A. General: The governing body may change or supplement the floodplain zoning district boundaries and this title in the manner provided by law. Actions which require an amendment include, but are not limited to, the following:
1. Any change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area.
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps.
3. Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more.
5. Any upgrade to a floodplain zoning ordinance text required by section NR 116.05, Wisconsin administrative code, or otherwise required by law, or for changes by the municipality.
6. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
Note: Consult the FEMA website - www.fema.gov - for the map change fee schedule.
B. Procedures: Ordinance amendments may be made upon petition of any interested party according to the provisions of section 62.23, Wisconsin statutes. Such petitions shall include all necessary data required by section 12-6-4 of this title and subsection 12-8-2B of this chapter.
1. The proposed amendment shall be referred to the plan commission for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of section 62.23, Wisconsin statutes.
2. No amendments shall become effective until reviewed and approved by the department.
3. All persons petitioning for a map amendment that obstructs flow, increasing regional flood height 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
4. For amendments in areas with no water surface profiles, the zoning agency or board shall consider data submitted by the department, the zoning administrator's visual on site inspections and other available information. (See subsection 12-1-3D of this title.) (Ord. 2007-04, 5-7-2007)