Chapter NR 116

NR 116.21 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; corrections in (6) (b) were made under s. 13.93 (2m) (b) 7., Stats., Register July 2001, No. 547; reprinted to restore dropped copy in (4), Register October 2002 No. 562.

NR 116.22 NR 116.22 Department duties.

NR 116.22(1) (1) Assistance to municipalities. The department shall provide assistance to municipalities in the development, adoption and administration of their official floodway lines, water surface profiles, floodplain zoning maps and floodplain zoning ordinances. Such assistance shall include, but not be limited to, the activities described in this subsection.

NR 116.22(1)(a) (a) The department shall establish and upgrade standards for local floodplain zoning ordinances.

NR 116.22(1)(b) (b) When requested by a municipality, the department shall evaluate flood hazards and the effects of proposals in floodplain areas upon water surface profiles, floodway limits and flood velocities as provided in s. NR 116.20 (2) (b). Requests for such evaluations shall come from a municipality, not from individual property owners or applicants. Information needed to conduct the evaluation shall be provided by the applicant or the municipality.

NR 116.22(1)(c) (c) The department shall work with federal agencies to provide technical guidance and computer facilities for certain hydrologic, hydraulic and engineering studies. Generally, the necessary topographic and other base maps and field surveys will be the responsibility of the municipality.

NR 116.22(1)(d) (d) The department shall establish priorities for engineering studies to be done in municipalities by federal agencies.

NR 116.22(1)(e) (e) The department shall respond to the requests from municipalities to provide them assistance in enforcement actions against violations of their floodplain zoning ordinances.

NR 116.22(1)(f) (f) The department shall respond to requests from municipalities for assistance in developing hydraulic and official floodway lines.

NR 116.22(1)(g) (g) The department shall review all studies. No studies may be used until department approval has been secured.

NR 116.22(2) (2) Review and approval of floodplain zoning ordinances. The department shall issue a certificate of approval to a municipality upon a finding that the adopted floodplain zoning ordinance meets the provisions of this chapter. The department review of floodplain zoning ordinances may include, but is not limited to, determinations that:

NR 116.22(2)(a) (a) The most accurate maps were utilized in delineating the floodplains;

NR 116.22(2)(b) (b) All floodplain zoning maps and floodplain zoning ordinances are compatible with all other shoreland regulations, existing zoning and land use plans;

NR 116.22(2)(c) (c) All water surface profiles, floodplain zoning maps and floodplain zoning ordinances are compatible with those of the adjoining municipalities on the same streams or rivers; and

NR 116.22(2)(d) (d) The floodway and floodplain lines shown on the floodplain zoning maps are accurate.

NR 116.22(3) (3) Monitoring. The department shall monitor the administration and enforcement of floodplain zoning ordinances in municipalities. In so doing, the department may:

NR 116.22(3)(a) (a) Establish and upgrade standards for the review and evaluation of the administration and enforcement of floodplain zoning ordinances.

NR 116.22(3)(b) (b) Review and approve or deny proposed amendments to water surface profiles, floodplain zoning maps and floodplain zoning ordinances.

NR 116.22(3)(c) (c) Review floodplain zoning permits and all special exceptions, conditional uses, variances and amendments to floodplain zoning ordinances, to ensure in each instance compliance with the applicable floodplain zoning ordinances and this chapter.

NR 116.22(3)(d) (d) Review state and federal projects to assure that public works proposals in floodplains are compatible with local floodplain zoning ordinances and the provisions of this chapter.

NR 116.22(4) (4) Enforcement. The department shall assist municipalities in achieving a consistent statewide approach to floodplain enforcement. This assistance may include, but is not limited to, the measures listed in this subsection.

NR 116.22(4)(a) (a) The department may request that corrective action be taken by the municipality where construction is occurring in a floodplain area which is either contrary to an existing floodplain zoning ordinance or which would be contrary to an approved floodplain zoning ordinance. Such corrective action may include, where appropriate, the following:

NR 116.22(4)(a)1. 1. Active prosecution of violations of the floodplain zoning ordinance;

NR 116.22(4)(a)2. 2. An injunction to stop construction until an adequate floodplain zoning ordinance can be adopted and approved by the department; and

NR 116.22(4)(a)3. 3. Adoption of an adequate floodplain zoning ordinance and submittal to the appropriate department district office for approval.

NR 116.22(4)(b) (b) The department may seek an injunction to stop construction in the floodplain area until an adequate floodplain zoning ordinance is adopted and approved.

NR 116.22(4)(c) (c) The department may seek an injunction to stop construction in the floodplain area when the construction would violate an approved floodplain zoning ordinance or the provisions of this chapter.

NR 116.22(4)(d) (d) The department may seek adoption of an adequate floodplain zoning ordinance in accordance with the provisions of s. 87.30 (1), Stats., or an upgrading of a floodplain zoning ordinance in accordance with s. NR 116.05.

NR 116.22(4)(e) (e) The department may seek an injunction for abatement or removal or a fine or both for any violation of a floodplain zoning ordinance in accordance with s. 87.30 (2), Stats.

NR 116.22 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.