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 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86.
NR 116.12NR 116.12Development 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).
NR 116.12(2)(a)(a) Certain structures which are accessory to permitted open space uses or historical areas, if the structures meet all of the following criteria:
NR 116.12(2)(a)1.1. Are not designed for human habitation;
NR 116.12(2)(a)2.2. Have a low flood damage potential;
NR 116.12(2)(a)3.3. Are associated with an open space use or are functionally dependant on a waterfront location:
NR 116.12 NoteNote: For example, an unloading structure is functionally dependant on a waterfront location to unload boats or barges, but a storage facility is not.
NR 116.12(2)(a)4.4. Except as provided in sub. (3), are to be constructed and placed on the building site so as to offer no obstruction to flood flows;
NR 116.12(2)(a)5.5. Are firmly anchored to prevent them from floating away and restricting bridge openings or other constricted sections of the stream or river; and
NR 116.12(2)(a)6.6. All service facilities, such as electrical and heating equipment, shall be at or above the flood protection elevation for the particular area.
NR 116.12(2)(b)(b) Campgrounds, provided all of the following criteria are met and approval is granted by the department: