NR 116.11(2)(f)1. 1. Any increase in regional flood height shall be approved by the department prior to the rezoning becoming effective. Increases in the regional flood elevation may only be approved by the department if the provisions in sub. (3) are satisfied;

NR 116.11(2)(f)2. 2. The entire shallow depth flooding district shall be rezoned to floodfringe district; and

NR 116.11(2)(f)3. 3. The effect of rezoning the shallow depth flooding district to the floodfringe district shall be calculated by comparing the regional flood profile determined by the hydraulic floodway lines to the regional flood profile determined by assuming that the entire shallow depth flooding district is not available to convey floodflows. Calculations shall conform to the standards contained in s. NR 116.07.

NR 116.11(3) (3) Criteria for redelineation or rezoning floodplain districts.

NR 116.11(3)(a) (a) Initial determinations. Prior to redelineation or rezoning any floodplain district a municipality shall:

NR 116.11(3)(a)1. 1. Assure that the applicable provisions of sub. (2) are met;

NR 116.11(3)(a)2. 2. Require adequate technical data from the applicant or the municipality and submit such data to the department for review and concurrence in the effect of the proposed amendment on the height of the regional flood;

NR 116.11(3)(a)3. 3. Assure that the proposed amendments meet the purpose of s. NR 116.01;

NR 116.11(3)(a)4. 4. Assure that the appropriate legal arrangements have been made with all property owners affected by the increased flood elevations; and

NR 116.11(3)(a)5. 5. Notify all affected municipalities of increased regional flood elevations.

NR 116.11(3)(b) (b) Amendment process. Upon completion of the steps in par. (a), the municipality and any affected municipality shall meet all legal requirements for amending its water surface profiles, floodplain zoning maps and zoning ordinances as established in s. NR 116.21 (6).

NR 116.11(3)(c) (c) Submission to the department for approval. If the municipality amends its official floodplain map, it shall also amend its water surface profiles and floodplain zoning ordinance and submit these amendments to the department for approval pursuant to s. NR 116.21 (6). Prior to department approval, all municipalities affected by the increased regional flood elevation shall amend their water surface profiles, floodplain zoning maps and zoning ordinances to reflect the increased regional flood elevations.

NR 116.11(4) (4) Exception to criteria for redelineating or rezoning floodplain districts. If, as a result of improved data generated by a revised study approved by the department, and not as a result of changes due to encroachments in the floodplain, the hydraulic floodway line is revised landward of the official floodway lines, the municipality may continue to regulate on the basis of the official floodway lines provided the municipality meets all of the requirements of sub. (3), except the requirement of sub. (3) (a) 4.

NR 116.11 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

NR 116.12 NR 116.12 Development standards in floodway areas.

NR 116.12(1) (1) Prohibited uses. Municipalities shall prohibit the following uses in floodway areas:

NR 116.12(1)(a) (a) Except as provided in sub. (2), any development which will cause an obstruction to flood flows or an increase in regional flood discharge or will adversely affect the existing drainage courses or facilities.

NR 116.12(1)(b) (b) A structure is always prohibited in, on or over floodway areas if the structure is:

NR 116.12(1)(b)1. 1. Designed for human habitation;

NR 116.12(1)(b)2. 2. Associated with high flood damage potential; or

NR 116.12(1)(b)3. 3. Not associated with permanent open space uses.

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).