Chapter NR 116

NR 116.11(2)(c)4. 4. All areas within the hydraulic floodway landward of the official floodway lines shall be designated as “shallow depth flooding district”; and

NR 116.11(2)(c)5. 5. All areas within the floodplain landward of the hydraulic floodway lines shall be delineated as “floodfringe district”.

NR 116.11(2)(d) (d) Redelineation or rezoning floodfringe district to flood storage district. A “flood storage district” may be established for the area landward of the floodway in lieu of the floodfringe designation where floodplain storage will decrease the calculation of discharge and therefore the regional flood elevation, provided the following criteria are met:

NR 116.11(2)(d)1. 1. The department shall approve the methodology used to analyze floodplain storage to determine revised regional flood elevations.

NR 116.11(2)(d)2. 2. The municipality shall adopt standards outlined in s. NR 116.14 (2) pertaining to the flood storage district.

NR 116.11(2)(e) (e) Rezoning flood storage district to floodfringe district. Any proposal to rezone flood storage district to floodfringe district shall comply with the following conditions:

NR 116.11(2)(e)1. 1. Any increase in regional flood height shall be approved by the department prior to becoming effective. Increases in the regional flood elevation may only be approved by the department if the provisions in sub. (3) are satisfied; and

NR 116.11(2)(e)2. 2. The effect of rezoning the flood storage district to the floodfringe district shall be calculated by comparing the regional flood profile used as the basis for zoning to the regional flood profile determined by assuming that the area to be rezoned is not available to store floodwater.

NR 116.11(2)(f) (f) Rezoning the shallow depth flooding district to floodfringe district. Any proposal to rezone the shallow depth flooding district to floodfringe district shall comply with the following conditions:

NR 116.11(2)(f)1. 1. Any increase in regional flood height shall be approved by the department prior to the rezoning becoming effective. Increases in the regional flood elevation may only be approved by the department if the provisions in sub. (3) are satisfied;

NR 116.11(2)(f)2. 2. The entire shallow depth flooding district shall be rezoned to floodfringe district; and

NR 116.11(2)(f)3. 3. The effect of rezoning the shallow depth flooding district to the floodfringe district shall be calculated by comparing the regional flood profile determined by the hydraulic floodway lines to the regional flood profile determined by assuming that the entire shallow depth flooding district is not available to convey floodflows. Calculations shall conform to the standards contained in s. NR 116.07.

NR 116.11(3) (3) Criteria for redelineation or rezoning floodplain districts.

NR 116.11(3)(a) (a) Initial determinations. Prior to redelineation or rezoning any floodplain district a municipality shall:

NR 116.11(3)(a)1. 1. Assure that the applicable provisions of sub. (2) are met;

NR 116.11(3)(a)2. 2. Require adequate technical data from the applicant or the municipality and submit such data to the department for review and concurrence in the effect of the proposed amendment on the height of the regional flood;

NR 116.11(3)(a)3. 3. Assure that the proposed amendments meet the purpose of s. NR 116.01;

NR 116.11(3)(a)4. 4. Assure that the appropriate legal arrangements have been made with all property owners affected by the increased flood elevations; and

NR 116.11(3)(a)5. 5. Notify all affected municipalities of increased regional flood elevations.

NR 116.11(3)(b) (b) Amendment process. Upon completion of the steps in par. (a), the municipality and any affected municipality shall meet all legal requirements for amending its water surface profiles, floodplain zoning maps and zoning ordinances as established in s. NR 116.21 (6).

NR 116.11(3)(c) (c) Submission to the department for approval. If the municipality amends its official floodplain map, it shall also amend its water surface profiles and floodplain zoning ordinance and submit these amendments to the department for approval pursuant to s. NR 116.21 (6). Prior to department approval, all municipalities affected by the increased regional flood elevation shall amend their water surface profiles, floodplain zoning maps and zoning ordinances to reflect the increased regional flood elevations.

NR 116.11(4) (4) Exception to criteria for redelineating or rezoning floodplain districts. If, as a result of improved data generated by a revised study approved by the department, and not as a result of changes due to encroachments in the floodplain, the hydraulic floodway line is revised landward of the official floodway lines, the municipality may continue to regulate on the basis of the official floodway lines provided the municipality meets all of the requirements of sub. (3), except the requirement of sub. (3) (a) 4.

NR 116.11 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.12 NR 116.12 Development standards in floodway areas.

NR 116.12(1) (1) Prohibited uses. Municipalities shall prohibit the following uses in floodway areas:

NR 116.12(1)(a) (a) Except as provided in sub. (2), any development which will cause an obstruction to flood flows or an increase in regional flood discharge or will adversely affect the existing drainage courses or facilities.

NR 116.12(1)(b) (b) A structure is always prohibited in, on or over floodway areas if the structure is:

NR 116.12(1)(b)1. 1. Designed for human habitation;

NR 116.12(1)(b)2. 2. Associated with high flood damage potential; or

NR 116.12(1)(b)3. 3. Not associated with permanent open space uses.

NR 116.12(1)(c) (c) Any storage of materials that are buoyant, flammable, explosive or injurious to human, animal, plant, fish or other aquatic life.

NR 116.12(1)(d) (d) Any use which is not in harmony with, or which may be detrimental to, the uses permitted in the adjoining districts.

NR 116.12(1)(e) (e) Any sewage system, whether public or private, except portable latrines that are removed during flooding, or systems associated with recreational areas that meet the applicable provisions of local ordinances and ch. SPS 383.

NR 116.12(1)(f) (f) Any well, whether public or private, which is used to obtain water for ultimate human consumption, except systems associated with recreational areas that meet the applicable provisions of municipal zoning ordinances and chs. NR 811 and 812.

NR 116.12(1)(g) (g) Any solid or hazardous waste disposal facility.

NR 116.12(1)(h) (h) Any wastewater treatment pond or facility except as permitted in s. NR 110.15 (3) (b).

NR 116.12(1)(i) (i) Any sanitary sewer or water line except those used to service existing development or proposed development located outside of the floodway and which comply with the requirement for the floodplain area on which it is located.

NR 116.12(2) (2) Permitted uses and structures. Municipalities, using the appropriate procedure described in s. NR 116.21, may issue permits in floodway areas allowing open space uses having a relatively low flood damage potential, such as those uses associated with agriculture, recreation, surface parking lots, storage yards or certain sand and gravel operations. Permits for the following uses or structures may be allowed only if such uses or structures are consistent with all of the standards contained in this subsection and sub. (3) and such uses or structures are not prohibited in sub. (1) (b) to (i).

NR 116.12(2)(a) (a) Certain structures which are accessory to permitted open space uses or historical areas, if the structures meet all of the following criteria:

NR 116.12(2)(a)1. 1. Are not designed for human habitation;

NR 116.12(2)(a)2. 2. Have a low flood damage potential;

NR 116.12(2)(a)3. 3. Are associated with an open space use or are functionally dependant on a waterfront location:

NR 116.12 Note Note: For example, an unloading structure is functionally dependant on a waterfront location to unload boats or barges, but a storage facility is not.

NR 116.12(2)(a)4. 4. Except as provided in sub. (3), are to be constructed and placed on the building site so as to offer no obstruction to flood flows;

NR 116.12(2)(a)5. 5. Are firmly anchored to prevent them from floating away and restricting bridge openings or other constricted sections of the stream or river; and

NR 116.12(2)(a)6. 6. All service facilities, such as electrical and heating equipment, shall be at or above the flood protection elevation for the particular area.

NR 116.12(2)(b) (b) Campgrounds, provided all of the following criteria are met and approval is granted by the department:

NR 116.12(2)(b)1. 1. The character of the river system and the elevation of all portions of the campground are such that 72 hours warning of an approaching flood can be given to all persons using that campground;

NR 116.12(2)(b)2. 2. An adequate flood warning system is in existence which will provide for adequate advance notice to all persons in the campground and make evacuation mandatory. Such a system shall involve an annual renewable written agreement between the campground owner, the emergency government coordinator, the national weather service and the chief municipal law enforcement official which shall specify a flood elevation at which evacuation shall occur;

NR 116.12(2)(b)3. 3. The campground complies with all applicable local and state laws and regulations, including those of the department of health services;

NR 116.12(2)(b)4. 4. The campground shall have signs at all entrances warning of the flood hazard involved;

NR 116.12(2)(b)5. 5. Only mobile recreational vehicles with self-contained holding tanks or easily removable tents or camper units are allowable. No other habitable structures or buildings are permitted; and

NR 116.12(2)(b)6. 6. Litter collection facilities shall be placed at or floodproofed to the flood protection elevation or be removed during flooding.

NR 116.12(2)(c) (c) Uses permitted by the department pursuant to chs. 30 and 31, Stats., provided that the necessary permits are obtained from the department and necessary amendments are adopted by the municipality to the official floodway lines, regional flood profiles, floodplain zoning maps and floodplain zoning ordinances.

NR 116.12(2)(d) (d) Public utilities, roads, streets and bridges provided that:

NR 116.12(2)(d)1. 1. Adequate floodproofing measures are provided to the flood protection elevation; and

NR 116.12(2)(d)2. 2. Except as provided in sub. (3), construction may not cause any obstruction to flood flows as reflected in the water surface profile based upon existing conditions.

NR 116.12(2m) (2m) Permitted uses, no permit required. Camping in a camping unit in a floodway area outside of approved campgrounds under sub. (2) (b) is allowed without a permit if the camping unit consists of nothing more than an easily removable tent or if the following criteria are met:

NR 116.12(2m)(a) (a) The camping unit is a mobile recreational vehicle;

NR 116.12(2m)(b) (b) The camping unit is on a parcel of land that has less than 4 camping sites and the parcel is not advertised, represented or used as a camping area; and

NR 116.12(2m)(c) (c) The camping unit may not occupy the site for a period of more than 180 consecutive days.

NR 116.12(3) (3) Floodway development requiring amendments. Any development in a floodway which will cause an obstruction to flood flows may be authorized by the municipality, but only if amendments are made to the official floodway lines, regional flood profile, floodplain zoning maps and floodplain zoning ordinances in accordance with the criteria established in s. NR 116.11. All such amendments shall meet the provisions of s. NR 116.21 (6).

NR 116.12 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477; cr. (2m), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580; correction in (2) (b) 3. made under s. 13.92 (4) (b) 6., Stats., Register March 2011 No. 663; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

NR 116.13 NR 116.13 Development standards in floodfringe areas.

NR 116.13(1) (1) General.

NR 116.13(1)(a) (a) Municipalities, using the appropriate procedure described in s. NR 116.21, may issue permits allowing uses in floodfringe areas which are compatible with the criteria in this section.

NR 116.13(1)(b) (b) All floodfringe developments shall be compatible with local land use plans. In the absence of formal plans, development shall be compatible with the uses permitted in adjoining districts.

NR 116.13(1)(c) (c) Floodfringe developments may be permitted only if such developments do not cause an obstruction to flood flows of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems or if amendments are made to the affected official floodway lines, water surface profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with the provisions of ss. NR 116.11 and 116.21 (6).

NR 116.13(1)(d) (d) Floodfringe developments may be permitted only if such developments do not affect the conveyance capacity by causing an obstruction to flow or storage capacity of the floodplains, such that it causes any increase in the regional flood height or discharge.

NR 116.13(2) (2) Residential uses.

NR 116.13(2)(a) (a) Any structure or building used for human habitation (seasonal or permanent), which is to be erected, constructed, reconstructed, structurally altered or moved into the floodfringe area shall be place on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation. If any such structure or building has a basement or crawlway, the surface of the floor of the basement or crawlway shall be at or above the regional flood elevation and shall be floodproofed to the flood protection elevation in accordance with s. NR 116.16. No variance may be granted to allow any floor below the regional flood elevation. An exception to the basement requirement may be granted by the department, but only in those communities granted such exception by the federal emergency management agency (FEMA) on or before March 1, 1986.

NR 116.13(2)(b) (b) For all uses under this subsection:

NR 116.13(2)(b)1. 1. Fill shall be not less than one foot above the regional flood elevation;

NR 116.13(2)(b)2. 2. Fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon; and

NR 116.13(2)(b)3. 3. Dryland access shall be provided.

NR 116.13(2)(c) (c) If existing streets or sewer lines are at elevations which make compliance with par. (b) impractical, the department may approve the use of other floodproofing measures or methods in accordance with s. NR 116.16. The structure or building shall be floodproofed to the flood protection elevation.

NR 116.13(2)(d) (d) If existing streets or sewer lines are at elevations which make compliance with par. (b) 3. impractical, the municipality may permit new development and substantial improvements where access roads are at an elevation lower than the regional flood elevation, provided:

NR 116.13(2)(d)1. 1. The municipality has an adequate natural disaster plan which has been concurred in by the division of emergency government and approved by the department; or

NR 116.13(2)(d)2. 2. The municipality has written assurance from the appropriate units of police, fire and emergency services that rescue and relief can be provided by wheeled vehicles to the structures during regional flooding, taking into account the anticipated depth, duration and velocity of the regional flood event in the area, thereby protecting human life and health and minimizing property damage and economic loss.

NR 116.13(3) (3) Accessory uses. Accessory structures not connected to a principal structure, including nonresidential agricultural structures, shall meet the applicable provisions of s. NR 116.12 (2) (a) 1., 2., 5. and 6. and sub. (6). Any such accessory structure may be constructed at elevations lower than the flood protection elevation. However, no accessory structure may be inundated to a depth greater than 2 feet or subject to flood velocities greater than 2 feet per second upon the occurrence of the regional flood.

NR 116.13(3m) (3m) Permitted uses, no permit required. Camping in a camping unit in a floodfringe area outside of an approved campground under s. NR 116.12 (2) (b) is allowed without a permit if the camping unit consists of nothing more than an easily removable tent or if the following criteria are met:

NR 116.13(3m)(a) (a) The camping unit is a mobile recreational vehicle;

NR 116.13(3m)(b) (b) The camping unit is on a parcel of land that has less than 4 camping sites and the parcel is not advertised, represented or used as a camping area; and

NR 116.13(3m)(c) (c) The camping unit may not occupy the site for a period of more than 180 consecutive days.

NR 116.13(4) (4) Commercial uses. Any commercial structure or building which is to be erected, constructed, reconstructed, altered or moved into the floodfringe area shall meet the requirements of sub. (2). Certain yards, parking lots and other accessory structures or uses may be at elevations lower than the flood protection elevation. However, no such area in general use by the public may be inundated to a depth greater than 2 feet or subjected to flood velocities greater than 2 feet per second upon the occurrence of the regional flood. Inundation to depths greater than 2 feet may be approved provided an adequate warning system exists to protect life and property.

NR 116.13(5) (5) Manufacturing and industrial uses. Any manufacturing or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the floodfringe district shall be protected to the flood protection elevation utilizing fill, adequate floodproofing measures or any combination thereof. On streams or rivers having protracted flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with these criteria and the criteria in sub. (4), may be permissible for storage yards, parking lots and other accessory structures or uses.

NR 116.13(6) (6) Storage of materials. Storage of any materials which are buoyant, flammable or explosive, or which in times of flooding could be injurious to property, water quality or human, animal, plant, fish or aquatic life, shall be either floodproofed to or placed at or above the flood protection elevation. Adequate measures shall be taken to assure that these materials will not enter the river or stream during flooding.

NR 116.13(7) (7) Public utilities, streets and bridges.

NR 116.13(7)(a) (a) If failure or interruption of public facilities would result in danger to the public health or safety or if such facilities are essential to the orderly functioning of the area, adequate floodproofing measures shall be provided to the flood protection elevation; a lesser degree of protection may be provided for minor or auxiliary roads or utilities if these conditions do not exist.