Chapter NR 116

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.

NR 116.16(2) (2) Certification.

NR 116.16(2)(a) (a) Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:

NR 116.16(2)(a)1. 1. Anchorage of structures, or addition of mass or weight to structures, to prevent flotation.

NR 116.16(2)(a)2. 2. Reinforcement of walls and floors to resist rupture or collapse caused by water pressures or floating debris.

NR 116.16(2)(a)3. 3. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters into such systems.

NR 116.16(2)(a)4. 4. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors.

NR 116.16(2)(a)5. 5. Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

NR 116.16(2)(a)6. 6. Placement of essential utilities above the flood protection elevation.

NR 116.16(2)(b) (b) Whenever floodproofing measures are required, a permit, special exception, conditional use or variance may not be issued until the certification required in par. (a) is submitted to the municipal zoning administrator.

NR 116.16 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.17 NR 116.17 Levees, floodwalls and channel improvements.

NR 116.17(1) (1) General. The following standards shall apply to municipal floodplain zoning regulations for areas landward of levees, floodwalls and channel improvements.

NR 116.17(2) (2) Levees or floodwalls.

NR 116.17(2)(a) (a) A levee or floodwall shall be considered adequate if all of the following criteria and the requirements of par. (b) are met:

NR 116.17(2)(a)1. 1. The minimum top elevation of the levee or floodwall shall be calculated using whichever of the following provides the greater protection from floods:

NR 116.17(2)(a)1.a. a. The profile of the regional flood with that regional flood confined riverward of the proposed levee or floodwall, plus 3 feet of freeboard; or

NR 116.17(2)(a)1.b. b. The standard project flood and/or the 500 year flood confined riverward of the proposed levee or floodwall.

NR 116.17(2)(a)1.c. c. Exceptions to the standards in subd. 1. a. and b. may be granted by the department on a case-by-case basis for levees and floodwalls not used to protect human life.

NR 116.17(2)(a)2. 2. U.S. army corps of engineers standards for design and construction of levees and floodwalls shall be the minimum standard for levees and floodwalls.

NR 116.17(2)(a)3. 3. Interior drainage shall be provided using designated ponding areas, pumps or other similar means, in accordance with U.S. army corps of engineers standards.

NR 116.17(2)(a)4. 4. An emergency action plan, concurred in by the division of emergency government and approved by the department, shall be in effect for the area behind the levee or floodwall that would be in the floodplain without the proposed levee or floodwall in place.

NR 116.17(2)(a)5. 5. The municipality shall provide notification to all persons receiving construction permits in the area behind the proposed levee or floodwall that would be in the floodplain without the proposed levee or floodwall in place that they are in an area protected by a levee or floodwall which is subject to flooding if the levee or floodwall is overtopped.

NR 116.17(2)(a)6. 6. The levee or floodwall shall be annually inspected and certified, by a professional engineer registered in Wisconsin, that the levee or floodwall meets the standards in subds. 1. to 5. Annual reports of the inspection and certification shall be sent to the department for review.

NR 116.17(2)(a)7. 7. The department reviews and approves the material submitted under subds. 1. to 5.

NR 116.17(2)(b) (b) No obstruction to flood flows caused by construction of levees or floodwalls may be allowed unless amendments are made to the floodway lines, regional flood profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with the provisions of ss. NR 116.11, 116.12 (3) and 116.21 (6). Calculations of the effect of the levee or floodwall on regional flood heights shall compare existing conditions with the condition of the regional flood confined riverward of the proposed levee or floodwall.

NR 116.17(2)(c) (c) Floodplain areas protected by the adequate levee or floodwall shall be designated as flood fringe but may be regulated as areas outside of the floodplain unless the department determines that the levee or floodwall is no longer adequate.

NR 116.17(3) (3) Inadequate levees or floodwalls. If the department determines that an existing levee or floodwall does not meet the criteria of sub. (2) (a), all floodplain areas landward of the inadequate levee or floodwall shall be regulated as if the levee or floodwall does not exist.

NR 116.17(4) (4) Channel improvements.

NR 116.17(4)(a) (a) Channel improvements shall be considered to reduce flooding potential provided the following criteria are met:

NR 116.17(4)(a)1. 1. The channel improvements are designed and constructed in accordance with acceptable standards.

NR 116.17(4)(a)2. 2. Velocities resulting from the channel improvements will not increase downstream erosion.

NR 116.17(4)(a)3. 3. An engineer registered in Wisconsin certifies that the criteria in subds. 1. and 2. are met.

NR 116.17(4)(a)4. 4. The municipality submits a plan detailing how the channel improvements will be maintained.

NR 116.17(4)(a)5. 5. The department reviews and approves the material submitted under subds. 1. to 4.

NR 116.17(4)(a)6. 6. The necessary permits under ch. 30, Stats., are obtained for construction of the channel improvements.

NR 116.17(4)(b) (b) Floodplain areas adjacent to channel improvements approved under par. (a) shall be zoned and regulated in accordance with the reduced regional flood profile provided the channel improvements are maintained in accordance with the plan submitted by the municipality under par. (a) 4.

NR 116.17(4)(c) (c) If the department determines that the channel improvements are not being maintained in accordance with the plan submitted by the municipality under par. (a) 4., the floodplain zoning map shall be amended to reflect existing channel conditions.

NR 116.17(5) (5) New construction of levees, floodwalls or channel improvements. No anticipated changes in the flood protection elevations or floodplain and floodway limits, based upon proposed levees, floodwalls or channel improvements, may be effective until the improvements are constructed, operative and approved by the department.

NR 116.17(6) (6) Agricultural levees.

NR 116.17(6)(a) (a) Municipalities may permit agricultural levees which meet all applicable provisions of this subsection. For purposes of this subsection, an agricultural levee is one constructed to protect agricultural lands from floods that occur on a 10-year frequency or more often.

NR 116.17(6)(b) (b) Agricultural levees shall be designed and constructed so that the levees will overtop upon the occurrence of the 10-year frequency flood.

NR 116.17(6)(c) (c) Increases in flood heights in the area upstream from agricultural levees may not exceed 0.5 foot (15 cm.) for the 10-year frequency flood. No increase is allowed unless the written consent of the affected property owners is obtained prior to construction.

NR 116.17(6)(d) (d) Agricultural levees shall be designed and constructed to be overtopped and to cause no increase in flood elevation during the occurrence of the regional flood.

NR 116.17(6)(e) (e) The municipality’s zoning administrator shall notify the department of the construction of any agricultural levees.

NR 116.17 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.18 NR 116.18 Procedures for changing floodplain, floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain district limits. Municipalities may not change the limits of the floodplain or the floodway, floodfringe, shallow depth flooding, flood storage or the coastal floodplain district without first amending the applicable portions of the water surface profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with s. NR 116.11 and securing department approval for such amendments. No area in the floodplain may be removed from the floodplain unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside the floodplain.

NR 116.18 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.19 NR 116.19 Appointment and duties of zoning administrator, zoning agency and board of adjustment or appeals.

NR 116.19(1) (1) Appointment powers. Municipalities shall provide in their floodplain zoning ordinances for the appointment of appropriate boards and staff, and the development of necessary policies and procedures, to administer the floodplain zoning ordinance in accordance with this section. If a zoning administrator, zoning agency or a board of adjustment or appeals has already been appointed to administer a zoning ordinance adopted under s. 59.69, 59.692 or 62.23 (7), Stats., these officials shall also administer the floodplain zoning ordinance.

NR 116.19(2) (2) Zoning administrator. A zoning administrator and such additional staff as needed shall be appointed and given the duties and powers to:

NR 116.19(2)(a) (a) Advise applicants of the provisions of the floodplain zoning ordinance and provide assistance in preparing permit applications and appeals;

NR 116.19(2)(b) (b) Issue permits and inspect properties for compliance with the floodplain zoning ordinance;

NR 116.19(2)(c) (c) Keep the official records of, and any changes to, all water surface profiles, floodplain zoning maps, floodplain zoning ordinances, nonconforming buildings and nonconforming uses and the official records of all permit applications, permits, appeals, variances and amendments related to the floodplain zoning ordinance;

NR 116.19(2)(d) (d) Submit copies of any required data, special exception permits, variances, amendments, case-by-case analyses, annual reports and any other required information to the department. An annual summary showing only the number and types of zoning actions taken by the municipality shall be submitted to the department by the zoning administrator; and

NR 116.19(2)(e) (e) Investigate, prepare reports and report violations of the floodplain zoning ordinance to the appropriate municipal committee and to the municipal attorney, corporation counsel or district attorney, with copies to the appropriate department district office.

NR 116.19(3) (3) Zoning agency.

NR 116.19(3)(a) (a) A zoning agency shall be appointed and given the duties and powers to:

NR 116.19(3)(a)1. 1. Oversee the functions of the office of the zoning administrator;

NR 116.19(3)(a)2. 2. Review and act upon all proposed amendments to the floodplain zoning ordinance; and

NR 116.19(3)(a)3. 3. Maintain a complete public record of all its proceedings.

NR 116.19(3)(b) (b) In some cases, a zoning agency may act in place of the board of adjustment or appeals, if so designated by the municipality, to hear and decide special exception or conditional use permits. However, a zoning agency cannot act upon requests for a variance.

NR 116.19(4) (4) Board of adjustment or appeals. A board of adjustment, in counties or board of appeals, in cities and villages shall be appointed and given the duties and powers in accordance with ss. 59.694 and 62.23 (7), Stats., to:

NR 116.19(4)(a) (a) Hear and decide appeals where there is an alleged error in any interpretation, order, requirement, decision, or determination made by the zoning administrator in the enforcement or administration of the floodplain zoning ordinance;

NR 116.19(4)(b) (b) Hear and decide all requested special exceptions or conditional uses to the terms of the floodplain zoning ordinance, using the criteria found in s. NR 116.21 (3);

NR 116.19(4)(c) (c) Hear and decide all requested variances to the terms of the floodplain zoning ordinance;

NR 116.19(4)(d) (d) Maintain a complete public record of all its proceedings; and

NR 116.19(4)(e) (e) Make all of its decisions within a reasonable time and in the form of a written statement, resolution or order signed by the secretary. The zoning administrator may not be the secretary of the board of adjustment or appeals.

NR 116.19 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; corrections in (1) and (4) (intro.) were made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547.