87.13
87.13
Disbursements by board. All sums which shall be deposited with the secretary of administration under
s. 87.07 (4) for the construction of the improvement shall be paid by the secretary of administration to the flood control board upon requisitions from said board. If any moneys, other than those for operation and maintenance during the first 18 months, remain unexpended in the hands of the flood control board or subject to their requisition after the completion of the construction of the improvement, and if the funds for construction of the improvement shall have been in part raised through voluntary contributions under
s. 87.07 (4) or
87.11 (2), the amounts thus contributed, or such proportion thereof as the funds remaining in the hands of the board or subject to its requisition will pay, shall be returned to the persons or corporations who made such voluntary contributions, in proportion to the amounts contributed by them.
87.13 History
History: 2003 a. 33.
87.14
87.14
Operation and maintenance. The flood control board is authorized to sell, lease, or lease with power to purchase, any reservoir proposed to be constructed, in the process of construction or completed, to a duly organized river improvement company as defined by
s. 182.016, on such terms and conditions as are approved by the department of natural resources as hereinafter provided. Unless so leased or sold it shall be the duty of the flood control board to maintain and operate said improvement. The cost of operation and maintenance during the period intervening between the completion of said improvement and the date when funds provided under this section become available shall be paid from the funds provided for maintenance pursuant to the estimate made by the department as provided in
s. 87.07 (3). Prior to the first day of November in each year the flood control board shall certify to the clerk of each town, village and city in which lands to be benefited by the improvement are located an estimated budget, detailed as far as practicable, of the cost of operation and maintenance of said improvement for the succeeding calendar year, together with the amount due upon any judgments outstanding against the board, except those judgments from which the board has appealed or intends to appeal, and shall certify at the same time the portion of such cost to be borne by each such town, village and city. This shall be determined in the same manner and according to the same proportions as provided in
s. 87.10 (1) (c). It shall thereupon become the duty of each such town, village and city to include in its next succeeding tax levy the amount so certified and to forward such amount, on or before March 15 following, to the flood control board.
87.15
87.15
Repairs, replacements and extensions; procedure. Whenever the flood control board shall determine and certify that repairs or replacements are necessary to such an extent as to amount to a partial reconstruction of the improvement rather than ordinary maintenance, or whenever said board shall determine that material additions, extensions or betterments to said improvement are necessary, the board shall file a petition with the department setting forth the necessity for such repairs, replacements, additions, extensions or betterments, and thereupon the department shall proceed to make the same determinations and certifications as in the case of an original petition for the construction of the improvement, except that the enumeration of lands or other property benefited and of the political subdivisions included within the drainage area shall be the same as in the original order for the construction of the improvement, unless the department shall affirmatively find that changes in such enumeration are necessary because of errors in the original findings.
87.16
87.16
Court proceedings given preference. Any action brought in any court for the purpose of enjoining, preventing or interfering with the construction, repairing, reconstruction, operation or maintenance of the improvement ordered by the department, or any part thereof, except actions to review the orders of the department under
ss. 87.01 to
87.17, shall be given preference in the circuit court. An appeal shall be given preference.
87.16 History
History: 1977 c. 187,
449;
1983 a. 219.
87.16 Note
Judicial Council Note, 1983: This section is amended by repealing the appeal deadline of 30 days from entry of the order or judgment for greater uniformity. An appeal must be initiated within the time specified in s. 808.04 (1), stats. The provisions requiring preferential court treatment are harmonized and standardized with similar provisions in the statutes. [Bill 151-S]
87.17
87.17
Trespass, penalty. Any person who shall willfully, maliciously or wantonly destroy, injure, remove, meddle or tamper with any portion of the improvements constructed pursuant to
ss. 87.01 to
87.17, whether during construction or after completion of the same, or shall willfully, maliciously or wantonly obstruct, interfere with or hamper the flood control board or any of its assistants, agents, servants or employees, or any contractor employed by it in the work of constructing, repairing, reconstructing, operating or maintaining the same, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding $1,000, or both.
87.18
87.18
Lease, sale and lease with option to purchase the project. Whenever the flood control project consists of a storage reservoir and authority to create, operate and maintain a reservoir on the river affected by such storage reservoir is vested in a duly organized river improvement company as defined by
s. 182.016, and the petitioners file with the department of natural resources a petition and a proposed contract with such improvement company for a lease, sale, or lease with option to purchase said reservoir, and the department finds the terms and conditions of such contract are sufficient to assure the payment of the amount the board will be obligated to pay for the cost of the reservoir and the maintenance and operation of the same, and the project will secure effective flood control and promotion of the public welfare, then notices, proceedings and assessments provided by
ss. 87.04 to
87.12 are not required. The department, however, shall make findings as required by
s. 87.05 and shall order that the flood control board be appointed and shall so certify to the governor as provided by
s. 87.12. The governor shall thereupon appoint the board as provided in said
s. 87.12. The proposed contract filed with the department by petitioners for the sale, lease, or lease with option to purchase said reservoir property shall not be binding upon the board so appointed unless the board approves such contract. Upon approval the board shall so report to the department and file with it a final contract executed by the board and lessee or purchaser. The department has authority to approve or disapprove such contract. If the department approves such contract, then it shall be final and the department shall thereupon order the board to proceed with the work. When such reservoir property is sold and the purchase price has been fully paid and any indebtedness assumed by the purchaser has been paid and discharged, including the fees and expenses of the board, and the department so finds, the said board shall thereupon be dissolved by order of the department.
87.30
87.30
Floodplain zoning. 87.30(1)(a)(a) If any county, city or village does not adopt a reasonable and effective floodplain zoning ordinance within one year after hydraulic and engineering data adequate to formulate the ordinance becomes available, the department shall, upon petition of an interested state agency or a municipality or upon its own motion as soon as practicable and after public hearing, determine and fix by order the limits of any or all floodplains within a county, city or village within which serious damage may occur. Thereafter the department shall as soon as practicable after public hearing adopt a floodplain zoning ordinance applicable to a county, city or village, except that no floodplain zoning ordinance may be enacted unless the hydraulic and engineering studies necessary to determine the floodway or floodplain limits, or both, if both limits are deemed necessary by the department, have been made at state or federal expense. If the department utilizes hydraulic and engineering studies previously completed, the department shall be responsible for ensuring that the studies are reasonable and accurate. Thirty days' notice of all hearings on floodplain determination or zoning before the department shall be given to the county, city or village clerk, the clerks of all towns where lands may be affected and to the department of transportation. Exhibits and testimony shall be a part of the official record. Failure of a county, city or village to adopt a floodplain zoning ordinance for an area where appreciable damage from floods is likely to occur or to adopt an ordinance which will result in a practical minimum of flood damage in an area shall be prima facie proof of the necessity for action specified under this paragraph by the department. The department shall make a decision in writing of insufficiency of any county, city or village floodplain zoning ordinance before adopting an ordinance superseding a county, village or city ordinance. All orders of the department under this subsection which either fix the limits of floodplains or enact local floodplain zoning ordinances shall, when they are in final draft form and before they are issued, be referred to the appropriate committees of the legislature, where the procedure under
s. 227.19 shall apply.
Section 227.15 does not apply to the orders of the department under this section. Orders of the department under this section shall, after becoming effective, be deemed rules for purposes of
s. 227.26, and may be suspended by the joint committee for review of administrative rules.
87.30 Note
NOTE: Chapter 437, laws of 1977, which amended par. (a), contained an extensive note explaining the amendment. See the 1977 session law volume.
87.30(1)(b)
(b) All final orders, determinations or decisions made under this subsection shall be subject to review under
ch. 227 and be effective 20 days after the same have been served unless such order, determination and decision specifies a different date upon which the same shall be effective. Such floodplain determination and zoning ordinance shall be of the same effect as if adopted by the county, city or village. Thereafter it is the duty of the county, city, village and town officials to administer and enforce the ordinance in the same manner as if the county, city or village had adopted it. Floodplain determinations and zoning ordinances so adopted may be modified by the county, city or village concerned only with the written consent of the department except that nothing in this subsection may be construed to prohibit a county, city, village or town from adopting a floodplain ordinance more restrictive than that adopted by the state.
87.30(1)(c)
(c) Except as provided under
par. (a), the cost of such floodplain determination and ordinance promulgation and enforcement by the state shall be assessed against the county, city or village concerned and collected in substantially the same manner as other taxes levied by the state.
87.30(1)(d)
(d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under
s. 281.165 (2),
(3) (a), or
(4) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.
87.30(1d)
(1d) Improvements to nonconforming buildings. 87.30(1d)(a)1.
1. “Nonconforming building" has the meaning specified by rule by the department for purposes of floodplain zoning under this section and includes a building with a nonconforming use.
87.30(1d)(a)2.
2. “Nonconforming use" has the meaning specified by rule by the department for purposes of floodplain zoning under this section.
87.30(1d)(a)3.
3. “Nonflood disaster" means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood.
87.30(1d)(b)
(b) For nonconforming buildings that are damaged or destroyed by a nonflood disaster a floodplain zoning ordinance shall permit the repair, reconstruction or improvement of any such nonconforming building, in order to restore it after the nonflood disaster except as provided in
par. (c).
87.30(1d)(c)
(c) A floodplain zoning ordinance may not permit the repair, reconstruction or improvement of a nonconforming building if the nonconforming building, after repair, reconstruction or improvement, will fail to meet one or more of the minimum requirements applicable to such a nonconforming building under
42 USC 4001 to
4129 or under the regulations promulgated thereunder.
87.30(1g)
(1g) Regulation of floodproofed basements. The department may not promulgate any rule or impose any restriction that does any of the following:
87.30(1g)(a)
(a) Results in an ordinance or other regulation containing provisions for floodproofed residential basements that are more restrictive than those imposed by the federal emergency management agency.
87.30(1g)(b)
(b) Allows the department to deny an exception for such basements if the federal emergency management agency has granted an exception under
44 CFR 60.6.
87.30(1m)
(1m) Jurisdiction over drainage ditches limited. Notwithstanding any other provision of law or administrative rule promulgated thereunder, a floodplain zoning ordinance required under
sub. (1) does not apply to lands adjacent to farm drainage ditches if:
87.30(1m)(a)
(a) Such lands are not within the floodplain of a natural navigable stream or river;
87.30(1m)(b)
(b) Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching; and
87.30(1m)(c)
(c) Such lands are maintained in nonstructural agricultural use.
87.30(1r)
(1r) Land outside of floodplains. This section does not authorize a county to impose a requirement, condition, or restriction on land that is not within any floodplain in the county.
87.30(2)(a)(a) 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,
61.35 or
62.23 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,
61.35 or
62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.
87.30(2)(b)
(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).
87.30 Cross-reference
Cross-reference: See also ch.
NR 116, Wis. adm. code.
87.30 Annotation
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 (1979).
87.30 Annotation
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).
87.30 Annotation
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 (1987).
87.30 Annotation
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,
98-1046.
87.30 Annotation
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.
87.30 Annotation
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.
87.30 Annotation
The public trust doctrine. 59 MLR 787.
87.30 Annotation
Floodplain, wetland and shoreland regulation in Wisconsin. Johnson. WBB May 1988.
87.304
87.304
Regulation of historic property in floodplains. 87.304(1)(a)
(a) “Historic property" means any building, structure or object that is any of the following:
87.304(1)(a)1.
1. Individually listed on the national register of historic places in Wisconsin or the state register of historic places.
87.304(1)(a)2.
2. 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.
87.304(1)(a)3.
3. Individually listed on the list of locally designated historic places under
s. 44.45.
87.304(1)(b)
(b) “National register of historic places in Wisconsin" has the meaning given in
s. 44.31 (5).
87.304(2)
(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:
87.304(2)(a)1.
1. 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.
87.304(2)(a)2.
2. Providing sufficient measures for public safety and protection for property in floodplains.
87.304(2)(b)
(b) The rules promulgated under
par. (a) may include different procedures for floodway and flood-fringe areas.
87.304 History
History: 1991 a. 39;
2007 a. 96.
87.305
87.305
Use of certain facilities on St. Feriole island. 87.305(1)(1)
Department approval. 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:
87.305(1)(a)
(a) The department approves the developer's plans and specifications for floodproofing the railroad depot and the Dousman hotel.
87.305(1)(b)
(b) 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.
87.305(1)(c)
(c) 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:
87.305(1)(c)1.
1. Those agencies do not object within 30 days after receiving a copy of the notice; or
87.305(1)(c)2.
2. Any objections of those agencies are resolved in negotiations between those agencies, the city of Prairie du Chien and the developer.
87.305(1)(d)
(d) 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 (c) (2).
87.305(2)
(2) Revocation of approval. The department may revoke the approval granted under
sub. (1) if any of the following occur:
87.305(2)(a)
(a) 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).
87.305(2)(b)
(b) 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).
87.305(2)(c)
(c) 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.
87.305(2)(d)
(d) 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 (c) (2).
87.31
87.31
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.
87.31(2)
(2) Criteria. 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:
87.31(2)(b)
(b) The existence of an approved floodplain or shoreland zoning ordinance.
87.31(2)(c)
(c) The status of studies to develop flood profiles for the areas to be mapped.
87.31(2)(d)
(d) The potential for future development in the areas to be mapped.
87.31(2)(e)
(e) The potential for flood damage in the areas to be mapped.
87.31(2)(f)
(f) Applications made by 2 or more counties, cities or villages which would enable mapping of an entire river system.
87.31(2)(g)
(g) The availability of funds for mapping from other sources.
87.31(3)
(3) Procedure. The department shall establish by rule the procedure for application for and awarding of mapping grants.
87.31(4)
(4) Application. A county, city or village which seeks a mapping grant shall submit a grant application which includes:
87.31(4)(a)
(a) The location, length and extent of the river or shorelands to be mapped.
87.31(4)(b)
(b) The estimated cost of and time required to complete the proposed mapping.
87.31(4)(c)
(c) The information necessary to determine the priority of the application under
sub. (2).
87.31(4)(d)
(d) A statement that the applicant will assume responsibility for administering any subcontracts with mapping contractors.
87.31(4)(e)
(e) 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.
