WOOD COUNTY ORDINANCE #703 FLOODPLAIN ZONING ORDINANCE TABLE OF CONTENTS

WOOD COUNTY ORDINANCE #703 FLOODPLAIN ZONING ORDINANCE TABLE OF CONTENTS 703.01 STATUTORY AUTHORIZATION, FINIDNG OF FACT AND STATEMENT OF PURPOSE 703-1 (1) Statutory Authorization. 703-1 (2) Finding of Fact.. 703-1 (3) Statement of Purpose. 703-1 (4) Title. 703-1 703.02 GENERAL PROVISIONS.. 703-2 (1) Areas to be Regulated 703-2 (2) Official Maps and Revisions.. 703-2 (3) Establishment of Districts.. 703-4 (4) Locating Floodplain Boundaries 703-4 (5) Removal of Lands from Floodplain 703-5 (6) Effect of Floodplain Regulators.. 703-5 (7) Compliance 703-5 (8) Abrogation and Greater Restrictions 703-5 (9) Interpretation. 703-6 (10) Warning and Disclaimer of Liability.. 703-6 (11) Severability.. 703-6 (12) General Standards Applicable to All Floodplain Districts 703-6 (13) Public or Private Campgrounds 703-7 703.03 FLOODWAY DISTRICT (FW) 703-8 (1) Applicability 703-8 (2) Description of District 703-8 (3) Permitted Uses. 703-9 (4) Standards for Development in Floodway Areas.. 703-9 A. General. 703-9 B. Structures. 703-10 C. Public Utilities, Streets and Bridges.. 703-10 D. Fills or Deposition of Materials.. 703-10 (5) Prohibited Uses. 703-11 703.04 FLOOD FRINGE DISTRICT (FF).. 703-11 (1) Applicability 703-11 (2) Permitted Uses.. 703-12 (3) Standards for Development in Floodfringe Areas 703-12 A. General. 703-12 B. Residential 703-12 C. Accessory Structures. 703-12 D. Commercial. 703-13 E. Manufacturing and Industrial 703-13 F. Storage Materials 703-13 G. Public Utilities, Streets and Bridges. 703-13 H. Sewage Systems 703-13 I. Wells. 703-13 J. Solid Waste Disposal Sites 703-14 K. Deposition of Materials.. 703-14 L. Manufactured Homes.. 703-14 M. Mobile Recreational Vehicles 703-14 i

703.05 GENERAL FLOODPLAIN DISTRICT (GFP) 703-14 (1) Applicability. 703-14 (2) Permitted Uses.. 703-14 (3) Standards for Development in the General Floodplain District. 703-15 (4) Determining Floodway and Flood Fringe Limits 703-15 703.06 NONCONFORMING USES. 703-15 (1) General 703-15 (2) Floodway District 703-18 (3) Flood Fringe District.. 703-19 703.07 FLOODED AGRICULTURE DISTRICT CRANBERRY FARMS 703-20 (1) Statement of Authority.. 703-20 (2) Applicability. 703-21 (3) Permitted Use. 703-21 (4) Definitions... 703-21 A. Department. 703-21 B. Existing Cranberry Farm.. 703-21 C. FAD-C. 703-21 D. FAD Development Activities 703-21 E. Permit Required... 703-21 F. Perimeter Dike. 703-21 G. Maintenance Activities 703-21 H. Special Flood Hazard Areas.. 703-21 I. Zoning Agency.. 703-21 (5) Establishment of Existing Cranberry Farm 703-22 (6) Requirements for New FAD-C Development Activities in FAC-D. 703-22 A. A Zones.. 703-22 B. AE Zones 703-22 C. FAD Development Activities 703-23 D. FAD Development Activities Include... 703-23 1. New Dikes and Impoundments. 703-23 2. New Ditches. 703-23 3. New Farms Roads.. 703-23 4. New Reservoirs.. 703-23 5. Sand Mining. 703-23 6. New Water Control Structures. 703-23 7. New Bed Construction.. 703-23 (7) Maintenance Activities. 703-23 (8) Requirements for Maintenance Activities in FAD-C. 703-24 (9) FAD-C Permits 703-27 A. General Information. 703-27 B. Site Development Plan 703-27 C. A Zone Application.. 703-27 D. AE Zone Application. 703-27 703.08 ADMINISTRATION 703-27 (1) General 703-27 (2) Code Administrator... 703-28 (3) Administrative Procedures... 703-28 A. Land Use Permit.. 703-29 B. Permit Fees 703-33 C. Permit Expiration. 703-33 D. Certificate of Compliance.. 703-33 E. Other Permits 703-34 (4) Zoning Agency.. 703-34 ii

(5) Board of Adjustment 703-35 A. Powers and Duties of the Board.. 703-35 B. Appeals to the Board.. 703-35 C. Notice and Hearing for Appeals Including Variances 703-35 D. Boundary Disputes. 703-36 E. Variance 703-36 (6) Appeals of Permit Denials 703-38 (7) Flood Proofing Standards for Nonconforming Structures or Uses 703-39 (8) Public Information.. 703-39 703.09 AMENDMENTS. 703-40 (1) AE Zones. 703-40 (2) A Zones 703-40 (3) General 703-40 (4) Procedures. 703-41 703.10 ENFORCEMENT AND PENALTIES.. 703-41 703.11 DEFINITIONS... 703-41 iii

WOOD COUNTY ORDINANCE #703 FLOODPLAIN ZONING ORDINANCE 703.01 STATUTORY AUTHORIZATION, FINDING OF FACT AND STATEMENT OF PURPOSE (1) Statutory Authorization. This ordinance is adopted pursuant to the authorization contained in Sections 59.69 (planning & zoning authority), 59.692 (zoning of shorelands on navigable waters) and 59.694 (county zoning, adjustment board), and the requirements in s. 87.30 (floodplain zoning), Wis. Stats. (2) Finding of Fact. Uncontrolled development and use of floodplains, rivers or streams of Wood County, Wisconsin would adversely affect the public health, safety, convenience, general welfare and tax base. (3) Statement of Purpose. This ordinance is intended to regulate floodplain development to: A. Protect life, health and property; B. Minimize expenditures of public monies for flood control projects; C. Minimize rescue and relief efforts undertaken at the expense of the taxpayers; D. Minimize business interruptions and other economic disruptions; E. Minimize damage to public facilities in the floodplains; F. Minimize the occurrence of future flood blight areas in floodplains; G. Discourage the victimization of unwary land and home buyers; H. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners. I. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. (4) Title. This ordinance shall be known as the Floodplain Zoning Ordinance for Wood County, Wisconsin. 703-1

703.02 GENERAL PROVISIONS (1) Areas to be Regulated. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by the DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional flood elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply. A. Annexed Areas for Cities and Villages. The Wood County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the annexing municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116 (Wisconsin s Floodplain Management Program), Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed areas are described on the municipalities official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file at the municipality. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway. (2) Official Maps and Revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see s. 703.09 Amendments before it is effective. No changes to regional flood elevations (RFE s) on the non-fema maps shall be effective until approved by the DNR. These maps and revisions are on file in the Wood County Planning and Zoning Office. If more than one map or revision is referenced, the most restrictive information shall apply OFFICIAL MAPS : Based on the FIS: 550513 55141C0015G 55141C0016G 55141C0017G 55141C0018G 55141C0019G 55141C0040G 55141C0045G 55141C0065G 55141C0070G 55141C0090G 55141C0095G 55141C0115G 55141C0130G 55141C0135G 55141C0140G 55141C0145G 55141C0151G 55141C0152G 55141C0153G 55141C0154G 55141C0158G 55141C0160G 55141C0165G 55141C0166G 55141C0167G 55141C0168G 55141C0169G 55141C0180G 55141C0185G 55141C0190G 55141C0195G 55141C0205G 55141C0210G 55141C0215G 55141C0220G 55141C0230G 55141C0245G 55141C0265G 55141C0280G 55141C0285G 55141C0290G 55141C0295G 703-2

55141C0305G 55141C0307G 55141C0309G 55141C0310G 55141C0315G 55141C0317G 55141C0320G 55141C0330G 55141C0335G 55141C0340G 55141C0345G 55141C0355G 55141C0360G 55141C0365G 55141C0369G 55141C0370G 55141C0380G 55141C0384G 55141C0385G 55141C0386G 55141C0387G 55141C0388G 55141C0391G 55141C0392G 55141C0395G 55141C0405G 55141C0415G 55141C0430G 55141C0435G 55141C0440G 55141C0445G 55141C0455G 55141C0460G 55141C0465G 55141C0470G 55141C0480G 55141C0485G 55141C0490G 55141C0495G 55141C0505G 55141C0507G 55141C0509G 55141C0510G 55141C0515G 55141C0516G 55141C0517G 55141C0518G 55141C0519G 55141C0526G 55141C0527G 55141C0528G 55141C0529G 55141C0531G 55141C0532G 55141C0535G 55141C0536G 55141C0538G 55141C0540G 55141C0545G 55141C0551G 55141C0555G 55141C0565G 55141C0600G 55141C0625G 55141C0650G 55141C0675G 55141C0700G FIRM Effective Date: 02/17/2010 FIS: 55141CV000A FIS Effective Date: 02/17/2010 OFFICIAL MAPS: Based on other studies: A. The South Wood County Park Dam Analyses & Map, prepared by R. A. Smith & Assoc., dated April 1, 1991. B. Floodplain Survey. One Mile Creek. Maps & study prepared by City of Wisconsin Rapids Engineering Department, dated December 1968. C. Hazard Assessment and Engineering. Evaluation Lake Dexter Dam. Maps & study prepared by Ayres Associates, dated April 1993. D. Floodplain Study for a Branch of East Branch of the Yellow River. Maps & study prepared by Becher-Hoppe Associates Inc., dated January 2006. E. Floodplain Study Seven Mile Creek. Maps & study prepared by Gremmer & Associates, Inc., dated 9/19/2007. F. Flood Encroachment Study of Floodplain located in NW SW of Section 29, T24N. R3E. Maps & study prepared by MTS. Amended July 1, 2009. G. Floodplain Study. A Branch of East Branch of the Yellow River. Maps & study prepared by Becher-Hoppe Associates, Inc., dated January, 2006. 703-3

H. Wisconsin Emergency Relief Administration. Drainage Control Work. Summary Sheets & Maps of Beaver, Cranberry Creek, Kurt Creek, Remington, Two Mile Creek, and Wood County Drainage Districts. Historical engineering data of ditches and dams. I. Wisconsin Works Progress Administration. State Hydraulic Control. Drainage Control Dam data sheets 1-3. Historical engineering data. J. Inundation Map for Failure of Biron Dam. Maps & study prepared by Mead & Hunt dated 12/10/2001. K. Emergency Action Plan for the Biron Hydroelectric Project. Ferc Project 2192. Maps & Study revised 12/04/2008. Prepared by Mead & Hunt. Inundation maps & study dated 8/13/2008. L. Emergency Action Plan for The Wisconsin Rapids Hydroelectric Project. FERC Project No. 2256. Maps & study revised 1999. M. Emergency Action Plan for The Centralia Dam. FERC Project No. 2255. Maps & study dated 12/30/1988. N. Emergency Action Plan for the Port Edwards Dam. FERC Project No. 2291. Maps & study dated 12/30/1988. O. Emergency Action Plan for the Nekoosa Dam. FERC Project No. 2292. Maps & Study dated 12/30/1988. (3) Establishment of Districts. The regional floodplain areas are divided into three districts as follows: A. 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 and are contained within AE Zones as shown of the FIRM. B. The Floodfringe District (FF) is that portion of the floodplain between the regional flood limits and the floodway and displayed as AE Zones on the FIRM. C. The General Floodplain District (GFP) is those areas that have been or may be covered by flood water during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM. (4) Locating Floodplain Boundaries. A. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs B. or C. below. If a significant difference exists, the map shall be amended according to s. 703.09 (Amendments). The Code 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 703-4

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 code administrator and an applicant over the location of the district boundary shall be settled according to s. 703.08 (5) D. (Boundary Disputes), of this Ordinance and the criteria in paragraphs B. and C. below. B. 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 discrepancies. C. Where flood profiles do not exist, the location of the district boundary line shall be determined by the map scale. Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to s. 703.09 (Amendments). (5) Removal of Lands from Floodplain. Compliance with the provisions of this Ordinance shall not be grounds for the removal of lands from the floodplain unless; such lands are filled to a height of at least two (2) feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section 703.08 (Amendments) of this Ordinance. (6) Effect of Floodplain Regulations. The regulations set forth in this Ordinance for floodplain, flood fringe and floodway districts shall apply to all floodplains, flood fringes and floodways mapped on the "official floodplain zoning map". [See definition (69)]. (7) Compliance. Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations. A. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this Ordinance and obtain all necessary permits. State Agencies are required to comply if Section 13.48 (13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Section 30.2022, Wis. Stats, applies. (8) Abrogation and Greater Restrictions. A. This Ordinance supersedes provisions of any county zoning ordinance relating to floodplains enacted under Section 59.69 or 59.692, Wis. Stats. which relate to floodplains. If another ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. B. It is not otherwise intended by this Ordinance to repeal, abrogate, or impair any existing deed restrictions, covenants or easements. Where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. 703-5

(9) Interpretation. In their interpretation and application, the provisions of this Ordinance are the minimum requirements and shall be liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by Wisconsin Statutes. If a provision of this Ordinance is required by Chapter NR 116, Wis. Admin. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Chapter NR 116 standards in effect on the date of adoption of this Ordinance or in effect on the date of the most recent text amendment to this Ordinance. (10) Warning and Disclaimer of Liability. The flood protection standards in this Ordinance are based on engineering experience and research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This Ordinance does not imply or guarantee that non-floodplain areas or uses permitted within the floodplain, will be free from flooding or flood damages, nor shall this Ordinance create a liability on the part of or a cause of action against the County of Wood or any officer or employee thereof for any flood damage that may result from reliance on this Ordinance. (11) Severability. If any portion of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected. (12) General Standards Applicable To All Floodplain Districts. A. Wood County 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 and 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 to minimize flood damages; and ensure that utility and mechanical equipment is 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 ordinance and all other requirements in s. 703.08(3)A. (Floodplain Permit). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems area located and constructed to minimize or eliminate flood damages. B. Hydraulic and Hydrologic Analyses: Except as provided in Paragraph B below, no floodplain development shall: 1. Obstruct flow, defined as any development which blocks the conveyance of floodwaters by itself or with other development increasing regional flood height; or 703-6

2. Cause an increase in the regional flood height due to floodplain storage area lost; C. The Code Administrator shall deny permits where it is determined the proposed development will cause an obstruction to flow or increase in regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 703.09 (Amendments) are met. D. Watercourse Alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department of Natural Resources and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The standards of s. 703.02(12)B. (Hydraulic and Hydrologic Analyses) must be met and the flood carrying capacity within the altered or relocated watercourse shall be maintained. As soon as is practical, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 703.09 (Amendments), the Code Administrator shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process. E. Development which requires a permit from the Department of Natural Resources, under Chapters 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids may be allowed provided the necessary local permits are obtained and necessary amendments to the floodplain zoning ordinance, are made according to s. 703.09 (Amendments). (13) Public or Private Campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions A. The campground is approved by the Department of Health Services. B. A zoning permit for the campground is issued by the Code Administrator. C. The character of the river system and the elevation of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants. D. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the county emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation. 703-7

E. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in par. D. - to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations. F. Only camping units that are fully licensed, if required, and ready for highway use are allowed. G. The camping units shall not occupy any site in the campground for more than 180 day consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. H. All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all provisions of this section. I. The Code Administrator shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section. J. All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements of either s. 703.03 (Floodway District), 703.04 (Flood Fringe District) or 703.05 (General Floodplain District) for the floodplain district in which the structure is located. K. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued. L. All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. 703.03 FLOODWAY DISTRICT (FW) (1) Applicability. The provisions of this section shall apply to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 703.05 (4) (Determining Floodway and Flood Fringe Limits) of this Ordinance. (2) Description of District. The Regional Floodway District shall include mapped floodway areas so designated on the official floodplain zoning maps (see s. 703.02 (2)) showing the regional flood limits. All such maps shall be approved by the Department of Natural Resources and FEMA. 703-8

(3) Permitted Uses. The following open spaces uses are allowed in the Floodway District and the floodway areas of the General Floodplain District provided: A. they are not prohibited by any other ordinance; B. they meet all of the standards contained in s. 703.03 (4) (Standards for Development in Floodway Areas); and C. all permits or certificates have been issued by the Code Administrator, pursuant to s. 703.08 (2). D. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting. E. Nonstructural industrial and commercial uses, such as: loading areas, parking areas, airport landing strips. F. Nonstructural recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat/launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails, subject to the fill limitations of s.703.03(4)(e). G. Uses or structures accessory to open space uses, or classified as historic structures that comply with s. 703.03 (4) (Standards for Development in Floodway Areas) and s. 703.03 (5) (Prohibited Uses). H. Extraction of sand, gravel and/or other materials according to s. 703.03(4) E (Fills or Deposition of Materials). I. Functionally water-dependent uses such as: docks, piers or wharves, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, according to Chapters 30 and 31, Wis. Stats.. J. Railroads, streets, bridges, and public utilities that comply with s. 703.03(4) (Standards for Development in Floodway Areas). (4) Standards for Development in Floodway Areas. A. General. 1. Any development in the floodway shall meet all of the provisions of s. 703.02 (12) B. (Hydraulic and Hydrologic Analyses), and have a low flood damage potential. 703-9

2. Applicants shall provide the following data for the Code Administrator to determine the effects of the proposal according to s. 703.02 (12) (General Standards Applicable to All Floodplain Districts): 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 the proposal on regional flood height. 3. The Code Administrator shall deny the permit application where it is determined the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for par. 2, above. B. Structures. Structures which are accessory to permanent open space uses or are functionally dependent on a waterfront location, may be allowed by permit, providing 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 and is constructed to minimize flood damage; 2. It shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 3. It must be anchored to resist flotation, collapse, and lateral movement; 4. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and 5. 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 flood proofing measures are provided to the flood protection elevation; 2. Construction meets the standards of s. 703.02 (12). D. Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit if: 703-10

1. The provisions of s. 703.02 (12) (General Standards Applicable to All Floodplain Districts) are met; 2. No material is deposited in navigable waters unless a permit is issued by the Department of Natural Resources pursuant to Chapter 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334 has been issued, if applicable, and the other requirements of this Section are met; and 3. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulk heading. 4. The fill is not classified as a solid or hazardous material. (5) Prohibited Uses. All uses not listed as permitted uses in s. 703.03 (3) (Permitted Uses) are prohibited including the following uses: A. Habitable structures, structures with high flood damage potential, or not associated with permanent open-space uses; B. Storing materials that are capable of floating, flammable, explosive or injurious to property, water quality, or human, animal, plant, fish or other aquatic life; C. Uses which are not in harmony with, or which may be detrimental to uses permitted in the adjoining districts; D. Any private or public sewage system, except portable latrines that are removed prior to flooding, and systems associated with recreational areas and Department of Natural Resources-approved campgrounds that meet the applicable provisions of local ordinances and Chapter SPS 383, Wis. Admin. Code; E. 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 Chapters NR 811 and 812, Wis. Admin Code F. Any solid or hazardous waste disposal sites, whether private or public; G. Any wastewater treatment ponds or facilities except those permitted under Chapter NR 110.15 (3) (b), Wis. Admin. Code; H. 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. 703.04 FLOOD FRINGE DISTRICT (FF) (1) Applicability. This section shall apply to all flood fringe areas shown of the floodplain zoning maps, and to those identified pursuant to para. 3 below. 703-11

(2) Permitted Uses. A. Any structure, land use, or is allowed in the Flood fringe District if the use is not prohibited by this or any other ordinance or any other federal, state or local regulations, that the standards contained in s. 703.04 (3) are met, and provided that a floodplain zoning permit has been issued by the Code Administrator. (3) Standards for Development in Flood Fringe Areas. A. General. All of the provisions of s. 703.02 (12) (General Standards Applicable to All Floodplain Districts) shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood fringe must meet the requirements of s. 703.06 (Nonconforming Uses). B. Residential. All habitable structure, including a manufactured home, which is to be newly constructed or moved into the flood fringe shall meet or exceed the following standards. Any existing structure in the flood fringe must meet the requirements of s. 703.06 (Nonconforming Uses): 1. The elevation of the lowest floor of a structure, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill unless the requirements of para. 2. below can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. 2. The basement or crawlway floor may be placed at the regional flood elevation provided it is dry flood proofed to the flood protection elevation. No basement or crawlway is allowed below the regional flood elevation. 3. Contiguous dry land access shall be provided from a structure to land which is outside of the floodplain, except as provided in par. 4. 4. In developments where existing streets or sewer lines are at elevations which make compliance with par. 3 impractical, the County may permit new development and substantial improvements where roads are below the regional flood elevation, provided: a. The County has written assurance from the appropriate local units of police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles, during a regional flood event; or b. The County has a DNR-approved emergency evacuation plan. C. Accessory Structures. 1. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. 703-12

D. Commercial. Any commercial structure which is erected, altered or moved into the flood fringe shall meet the requirements of 703.04 (3) B. (Residential) subject to the requirements of para. F below, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. E. Manufacturing and Industrial. Any manufacturing or industrial structure which is erected, altered or moved into the flood fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the flood proofing standards in s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses). Subject to the requirements of para. F below, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. F. Storage Materials. The storage of materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, or plant, fish or aquatic life, shall be at or above the flood protection elevation or floodproofed in compliance with Section 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses) of this Ordinance. Adequate measures shall be taken to assure that such materials will not enter the water body during flooding. G. Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be compatible with the local comprehensive floodplain development plans; and 1. When failure of public utilities, street and bridges would result in danger to the public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed in compliance with s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses); 2. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. H. Sewage Systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, to the flood protection elevation, pursuant to s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses) and shall meet the provisions of local ordinances and Chapter SPS 383, Wis. Admin. Code. I. Wells. All wells, whether public or private, shall be designed to minimize or eliminate infiltration of flood water into the system, to the flood protection elevation, pursuant to s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses) and shall meet the provisions of Chapters NR 811 and NR 812, Wis. Admin.Code. 703-13

J. Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in flood fringe areas. K. Deposition of Materials. Any deposited material must meet all the provisions of this Ordinance. L. Manufactured Homes. 1. Owners or operators of all manufactured home parks and subdivisions shall provide for adequate surface drainage to minimize flood damage and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with the appropriate local emergency management authorities. 2. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved shall: a. Have the lowest floor elevated to the flood protection elevation; and b. Be anchored so they do not float, collapse or move laterally during a flood. 3. Outside of existing manufactured home parks, including new manufactured home parks, and all single units outside of existing parks; all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the flood fringe in s. 703.04 (3) B (Residential). M. Mobile Recreational Vehicles. 1. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in s. 703.04 (3) L. 2. and 3. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quickdisconnect utilities and security devices and has no permanently attached additions. 703.05 GENERAL FLOODPLAIN DISTRICT (GFP) (1) Applicability. The provisions for this district shall apply to all floodplains in Wood County mapped as A, AO, or AH zones. (2) Permitted Uses. Pursuant to Paragraph (4) below, it shall be determined whether the proposed use is located within a floodway or flood fringe. Those permitted uses in the Floodway (s. 703.03 (3)), and Flood Fringe (s. 703.04 (3)) Districts are allowed within the General Floodplain District, provided the procedures of 703-14

s. 703.05 (3) below are met, and provided that all permits or certificates required under s. 703.08 have been issued. (3) Standards for Development in the General Floodplain District. Section 703.03 applies to floodway areas, s. 703.04 applies to flood fringe areas. The rest of this ordinance applies to either district. A. In AO/AH Zones the structure s lowest floor must meet one of the conditions listed below, whichever is higher; 1. at or above the flood protection elevation; or 2. two (2) feet above the highest adjacent grade around the structure; or 3. the depth as shown on the FIRM. B. In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures. (4) Determining Floodway and Flood Fringe Limits. Upon receiving an application for development within the General Floodplain District, the Code Administrator shall: A. Require the applicant to submit, at the time of application, two copies of an aerial photograph or a plan which accurately locates the proposed development with respect to the General Floodplain District limits, channel of the stream, existing floodplain developments, together with all pertinent information such as the nature of the proposal, legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM. B. Require the applicant to furnish any of the following additional information as is deemed necessary by the Department of Natural Resources for evaluation of the effects of the proposal upon flood height and flood flows, the regional flood elevation and to determine the boundaries of the floodway: 703.06 NONCONFORMING USES 1. A Hydrologic and Hydraulic Study as specified in s. 703.08(3)A.4. 2. Plan (surface view) showing: elevations or contours of the ground; pertinent structure, fill or storage elevation; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; 3. Specifications for building construction and materials, flood proofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. (1) General. If these standards conform to the provisions of Section 59.69 (10), Wis. Stats., they shall apply to all nonconforming uses. These regulations apply to the 703-15

modification of, or addition to, any structure and to the use of any structure or premises which was lawful before the passage of this Ordinance or any amendment thereto. The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: A. No modification or additions to a nonconforming use or a nonconforming structure shall be permitted unless they comply with this Ordinance The words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered an extension, modification or addition; these include painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. B. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this Ordinance. C. The County shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, and the cost of all additions or modifications which have been permitted, and the percentage of the structure's total current value those modifications represent D. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed fifty percent (50%) of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this Ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 703.04 (3) B (Residential). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of the paragraph. E. No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry 703-16

land access must be provided for residential and commercial uses in compliance with s. 703.04(3)B (Residential). F. If on a per event basis the total value of the work being done under (D) and (E) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming sue in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 703.04 (3) B (Residential). G. Except as provided in para. F, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current requirements of this Ordinance. A structure is considered substantially damaged if the total cost to restore the structure to its predamaged condition equals or exceeds 50% of the structure s present equalized assessed value. H. For nonconforming structures that are substantially damaged or destroyed by a non-flood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction. 1. Residential Structures a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of s. 703.08 (7) B (Floodproofing Standards for Nonconforming Structures or Uses). b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage. c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source. e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 703.05(3)A. (Standards for Development in the General Floodplain District) f. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 703-17

2. Nonresidential Structures a. Shall meet the requirements of s. 703.06(1)A.-B. and E.-G. (Nonconforming Uses, General) b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 703.08(7)A. or B. (Floodproofing Standards for Nonconforming Structures or Uses). c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 703.05(3)A. (Standards for Development in the General Floodplain District) I. A nonconforming historic structure may be altered if the alteration will not preclude the structure s continued designation as a historic structure, the alteration will comply with s.703.03 (4) (Standards for Development in Floodplain Areas) of this Ordinance, flood resistant materials are used, and construction practices and flood proofing methods that comply with s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures or Uses) of this Ordinance are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 703.06(1) H.1. if it is determined that the proposed repair or rehabilitation will not preclude the structure s continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. (2) Floodway District. A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway district, unless such modification or addition meets all of the following criteria: 1. Has been granted a permit or variance which meets all requirements of this Ordinance; 2. Meets the requirements of s. 703.06 (1) (Nonconforming Uses, General); 3. The modifications or additions to a structure will not increase the amount of obstruction to flood flows or regional flood height; 4. Any addition to the existing structure shall be floodproofed, pursuant to s. 703.08(7) (Floodproofing Standards for Nonconforming Structures or Uses), by means other than the use of fill, to the flood protection elevation; 5. Has been granted a permit or variance which meets the floodway requirements of this Ordinance; 6. If any part of the foundation below the regional flood elevation is enclosed, the following standards shall apply: 703-18

a. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; b. The parts of the foundation located below the flood protection elevation must be constructed of flood resistant materials; c. Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and d. The use must be limited to parking, building access or limited storage. B. No new private onsite waste treatment system, or addition to an existing private onsite waste treatment system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a Floodway District. Any replacement, repair, or maintenance of an existing private onsite waste treatment system in a floodway shall meet the applicable provisions of local ordinances, s. 703.08(7)B.3. and Chapter SPS 383, Wis. Admin. Code. C. No new well or modification to an existing well used to obtain potable water, shall be allowed in a Floodway District. Any replacement, repair or maintenance of an existing well in a Floodway District shall meet the applicable requirements of all municipal ordinances, s. 703.08(7)B.3. (Floodproofing Standards for Nonconforming Structures or Uses) and Chapters NR 811 and NR 812, Wis. Admin Code. (3) Flood Fringe District. A. No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the County and meets the requirements of s. 703.04 (3) (Standards for Development in Flood fringe Areas), except where para. B. below is applicable. B. Where compliance with the provisions of para. A. above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment, using the procedure in s. 703.08 (5) E. (Variance), may grant a variance from those provisions of para. A. above for modifications and additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: 703-19

1. No floor is allowed below the regional flood elevation for residential or commercial structures; 2. Human lives are not endangered; 3. Public facilities, such as water or sewer, are not to be installed; 4. Flood depths will not exceed two feet; 5. Flood velocities will not exceed two feet per second; and 6. The structure will not be used for storage of materials described in s. 703.04 (3) F (Storage Materials). C. All new, addition to, replacement, repair or maintenance of a private onsite waste treatment system shall meet all the applicable provisions of all ordinances and Chapter SPS 383, Wis. Admin. Code. D. Any new, addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, s. 703.08 (7) (Floodproofing Standards for Nonconforming Structures of Uses), and Chapters NR 811 and NR 812, Wis Admin. Code. 703.07 FLOODED AGRICULTURE DISTRICT CRANBERRY FARMS (FAD-C) (1) Statement of Authority. The Federal government created the National Flood Insurance Program (NFIP) to establish flood risk zones and to provide flood insurance to property owners in communities that adopt and enforce floodplain regulations in accordance with regulatory floodplain maps approved by the Federal Emergency Management Agency (FEMA). In recognition of the NFIP s requirements, the following ordinance shall apply to flooded agriculture districts cranberry farms (FAD-C). Cranberry farming uses extensive water management systems that are often located in areas designated as a Special Flood Hazard Area (SFHA). Within the SFHA, this ordinance establishes the minimum floodplain regulations, which apply to maintenance and FAD development activities and it preserves the orderly and efficient use of land for agricultural purposes. The provisions of this ordinance are limited to floodplain management requirements. This section is designed to clarify permit procedures for routine activities related to cranberry culture. 703-20