A. Areas To Be Regulated: This chapter regulates all areas of special flood hazard identified as zones A, AO, AH, A1-30, AE, on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this chapter, where applicable.
B. Official Maps And Revisions: Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO, on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (1) below. Additional flood hazard areas subject to regulation under this chapter are identified on maps based on studies approved by the DNR and listed in subd. (2) below. These maps and revisions are on file in the office of the Village Clerk-Treasurer.
1. Official Maps: Based on the Flood Insurance Study (FIS):
2. Flood Insurance Rate Map (FIRM), panel numbers 55071C0140D and 55071C0145D, dated 08/02/2011;
3. Flood Insurance Study (FIS) for Manitowoc County, volumes 55071CV001E and 55071CV002E, dated 02/23/2023.
4. Approved by: the DNR and FEMA.
C. Establishment Of Floodplain Zoning Districts: The flood hazard areas regulated by this chapter are divided into 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, within AE zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to section 8-13-9(E) of this chapter.
2. The flood fringe district (FF) is that portion of a riverine special flood hazard area outside the floodway within AE zones on the FIRM, or, when floodway limits have been determined according to section 8-13-9(E) of this chapter, within A zones shown on the FIRM.
3. The general floodplain district (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM.
D. Locating Floodplain Boundaries: Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd. (1) or (2) below. If a significant difference exists, the map shall be amended according to section 8-13-12 of this chapter. 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. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to section 8-13-11(C) of this chapter and the criteria in (1) and (2) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to section 8-13-12 of this chapter.
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 for projects, including any boundary of zone A, AO, the location of the boundary shall be determined by the map scale.
E. Removal Of Lands From Floodplain:
1. 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 (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 8-13-12 of this chapter.
2. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgment form unless all criteria set forth in the following paragraphs are met:
a. The land and/or land around the structure must be filled at least two feet (2') above the regional or base flood elevation;
b. The fill must be contiguous to land outside the floodplain; applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F;
3. Removal of lands from the floodplain may also occur by operation of section 87.30(1)(e), Wisconsin statutes if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70.
F. Compliance:
1. No structure or use within areas regulated by this chapter shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations.
2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with 8-13-13 of this chapter.
3. Floodplain development permits issued on the basis of plans and applications approved by the floodplain administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the floodplain administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with section 8-13-13 of this chapter.
G. Municipalities And State Agencies Regulated: 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 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. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a zone A floodplain and is not WisDOT project under section 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the floodplain administrator that the proposed project is a culvert replacement or bridge replacement under twenty feet (20') span at the same location, the project is exempt from a DNR permit under section 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site.
H. Abrogation And Greater Restrictions:
1. This chapter supersedes all the provisions of any municipal zoning ordinance enacted under sections 61.35 for villages; or 87.30, Wisconsin statutes, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2. 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.
I. Interpretation: 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 Wisconsin statutes. If a provision of this chapter, 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 hereof or in effect on the date of the most recent text amendment to this chapter.
J. Warning And Disclaimer Of Liability: 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 manmade or natural causes. This chapter does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This chapter does not 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.
K. Severability: Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
L. Annexed Areas For Cities And Villages: The Manitowoc 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 44 CFR 59-72, 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 zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location. (Ord. 2007-6, 11-19-2007; amd. Ord. 2011-4, 7-18-2011; Ord., 12-8-2022)