Section 116.14. Development standards in other floodplain areas.

  In cooperation with municipalities, and to insure sound floodplain management, the department may designate or approve the following floodplain districts, in addition to those established in ss. NR 116.12 and 116.13 , providing the criteria in s. NR 116.11 are met:

(1)   Shallow depth flooding district. The standards for permitting development in a floodfringe area under s. NR 116.13 shall be applicable to a shallow depth flooding area except that such development may not result in an obstruction to flood flows. If development does cause an obstruction to flood flows, the development may not be permitted unless the entire shallow depth flooding district is rezoned to floodfringe district according to the criteria established in s. NR 116.11 (2) (f) .

(2)   Flood storage district.

(a) General. Municipalities using the appropriate procedure described in s. NR 116.20 , may issue permits for development in flood storage areas which are compatible with the criteria for floodfringe areas, as described in s. NR 116.13 , providing the provisions of par. (b) are met.

(b) Flood storage modifications. When any proposed development would remove flood storage volume, an equal volume of storage, as defined by the ground surface and the regional flood elevation, shall be provided to compensate for the volume of storage which is lost. Excavation below the groundwater table is not considered as providing an equal volume of storage.

(c) Rezoning of flood storage district. If compensatory storage cannot be provided, the area may not be developed unless the entire flood storage district is rezoned to floodfringe district utilizing the criteria established in s. NR 116.11 (2) (e) .

(3)   Coastal floodplain district. The standards for permitting development in a floodfringe area under s. NR 116.13 shall be applicable in a coastal floodplain area, except that no development may be allowed which:

(a) Will be adversely affected by wave runup along the shore of Lake Michigan or Lake Superior; or

(b) Is associated with a high flood damage potential.

History: Cr. Register, February, 1986, No. 362 , eff. 3-1-86.