Chapter NR 116

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.

NR 116.15(3) (3) Floodfringe areas.

NR 116.15(3)(a) (a) Except as provided in par. (b) or (c), no modification or addition to any nonconforming building or any building with a nonconforming use in the floodfringe area may be allowed unless such modification or addition has been granted by permit, special exception, conditional use or variance and the modification or addition is placed on fill or is floodproofed in compliance with the applicable regulations contained s. NR 116.13 (2).

NR 116.15(3)(b) (b) If compliance with the fill or floodproofing provisions of par. (a) would result in unnecessary hardship, and only if the building will not be used for human habitation and will not be associated with a high flood damage potential, the county board of adjustment or the city or village board of appeals, using the procedures established in s. NR 116.21 (4), may grant a variance for modifications or additions which are protected to elevations lower than the flood protection elevation if:

NR 116.15(3)(b)1. 1. Human lives will not be endangered;

NR 116.15(3)(b)2. 2. Water or private sewage systems will not be installed;

NR 116.15(3)(b)3. 3. Flood depths will not exceed 2 feet;

NR 116.15(3)(b)4. 4. Flood velocities will not exceed 2 feet per second; and

NR 116.15(3)(b)5. 5. The building will not be used for storage of materials described in s. NR 116.13 (6).

NR 116.15(3)(c) (c) An addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in a floodfringe area on a one time basis only if:

NR 116.15(3)(c)1. 1. The addition has been granted by permit, special exception, conditional use or variance;

NR 116.15(3)(c)2. 2. The addition does not exceed 60 square feet in area; and

NR 116.15(3)(c)3. 3. The addition, in combination with other modifications or additions to the building, does not exceed 50% of the present equalized assessed value of the building.

NR 116.15(3)(d) (d) All new private sewage systems, or additions to, maintenance, repair or replacement of a private sewage system, in a floodfringe area shall meet the applicable requirements of all municipal ordinances and ch. SPS 383.

NR 116.15(3)(e) (e) All new wells, or additions to, replacement, repair or maintenance of a well, in a floodfringe area shall meet the applicable provisions of the floodplain zoning ordinance and chs. NR 811 and 812.

NR 116.15(4) (4) Shallow depth flooding area. No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a shallow depth flooding area unless the entire building is permanently changed to conform with the standards prescribed in s. NR 116.14 (1).

NR 116.15(5) (5) Flood storage area. No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a flood storage area unless the entire building is permanently changed to conform with the standards prescribed in s. NR 116.14 (2).

NR 116.15(6) (6) Coastal floodplain area. No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire building is permanently changed to conform with the standards prescribed in s. NR 116.14 (3).

NR 116.15(7) (7) Municipal responsibilities.

NR 116.15(7)(a) (a) Municipal floodplain zoning ordinances shall regulate nonconforming uses and nonconforming buildings in a manner consistent with this section and the applicable state statutes. These regulations shall apply to the modification or addition of any building or to the extension of the use of any building or premises which was lawful before the passage of the floodplain zoning ordinance or any amendment thereto.

NR 116.15(7)(b) (b) As permit applications are received for modifications or additions to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value and a list of the costs of those activities associated with changes to those buildings enumerated in sub. (2) (a) or (3) (a), (b) and (c).

NR 116.15 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) (c) and (3) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477; correction in (1) (intro.) was made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547; CR 03-064: am. (1) (c) Register April 2004 No. 580, eff. 5-1-04; CR 03-091: am. (1) (a), cr. (1) (am) and (as), Register August 2004 No. 584, eff. 9-1-04; corrections in (2) (b), (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

NR 116.16 NR 116.16 Floodproofing.

NR 116.16(1) (1) General standards. When floodproofing measures are required by either a municipal floodplain zoning ordinance or some other regulation which incorporates by reference the floodproofing requirements of this chapter, such measures shall be designed to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood, to assure that the structures are watertight and completely dry to the flood protection elevation without human intervention during flooding.