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Chapter 26. Floodplain Ordinance

Sec. 26-04. Floodway district (FW)

(1) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Sec. 26-07.

(2) Permitted uses. The following open space uses are allowed in the floodway district and the floodway areas of the general floodplain district, if they are not prohibited by any other ordinance; they meet the standards in Sec. 26-04 (3); and all permits or certificates have been issued according to Sec. 26-09 (2).

(a) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.

(b) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

(c) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Sec. 26-04 (3) (d).

(d) Uses or structures accessory to open space uses, or classified as historic structures that comply with Sec. 26-04 (3).

(e) Extraction of sand, gravel or other materials that comply with Sec. 26-04 (3) (d).

(f) Functionally water‑dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats.

(g) Public utilities, streets and bridges that comply with Sec. 26-04 (3) (c).

(3)  Standards for developments in floodway areas.

(a) General.

1. Any development in floodway areas shall comply with Sec. 26-03 and have a low flood damage potential.

2. Applicants shall provide the following data to determine the effects of the proposal according to Sec. 26-03 (1):

a. A cross‑section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or

b. An analysis calculating the effects of this proposal on regional flood height.

3. The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. 2. above.

(b) Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

1. The structure is not designed for human habitation and does not have a high flood damage potential.

2. It must be anchored to resist flotation, collapse, and lateral movement;

3. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and

4. It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.

(c) Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:

1. Adequate floodproofing measures are provided to the flood protection elevation; and

2. Construction meets the development standards of Sec. 26-03 (1).

(d) Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

1. The requirements of Sec. 26-03 (1) are met;

2. No material is deposited in the navigable channel unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met;

3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and

4. The fill is not classified as a solid or hazardous material.

(e) Prohibited uses. All uses not listed as permitted uses in Sec. 26-04 (2) are prohibited, including the following uses:

1. Habitable structures, structures with high flood damage potential, or those not associated with permanent open‑space uses;

2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

4. Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code;

5. Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs.NR 811 and NR 812, Wis. Adm. Code;

6. Any solid or hazardous waste disposal sites;

7. Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code;

8. Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

(Ord. No. 1169, 1, 1-12-2010; Ord. No. 1220, 1, 2-28-2012)