NR 116.08(3)(a)(a) A dam is considered compliant if all the following requirements are met:
NR 116.08(3)(a)1.1. The dam is structurally adequate to meet the conditions in ss. NR 333.05 (2) (k) and 333.07 (3) (b).
NR 116.08(3)(a)2.2. The dam is hydraulically adequate to meet the standards in s. NR 333.07 (1).
NR 116.08(3)(a)3.3. The dam has been certified by a professional engineer, registered in Wisconsin, to meet the requirements of subds. 1. and 2.
NR 116.08(3)(a)4.4. Written assurance of the dam owner’s ability to operate and maintain the dam in good condition is obtained from the dam owner.
NR 116.08(3)(a)5.5. An emergency action plan to minimize loss of human life has been developed for the area downstream of the dam based on the assumption that the dam fails during the regional flood.
NR 116.08(3)(a)6.6. The department reviews and approves the material submitted under subds. 1. to 5.
NR 116.08(3)(b)(b) Developed areas downstream of compliant dams shall be zoned and regulated as follows:
NR 116.08(3)(b)1.1. For high hazard dams, assuming that the dam is nonexistent during the regional flood.
NR 116.08(3)(b)2.2. For significant or low hazard dams, assuming the dam fails during the regional flood.
NR 116.08(3)(c)(c) Undeveloped areas downstream of a compliant dam shall be zoned and regulated assuming that the dam fails during the regional flood.
NR 116.08(4)(4)Noncompliant dams.
NR 116.08(4)(a)(a) If an existing dam does not meet the standards in sub. (3) (a), the dam is considered noncompliant.
NR 116.08(4)(b)(b) Both developed and undeveloped areas downstream of a noncompliant dam shall be zoned and regulated assuming that dam failure occurs during the regional flood.
NR 116.08(4)(c)(c) The regional flood profile of the area downstream of the dam shall be calculated in accordance with s. NR 333.05 (2) (b).
NR 116.08(5)(5)Construction of new dams.
NR 116.08(5)(a)(a) Dams constructed after August 1, 2001, shall be considered compliant if the requirements in sub. (3) (a) are met.
NR 116.08(5)(b)(b) Developed areas downstream of the construction of a new dam shall be zoned and regulated as if the dam does not exist until construction is 100% complete and all the conditions of sub. (3) (a) are met.
NR 116.08 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; CR 00-136: am. (1), (2), (3) (a) 1. to 5., (b), (c), (4) (a) and (b) and (5) (a), Register July 2001, No. 547 eff. 8-1-01.
NR 116.09NR 116.09Data required to be shown on floodplain zoning maps. Municipalities shall delineate the entire floodplain on their floodplain zoning maps.
NR 116.09(1)(1)If the regional flood profile has been determined, the profile shall be used to develop the floodplain zoning maps which the municipality shall use as the basis for floodplain zoning.
NR 116.09(1)(a)(a) The maps shall show the following:
NR 116.09(1)(a)1.1. The floodway district;
NR 116.09(1)(a)2.2. The floodfringe district;
NR 116.09(1)(a)3.3. The regional flood elevation consistent with the regional flood profile shall be clearly lettered at identifiable positions on the official floodplain zoning maps. If for any reason that elevation is not shown on the maps, the profile shall be attached to and made a part of the maps; and
NR 116.09(1)(a)4.4. Source and date of study.
NR 116.09(1)(b)(b) In addition to the information in par. (a), the floodplain zoning maps shall include the following information, where applicable:
NR 116.09(1)(b)1.1. The shallow depth flooding district.
NR 116.09(1)(b)2.2. The flood storage district.