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(A) Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in divisions (A)(1) or (A)(2) below. If a significant difference exists, the map shall be amended according to § 152.18 of this subchapter. The Zoning Administrator 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 Zoning Administrator shall be responsible for documenting actual pre-development 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 Zoning Administrator and an applicant over the district boundary line shall be settled according to § 152.48(C) of this chapter and the criteria in divisions (A)(1) or (A)(2) below.
(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.
(B) Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to § 152.18(A)(6) of this chapter.
(Ord. passed 7-15-2010)
(A) Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to § 152.18 of this chapter.
(B) 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).
(Ord. passed 7-15-2010)
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stat. § 30.2022 applies.
(Ord. passed 7-15-2010)
(A) This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stat. §§ 61.35 or 87.30, which relate to floodplains. If another ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(B) This chapter is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(Ord. passed 7-15-2010)
In their interpretation and application, the provisions of this chapter 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 state statutes. If a provision of this chapter required by Wis. Admin. Code Ch. NR 116 is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
(Ord. passed 7-15-2010)
The flood protection standards in this chapter are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by human-made or natural causes. This chapter does not imply or guarantee that non floodplain areas or permitted floodplain uses will be free from flooding and flood damages. Nor does this chapter 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 chapter.
(Ord. passed 7-15-2010)
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