So ... What are the regulations?

The purpose of the floodplain regulations are to:

• Protect life, health and property
• Minimize public expenditures for costly flood control projects
• Minimize rescue and relief efforts
• Minimize business interruptions
• Minimize damage to public facilities
• Minimize the occurrence of future flood blight areas
• Discourage the victimization of unwary land and home buyers
• Prevent increases in the regional flood from occurring

So, the floodplain consists of the floodfringe and the floodway.

What is allowed in each of these districts?

Floodway: Because the floodway area can be very dangerous during a regular flood event, most structural development is not allowed. Certain activities and uses are allowed here provided they meet strict criteria.

• Certain structures accessory to open space or historical areas;
• Campgrounds;
• Certain uses permitted by the Wisconsin DNR pursuant to Chapter 30 [exit DNR] and Chapter 31 [exit DNR] permits.

Floodfringe: Most activities and uses are permitted in the floodfringe, provided they meet certain development standards:

• Residential, commercial, manufacturing, and industrial uses;
• Accessory uses (to those mentioned above);
• Storage of materials;
• Public utilities and infrastructure; and
• Private sewage systems and wells.

What ISN'T allowed in these special areas?

Floodway:

• All structures intended for human habitation;
• Storage of materials that are buoyant, flammable, explosive or injurious to human, animal, plant, fish, or other aquatic life;
• Sewage systems or wells;
• Solid or hazardous waste disposal facilities;
• Wastewater treatment pond or facilities except as otherwise permitted by Wisconsin Administrative Code;
• Filling which would cause an obstruction to flow which is not otherwise permitted.

Floodfringe:

• Solid or hazardous waste disposal facilities.

Conditional uses (sometimes referred to as special exceptions) may be granted by the local municipality upon application and public hearing provided that the provisions, purpose and objectives of the floodplain zoning ordinance are met.

Variances or Appeals may be granted by the County Zoning Board of Adjustment or the City/Village Zoning Board of Appeals upon application and public hearing provided that the application can meet strict criteria. However:

• Variances may not permit a lower degree of flood protection in the floodplain area than the flood protection elevation; and
• variances may not permit uses which are strictly prohibited in the underlying use district (i.e. residential homes in a floodway).

Where can I find the regulations?

To view the laws of the State of Wisconsin regarding floodplain management, see Wisconsin State Statutes (see s. 87.30 Wisconsin Statutes) [exit DNR].

To view the administrative code of the State of Wisconsin see Wisconsin Administrative Code Chapter NR 116 [exit DNR].

For more information, contact:
Gary Heinrichs, Floodplain Planning Program Manager,
(608) 266-3093