Except as provided in par. (b)
, every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69
is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69
may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.
(b) Paragraph (a)
does not apply to a structure, building, fill, or development placed or maintained as part of a mining operation covered by a mining permit under s. 295.58
except to the extent that regulation of the placement or maintenance of the structure, building, fill, or development is required for compliance with a floodplain zoning ordinance as provided under s. 295.607 (3)
See also ch. NR 116
, Wis. adm. code.
A flood plain zoning ordinance adopted by the DNR under sub. (1) was a “rule" under s. 227.01. Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis. 2d 804
, 280 N.W.2d 702
The trial court erred when it placed the burden on the department to prove theat the city's ordinance was not reasonable and effective. City of La Crosse v. DNR, 120 Wis. 2d 168
, 353 N.W.2d 68
(Ct. App. 1984).
An area need not be navigable to be a lakebed. The ordinary high water mark was determinative. State v. Trudeau, 139 Wis. 2d 91
, 408 N.W.2d 337
There is nothing in the DNR's general grant of authority to regulate floodplains that permits the agency to write rules that nullify the discretion over variance decisions that the legislature has specifically committed to local boards of adjustment. To the extent that a DNR rule prohibits county boards of adjustment from granting variances from flood elevation requirements when the proper statutory standards for variances have otherwise been met, it is invalid. State v. Outagamie County Board of Adjustment, 2001 WI 78
, 244 Wis. 2d 613
, 628 N.W.2d 376
County floodplain zoning ordinances adopted by the department under this section do not need approval of town boards in order to become effective within all unincorporated areas of the county. 62 Atty. Gen. 264.
The necessity of zoning variance or amendments notice to the Wisconsin department of natural resources under the shoreland zoning and navigable waters protection acts. Whipple, 57 MLR 25.
The public trust doctrine. 59 MLR 787.
Floodplain, wetland and shoreland regulation in Wisconsin. Johnson. WBB May 1988.
Regulation of historic property in floodplains. 87.304(1)(a)
“Historic property" means any building, structure or object that is any of the following:
Individually listed on the national register of historic places in Wisconsin or the state register of historic places.
Included in a district which is listed on the national register of historic places in Wisconsin and has been determined by the state historical society to contribute to the historic significance of the district.
Individually listed on the list of locally designated historic places under s. 44.45
“National register of historic places in Wisconsin" has the meaning given in s. 44.31 (5)
(2) Treatment of historic property. 87.304(2)(a)(a)
The department shall by rule promulgate procedures for use by cities, villages and counties in doing all of the following:
Issuing variances to floodplain zoning ordinances that will be consistent with 44 CFR 60.6
but that will allow repair or rehabilitation of historic properties in floodplains to the maximum extent feasible.
Providing sufficient measures for public safety and protection for property in floodplains.
The rules promulgated under par. (a)
may include different procedures for floodway and flood-fringe areas.
History: 1991 a. 39
; 2007 a. 96
Use of certain facilities on St. Feriole island. 87.305(1)(1)
Notwithstanding s. 87.30
or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 97.01 (7)
, if all of the following conditions are met:
The department approves the developer's plans and specifications for floodproofing the railroad depot and the Dousman hotel.
The department approves the city of Prairie du Chien's flood warning system and emergency evacuation plan and the city of Prairie du Chien agrees to test the evacuation plan at least once each year.
The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency management and the state historical society of its intention to authorize connection of sewer service and a water system to the railroad depot and the Dousman hotel and occupancy of the hotel and either:
Those agencies do not object within 30 days after receiving a copy of the notice; or
Any objections of those agencies are resolved in negotiations between those agencies, the city of Prairie du Chien and the developer.
The state historic preservation officer reviews the developer's plans for preservation or rehabilitation of the Dousman hotel and certifies that the preservation or rehabilitation will be consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47
(2) Revocation of approval.
The department may revoke the approval granted under sub. (1)
if any of the following occur:
A floodproofing and flood warning system are not constructed substantially as designed in the plans and specifications approved by the department under sub. (1) (a)
The owner or operator of the railroad depot and the Dousman hotel fails to maintain the floodproofing system substantially as designed in the plans and specifications approved by the department under sub. (1) (a)
The city of Prairie du Chien fails to maintain the flood warning system and to test the emergency evacuation plan at least once each year.
The state historic preservation officer determines that the preservation or rehabilitation of the Dousman hotel is not consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47
Floodplain and shoreland mapping assistance program. 87.31(1)(1)
Department to administer; purpose.
The department shall administer a floodplain and shoreland mapping assistance program to provide counties, cities and villages with financial assistance to produce adequate topographical mapping of floodplain and shoreland areas and to delineate floodplain and floodway boundaries, to assist in the establishment and administration of floodplain and shoreland ordinances.
The department shall develop on a statewide basis a priority list for awarding mapping grants. The criteria for establishing the priority list includes but is not limited to:
The existence of an approved floodplain or shoreland zoning ordinance.
The status of studies to develop flood profiles for the areas to be mapped.
The potential for future development in the areas to be mapped.
The potential for flood damage in the areas to be mapped.
Applications made by 2 or more counties, cities or villages which would enable mapping of an entire river system.
The availability of funds for mapping from other sources.
The department shall establish by rule the procedure for application for and awarding of mapping grants.
A county, city or village which seeks a mapping grant shall submit a grant application which includes:
The location, length and extent of the river or shorelands to be mapped.
The estimated cost of and time required to complete the proposed mapping.
The information necessary to determine the priority of the application under sub. (2)
A statement that the applicant will assume responsibility for administering any subcontracts with mapping contractors.
A statement that the applicant will adopt the resultant map, if approved by the department, as the official zoning map and any necessary ordinances or amendments within 6 months after the department approves the map.
Any other information required by rule by the department.
Prior to February 8, 1986, the department shall make grants-in-aid from the appropriation under s. 20.370 (4) (gc)
, 1983 stats., or s. 20.370 (4) (fc)
, 1985 stats., to a county, city or village which qualifies under the mapping grant program. A grant-in-aid may not exceed 50 percent of the expected cost of the topographical mapping.
Upon approval by the department and acceptance by the applicant, the department may make available 75 percent of the mapping grant award. The department shall make available the remaining 25 percent of the mapping grant at the time the applicant adopts the resultant map as approved by the department as the official zoning map and any necessary ordinances and amendments.
A grant is valid for one year after the date of acceptance but the department may extend this period up to 3 years if warranted by the circumstances.
(6) Failure to adopt map.
If a mapping grant recipient fails to adopt the map as the official zoning map or fails to adopt any necessary ordinances or amendments within 6 months after the department approves the map without adequate justification as determined by the department, the recipient may not receive any further state funds under the mapping grant program and shall be required to reimburse the department for state funds already received under the program.
After February 8, 1986, no county, city or village may submit a grant application under sub. (4)
and the department may not award any additional grants-in-aid under sub. (5)
See also ch. NR 129
, Wis. adm. code.