NR 116.16(1) (1)General standards. When floodproofing measures are required by either a municipal floodplain zoning ordinance or some other regulation which incorporates by reference the floodproofing requirements of this chapter, such measures shall be designed to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood, to assure that the structures are watertight and completely dry to the flood protection elevation without human intervention during flooding.
NR 116.16(2) (2)Certification.
NR 116.16(2)(a)(a) 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:
NR 116.16(2)(a)1. 1. Anchorage of structures, or addition of mass or weight to structures, to prevent flotation.
NR 116.16(2)(a)2. 2. Reinforcement of walls and floors to resist rupture or collapse caused by water pressures or floating debris.
NR 116.16(2)(a)3. 3. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters into such systems.
NR 116.16(2)(a)4. 4. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors.
NR 116.16(2)(a)5. 5. Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
NR 116.16(2)(a)6. 6. Placement of essential utilities above the flood protection elevation.
NR 116.16(2)(b) (b) Whenever floodproofing measures are required, a permit, special exception, conditional use or variance may not be issued until the certification required in par. (a) is submitted to the municipal zoning administrator.
NR 116.16 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.
NR 116.17 NR 116.17Levees, floodwalls and channel improvements.
NR 116.17(1)(1)General. The following standards shall apply to municipal floodplain zoning regulations for areas landward of levees, floodwalls and channel improvements.
NR 116.17(2) (2)Levees or floodwalls.
NR 116.17(2)(a)(a) A levee or floodwall shall be considered adequate if all of the following criteria and the requirements of par. (b) are met:
NR 116.17(2)(a)1. 1. The minimum top elevation of the levee or floodwall shall be calculated using whichever of the following provides the greater protection from floods:
NR 116.17(2)(a)1.a. a. The profile of the regional flood with that regional flood confined riverward of the proposed levee or floodwall, plus 3 feet of freeboard; or
NR 116.17(2)(a)1.b. b. The standard project flood and/or the 500 year flood confined riverward of the proposed levee or floodwall.
NR 116.17(2)(a)1.c. c. Exceptions to the standards in subd. 1. a. and b. may be granted by the department on a case-by-case basis for levees and floodwalls not used to protect human life.
NR 116.17(2)(a)2. 2. U.S. army corps of engineers standards for design and construction of levees and floodwalls shall be the minimum standard for levees and floodwalls.
NR 116.17(2)(a)3. 3. Interior drainage shall be provided using designated ponding areas, pumps or other similar means, in accordance with U.S. army corps of engineers standards.
NR 116.17(2)(a)4. 4. An emergency action plan, concurred in by the division of emergency government and approved by the department, shall be in effect for the area behind the levee or floodwall that would be in the floodplain without the proposed levee or floodwall in place.
NR 116.17(2)(a)5. 5. The municipality shall provide notification to all persons receiving construction permits in the area behind the proposed levee or floodwall that would be in the floodplain without the proposed levee or floodwall in place that they are in an area protected by a levee or floodwall which is subject to flooding if the levee or floodwall is overtopped.
NR 116.17(2)(a)6. 6. The levee or floodwall shall be annually inspected and certified, by a professional engineer registered in Wisconsin, that the levee or floodwall meets the standards in subds. 1. to 5. Annual reports of the inspection and certification shall be sent to the department for review.
NR 116.17(2)(a)7. 7. The department reviews and approves the material submitted under subds. 1. to 5.
NR 116.17(2)(b) (b) No obstruction to flood flows caused by construction of levees or floodwalls may be allowed unless amendments are made to the floodway lines, regional flood profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with the provisions of ss. NR 116.11, 116.12 (3) and 116.21 (6). Calculations of the effect of the levee or floodwall on regional flood heights shall compare existing conditions with the condition of the regional flood confined riverward of the proposed levee or floodwall.
NR 116.17(2)(c) (c) Floodplain areas protected by the adequate levee or floodwall shall be designated as flood fringe but may be regulated as areas outside of the floodplain unless the department determines that the levee or floodwall is no longer adequate.
NR 116.17(3) (3)Inadequate levees or floodwalls. If the department determines that an existing levee or floodwall does not meet the criteria of sub. (2) (a), all floodplain areas landward of the inadequate levee or floodwall shall be regulated as if the levee or floodwall does not exist.
NR 116.17(4) (4)Channel improvements.
NR 116.17(4)(a)(a) Channel improvements shall be considered to reduce flooding potential provided the following criteria are met:
NR 116.17(4)(a)1. 1. The channel improvements are designed and constructed in accordance with acceptable standards.
NR 116.17(4)(a)2. 2. Velocities resulting from the channel improvements will not increase downstream erosion.
NR 116.17(4)(a)3. 3. An engineer registered in Wisconsin certifies that the criteria in subds. 1. and 2. are met.
NR 116.17(4)(a)4. 4. The municipality submits a plan detailing how the channel improvements will be maintained.
NR 116.17(4)(a)5. 5. The department reviews and approves the material submitted under subds. 1. to 4.
NR 116.17(4)(a)6. 6. The necessary permits under ch. 30, Stats., are obtained for construction of the channel improvements.
NR 116.17(4)(b) (b) Floodplain areas adjacent to channel improvements approved under par. (a) shall be zoned and regulated in accordance with the reduced regional flood profile provided the channel improvements are maintained in accordance with the plan submitted by the municipality under par. (a) 4.
NR 116.17(4)(c) (c) If the department determines that the channel improvements are not being maintained in accordance with the plan submitted by the municipality under par. (a) 4., the floodplain zoning map shall be amended to reflect existing channel conditions.
NR 116.17(5) (5)New construction of levees, floodwalls or channel improvements. No anticipated changes in the flood protection elevations or floodplain and floodway limits, based upon proposed levees, floodwalls or channel improvements, may be effective until the improvements are constructed, operative and approved by the department.
NR 116.17(6) (6)Agricultural levees.
NR 116.17(6)(a)(a) Municipalities may permit agricultural levees which meet all applicable provisions of this subsection. For purposes of this subsection, an agricultural levee is one constructed to protect agricultural lands from floods that occur on a 10-year frequency or more often.
NR 116.17(6)(b) (b) Agricultural levees shall be designed and constructed so that the levees will overtop upon the occurrence of the 10-year frequency flood.
NR 116.17(6)(c) (c) Increases in flood heights in the area upstream from agricultural levees may not exceed 0.5 foot (15 cm.) for the 10-year frequency flood. No increase is allowed unless the written consent of the affected property owners is obtained prior to construction.
NR 116.17(6)(d) (d) Agricultural levees shall be designed and constructed to be overtopped and to cause no increase in flood elevation during the occurrence of the regional flood.
NR 116.17(6)(e) (e) The municipality's zoning administrator shall notify the department of the construction of any agricultural levees.
NR 116.17 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.
NR 116.18 NR 116.18Procedures for changing floodplain, floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain district limits. Municipalities may not change the limits of the floodplain or the floodway, floodfringe, shallow depth flooding, flood storage or the coastal floodplain district without first amending the applicable portions of the water surface profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with s. NR 116.11 and securing department approval for such amendments. No area in the floodplain may be removed from the floodplain unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside the floodplain.
NR 116.18 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.
NR 116.19 NR 116.19Appointment and duties of zoning administrator, zoning agency and board of adjustment or appeals.
NR 116.19(1)(1)Appointment powers. Municipalities shall provide in their floodplain zoning ordinances for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer the floodplain zoning ordinance in accordance with this section. If a zoning administrator, zoning agency or a board of adjustment or appeals has already been appointed to administer a zoning ordinance adopted under s. 59.69, 59.692 or 62.23 (7), Stats., these officials shall also administer the floodplain zoning ordinance.
NR 116.19(2) (2)Zoning administrator. A zoning administrator and such additional staff as needed shall be appointed and given the duties and powers to:
NR 116.19(2)(a) (a) Advise applicants of the provisions of the floodplain zoning ordinance and provide assistance in preparing permit applications and appeals;
NR 116.19(2)(b) (b) Issue permits and inspect properties for compliance with the floodplain zoning ordinance;
NR 116.19(2)(c) (c) Keep the official records of, and any changes to, all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming buildings and nonconforming uses and the official records of all permit applications, permits, appeals, variances and amendments related to the floodplain zoning ordinance;
NR 116.19(2)(d) (d) Submit copies of any required data, special exception permits, variances, amendments, case-by-case analyses, annual reports and any other required information to the department. An annual summary showing only the number and types of zoning actions taken by the municipality shall be submitted to the department by the zoning administrator; and
NR 116.19(2)(e) (e) Investigate, prepare reports and report violations of the floodplain zoning ordinance to the appropriate municipal committee and to the municipal attorney, corporation counsel or district attorney, with copies to the appropriate department district office.
NR 116.19(3) (3)Zoning agency.
NR 116.19(3)(a)(a) A zoning agency shall be appointed and given the duties and powers to:
NR 116.19(3)(a)1. 1. Oversee the functions of the office of the zoning administrator;
NR 116.19(3)(a)2. 2. Review and act upon all proposed amendments to the floodplain zoning ordinance; and
NR 116.19(3)(a)3. 3. Maintain a complete public record of all its proceedings.
NR 116.19(3)(b) (b) In some cases, a zoning agency may act in place of the board of adjustment or appeals, if so designated by the municipality, to hear and decide special exception or conditional use permits. However, a zoning agency cannot act upon requests for a variance.
NR 116.19(4) (4)Board of adjustment or appeals. A board of adjustment, in counties or board of appeals, in cities and villages shall be appointed and given the duties and powers in accordance with ss. 59.694 and 62.23 (7), Stats., to:
NR 116.19(4)(a) (a) Hear and decide appeals where there is an alleged error in any interpretation, order, requirement, decision, or determination made by the zoning administrator in the enforcement or administration of the floodplain zoning ordinance;
NR 116.19(4)(b) (b) Hear and decide all requested special exceptions or conditional uses to the terms of the floodplain zoning ordinance, using the criteria found in s. NR 116.21 (3);
NR 116.19(4)(c) (c) Hear and decide all requested variances to the terms of the floodplain zoning ordinance;
NR 116.19(4)(d) (d) Maintain a complete public record of all its proceedings; and
NR 116.19(4)(e) (e) Make all of its decisions within a reasonable time and in the form of a written statement, resolution or order signed by the secretary. The zoning administrator may not be the secretary of the board of adjustment or appeals.
NR 116.19 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; corrections in (1) and (4) (intro.) were made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547.
NR 116.20 NR 116.20Municipal responsibilities.
NR 116.20(1) (1)Jurisdiction.
NR 116.20(1)(a)(a) The floodplain zoning ordinance shall require authorization through permits, special exceptions, variances and amendments, from the appropriate municipality for any of the following activities in floodplain areas:
NR 116.20(1)(a)1. 1. Any new use or change in use of land or water.
NR 116.20(1)(a)2. 2. Any new use or change in use of a structure or building.
NR 116.20(1)(b) (b) The activities in par. (a) include, but are not limited to, the following:
NR 116.20(1)(b)1. 1. Any structure, building or accessory structure or building which is to be erected, constructed, reconstructed, altered or moved into the floodplain area;
NR 116.20(1)(b)2. 2. Any alteration, addition, modification, rebuilding or replacement of any existing structure, building or accessory structure or building;
NR 116.20(1)(b)3. 3. Any deposition of materials for any purpose; and
NR 116.20(1)(b)4. 4. Any sewage disposal system or water supply facilities, both public and private.
NR 116.20(2) (2)Administrative procedures. The floodplain zoning ordinance shall establish administrative procedures for obtaining all required permits, special exceptions, conditional uses, variances, appeals and amendments. These procedures shall provide for the following:
NR 116.20(2)(a) (a) An application shall be made to the zoning administrator for all zoning permits, special exceptions, conditional uses, variances and amendments. The application shall include, but not be limited to, the following information:
NR 116.20(2)(a)1. 1. The name and address of the applicant and property owner;
NR 116.20(2)(a)2. 2. The legal description of the property and the type of proposed use;
NR 116.20(2)(a)3. 3. A map plan which accurately locates or describes the proposal with respect to the floodway and floodplain, and which provides all pertinent information such as the fill dimensions and elevations, building floor elevations, and floodproofing data; and
NR 116.20(2)(a)4. 4. For all subdivision proposals, as defined in s. 236.02 (8), Stats., and for other land divisions or proposed developments which have a total area that exceeds 5 acres or which have an estimated cost that exceeds $125,000, the applicant shall provide all of the computations which are required to show the effect of the proposal on flood heights, velocities and floodplain storage. The municipality may transmit this data to the department for review. For the purpose of this paragraph, the cost of the proposal shall be estimated to include all structural development and landscaping improvements such as access and road development, electrical and plumbing services development, and other similar items, which can be reasonably applied to the overall development costs, but may not include the cost of the land.
NR 116.20(2)(b) (b) For land divisions and proposed developments which do not exceed 5 acres in area and which have an estimated cost of $125,000 or less, if the regional flood profile has not been determined and the conditions in par. (a) 4. are not present, the municipality may transmit the information required in par. (a) 1. to 3. to the department for a determination of flood protection elevations and for an evaluation of the effects of the proposal upon flood heights, velocities and floodplain storage. Additional information, such as valley cross sections or survey data, may be required by the department when needed to determine the effects of the proposal; this information shall then be obtained from the applicant by the municipality. The department shall advise the municipality of its findings within 30 days after receiving the data, or within 30 days after receiving all requested additional information. Failure of the department to respond within 30 days shall be construed to mean it has no comment.
NR 116.20(2)(c) (c) Public hearings shall be held by municipalities on all special exceptions, conditional uses, variances, appeals and amendments. Proper notice shall be given of such public hearings in accordance with appropriate statutes; mailed notice of such public hearings and a copy of the application shall be given to the appropriate department district office. Such notice shall specify the time and place of the hearing and give sufficient details concerning the subject matter of the public hearing.
NR 116.20(2)(d) (d) A copy of all decisions granting or denying a special exception, conditional use, variance or amendment to the floodplain zoning ordinance shall be mailed within 10 days to the appropriate department district office.
NR 116.20(3) (3)Certificate of compliance. No vacant land in the floodplain, and no building hereafter erected, altered or moved into the floodplain, may be occupied or used until the applicant obtains a certificate of compliance from the municipality. Municipalities shall require that the certificate be issued only after the applicant has submitted, prior to occupancy, to the municipal zoning administrator or building inspector a certification by a registered professional engineer or architect that the floodproofing requirements in the floodplain zoning ordinance have been met and a certification by a registered professional engineer, architect or registered land surveyor that the following are in compliance with the floodplain zoning ordinance:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.