Section 116.12. Development standards in floodway areas.

 

(1)   Prohibited uses. Municipalities shall prohibit the following uses in floodway areas:

(a) Except as provided in sub. (2) , any development which will cause an obstruction to flood flows or an increase in regional flood discharge or will adversely affect the existing drainage courses or facilities.

(b) A structure is always prohibited in, on or over floodway areas if the structure is:

1. Designed for human habitation;

2. Associated with high flood damage potential; or

3. Not associated with permanent open space uses.

(c) Any storage of materials that are buoyant, flammable, explosive or injurious to human, animal, plant, fish or other aquatic life.

(d) Any use which is not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts.

(e) Any sewage system, whether public or private, except portable latrines that are removed during flooding, or systems associated with recreational areas that meet the applicable provisions of local ordinances and ch. SPS 383 .

(f) Any well, whether public or private, which is used to obtain water for ultimate human consumption, except systems associated with recreational areas that meet the applicable provisions of municipal zoning ordinances and chs. NR 811 and 812 .

(g) Any solid or hazardous waste disposal facility.

(h) Any wastewater treatment pond or facility except as permitted in s. NR 110.15 (3) (b) .

(i) Any sanitary sewer or water line except those used to service existing development or proposed development located outside of the floodway and which comply with the requirement for the floodplain area on which it is located.

(2)   Permitted uses and structures. Municipalities, using the appropriate procedure described in s. NR 116.21 , may issue permits in floodway areas allowing open space uses having a relatively low flood damage potential, such as those uses associated with agriculture, recreation, surface parking lots, storage yards or certain sand and gravel operations. Permits for the following uses or structures may be allowed only if such uses or structures are consistent with all of the standards contained in this subsection and sub. (3) and such uses or structures are not prohibited in sub. (1) (b) to (i) .

(a) Certain structures which are accessory to permitted open space uses or historical areas, if the structures meet all of the following criteria:

1. Are not designed for human habitation;

2. Have a low flood damage potential;

3. Are associated with an open space use or are functionally dependant on a waterfront location:

4. Except as provided in sub. (3) , are to be constructed and placed on the building site so as to offer no obstruction to flood flows;

5. Are firmly anchored to prevent them from floating away and restricting bridge openings or other constricted sections of the stream or river; and

6. All service facilities, such as electrical and heating equipment, shall be at or above the flood protection elevation for the particular area.

(b) Campgrounds, provided all of the following criteria are met and approval is granted by the department:

1. The character of the river system and the elevation of all portions of the campground are such that 72 hours warning of an approaching flood can be given to all persons using that campground;

2. An adequate flood warning system is in existence which will provide for adequate advance notice to all persons in the campground and make evacuation mandatory. Such a system shall involve an annual renewable written agreement between the campground owner, the emergency government coordinator, the national weather service and the chief municipal law enforcement official which shall specify a flood elevation at which evacuation shall occur;

3. The campground complies with all applicable local and state laws and regulations, including those of the department of health services;

4. The campground shall have signs at all entrances warning of the flood hazard involved;

5. Only mobile recreational vehicles with self-contained holding tanks or easily removable tents or camper units are allowable. No other habitable structures or buildings are permitted; and

6. Litter collection facilities shall be placed at or floodproofed to the flood protection elevation or be removed during flooding.

(c) Uses permitted by the department pursuant to chs. 30 and 31 , Stats., provided that the necessary permits are obtained from the department and necessary amendments are adopted by the municipality to the official floodway lines, regional flood profiles, floodplain zoning maps and floodplain zoning ordinances.

(d) Public utilities, roads, streets and bridges provided that:

1. Adequate floodproofing measures are provided to the flood protection elevation; and

2. Except as provided in sub. (3) , construction may not cause any obstruction to flood flows as reflected in the water surface profile based upon existing conditions.

(2m)   Permitted uses, no permit required. Camping in a camping unit in a floodway area outside of approved campgrounds under sub. (2) (b) is allowed without a permit if the camping unit consists of nothing more than an easily removable tent or if the following criteria are met:

(a) The camping unit is a mobile recreational vehicle;

(b) The camping unit is on a parcel of land that has less than 4 camping sites and the parcel is not advertised, represented or used as a camping area; and

(c) The camping unit may not occupy the site for a period of more than 180 consecutive days.

(3)   Floodway development requiring amendments. Any development in a floodway which will cause an obstruction to flood flows may be authorized by the municipality, but only if amendments are made to the official floodway lines, regional flood profile, floodplain zoning maps and floodplain zoning ordinances in accordance with the criteria established in s. NR 116.11 . All such amendments shall meet the provisions of s. NR 116.21 (6) .

History: Cr. Register, February, 1986, No. 362 , eff. 3-1-86; correction made in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477 ; cr. (2m), Register, June, 1996, No. 486 , eff. 7-1-96; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547 ; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580 ; correction in (2) (b) 3. made under s. 13.92 (4) (b) 6., Stats., Register March 2011 No. 663 ; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673 .

Note

For example, an unloading structure is functionally dependant on a waterfront location to unload boats or barges, but a storage facility is not. Microsoft Windows NT 6.1.7601 Service Pack 1