A. Areas To Be Regulated: This title regulates all areas that would be covered by the regional flood or base flood. Note: Base flood elevations are derived from the flood profiles in the flood insurance study. Regional flood elevations may be derived from other studies. Areas covered by the base flood are identified as A zones on the flood insurance rate map.
B. Official Maps And Revisions: The boundaries of all floodplain districts are designated as floodplains or A zones on the maps listed below and the revisions in the city of Menomonie floodplain appendix. Any change to the base flood elevations (BFE) in the flood insurance study (FIS) or on the flood insurance rate map (FIRM) must be reviewed and approved by the DNR and FEMA before it is effective. No changes to regional flood elevations (RFEs) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the city clerk of the city of Menomonie. If more than one map or revision is referenced, the most restrictive information shall apply.
1. Official maps based on the FIS: (Ord. 2007-04, 5-7-2007)
a. Flood insurance rate map (FIRM), panel numbers 55033C0312C, 55033C0314C, 55033C0316C, 55033C0317C, 55033C0318C, 55033C0319C, 55033C0336C, 55033C0427C and 55033C0431C, FIRM effective date December 2, 2011; with corresponding profiles that are based on the flood insurance study (FIS) effective date December 2, 2011, volume number 55033CV000A; (Ord. 2011-09, 10-17-2011)
2. Official maps based on other studies:
a. Floodplain study appendix: See subsection 12-8-10A of this title.
C. Establishment Of Districts: The regional floodplain areas are divided into three (3) districts as follows:
1. The floodway district (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters.
2. The floodfringe district (FF) is that portion of the floodplain between the regional flood limits and the floodway.
3. The general floodplain district (GFP) is those areas that have been or may be covered by floodwater during the regional flood.
D. Locating Floodplain Boundaries: Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection D1 or D2 of this section. If a significant difference exists, the map shall be amended according to section 12-8-8 of this title. The building inspector can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The building inspector shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the building inspector and an applicant over the district boundary line shall be settled according to subsection 12-8-4C of this title and the criteria in subsections D1 and D2 of this section.
1. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
2. Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on site inspection and any information provided by the department.
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to subsection 12-8-8A5 of this title.
E. Removal Of Lands From Floodplain: Compliance with the provisions of this title shall not be grounds for removing land from the floodplain unless it is filled at least two feet (2') above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to section 12-8-8 of this title.
Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a "letter of map change" (LOMC).
F. Compliance: Any development or use within the areas regulated by this title shall be in compliance with the terms of this title, and other applicable local, state, and federal regulations.
G. Municipalities And State Agencies Regulated: Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this title and obtain all necessary permits. State agencies are required to comply if section 13.48(13), Wisconsin statutes, applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin department of transportation is exempt when section 30.2022, Wisconsin statutes, applies.
H. Abrogation And Greater Restrictions:
1. This title supersedes all the provisions of any municipal zoning ordinance enacted under section 62.23, Wisconsin statutes, or section 87.30, Wisconsin statutes, which relate to floodplains. If another ordinance is more restrictive than this title, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2. This title is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this title imposes greater restrictions, the provisions of this title shall prevail.
I. Interpretation: In their interpretation and application, the provisions of this title are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin statutes. If a provision of this title, required by chapter NR 116, Wisconsin administrative code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this title or in effect on the date of the most recent text amendment to this title.
J. Warning And Disclaimer Of Liability: The flood protection standards in this title are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This title does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this title create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this title.
K. Severability: Should any portion of this title be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected.
L. Annexed Areas For Cities: The Dunn County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of chapter NR 116, Wisconsin administrative code, and the national flood insurance program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal building inspector. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
M. General Development Standards: The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the "subdivision" definition of this title. (Ord. 2007-04, 5-7-2007)