Chapter NR 116

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.

NR 116.13(7)(b) (b) Public utilities, roads, streets and bridges within the floodfringe shall be designed to be compatible with the local floodplain development plans.

NR 116.13(8) (8) Private sewage systems. All private sewage systems shall meet the applicable provisions of the local ordinances and ch. SPS 383.

NR 116.13(9) (9) Wells. All wells, whether public or private, shall be floodproofed to the flood protection elevation and shall meet the applicable provisions of chs. NR 811 and 812.

NR 116.13(10) (10) Solid or hazardous waste disposal facilities. All solid or hazardous waste disposal facilities, whether public or private, are prohibited in floodfringe areas.

NR 116.13(11) (11) Deposition of materials. Any deposition of materials for any purpose may be allowed only if the provisions of this section are met.

NR 116.13 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477; cr. (3m), Register, June, 1996, No. 486, eff. 7-1-96; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

NR 116.14 NR 116.14 Development standards in other floodplain areas. In cooperation with municipalities, and to insure sound floodplain management, the department may designate or approve the following floodplain districts, in addition to those established in ss. NR 116.12 and 116.13, providing the criteria in s. NR 116.11 are met:

NR 116.14(1) (1) Shallow depth flooding district. The standards for permitting development in a floodfringe area under s. NR 116.13 shall be applicable to a shallow depth flooding area except that such development may not result in an obstruction to flood flows. If development does cause an obstruction to flood flows, the development may not be permitted unless the entire shallow depth flooding district is rezoned to floodfringe district according to the criteria established in s. NR 116.11 (2) (f).

NR 116.14(2) (2) Flood storage district.

NR 116.14(2)(a) (a) General. Municipalities using the appropriate procedure described in s. NR 116.20, may issue permits for development in flood storage areas which are compatible with the criteria for floodfringe areas, as described in s. NR 116.13, providing the provisions of par. (b) are met.

NR 116.14(2)(b) (b) Flood storage modifications. When any proposed development would remove flood storage volume, an equal volume of storage, as defined by the ground surface and the regional flood elevation, shall be provided to compensate for the volume of storage which is lost. Excavation below the groundwater table is not considered as providing an equal volume of storage.

NR 116.14(2)(c) (c) Rezoning of flood storage district. If compensatory storage cannot be provided, the area may not be developed unless the entire flood storage district is rezoned to floodfringe district utilizing the criteria established in s. NR 116.11 (2) (e).

NR 116.14(3) (3) Coastal floodplain district. The standards for permitting development in a floodfringe area under s. NR 116.13 shall be applicable in a coastal floodplain area, except that no development may be allowed which:

NR 116.14(3)(a) (a) Will be adversely affected by wave runup along the shore of Lake Michigan or Lake Superior; or

NR 116.14(3)(b) (b) Is associated with a high flood damage potential.

NR 116.14 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.15 NR 116.15 Nonconforming uses and nonconforming buildings.

NR 116.15(1) (1) General. Insofar as the standards in this section are not inconsistent with the provisions of ss. 59.69 (10) and 62.23 (7) (h), Stats., they shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance. These standards apply to the modification of, or addition to, any building and to the use of any building or premises which was lawful before the passage of the ordinance. The existing lawful use of a building or its accessory use which is not in conformity with the provisions of a floodplain zoning ordinance may be continued subject to the following conditions:

NR 116.15(1)(a) (a) No extension of a nonconforming use, or modification or addition to any building with a nonconforming use or to any nonconforming building, may be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words “modification” and “addition” shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any existing building, accessory building or accessory use, except as provided in pars. (am) and (as).

NR 116.15(1)(am) (am) For the purposes of this section, ordinary maintenance repairs are not considered an extension, modification or addition; ordinary maintenance repairs include internal and external painting, decorating, paneling, the replacement of doors, windows and other nonstructural components; and the maintenance, repair or replacement of existing private sewage systems, water supply systems or connections to public utilities;

NR 116.15(1)(as) (as) For the purposes of this section, 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 principal structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.

NR 116.15(1)(b) (b) If a nonconforming use or the use of a nonconforming building is discontinued for 12 consecutive months, it is no longer permitted and any future use of the building shall conform with the appropriate provisions contained in ss. NR 116.12, 116.13 and 116.14.

NR 116.15(1)(c) (c) No modification or addition to any nonconforming building or any building with a nonconforming use, which over the life of the building would exceed 50% of its present equalized assessed value, may be allowed unless the entire building is permanently changed to a conforming building with a conforming use in compliance with the applicable requirements of this chapter. 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 this paragraph.

NR 116.15(1)(d) (d) If any nonconforming building or any building with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions of ss. NR 116.12, 116.13 and 116.14 are met. For the purpose of this subsection, restoration is deemed impracticable where the total cost of such restoration would exceed 50% of the present equalized assessed value of the building.

NR 116.15(2) (2) Floodway areas.

NR 116.15(2)(a) (a) No modifications or addition to any nonconforming building or any building with a nonconforming use in a floodway area may be allowed, unless such modification or addition has been granted by permit, special exception, conditional use or variance and meets all of the requirements of sub. (1) and the following criteria:

NR 116.15(2)(a)1. 1. The modification or addition to a building may not increase the amount of obstruction to flood flows; and

NR 116.15(2)(a)2. 2. Any addition to a building shall be floodproofed in accordance with the requirements of s. NR 116.16, by means other than the use of fill, to the flood protection elevation.

NR 116.15(2)(b) (b) No new private sewage system, or addition to an existing private sewage system, may be allowed in a floodway area. Any maintenance, repair or replacement of a private sewage system in a floodway area shall meet the applicable requirements of all municipal ordinances and ch. SPS 383.

NR 116.15(2)(c) (c) No new well, or modifications to an existing well, which is used to obtain water for ultimate human consumption may be allowed in a floodway area. Any maintenance, repair or replacement of an existing well in a floodway area shall meet the applicable requirements of all municipal ordinances and chs. NR 811 and 812.