ordinance shall be effective on March 1st, 2022.
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18.205 New Construction and Land Division
The Zoning Administrator shall review all permit applications to determine whether proposed building sites will be reasonably
safe from flooding and assure that all necessary permits have been received from those governmental agencies whose
approval is required by federal or state law.
1. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
a. Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. Be constructed with flood-resistant materials;
c. Be constructed by methods and practices that minimize flood damages; and
4
d. Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2. If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that:
a. Such proposed subdivision or other proposed new development is consistent with the need to minimize flood
damage within the flood-prone area;
b. Public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure to flood hazards.
3. All subdivision proposals(including manufactured home parks)shall include regional flood elevation and floodway data
for any development that meets the subdivision definition of this ordinance and all other requirements in § 18.725.
18.210 Hydraulic and Hydrologic Analysis
1. No floodplain development shall:
a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other
development, causing any increase in the regional flood height; or
b. Cause any increase in the regional flood height due to floodplain storage area lost.
2. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause
any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the
provisions of§ 18.800 Amendments are met.
18.215 Watercourse Alterations
1. No permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the Zoning Administrator has
notified in writing all adjacent municipalities, WI DNR and the FEMA regional office.
2. The alteration or relocation of a watercourse on an official mapped floodplain area is prohibited unless the applicant
has received all permits and approvals from the Zoning Administrator, WI DNR, FEMA and all other applicable local,
state or federal authorities.
3. The flood carrying capacity of any altered or relocated watercourse shall be maintained.
4. The Zoning Administrator may determine that the applicant must obtain conditional approval from FEMA (CLOMA,
CLOMR) prior to approving a watercourse relocation or alteration.
5. As soon as is practicable, but not later than six months after the date of a watercourse alteration or relocation, the
applicant shall submit to the Zoning Administrator and FEMA appropriate technical or scientific data in accordance with
National Flood Insurance Program guidelines that shall be used to revise the flood insurance rate map, risk premium
rates and floodplain management regulations as required.
18.220 Wisconsin Statutes, Chapter 30, 31, Development
Development which requires a permit from the WI DNR, under Wis. Stat. Chs. 30 and 31, such as docks, piers, wharves,
bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to
the floodway lines, water surface profiles, base flood elevations established in the Flood Insurance Study, or other data
from the officially adopted flood insurance rate map, or other floodplain zoning maps or the floodplain zoning ordinance
are made according to § 18.800.
18.225 Public or Private Campgrounds
Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
1. The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
2. A land use permit for the campground is issued by the zoning administrator;
3. The character of the river system and the campground elevation are such that a 72-hour warning of an impending
flood can be given to all campground occupants;
4. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this
section to all persons in the campground. This procedure shall include a written agreement between the campground
5
owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the
flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations,types of warning
systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for
conducting the evacuation;
5. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and
updated - by the officials identified in 4. above -to remain in compliance with all applicable regulations, including those
of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
6. All mobile recreational vehicles placed on the site must meet one of the following:
a. Only camping units that are fully licensed, if required, and ready for highway use are allowed;
b. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the
site only by quick-disconnect utilities and security devices and has no permanently attached additions; or
c. The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which
time the camping unit must be removed from the floodplain for a minimum of 24 hours.
7. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground
operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a
camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;
8. The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with
the terms of this section;
9. All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in
either § 18.300, 18.400, or 18.500 for the floodplain district in which the structure is located;
10. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for
evacuation when a flood warning is issued; and
11. All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage
systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
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18.305 Applicability
This section applies to all floodway areas identified on the floodplain zoning maps and those identified pursuant to § 18.525.
18.310 Permitted Uses
1. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain
district, if they are not prohibited by any other ordinance, they meet the standards in §§ 18.315 and 18.320 and all
permits have been issued according to § 18.700.
a. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
b. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
c. Nonstructural recreational uses, such as golf courses, archery ranges, picnic grounds, boat ramps, swimming
beach, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities,
hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of§ 18.315.4.
d. Uses or structures accessory to open space uses or classified as historic structures that comply with §§ 18.315.3
and 18.320.
e. Extraction of sand, gravel or other materials that comply with § 18.315.4.
f. Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational
aids and river crossings of transmission lines, and pipelines that comply with Wis. Stat. Chs. 30 and 31.
g. Public utilities, streets and bridges that comply with § 18.315.3.
h. Public or Private Campgrounds that comply with § 18.225.
i. Portable latrines that are removed prior to flooding and systems associated with recreational areas and
Department-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Adm. Code.
Ch. SPS 383.
6
j. Public or private wells used to obtain potable water for recreational areas that meet the requirements of local
ordinances and Wis. Adm. Code. Chs. NR 811 and NR 812.
k. Wastewater treatment ponds or facilities permitted under Wis. Adm. Code NR § 110.15(3)(b).
I. Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway
that complies with the regulations for the floodplain area occupied.
18.315 Standards for Development in the Floodway
1. General
a. Any development in the floodway shall comply with § 18.200 and have a low flood damage potential.
b. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine
the effects of the proposal according to§ 18.210 and § 18.715.1.c.The analysis must be completed by a registered
professional engineer in the state of Wisconsin.
c. Any encroachment in the regulatory floodway is prohibited unless the data submitted for § 18.315.1.b above
demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood
at any location or removes the encroached area from the regulatory floodway as provided in § 18.145.
2. Structures: Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally
dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize
flood damage;
b. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following
standards:
1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the
structure is watertight with walls substantially impermeable to the passage of water and completely dry to
the flood protection elevation without human intervention during flooding;
2. Have structural components capable of meeting all provisions of§ 18.315.2.g and;
3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency
Management Agency Flood proofing Certificate,that the design and methods of construction are in accordance
with § 18.315.2.g.
c. Must be anchored to resist flotation, collapse, and lateral movement;
d. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
e. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional
flood.
f. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the
applicant shall submit a plan that meets § 18.315.2.a through § 18.315.2.e and meets or exceeds the following
standards:
1. The lowest floor must be elevated to or above the regional flood elevation;
2. a minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may
be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters, otherwise must remain open.
4. The use must be limited to parking, building access or limited storage.
g. Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall
certify that the following floodproofing measures will be utilized,where appropriate,and are adequate to withstand
the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional
flood:
1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures
or debris buildup;
2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of
flood waters in such systems and must be in accordance with provisions in §§ 18.320.4 and 18.320.5.
3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
7
4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
5. Placement of utilities to or above the flood protection elevation.
3. Public Utilities, Streets and Bridges
a. Public utilities, streets and bridges may be allowed by permit, if:
1. Adequate floodproofing measures are provided to the flood protection elevation; and
2. Construction meets the development standards of§ 18.210.
4. Fills or Deposition of Materials
a. Fills or deposition of materials may be allowed by permit, if:
1. The requirements of§ 18.210 are met;
2. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Wis.
Stat. Ch. 30, and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of
1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or
bulkheading; and
4. The fill is not classified as a solid or hazardous material.
18.320 Prohibited Uses
All uses not listed as permitted uses in § 18.310 are prohibited, including the following uses:
1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open space
uses;
2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant,
fish or other aquatic life;
3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems
associated with recreational areas and Department approved campgrounds that meet the applicable provisions of§ 15
and Wis. Admin. Code Ch. SPS 383;
5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the
requirements of local ordinances and Wis. Admin. Code Chs. NR 811 and NR 812;
6. Any solid or hazardous waste disposal sites;
7. Any wastewater treatment ponds or facilities, except those permitted under Wis. Admin. Code NR 110.15(3)(b); and
8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside
the floodway which complies with the regulations for the floodplain area occupied.
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18.405 Applicability
This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to § 18.525.
18.410 Permitted Uses
Any structure, land use, or development is allowed in the floodfringe district if the standards in § 18.415 are met, the use
is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in § 18.700 have been
issued.
18.415 Standards for Development in the Floodfringe
1. All of the provisions of § 18.200 shall apply. In addition, the following requirements shall apply according to the use
requested. Any existing structure in the floodfringe must meet the requirements in § 18.600 Nonconforming Uses.
2. RESIDENTIAL USES
8
a. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe,
shall meet or exceed the following standards.Any existing structure in the floodfringe must meet the requirements
of§ 18.600 Nonconforming Uses.
b. All new construction, including placement of manufactured homes, and substantial improvement of residential
structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around
the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the
limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet §
18.145.
c. Notwithstanding § 18.415.2.b, a basement or crawlspace floor may be placed at the regional flood elevation if the
basement or crawlspace is designed to make all portions of the structure below the flood protection elevation
watertight with walls substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is
allowed below the regional flood elevation.
d. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided
in e. below.
e. In developments where existing street or sewer line elevations make compliance with d. above impractical, the
municipality may permit new development and substantial improvements where roads are below the regional
flood elevation, if:
1. The municipality has written assurance from police, fire and emergency services that rescue and relief will
be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation
planning guidelines.
3. ACCESSORY STRUCTURES OR USES
a. In addition to § 18.200, new construction and substantial improvements of accessory structures shall be
constructed on fill with the lowest floor at or above the regional flood elevation.
4. COMMERCIAL USES
a. In addition to § 18.200, any commercial structure which is erected, altered or moved into the floodfringe shall
meet the requirements of § 18.415.2. Subject to the requirements of § 18.415.6, storage yards, surface parking
lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life
and property.
5. MANUFACTURING AND INDUSTRIAL USES
a. In addition to § 18.200, any manufacturing or industrial structure which is erected, altered or moved into the
floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing
standards in § 18.760. Subject to the requirements of § 18.415.6, storage yards, surface parking lots and other
such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
6. STORAGE OF MATERIALS
a. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant,
fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with §
18.760. Adequate measures shall be taken to ensure that such materials will not enter the water body during
flooding.
7. PUBLIC UTILITIES, STREETS AND BRIDGES
a. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development
plans; and
1. When failure of public utilities, streets and bridges would endanger public health or safety, or where such
facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are
designed to comply with § 18.760.
2. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand
flood forces to the regional flood elevation.
8. SEWAGE SYSTEMS
9
a. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system,
pursuant to § 18.760.3, to the flood protection elevation and meet the provisions of all local ordinances and Wis.
Admin. Code Ch. SPS 383.
9. WELLS
a. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to §
18.760.3, to the flood protection elevation and shall meet the provisions of Wis. Adm. Code Chs. NR 811 and NR
812.
10. SOLID WASTE DISPOSAL SITES
a. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
11. DEPOSITION OF MATERIALS
a. Any deposited material must meet all the provisions of this ordinance.
12. MANUFACTURED HOMES
a. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to
minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and
escape routes, with local emergency management authorities.
b. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially
improved homes shall:
1. Have the lowest floor elevated to the flood protection elevation; and
2. Be anchored so they do not float, collapse or move laterally during a flood
c. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside
of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential
development standards for the floodfringe in § 18.415.2.
13. MOBILE RECREATIONAL VEHICLES
a. All mobile recreational vehicles must be on the site for less than 180 consecutive days and be either:
1. Fully licensed and ready for highway use; or
2. Shall meet the elevation and anchoring requirements in § 18.415.12.b and c. above.
3. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
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18.505 Applicability
The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in
AE zones within which a floodway is not delineated on the Flood insurance Rate Maps identified in § 18.130.1. Floodway
and floodfringe districts shall be delineated as required in this section.
18.510 Floodway Boundaries
For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate
Map identified in § 18.130.1, the boundaries of the regulatory floodway shall be determined pursuant to § 18.525. If the
development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of §
18.300. If the development is located entirely within the floodfringe, the development is subject to the standards of §
18.400.
18.515 Permitted Uses
1. Pursuant to § 18.525, it shall be determined whether the proposed use is located within a floodway or floodfringe area.
2. Those uses permitted in Floodway (§ 18.310) and Floodfringe (§ 18.410) Districts are allowed within the General
Floodplain District, according to the standards of § 18.520 provided that all permits or certificates required under §
18.700 have been issued.
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18.520 Standards for Development in the General Floodplain District
1. Section § 18.300 applies to floodway areas, determined pursuant to § 18.525; § 18.400 applies to floodfringe areas,
determined pursuant to § 18.525.
2. New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement,
elevated:
a. To or above the depth, in feet, as shown on the
b. above the highest adjacent natural grade; or
c. If the depth is not specified on the FIRM, to or above two (2) feet above the highest adjacent natural grade.
3. New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including
basement, elevated to or above the flood protection elevation.
4. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures.
5. All development in zones AO and zone AH shall meet the requirements of § 18.400 applicable to flood fringe areas.
18.525 Determining Floodway and Floodfringe Limits
1. Upon receiving an application for development within zone A, or within zone AE where a floodway has not been
delineated on the Flood Insurance Rate Maps, the zoning administrator shall:
a. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed
development with respect to the general floodplain district limits, stream channel, and existing floodplain
developments, along with a legal description of the property, fill limits and elevations, building floor elevations
and flood proofing measures; and the flood zone as shown on the FIRM.
b. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate
the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway
boundaries.
1. A Hydrologic and Hydraulic Study as specified in § 18.715.1.c.
2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage
elevations; size, location and layout 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. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement,
storage, water supply and sanitary facilities.
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18.605 General
1. Applicability
a. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained
within a floodplain zoning ordinance or with Wis. Stat. § 87.30, and Wis. Admin. Code Ch. NR 116.12-14, and 44
CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure
and to the use of any structure or premises which was lawful before the passage of this ordinance or any
amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the
burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the
time the use or structure was created.
b. As permit applications are received for additions, modifications, or substantial improvements to nonconforming
buildings in the floodplain,the county shall develop a list of those nonconforming buildings,their present equalized
assessed value and a list of the costs of those activities associated with changes to those buildings.
c. Effective Date. For purpose of this subchapter,the"effective date"means the time that any ordinances that create
a nonconformity take effect.
11
2. Record of Nonconforming Uses.This subsection provides an alternate procedure, pursuant to Wis. Stat. § 59.69(10)(d),
for establishing documentary evidence regarding (1) when the use was first established; (2) that the use at the time
of establishment was done consistent with the rules and regulations in effect at that time, if any; (3) that it has
continued continuously, without cessation of more than 12 continuous months; and (4) the nature of the use.
a. Registration. A property owner may register a nonconforming use when applying for any other permit in this
Chapter or may register when there is no application pending. The procedure is as follows:
1. The applicant shall provide the registration on a form provided by the Zoning Administrator.
2. The applicant shall provide the following information:
a. the specific uses that are the subject of the registration,
b. when use in question was legally established;
c. how the use does not comply with one or more of the requirements of this Chapter; and
d. evidence that the use has continued from the date, or approximate date, of establishment to the date
of registration without an interruption of more than 12 continuous months.
3. The Zoning Administrator shall take the following action:
a. approve the registration,
b. approve the application with conditions needed to establish that the use was lawfully established before
the Effective Date,
c. deny the registration on the grounds that the registration does not demonstrate the that the use is
lawfully nonconforming, or
d. take no action pending receipt of additional information needed to establish that the use is lawfully
nonconforming.
4. The Zoning Administration shall render its decision or no-action determination within forty (40) days after
the date that a complete registration is filed.
5. If the registration is approved or conditionally approved, the Zoning Administrator shall notify the applicant
in writing and shall list the use on the listing of nonconforming uses in the Community Development
Department.
6. If the registration is denied, the applicant may file an appeal pursuant to § 18.740.
7. Disclaimer. Given the nature of the listing, the County does not warrant that the information is complete
and/or accurate in all respects.
3. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance
may continue subject to the following conditions:
a. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this
ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition,
modification,structural repair, rebuilding or replacement of any such existing use, structure or accessory structure
or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other
nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply
systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not
considered maintenance.
1. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of
a principal structure is not an extension, modification or addition. The roof of the structure may extend over
a portion of the deck in order to provide safe ingress and egress to the principal structure.
b. If a nonconforming use or the use of a nonconforming structure 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 conform to
the applicable requirements of this ordinance.
c. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which
over the life of the structure would equal or exceed 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. Contiguous dry land access must be provided for residential
12
and commercial uses in compliance with § 18.415.2. The costs of elevating the lowest floor of a nonconforming
building or a building with a nonconforming use to the flood protection elevation are excluded from the 50%
provisions of this paragraph.
d. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use,
the cost of which would equal or exceed 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. Contiguous dry land access must be provided for residential and
commercial uses in compliance with § 18.415.2. Maintenance to any nonconforming structure, which does not
exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative
calculations over the life of the structure for substantial improvement calculations.
e. If on a per event basis the total value of the work being done under c. and d. equals or exceeds 50% of the
present equalized assessed value the work shall not be permitted unless the entire structure is permanently
changed to a conforming structure with a conforming use in compliance with the applicable requirements of this
ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with
§ 18.415.2.
f. Except as provided in g., if any nonconforming structure or any structure with a nonconforming use is destroyed
or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet
the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore
the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed
value.
g. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or
reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in
effect prior to the damage event, provided that the following minimum requirements are met and all required
permits have been granted prior to the start of construction:
1. Residential Structures
a. Shall have the lowest floor, including basement,elevated to or above the flood protection elevation using
fill, pilings,columns, posts or perimeter walls. Perimeter walls must meet the requirements of§ 18.760.2.
b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with
methods and materials resistant to flood damage.
c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or elevated so as to prevent water from entering or
accumulating within the components during conditions of flooding.
d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the
standards in § 18.520.
f. in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters
around and away from the structure.
2. Nonresidential Structures
a. Shall meet the requirements of § 18.605.3.g.1.a-f.
b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation;
or, together with attendant utility and sanitary facilities, shall meet the standards in § 18.760.1 or 2.
c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the
standards in § 18.520.
4. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued
designation as a historic structure, the alteration will comply with § 18.315.1, flood resistant materials are used, and
construction practices and floodproofing methods that comply with § 18.760 are used. Repair or rehabilitation of
historic structures shall be exempt from the development standards of § 18.605.3.g.1 if it is determined that the
proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is
the minimum necessary to preserve the historic character and design of the structure.
18.610 Floodway
13
1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming
use in the Floodway District, unless such modification or addition:
a. Has been granted a permit or variance which meets all ordinance requirements;
b. Meets the requirements of§ 18.605;
c. Shall not increase the obstruction to flood flows or regional flood height;
d. Any addition to the existing structure shall be floodproofed, pursuant to § 18.760, by means other than the use
of fill, to the flood protection elevation; and
e. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and
exit of flood waters without human intervention. A minimum of two openings must be provided with a
minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest
part of the opening can be no more than 12 inches above the adjacent grade;
2. The parts of the foundation located below the flood protection elevation must be constructed of flood-
resistant materials;
3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation;
and
4. The use must be limited to parking, building access or limited storage.
2. 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 the
Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway
area shall meet the applicable requirements of all municipal ordinances, § 18.760.3 and Wis. Admin. Code. Ch. SPS
383.
3. No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District.
Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable
requirements of all municipal ordinances, § 18.760.3 and Wis. Admin. Code Chs. NR 811 and NR 812.
18.615 Floodfringe
1. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming
use unless such modification or addition has been granted a permit or variance by the county and meets the
requirements of§ 18.415 except where § 18.615.2 is applicable.
2. Where compliance with 1. above 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, using the
procedures in §§ 18.740 and 18.750, may grant a variance from those provisions of 1. for modifications or additions
using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood
protection elevation may be permitted if:
a. No floor is allowed below the regional flood elevation for residential or commercial structures;
b. Human lives are not endangered;
c. Public facilities, such as water or sewer, shall not be installed;
d. Flood depths shall not exceed two feet;
e. Flood velocities shall not exceed two feet per second; and
f. The structure shall not be used for storage of materials as described in § 18.415.6.
3. All new private wastewater treatment systems, or addition to, replacement, repair or maintenance of a private
wastewater treatment system shall meet all the applicable requirements of Chapter 12 St. Croix County Sanitary
Ordinance, § 18.760.3 and Wis. Admin. Code Ch. SPS 383.
4. All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable requirements of
all municipal ordinances, § 18.760.3 and Wis. Admin. Code Ch. NR 811 and NR 812.
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18.705 Administration
14
Where a zoning administrator, planning agency or a board of adjustment has already been appointed to administer a zoning
ordinance adopted under Wis. Stat. §§ 59.69, 59.692 or 62.23(7), these officials shall also administer this ordinance.
18.710 Zoning Administrator
1. The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers:
a. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that
the regional flood elevation for the proposed development is shown on all permit applications.
b. Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of
compliance where appropriate.
c. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has
occurred.
d. Keep records of all official actions such as:
1. All permits issued, inspections made, and work approved;
2. Documentation of certified lowest floor and regional flood elevations;
3. Floodproofing certificates.
4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including
changes, appeals, variances and amendments.
5. All substantial damage assessment reports for floodplain structures.
6. List of nonconforming structures and uses that have been permitted, reviewed, registered or approved.
e. Submit copies of the following items to the Department Regional office:
1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations,
and map or text amendments;
2. Copies of case by case analyses and other required information.
3. Copies of substantial damage assessments performed and all related correspondence concerning the
assessments.
f. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney
for prosecution. Copies of the reports shall also be sent to the Department Regional office.
g. Submit copies of amendments to the FEMA Regional office.
18.715 Land Use Permit
1. A land use permit shall be obtained before any new development; repair, modification or addition to an existing
structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.
Application to the zoning administrator shall include:
a. General Information.
1. Name and address of the applicant, property owner and contractor.
2. Legal description, proposed use, and whether it is new construction or a modification.
b. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
1. Location, dimensions, area and elevation of the lot.
2. Location of the ordinary highwater mark of any abutting navigable waterways.
3. Location of any structures with distances measured from the lot lines and street centerlines.
4. Location of any existing or proposed on-site wastewater treatment systems or private water supply systems.
5. Location and elevation of existing or future access roads.
6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps.
7. The elevation of the lowest floor of proposed buildings and any fill using North American Vertical Datum
(NAVD).
8. Data sufficient to determine the regional flood elevation in NAVD at the location of the development and to
determine whether or not the requirements of§§ 18.300 or 18.400 are met.
9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional
flood height or discharge according to § 18.210. This may include any of the information noted in § 18.315.1.
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c. Hydraulic and Hydrologic Studies to Analyze Development
All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer
registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All
studies shall be reviewed and approved by the Department.
1. Zone A floodplains and in AE zones within which a floodway is not delineated:
a. Hydrology
1. The appropriate method shall be based on the standards in Wis. Admin. Code NR § 116.07(3),
Hydrologic Analysis:Determination of Regional Flood Discharge.
b. Hydraulic modeling. The regional flood elevation shall be based on the standards in Wis. Admin. Code
NR § 116.07(4), Hydraulic Analysis:Determination of Regional Flood Elevation and the following:
1. Determination of the required limits of the hydraulic model shall be based on detailed study
information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
2. Channel sections must be surveyed.
3. Minimum four-foot contour data in the overbanks shall be used for the development of cross section
overbank and floodplain mapping.
4. A maximum distance of 500 feet between cross sections is allowed in developed areas with
additional intermediate cross sections required at transitions in channel bottom slope including a
survey of the channel at each location.
5. The most current version of HEC RAS shall be used.
6. A survey of bridge and culvert openings and the top of road is required at each structure.
7. Additional cross sections are required at the downstream and upstream limits of the proposed
development and any necessary intermediate locations based on the length of the reach if greater
than 500 feet.
8. Standard accepted engineering practices shall be used when assigning parameters for the base
model such as flow, Manning's N values, expansion and contraction coefficients or effective flow
limits. The base model shall be calibrated to past flooding data such as high water marks to
determine the reasonableness of the model results. If no historical data is available, adequate
justification shall be provided for any parameters outside standard accepted engineering practices.
9. The model must extend past the upstream limit of the difference in the existing and proposed flood
profiles in order to provide a tie-in to existing studies. The height difference between the proposed
flood profile and the existing study profiles shall be no more than 0.00 feet.
c. Mapping. A work map of the reach studied shall be provided, showing all cross-section locations,
floodway/floodplain limits based on best available topographic data, geographic limits of the proposed
development and whether the proposed development is located in the floodway.
1. If the proposed development is located outside of the floodway, then it is determined to have no
impact on the regional flood elevation.
2. If any part of the proposed development is in the floodway, it must be added to the base model to
show the difference between existing and proposed conditions. The study must ensure that all
coefficients remain the same as in the existing model, unless adequate justification based on
standard accepted engineering practices is provided.
2. Zone AE F000dplains
a. Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used
shall be based on Wis. Admin. Code Ch. NR 116.07(3), Hydrologic Analysis Determination of Regional
Flood Discharge.
b. Hydraulic model. The regional flood elevation shall be based on the standards in Wis. Admin. Code NR
§ 116.07(4), Hydraulic Analysis Determination of Regional Flood Elevation and the following:
16
1. Duplicate Effective Model
The effective model shall be reproduced to ensure correct transference of the model data and to
allow integration of the revised data to provide a continuous FIS model upstream and downstream
of the revised reach. If data from the effective model is available, models shall be generated that
duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to
within 0.1 foot.
2. Corrected Effective Model.
The Corrected Effective Model shall not include any man-made physical changes since the effective
model date but shall import the model into the most current version of HEC-RAS for Department
review.
3. Existing (Pre-Project Conditions) Model.
The Existing Model shall be required to support conclusions about the actual impacts of the project
associated with the Revised (Post-Project) Model or to establish more up-to-date models on which
to base the Revised (Post-Project) Model.
4. Revised (Post-Project Conditions) Model.
The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed
changes to the topography caused by the proposed development. This model shall reflect proposed
conditions.
5. All changes to the Duplicate Effective Model and subsequent models must be supported by certified
topographic information, bridge plans, construction plans and survey notes.
6. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being
requested. Cross sections upstream and downstream of the revised reach shall be identical to those
in the effective model and result in water surface elevations and topwidths computed by the revised
models matching those in the effective models upstream and downstream of the revised reach as
required. The Effective Model shall not be truncated.
c. Mapping. Maps and associated engineering data shall be submitted to the Department for review which
meet the following conditions:
1. Consistency between the revised hydraulic models,the revised floodplain and floodway delineations,
the revised flood profiles, topographic work map, annotated Flood Insurance Rate Maps (FIRM)s
and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
2. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the
applicable items. If a digital version of the map is available, it may be submitted in order that the
FIRM may be more easily revised.
3. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway
boundaries.
4. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all
supporting documentation or metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance
with FEMA mapping specifications.
5. The revised floodplain boundaries shall tie into the effective floodplain boundaries.
6. All cross sections from the effective model shall be labeled in accordance with the effective map
and a cross section lookup table shall be included to relate to the model input numbering scheme.
7. Both the current and proposed floodways shall be shown on the map.
8. The stream centerline, or profile baseline used to measure stream distances in the model shall be
visible on the map.
d. Expiration. All permits issued under the authority of this ordinance shall expire no more than 180 days after
issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted
work has not started within 180 days of the permit date, the development must comply with any regulation,
including any revision to the FIRM or FIS, that took effect after the permit date.
17
18.720 Certificate of Compliance
No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired,
rebuilt or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no
permit is required, subject to the following provisions:
1. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform
to the provisions of this ordinance;
2. Application for such certificate shall be concurrent with the application for a permit;
3. If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification
that the permitted work is completed;
4. The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that
the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures
also require certification by a registered professional engineer or architect that the requirements of§ 18.760 are met.
5. Where applicable pursuant to § 18.520, the applicant must submit a certification by a registered professional engineer
or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor
(excluding pilings or columns), and an indication of whether the structure contains a basement.
6. Where applicable pursuant to § 18.520, the applicant must submit certifications by a registered professional engineer
or architect that the structural design and methods of construction meet accepted standards of practice as required by
§ 18.520.
18.725 Other Permits
Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and
local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
18.730 Community Development Committee (CDC)
1. The Community Development Committee(CDC) is created as a standing committee of the County Board of Supervisors.
2. The CDC is organized and has the powers assigned by the Rules and Bylaws of the Board of Supervisors, St. Croix
County Wisconsin(effective March 6, 2018,as amended).This includes the power and duty to act as the County Zoning
Agency pursuant to Wis. Stat. § 59.69(2).
3. The CDC shall review and advise the county board on all proposed amendments to this ordinance, maps and text.
4. The CDC shall not:
a. Grant variances to the terms of the ordinance in place of action by the Board of Adjustment; or
b. Amend the text or zoning maps in place of official action by the governing body.
18.735 Board of Adjustment
1. Created. A Board of Adjustment is created pursuant to Wis. Stat. § 59.694.
2. Authorization and Composition. The Chair of the St. Croix County Board of Supervisors shall appoint a Board of
Adjustment consisting of five (5) members and two (2) alternate members. All appointments shall be subject to
confirmation by the St. Croix County Board of Supervisors.
3. Procedural Rules.
a. The Board of Adjustment shall select its own chairman and meet at the call of the chairman and at other times
that the Board determines, at a fixed time and place.
b. All meetings of the Board of Adjustment shall be open to the public.
c. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each
question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the office of the Zoning Administrator as a public record.
d. In the case of an appeal, the Board of Adjustment shall solicit and weigh information and comments from the
CDC.
4. Powers and Duties. The Board of Adjustment shall:
18
a. Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or administration of this chapter. All appeals
are governed by § 18.740;
b. Boundary Disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain
zoning map pursuant to § 18.745;
c. Variances. Hear and decide, upon appeal, variances from the ordinance standards pursuant to § 18.750.
18.740 Appeals to the Board
1. Applicability. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer or
department of the municipality affected by any decision of the Zoning Administrator, or other administrative officers.
2. Initiation.
a. The appeal shall be taken within 30 days unless otherwise provided by the rules of the Board of Adjustment.
b. The applicant shall file a notice of appeal specifying the grounds for the appeal with the officer from whom the
appeal is taken and with the Board of Adjustment.
c. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from was taken.
d. An appeal stays all proceedings in furtherance of the action appealed from, in accordance with Wis. Stat. §
59.694(5).
3. Notice and Hearing for Appeal Including Variances.
a. Notice. The board shall:
1. Fix a reasonable time for the hearing;
2. Publish adequate notice required by Table 18.740.1, specifying date, time, place, and subject of the hearing;
and
3. Assure that notice shall be mailed to the parties in interest and the Department Regional Office at least 10
days in advance of hearing.
Table 18.740.1 Notice Required for Appeals
Publication Yes-Class 2 Once each week for 2 consecutive weeks,with the last
notice at least 1 week before the hearing
signs No --
Mail No
Electh6nie Transmission Optional, --
b. Hearing. Any party may appear in person or by agent. The board shall:
1. Resolve boundary disputes according to § 18.745;
2. Decide variance applications according to § 18.750; and
3. Decide appeals of permit denials according to § 18.755.
4. Decision. The final decision regarding the appeal or variance application shall:
a. Be made within a reasonable time;
b. Be sent to the Department Regional Office within 10 days of the decision;
c. Be a written determination signed by the chairman or secretary of the Board;
d. State the specific facts which are the basis for the Boards decision;
e. A majority vote of the Board of Adjustment is required to either affirm, reverse, vary or modify the order,
requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or
grant or deny the variance application; and
f. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of
a variance, clearly stated in the recorded minutes of the Board proceedings.
18.745 Boundary Disputes
19
The following procedure shall be used by the Board of Adjustment in hearing disputes concerning floodplain district
boundaries:
1. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or
profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;
2. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and
technical evidence to the Board; and
3. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the
boundary location to petition the governing body for a map amendment according to § 18.800 Amendments.
18.750 Variances
1. The Board of Adjustment may, upon appeal, grant a variance from the standards of this ordinance if an applicant
convincingly demonstrates that:
a. Literal enforcement of the ordinance provisions will cause unnecessary hardship;
b. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to
adjacent lots or premises. In such case the ordinance or map must be amended;
c. The variance is not contrary to the public interest; and
d. The variance is consistent with the purpose of this ordinance in § 18.115.
2. In addition to the criteria in 1. above, to qualify for a variance under FEMA regulations, the Board must find that the
following criteria have been met:
a. The variance shall not cause any increase in the regional flood elevation (RFE);
b. The applicant has shown good and sufficient cause for issuance of the variance;
c. Failure to grant the variance would result in exceptional hardship;
d. Granting the variance will not result in additional threats to public safety,extraordinary expense,create a nuisance,
cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
e. The variance granted is the minimum necessary, considering the flood hazard, to afford relief;
3. A variance shall not:
a. Grant, extend or increase any use prohibited in the zoning district;
b. Be granted for a hardship based solely on an economic gain or loss;
c. Be granted for a hardship which is self-created;
d. Damage the rights or property values of other persons in the area;
e. Allow actions without the amendments to this ordinance or map(s) required in § 18.800 Amendments; and
f. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as
an historic structure.
4. When a floodplain variance is granted the Board of Adjustment shall notify the applicant in writing that it may increase
risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy
shall be maintained with the variance record.
18.755 Appeals of Permit Denials
1. The Board of Adjustment shall review all data related to the appeal. This may include:
a. Permit application data listed in § 18.715;
b. Floodway/floodfringe determination data in § 18.525;
c. Data listed in § 18.315.1.b where the applicant has not submitted this information to the zoning administrator;
and
d. Other data submitted with the application, or submitted to the Board with the appeal.
2. For appeals of all denied permits the Board shall:
a. Follow the procedures of § 18.740;
b. Consider zoning agency recommendations; and
20
c. Either uphold the denial or grant the appeal.
3. For appeals concerning increases in regional flood elevation the Board shall:
a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may
only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with
all adversely affected property owners as per the requirements of§ 18.800 Amendments; and
b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an
increase provided no other reasons for denial exist.
18.760 Floodproofing Standards
1. No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood
elevation until the applicant submits a plan certified by a registered professional engineer or architect that the
floodproofing measures will protect the structure or development to or above the flood protection elevation and submits
a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in §§ 18.200,
18.300, 18.400, 18.500.
2. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant
submits a plan either:
a. Certified by a registered professional engineer or architect; or
b. Meeting or exceeding the following standards:
1. A minimum of two openings having a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one-foot above grade; and
3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
3. Floodproofing measures shall be designed, as appropriate, to:
a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b. Protect structures to the flood protection elevation;
c. Anchor structures to foundations to resist flotation and lateral movement;
d. Minimize or eliminate infiltration of flood waters;
e. Minimize or eliminate discharges into flood waters;
f. Placement of essential utilities to or above the flood protection elevation; and
g. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and
exit of flood waters without human intervention. A minimum of two openings must be provided with a
minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest
part of the opening can be no more than 12 inches above the adjacent grade;
2. The parts of the foundation located below the flood protection elevation must be constructed of flood-
resistant materials;
3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation;
and
4. The use must be limited to parking, building access or limited storage.
18.765 Public Information
1. Place marks on structures to show the depth of inundation during the regional flood.
2. All maps, engineering data and regulations shall be available and widely distributed.
3. All real estate transfers should show what floodplain zoning district any real property is in.
18.770 Expiration of Permit or Variance
1. All permits or variances issued under the authority of this chapter shall expire no more than 180 days after issuance.
2. The permit may be extended for a maximum of 180 days for good and sufficient cause.
21
3. If the permitted work has not started within 180 days of the permit date, the development must comply with any
regulation, including any revision to the FIRM or FIS, that took effect after the permit date.
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Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning
maps, floodway lines and water surface profiles, in accordance with § 18.805.
1. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a
Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain
zoning maps, floodway lines and water surface profiles, in accordance with § 18.805. Any such alterations must be
reviewed and approved by FEMA and the DNR.
2. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional
Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway
lines, and water surface profiles, in accordance with § 18.805.
18.805 General
The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner
outlined in § 18.810 below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map
Change (LOMC) include, but are not limited to, the following:
1. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
2. Any change to the floodplain boundaries and/or watercourse alterations on the Flood Insurance Rate Map (FIRM);
3. Any changes to any other officially adopted floodplain maps listed in § 18.130.2;
4. Any floodplain fill 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;
5. Correction of discrepancies between the water surface profiles and floodplain maps;
6. Any upgrade to a floodplain zoning ordinance text required by Wis. Adm. Code NR § 116.05, or otherwise required by
law, or for changes by the municipality; and
7. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the
floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
18.810 Procedures
Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 59.69. The
petitions shall include all data required by § 18.525 and § 18.715. The Land Use Permit shall not be issued until a Letter of
Map Revision is issued by FEMA for the proposed changes.
1. The proposed amendment shall be referred to the Community Development Committee for a public hearing and
recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the
Wisconsin Department of Natural Resources Regional office for review prior to the hearing. The amendment procedure
shall comply with the provisions of Wis. Stats. § 59.69.
2. No amendments shall become effective until reviewed and approved by the Department.
3. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height,
shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners
and notify local units of government before the amendment can be approved by the governing body.
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18.905 General Provisions
This section provides for enforcement and penalties for violations of this chapter. The County may initiate court action to
enforce the chapter. An enforcement can result in a citation, court injunction, and/or forfeitures.
18.910 Violations
22
1. Declaration of Violations. Any of the following are considered unlawful and a violation of this Chapter, and are
subject to the enforcement remedies provided by § 18.915 and Wisconsin state law:
a. Generally
1. Any of the following activities if they occur in a manner that does not conform to this Chapter, including the
district where the land or structure is located:
a. The use or occupancy of any land, premises, building or structure,
b. The construction, placement, design, erection, moving, alteration, use or occupancy of a building or
structure,
c. Establishing, changing, or expanding a use, building or structure,
d. Operating a use,
e. Designing, erecting, constructing, or altering a structure, or
f. Reducing or enlarging a building, site, or development area.
2. Examples of ways that the activities described above may not conform to this Chapter include:
a. Buildings or structures that exceed the applicable height limits,
b. Buildings or structures with less lot area than required by this Chapter,
c. Buildings, structures or lots with larger, wider, narrower or smaller front, side and rear yards than
required by the district where the structure is located.
b. Development or use without,or inconsistent with, permit or approval. Any activity that is not authorized
or is inconsistent with all of the required permits, approvals, certificates and authorization required by this Chapter
(see Procedures).
c. Development or use inconsistent with this Chapter. Any use or activity that:
1. is not allowed by the applicable zoning district,
2. does not include any conditional use permit or other authorization required by the zoning district or this
Chapter,
3. does not comply with the dimensional standards or other regulations of the applicable district,
4. does not comply with any applicable Development Standards,
5. does not comply with any applicable Use Regulations, or
6. that is a nonconformity, but:
a. was not lawfully established, or
b. is operated in a manner that becomes unlawful after it is lawfully established, or
c. does not comply with any lawful conditions relating to its operation, expansion, or continuation.
d. Development or use inconsistent with conditions. With regard to any term, condition or qualification placed
by the County upon a required permit, certificate, rezoning, conditional use permit, variance, appeal, land use
permit, or other form of authorization granted by the County to allow the use, development or other activity upon
land or improvements of land:
1. Any non-compliance with the condition, by act or omission, or
2. failure to timely fulfill the condition.
e. Making setbacks or yard nonconforming. To reduce or diminish any lot area so that the setbacks, yards or
open spaces are smaller than prescribed by this Chapter.
f. Increasing use intensity. To increase the intensity and/or density of use of any land or structure in a way that
exceeds any limits prescribed by the applicable zoning district.
g. Removing, defacing,obscuring notice. To remove, deface or obscure, or otherwise interfere with, any notice
required by this Chapter.
2. Violations of Prior Regulations
a. All violations of prior County zoning regulations as of the effective date of this Chapter, continue to be violations
and are not considered legal nonconforming situations under this Chapter.
b. The County has the same authority to secure remedies for violations of those regulations to the same extent that
it may secure civil remedies for violations of this Chapter.
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3. Identification and Liability of Parties
a. The following parties shall comply with all provisions of this Chapter which bear upon their area of competency
and responsibility:
1. owners of land or properties,
2. occupants of land or premises,
3. agents of owners or occupants including without limitation, building contractors, surveyors, plumbers,
installers, soil technicians, road builders, grading and excavating contractors and their agents, and
4. lending institutions and insurers, and their agents .
b. Any person who violates or aids or abets in a violation of this Chapter is liable to prosecution or remedial action.
c. This Chapter applies fully to all public governmental and quasi-public and quasi- governmental lands,
developments and activities unless specifically exempted by State or federal law.
4. Continuation a Separate Offense. Each day a violation exists or continues is a separate offense.
18.915 Penalties
1. Citations. For a violation, a citation may be issued pursuant to Chapter 1 of the St. Croix County Code of Ordinances.
2. Forfeitures. For a violation, a forfeiture of not more than $50, together with a taxable cost of such action, may be
imposed upon conviction or adjudication, plus the cost of prosecution for each violation if so ordered by the court.
3. Injunctions/Restraining Orders. As a substitute for or an addition to forfeiture actions, the Corporation Counsel
may,on behalf of the County,seek enforcement of any and all parts of this Chapter by court actions seeking injunctional
or restraining orders.
4. Stop work. With or without revoking permits, the County may stop work on any development, building, or structure
on any land on which there is an uncorrected violation of a provision of this Chapter or a violation of a condition or
qualification of a permit, certificate, approval or other authorization previously granted by the County.
5. Other Remedies.
a. No provision of this chapter shall be construed to bar action to enjoin or abate the use or occupancy of any land
or structure as a nuisance under Wisconsin law.
b. In addition to the enforcement powers and remedies specified in this Section, the County may exercise any and
all enforcement powers and remedies granted to it by Wisconsin state law.
6. Cumulative. These remedies are cumulative.
18.920 Enforcement Procedures
1. Investigation and Notice of Violations
a. Zoning Administrator to Enforce Chapter. The Zoning Administrator or designee shall inspect and investigate
compliance of land use activities with the terms of this Chapter.
b. Notice of Violation.
1. The Zoning Administrator or designee shall:
a. inspect and investigate conditions that are or are likely to become a violation (as defined in § 18.910),
and
b. immediately notify the parties responsible and potentially liable pursuant to § 18.910 of the detected
violation, and
c. is authorized to report the violation to the Corporation Counsel and to sign a complaint.
2. Contents of Notice of Violation. The notice of violation shall include:
a. The person(s) responsible for the violation,
b. The nature of the violation,
c. A demand that the condition that is alleged to constitute the present or potential violation be halted,
prevented from occurring or remedied; or
d. A statement that a complaint on the condition and demand for prosecution has been or will be
transmitted to the Corporation Counsel or enforcement officials, State agencies or both.
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c. Referral for Prosecution. If an enforcement demand is issued under subsection c above and is not complied
with, the Zoning Administrator may file a complaint and demand for prosecution, unless an administrative appeal
is commenced and a stay order is issued pursuant to § 18.740.
2. Prosecution
a. The Corporation Counsel shall prosecute violations of this chapter reported by the Zoning Administrator.
b. Nothing in this section shall be deemed to prevent private prosecutions of violations pursuant to Wis. Stat. §
59.69(11) or other sections of the Wisconsin Statutes or common law.
18.925 Revocation of Permit or Approval
1. Permits
a. A permit may be revoked by the official issuing the permit at any time prior to the completion of the use, building,
structure or sign for which the permit was issued, when any of the following conditions are present:
1. There is departure from the plans, specifications or conditions as required under the terms of the permit,
2. The permit was procured by false representation, or
3. The permit was issued by mistake, or
4. Any provision of this Chapter is being violated.
b. Written notice of the revocation shall be:
1. served upon the owner, the owner's agent or contractor, or upon any person employed in the building or
structure for which the permit was issued, or
2. posted in a prominent location on the property, or
3. sent by certified mail.
c. Where notice of revocation is served or posted, no further construction or use of the property shall proceed.
d. Any revocation of a permit may be appealed to the Board of Adjustment as provided in § 18.755.
2. Conditional Use Permit, Variance or Appeal. Where a conditional use, appeal or variance is approved subject to
specified conditions and where those conditions are not complied with, the Board of Adjustment may conduct a hearing
following procedures similar to those followed in considering the granting of the a conditional use, appeal or variance.
Finding of noncompliance with the conditions originally imposed is grounds for revocation.
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Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied
in accordance with their common usage. Words used in the present tense include the future, the singular number includes
the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not
discretionary.
A Zones: Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These
areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending
on the availability of data for a given area.
AH Zone: See"Area of Shallow Flooding".
AO Zone: See "Area of Shallow Flooding"
Accessory Structure or Use: A facility, structure, building or use which is accessory or incidental to the principal use of
a property, structure or building.
Alteration: An enhancement, upgrading or substantial change or modifications other than an addition or repair to a
dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate
Map(FIRM)with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding
is characterized by ponding or sheet flow.
25
Base Flood: Means the flood having a one percent chance of being equaled or exceeded in any given year, as published
by FEMA as part of a FIS and depicted on a FIRM.
Basement: Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
Building: See Structure.
Bulkhead Line: A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and
approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and
the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
Campground: Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for
nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.
Camping Unit: Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not
limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for
highway use.
Certificate of Compliance: A certification that the construction and the use of land or a building, the elevation of fill or
the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
Channel: A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Crawlways or Crawl Space: An enclosed area below the first usable floor of a building, generally less than five feet in
height, used for access to plumbing and electrical utilities.
Deck: An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of
precipitation.
Department: The Wisconsin Department of Natural Resources.
Development: Any artificial 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 alterations to buildings, structures or
accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless
of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation;
mining,dredging, filling,grading, paving,excavation or drilling operations; the storage,deposition or extraction of materials
or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Dryland Access: A vehicular access route which is above the regional flood elevation and which connects land located in
the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough
for wheeled rescue and relief vehicles.
Encroachment: Any fill, structure, equipment, use or development in the floodway.
Federal Emergency Management Agency (FEMA): The federal agency that administers the National Flood Insurance
Program.
Flood Insurance Rate Map(Firm): A map of a community on which the Federal Insurance Administration has delineated
both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal
Emergency Management Agency.
Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas caused
by one of the following conditions:
• The overflow or rise of inland waters;
• The rapid accumulation or runoff of surface waters from any source;
• The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake
Michigan or Lake Superior; or
• The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
Flood Frequency: The probability of a flood occurrence which is determined from statistical analyses. The frequency of a
particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent
(%) chance of occurring in any given year.
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Floodfringe: That portion of the floodplain outside of the floodway which is covered by flood waters during the regional
flood and associated with standing water rather than flowing water.
Flood Hazard Boundary Map: A map designating approximate flood hazard areas. Flood hazard areas are designated as
unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the
regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance
Study and a Flood Insurance Rate Map.
Flood Insurance Study: A technical engineering examination, evaluation, and determination of the local flood hazard
areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones
and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and
unnumbered A Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the
regulatory and the insurance aspects of the National Flood Insurance Program.
Floodplain: Land which has been or may be covered by flood water during the regional flood. It includes the floodway
and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain Island: A natural geologic land formation within the floodplain that is surrounded, but not covered, by
floodwater during the regional flood.
Floodplain Management: Policy and procedures to insure wise use of floodplains, including mapping and engineering,
mitigation, education, and administration and enforcement of floodplain regulations.
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.
Floodproofing: Any combination of structural provisions, changes or adjustments to properties and structures, water and
sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
Flood Protection Elevation: An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see:
FREEBOARD.)
Flood Storage: Those floodplain areas where storage of floodwaters has been taken into account during analysis in
reducing the regional flood discharge.
Floodway: The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry
the regional flood discharge.
Freeboard: A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard
compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage
areas due to development and aggregation of the river or stream bed.
Habitable Structure: Any structure or portion thereof used or designed for human habitation.
Hearing Notice: Publication or posting meeting the requirements of Ch. 985, Stats. For appeals,a Class 1 notice, published
once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2
notice, published twice,once each week consecutively,the last at least a week(7 days) before the hearing. Local ordinances
or bylaws may require additional notice, exceeding these minimums.
High Flood Damage Potential: Damage that could result from flooding that includes any danger to life or health or any
significant economic loss to a structure or building and its contents.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed
walls of a structure.
Historic Structure: Any structure that is either:
• Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register;
• Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic
district;
• Individually listed on a state inventory of historic places in states with historic preservation programs which have been
approved by the Secretary of the Interior; or
27
• Individually listed on a local inventory of historic places in communities with historic preservation programs that have
been certified either by an approved state program,as determined by the Secretary of the Interior; or by the Secretary
of the Interior in states without approved programs.
Increase in Regional Flood Height: A calculated upward rise in the regional flood elevation greater than 0.00 foot,
based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the
floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and
contraction coefficients and discharge.
Land Use: Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.)
Lowest Adjacent Grade: Elevation of the lowest ground surface that touches any of the exterior walls of a building.
Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements of 44 CFR 60.3.
Maintenance: The act or process of restoring to original soundness, including redecorating, refinishing, nonstructural
repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
Manufactured 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 required utilities. The term "manufactured
home" includes a mobile home but does not include a "mobile recreational vehicle."
Mobile/Manufacture Home Park, Expansion to Existing: The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities,
construction of streets and either final site grading, or the pouring if concrete pads.
Mobile Recreational Vehicle: A vehicle which is built on a single chassis, 400 square feet or less when measured at the
largest horizontal projection,designed to be self-propelled,carried or permanently towable by a licensed, light-duty vehicle,
is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried
onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within
the definition of"mobile recreational vehicles."
Model, Corrected Effective: A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective
Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic
information than that used in the current effective model.
Model, Duplicate Effective: A copy of the hydraulic analysis used in the effective FIS and referred to as the effective
model.
Model, Effective: The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
Model, Existing (Pre-Project): A modification of the Duplicate Effective Model or Corrected Effective Model to reflect
any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the
construction of the project for which the revision is being requested. If no modification has occurred since the date of the
effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
Model, Revised (Post-Project): A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model
or Corrected Effective Model to reflect revised or post-project conditions.
Municipality or Municipal: The county, city or village governmental units enacting, administering and enforcing this
zoning ordinance.
NAVD or North American Vertical Datum: Elevations referenced to mean sea level datum, 1988 adjustment.
NGVD of National Geodetic Vertical Datum: Elevations referenced to mean sea level datum, 1929 adjustment.
New Construction: For floodplain management purposes, "new construction" means structures for which the start of
construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and
includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
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Non-Flood Disaster: A fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes
flood.
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 floodfringe district is a conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
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 occupies. (Such as a residence in the floodway.)
Obstruction to Flow: Any development which blocks the conveyance of floodwaters such that this development alone or
together with any future development will cause an increase in regional flood height.
Official Floodplain Zoning Map: That map, adopted and made part of this ordinance, as described in s. 1.5(2), which
has been approved by the Department and FEMA.
Open Space Use: Those uses having a relatively low flood damage potential and not involving structures.
Ordinary High Water Mark: The point on the bank or shore up to which the presence and action of surface water is so
continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Person: An individual, or group of individuals, corporation, partnership, association, municipality or state agency.
Private Sewage System: A sewage treatment and disposal system serving one structure with a septic tank and soil
absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the
Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located on a different parcel than the structure.
Public Utilities:Those utilities using underground or overhead transmission lines such as electric,telephone and telegraph,
and distribution and collection systems such as water, sanitary sewer and storm sewer.
Reasonably Safe From Flooding: Means base flood waters will not inundate the land or damage structures to be
removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed
buildings.
Regional Flood: A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional
flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM,
the RFE is equivalent to the BFE.
Start of Construction: The date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation,addition, placement,or other improvement was within 180 days of the permit date.The actual
start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor
does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
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, including, but not limited to, roofed and walled buildings, gas or liquid
storage tanks, bridges, dams and culverts.
Subdivision: Has the meaning given in Wis. Stat. § 236.02(12).
Substantial Damage: Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its
pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the
damage occurred.
29
Substantial Improvement: Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure,
the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or
repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement
regardless of the work performed. The term does not, however, include either any project for the improvement of a building
required to correct existing health, sanitary or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will
not preclude the structure's continued designation as a historic structure.
Unnecessary Hardship: Where special conditions affecting a particular property, which were not self-created, have made
strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or
unreasonable in light of the purposes of the ordinance.
Variance: An authorization by the Board of Adjustment for the construction or maintenance of a building or structure in a
manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
Violation: The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A
structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates
or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is
provided.
Watershed: The entire region contributing runoff or surface water to a watercourse or body of water.
Water Surface Profile: A graphical representation showing the elevation of the water surface of a watercourse for each
position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in
regulating floodplain areas.
Well: means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain
groundwater regardless of its intended use.
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ST. CROIX COUNTY
PUBLIC HEARING NOTICE
The St. Croix County Community Development Committee will hold a public hearing on Thursday,
February 17, 2022, at 5:00 PM, or shortly thereafter, at the St. Croix County Government Center,
County Board Room, 1101 Carmichael Road, Hudson, Wisconsin, to consider proposed
amendments to the St. Croix County Code of Ordinances, Land Use and Development, Chapter
17.40, Floodplain Overlay District to reflect the following:
1) Subchapter IV, Section 17.40, Floodplain Overlay District is repealed and recreated as
Chapter 18 Floodplain Zoning.
The purpose of the proposed floodplain zoning ordinance revision is to meet state and federal
law requirements. Updates include reorganization and creation as a stand-alone ordinance;
hydraulic and hydrologic studies to analyze development added; hydraulic standards clarified;and
various standards added or removed for Floodfringe, nonconforming uses & structures and
variances. These revisions govern development in mapped floodplain areas in all unincorporated
areas of St. Croix County. The proposed regulations are intended to protect life, health and
property in floodplain areas and will govern uses permitted in mapped floodplains.Activities such
as dredging, filling, excavating and construction of buildings are generally allowed, but may be
restricted according to which flood zone the property is in.
A copy of the proposed ordinance is on file at the office of the St. Croix County Community
Development Department at 1101 Carmichael Road, Hudson, Wisconsin. The proposed
ordinance is also available on the county website (www.sccwi.r�ov What's Happening section).
Interested parties may submit written or oral comments on this matter any time prior to the
hearing or at the hearing. Please submit written comments, by mail, email or in person as
follows:
Mail/In Person: St. Croix County, Attn: Brett Budrow, Planning & Land Information Administrator,
1101 Carmichael Road, Hudson, WI 54016
Email: cd OR brett.budrow��
By: Dan Hansen, Chair
Community Development Committee
From: William Tilton
Sent: Monday, February 14, 2022 5:05 PM
To: CDD; Brett Budrow
Cc: Bill William Leo Tilton
Subject: Public comment on proposed Ch 18 Floodplain Draft Encode 2022-02-17
1 see one flaw in the proposed new floodplain ordinance. This has to do with an outmoded
requirement that floodproofing must be done via "fill" in one part of the ordinance, while other
parts acknowledge that floodproofing might be done by other methods.
In 18.415 Standards for Development in the Floodfringe I see the following language:
2. RESIDENTIAL USES a. Any structure, including a manufactured home, which is to be newly
constructed or moved into the floodfringe, shall meet or exceed the following standards. Any
existing structure in the floodfringe must meet the requirements of§ 18.600 Nonconforming
Uses. b. All new construction, including placement of manufactured homes, and substantial
improvement of residential structures, shall have the lowest floor elevated to or above the
flood protection elevation on fill. The fill around the structure shall be one foot or more above
the regional flood elevation extending at least 15 feet beyond the limits of the structure. No
area may be removed from the floodfringe district unless it can be shown to meet §
18.145. [bolding added]
I believe that this requirement of floodproofing on "fill" including a 15' shoulder is unnecessary
and in conflict with other provisions. See the following contained in section 18.600
NONCONFORMING USES AND STRUCTURES, 18.605 General:
g. For nonconforming buildings that are substantially damaged or destroyed by a nonflood
disaster, the repair or reconstruction of any such nonconforming building shall be permitted in
order to restore it to the size and use in effect prior to the damage event, provided that the
following minimum requirements are met and all required permits have been granted prior to
the start of construction:
1. Residential Structures
a. Shall have the lowest floor, including basement, elevated to or above the flood protection
elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the
requirements of§ 18.760.2
1 had extensive personal experience dealing with the St. Croix County Zoning/Community Development
office on this issue. I provided proof from a structural engineer that adequate floodproofing (even
superior to fill) may be accomplished by a sufficiently strong foundation. And, as section 18.605 g
acknowledges, sufficient floodproofing can also be done via pilings or columns or posts. This is
consistent with FEMA regulations,which in fact discourage floodproofing via fill in favor of pilings, posts,
columns or perimeter walls. In fact, my own property on the St Croix River provided an excellent
example of how floodproofing via fill would be extremely counterproductive to shoreland
preservation. I suggest that section 18.415 be amended to include language like "floodproofing of
existing structures may be accomplished via fill, pilings, columns, posts or perimeter walls provided that
plans therefore are approved by a registered architect or structural engineer" or something similar.
Submitted with respect,
Bill Tilton
c: 612-867-7473
o: 651-224-7687