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Home My WebLink AboutDecember 2025 CSZD packetGRANT COUNTY CONSERVATION SANITATION AND ZONING DEPT 150 West Alona Lane, Suite #1, Lancaster, WI 53813 608/723-6080 Conservation, Sanitation & Zoning Committee THE GRANT COUNTY CONSERVATION, SANITATION AND ZONING COMMITTEE will call the meeting to order on Thursday, December 4, 2025, at 9:00 a.m. in Grant County Board Room #264 in the Administration Building. Please use the following procedures to access the meeting remotel8y. Log into this site: https:HLts02web.Zoom.us 188158557945?pwd=V7Hi-yEj321hdOcXb81 WkORVuoTrOtD.1 Call in number will be 1-312-626-6799, Meeting ID: 881 5855 7945, Passcode 270641. Please use the following procedures to access the meeting remotely. Please contact our office at 608-723-6080 with any questions. Consideration will be given and/or action taken on any or all of the following agenda items: Call to Order Open Meeting Law Roll Call Approval of Agenda Approval ofNovember 6, 2025, Minutes Review and Accept Bills NRCS Report - Mike Adams FSA Report —Emily Schildgen Zoning/Sanitation Report Public Hearing for Rezones #RZ25-19 Austin Bros LLC, Ellenboro Township, FP to A2 of 4.50 ac PIN:014-00560-0000 (pt) Ordinance Update — Outstanding Order for Correction or Citation Flood Plain Ordinance Update Approval BESS Presentation (Battery Energy Storage System) County Cost Sharing - Brady Bartels SWRM Cost Sharing -Brady Bartels FPP Report — Brady Bartels Storage Permit Approval CSZD Report Set Date for Next Meeting Adjourn ........................................................................................ PUBLIC HEARING ORDER 3. Public 4. Applicant's Rebuttal Statement 5. Committee Discussion 1. Zoning Office Statement -In Favor 6. Close Hearing 2. Applicant's Statement -In Opposition 7. Recommendation to County Board -In Interest COMMITTEE MEETING November 6, 2025 9:00 a.m. Room #264, Grant County Board Room, Administration Building Lancaster, Wisconsin The Grant County Conservation, Sanitation & Zoning Committee meeting was called to order on November 6, 2025, at 9:00 a.m. by Joe Mumm, the Conservation, Sanitation, Zoning Committee Chairman in Room #264, County Board Room of the Administration Building. Board members present in the County Board room #264: Joseph Mumm, Larry Jerrett, Pat Schroeder, Gary Northouse, and Roger Lange. Brian Lucey, Excused. Others present in the County Board room; Annette Lolwing, Keith Lane, Lucas Finley, Brady Bartels, Adam Reed, Nate Dreckman, Robert Keeney, Jasmine Wyant, and Greg Cerven. Zoom: County Board Room, Robert Keeney, Tonya White, Shane Drinkwater, and Keith Lane. Certification of Open Meeting Law Annette Lolwing sent the agenda to the County Clerk's office to post in the Administration Building, Courthouse, and on the County website. An agenda was also posted in front of the Ag Service Center Building. An agenda was also sent to Bob Middendorf, WGLR. Media notices were sent to the County Clerk's office, Herald Independent, Muscoda Progressive, Boscobel Dial, Fennimore Times, and Bob Middendorf. Approval of November 6, 2025, Agenda Motion by Gary Northouse, seconded by Roger Lange to approve the agenda. Motion carried. Approval of October 2, 2025, Minutes Motion by Pat Schroeder, seconded by Gary Northouse to approve the October 2, 2025, minutes. Motion carried. Review & Accept the October Bills Motion by Pat Schroeder, seconded by Gary Northouse, to accept the October bills. Motion carried. NRCS Report —Mike Adams No Report — NRCS is on Furlough. FSA Report —Emily Schildgen Keith Lane reported that the office has 2 staff members in office and is open from 8:00 to 4:30 Monday -Friday. Zoning/Sanitation Report Keith presented the Zoning/Sanitation report. Sanitation permits: For the month of October 2024, there were 21 sanitary permits issued. There were 119 sanitary permits issued year to date. For the month of October 2025, were 17 sanitary permits issued. Year to date there were 118. Zoning permits: For the month of October 2024, there were 29 zoning permits issued. There were 224 zoning permits issued year-to-date. For the month of October 2025, there were 14 zoning permits issued. There were 260 zoning permits issued year to date. Public Hearine for Rezones Chairman Mumm opened the Public Hearing RZ25-18 Matthew R H Lenz, Ellenboro Twp., is requesting to change the zoning classification on PIN:014- 00094-0000 and 014-00097-0000 +/- 1.22 ac. From FP to R3 for a mobile home park. In Favor: Ellenboro Twp. approved on October 1, 2025. In Opposition: None In Interest: None Applicant Rebuttal: None Committee Discussion: Roger Lange asked how many units are allowed on this property? Lucas Finley stated that there can be up to 5 units. Chairman Mumm closed the Public Hearing Motion by Pat Schroeder that the items are concurrent with all the conditions on the Farmland Preservation Worksheet and to recommend approval of the rezone to the full County Board, seconded by Gary Northouse. Motion carried. See Attachment A Worksheet. Public Hearing for Conditional Use Permits Chairman Mumm opened the Public Hearing #CUP25-013 Matthew R H Lenz, Ellenboro Twp. is requesting a Conditional Use Permit on PIN:014-00094- 0000 & 014-00097-0000 +/- 1.22 ac. to allow for a Mobile Home Park under Section 3.10(2)(e) of the Grant County Comprehensive Zoning Ordinance. Applicant's Statement: None In Favor: Ellenboro Twp. approved on October 1, 2025. In Opposition: None In Interest: No conditions were placed on #CUP25-013 Applicant's rebuttal: None Committee Discussion: Joe Mumm asked what conditions could be placed on this CUP, the mobile home park? Robert Keeney stated that through a county aspect would be the restrictions on driveways. Chairman Mumm closed the Public Hearing. Motion by Gary Northouse to recommend approval of the Conditional Use Permit, seconded by Roger Lange. Motion carried. See Attachment B Worksheet. WDACP 2026 Budget- Greg Cerven Greg presented the 2026 WDACP budget of $23,802.00. Motion be Gary Northouse, seconded by Pat Schroeder to approve the 2026 WDACP budget. Motion carried. WDACP - Set 80% Harvest Date - Greg Cerven The 80% Harvest Date deadline for all crops harvested in Grant County was set for November 6, 2025. Motion by Pat Schroeder, seconded by Gary Northouse. Motion carried. WDACP - Set Commodity Prices - Greg Cerven Commodity prices that were set for 2025 WDACP: Corn set at $3.99/bu., Soybeans set at $10.18/bu., Alfalfa hay set at $180/ton, Organic corn set at $7.51/bu., and Organic Hay was set at $194.30/ton. Motion by Pat Schroeder, seconded by Gary Northouse to approve the 2025 commodity prices. Motion carried. WDACP - Deer Donation - Greg Cerven Greg reported that the Fennimore Butcher Shop will be accepting deer for the Deer Donation Program again this year. They are equipped to accept 50 deer this year. WDACP - Service Contract Between Greg Cerven and Grant County - Greg Cerven Greg presented a service contract between himself and Grant County for the next 5 years. Motion by Gary Northouse, seconded by Larry Jerrett to approve the service contract. Motion carried. WDACP — Plan of Administration with WI DNR' — Greg Cerven Greg also presented the Plan of Administration with WI DNR for the next 5 years with Grant County. Motion by Larry Jerrett, seconded by Roger Lange to approve the Wisconsin Wildlife Damage Program Plan of Administration. Motion carried. Upper Sugar River Watershed Association — Jasmine Wyant Jasmine gave a presentation of what the Upper Sugar Watershed has been doing in Grant County in 2025. Motion by Gary Northouse, seconded by Roger Lange to approve the Cooperative Agreement for Grant County Calendar Year 2026 and to sign the application form for Upper Sugar to ask DNR for funding. Motion carried. CSZD Jeep Keith mentioned that the jeep has some ongoing transmission issues. Keith was instructed that he could sell the 2015 Jeep Patriot. Project Documentation Submitted to CSZD — Policy Change — Keith mentioned that the department will be going paperless with the zoning inspections, zoning permits, zoning inspections, and sanitation inspections. Website Migration — Keith mentioned that the new website migration should go live around November 12'n We will have our own web page and content. County Cost Sharing: Beginning Balance $26,419.27 / Ending Balance $22,225.39 Brady presented a final approval request for county cost sharing for cover crop for Tim & Cathy Miller, Mt. Ida Twp., $600.00. Motion by Pat Schroeder, seconded by Gary Northouse to approve the Miller's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried. Brady presented a final approval request for county cost sharing for cover crop for Scott & Carolyn Runde, Hazel Green Twp., $1,000.00. Motion by Gary Northouse, seconded by Larry Jerrett to approve the Runde's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried. Brady presented a final approval request for county cost sharing for a well decommissioning project for Mitchell & Kay Iverson, Platteville Twp., $593.88. Motion by Roger Lange, seconded by Pat Schroeder to approve Iverson's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried. Brady presented a final approval request for county cost sharing for cover crop for Lane Valley View Farm LLC, Little Grant Twp., $1,000.00. Motion by Gary Northouse, seconded by Roger Lange, to approve Lane Valley View Farm LLC's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried Brady presented tentative approval request for county cost sharing for a well decommissioning for Rhonda Ackerman, Mt. Ida Twp., $1,000.00. Motion by Pat Schroeder, seconded by Gary Northouse to approve Rhonda's request. Motion carried 2024 DATCP Cost -Sharing Requests: Beginning Balance $37,689.04 / Ending Balance $17,189.04 Brady presented a final approval request for 2024 DATCP cost sharing for a stream crossing for Nick & Jessica Leibfried, Harrison Twp., $20,500.00. Motion by Gary Northouse, seconded by Larry Jerrett to approve the Leibfried's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried. 2025 DATCP Cost -Sharing Requests: Beginning Balance $31,647.18/ Ending Balance $49,272.62 Brady presented tentative approval request for 2025 DATCP cost sharing for a stream crossing for Herman Maier, Fennimore Twp., $5,646.20. Motion by Gary Northouse, seconded by Roger Lange to approve Herman's request. Motion carried Brady presented a final approval request for 2025 DATCP cost sharing for 2 stream crossings and access roads for Laura Daniels, Wingville Twp., $8,242.50. Motion by Pat Schroeder, seconded by Roger Lange to approve Laura's payment. Roll Call: 5 Yes, 0 No, 1 Excused. Motion carried. FPP Report - Brady Bartels Nothing to report. Storage Permit Approval - Brady Bartels Nothing to report. CSZD Report Conservation: November overview... Keith went through a few of the highlights from the November overview notes that were handed out. 1. Keith reported that Steve Smith is out on 3 more FPP Spot Checks. This leaves 3 individuals that he has tried to contact but has heard nothing from them. 2. Producers that need assistance with updating their NMP, there will be a Snap 2/3 training with Kory Stalsberg, SWTC, that will be starting on November 7`h. Our staff will be assisting with the training. 3. Annette, Brady & Keith attended the SAA meeting in Madison. 4. There is a Nitrogen Optimization workshop in Darlington, November 19`h from 9:00 to noon. Zoning: 1. Adam Reed has completed site visits for 17 post -construction sites from 2024 2. The CSZD office has had contact with the Whitetail Wind Energy Project regarding the Conditional Use Permits and other permits that were signed. They do need an updated zoning permit. 3. ATC is replacing a pole on the North side of Hwy 18 right across from the Bridgeport boat launch. The original pole was placed on an island, and the island is no longer there. 4. Keith supplied the Southwest Regional Planning Non-metallic mining field quarry review report. 5. Keith reported that the Remington Fields LLC, dog kennel site, has moved into citation. 6. Keith would like to see that if an individual has an outstanding violation within our department that they will not be allowed to receive any additional permits until the Order for Correction has been taken care of. Sanitation: 1. Keith has been out with Jim a lot the last couple of weeks going over reviews on installs. Keith would like to get his POWTS permit obtained this winter. 2. There are 5 of our long-term offenders that have come off the list. 3. There were approximately 300 late 3-year maintenance forms sent out. They have a deadline of January 9`h to get their systems inspected, otherwise they move into citation. 4. The Army Corps approved 3 individuals down along the river permission to get their septic system installed. The next meeting is scheduled for December 4, 2025, at 9:00 a.m. in the County Board room. Motion by Gary Northouse, seconded by Pat Schroeder to adjourn the meeting at 10:29 a.m. Motion carried. Respectfully Submitted by Annette Lolwing Attachment A Worksheet Review of Standards for Rezoning Land out of Farmland Preservation Date: I Landowner: _ The Grant County Board may not rezone land out of a farmland preservation zoning district unless the Grant County Zoning and Sanitation Committee finds all of the following in writing, after public hearing, as part of the official record of the rezoning: 1. The rezoned land is better suited for a use not allowed In the farmland preservation zoning district. Yes or No Explain: V Qc. iA ?r,^ �#X,',6 1 2. The rezoning is consistent with any comprehensive plan, adopted by the Grant County Board which Is In effect at the time of the rezoning. Yes or No or 1 N/A Explain: 1 l �y t 1.'�� a�.� �GL Q�e Y r1Y1bu� �p �1Pr c1 S►,4k, (rvk & 3. The rezoning Is"sCtfstantr'hlly consistent with the Grant County farmland preservation plan policy. 3.1: Non- farm development will be directed to non-agricultural soils or less productive agricultural soils, consistent with the needs of the development. ` No 3.2 Non -farm development will be directed to areas where it will cause minimum disruption of established farm operations or damage to environmentally sensitive areas. V No 3.3 Non -farm development will be encourajetLto locate so as to leave a maximum amount of farmland in farmable size parcels. es No 3.4 Non -farm residential development will be directed to existing platted subdivisions and sanitary districts. ® No 3.5 Agriculturally -related development, while not discouraged in rural areas, will still comply with other policies set forth in this section, consistent with being located where it will be a maximum benefit to agriculture. <RsNo 4 The rezoning will not substantially Impair or limit current or future agricultural use of other protected farmland. 4.1 Located in a Farmland preservation zoning district 4.2 Covered by a Farmland Preservation Agreement 4.3 Covered by an agricultural conservation easement 4.4 Otherwise legally protected from nonagricultural development Yes or No Explain:© a(A*S in �' 'r&ZDr4. av-c 66j a5 �!`i+Nu �QrM1fAfV� S The CSZC commends oes not recommend approval to the Grant County Board of Supervisors (orde one) Attachment B Worksheet BEFORE GRANT COUNTY CONSERVATION, SANITATION AND ZONING DEPARTMENT CONDITIONAL USE PERMIT FOR MATTHEW R H LENZ PIN# 014-00094-0000 & 014-00097-0000, ELLENBORO TOWNSHIP, GRANT COUNTY, WI FINDINGS OF FACT The agency finds that: 1. Matthew Lenz owns property located within the SW rt of the NE % of Section S, Township 4 North, Range 2 West, Ellenboro Township, Grant County, WI. Such property consists of tax parcel numbers PIN:014-00094-0000 & PIN:014-00097.0000 2. On July 3111, 2025, the Conservation, Sanitation and Zoning Department (CSZD) discussed the permitting required for a mobile home park on PIN: 014-00094-0000 & 014-00097-0000 which Included obtaining a Rezone and Conditional Use Permit since the current FP zoning does not allow for mobile home parks. 3. On October 1", 2025, the Ellenboro Township Town Board recommended approval for the CUP. 3 were in favor, 0 opposed, and 0 abstained. No conditions were placed by the Town Board on the permit. 4. On September 24"', 2025, the Conservation, Sanitation and Zoning Department (CSZD) received a completed Rezone application and Conditional Use Permit application to allow for a mobile home park under 3.10 (2) (e) of the Grant County Comprehensive Zoning Ordinance. 5. On October 231 and October 30"', 2025, a public notice was published in the County's official newspaper for the CUP request. 6. On November 61", 2025, the CSZC reviewed the CUP request through a public hearing and determined the findings of fact to approve or deny the CUP application. FINDINGS OF FACT AND CONCLUSSION The CSZC (hereinafter referred to as the agency) has the authority pursuant to the Grant County Comprehensive Zoning Ordinance Ch. 315 Subsection 3.27 (5) to issue or deny conditional use permits. Prior to granting or denying a conditional use, the agency shall make a findings of fact based on evidence presented, issue a determination whether the standards of the ordinance are met, and require additional conditions, as needed. Based upon the above findings and information provided at the public hearing, the CSZD finds that the conditional use does or does not meet the following criteria: 2. The agency under Ch. 315 Subsection 3.27 (5) (c) shall consider the following criteria: (1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; (2) That the conditional use will not be injurious to the use and enjoyment of other property in the Immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood; (3) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; (4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided; (5) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; (6) That adequate prevention and control of water pollution including sedimentation are being provided; (7) That adequate measures will be taken to sustain existing topographic and drainage features and vegetation cover on the site; (8) That adequate location of the site with respect to flood plains and floodways of bodies of water, (9) That adequate consideration of erosion potential of the site based upon degree and direction of slope, soil type and vegetation cover; (10) That location factors are considered which address: (a) Domestic uses shall be generally preferred; (b) Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source; and (c) Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase the possibility. (11) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Conservation, Sanitation & Zoning Committee; and (12) In the case of nonmetallic mining, the Conservation, Sanitation, & Zoning Committee shall also consider any reclamation plan submitted for the property and the reclamation plan's provisions for maintaining lateral support and for depth of the quarry pursuant to the standards set forth in Wisconsin Administration code Chapter NR 136. 2025 Grant County CSZD Accounts Payable--NOVEMBER Vendor Account# Description Credits Debits Fees - NMM 10062001 443014 $0.00 Fees - Maintenance 10062002 443020 $5,750.00 Fees - Sanitary Permits 10062002 443010 $1,500.00 Fees - Sanitation/State & DNR 80100000 242940 $500.00 Fees - Misc 10062002 468200 $800.00 Fees - Zoning 10062002 443012 $4,110.00 Access Systems Leasing 10062001 581001 Copier Lease -Sharp GFC Leasing 10062001 581001 Copier Lease -Canon Greg Cerven 10062003 521000 Service/Salary $1,000.00 Greg Cerven 10062003 531000 Office Supplies $37.50 Greg Cerven 10062003 533000 Mileage $91.54 Lancaster Ag Ofc Bldg LLC 10062001 553050 Building Lease $2,649.28 Morris Newspaper 10062002 532001 Public Notice $219.40 US Cellular 10062001 522004 Brady, Steve US Cellular 10062002 522004 Jim, Lucas, Adam USPS Meter 10062001 531001 CSV Admin Postage $140.44 USPS Meter 10062002 531001 S/Z Admin Postage $226.44 Kwik Trip Rewards 10062001 535001 CSV Fleet Fuel $247.66 Kwik Trip Rewards 10062002 535001 S/Z Fleet Fuel $385.50 State of Wisconsin 10062001 435800 DATCP-Vosbergs Wiencek $25,323.22 Amazon 10062001 531000 Calendars, Planners $112.46 Amazon 10062002 531000 Calendars, Planners $95.49 Card Member Svcs 10062002 531001 Postage--Endicia $309.99 Card Member Svcs 10062001 531000 Folders, Postits,File Cards, Pens $232.88 Card Member Svcs 10062002 533006 JWCCA Conf-keith lucas jim adam $490.00 Card Member Svcs 10062001 524002 Car Washes $195.00 Tandem Tire 10062002 524002 Explorer --oil chg, air filter $87.61 Laura Daniels 10062001 575002 SWRM CS-STREAMBANK $8,242.50 Keith Lane 10062001 575001 CNTY CS--COV CROP $1,000.00 DSPS FISCAL 80100000 2429440 13RD QTR STATE/DNR $3,400.00 Mitchell Iverson 10062001 575001 ICOUNTY C/S--WELL DECOMM $593.88 Scott Runde 10062001 575001 CNTY CS--COV CROP $1,000.00 Tim Miller 10062001 575001 CNTY CS--COV CROP $600.00 Nick Leibfried 10062001 575001 SWRM CS-STREAMBANK $20,500.00 ADAM REED 10062002 533005 WCCA LUNCH $10.00 WDATCP 10062001 539000 TREE SALE LICENSE $50.00 Keith Lane 10062002 533005 WCCA LUNCH $10.00 Subtotal $37,983.22 $41,927.57 Totals ($3,944.35) CSZC Initials: Approved by CSZC on: TWS w' uu v- 0m Wow of 4 C NET L i STD c-A tk -qE pND\- ' N'- t T IPr-)yyS FRoAA K- f\-Ccockr,�i Fr z D V H z I u W a V W 2 U m z H J c.i W V N O d' N N O N N N G W H z 2 a Lf) N O N O M r Ig, L2 D O Q w U O > z _0 H a U rn Ul ❑ H U W m 0 H z O U U Q z 0 F n. 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Z N a Z N L) N y J � o w Y u w U W o � e O ? w� U U) LL w w m � i d c ' a` W f Q z o I o z w a' U � Q a N � co � c N G~ f0 U Lf) LU O c O U d N X N Y O 04 U N L LU 0 W N L � Z W Q � N N C3 N LL O N W Q IL 2 IL N co 7t Lo N O N N N dY ;r+ Y V d Z V ,v =) a ZONING / SANITATION REPORT JANUARY 1, 2024 - NOVEMBER 30, 2024 BOA/VARIANCE (100-62-461 5,600.00 Class I Collocation Mobile Tower Permit (100-62-461070)�-` 1 ^_---��--y 3,000.00 1 Class II Collocation Mobile Tower Permit (100_62-461070) _ CONDITIONAL PERMIT (100-62-461979) _ 7 , _ 6� _ _ _ 3,500.00 r 1, 800 .00 7 6 DNR (801-242940) _ - _ 125 3, 12_5.00_ 125 Floodplain Zoning Permit (100-62-461070) 2 ~W� _ _ ��-300.00 _ 2 Limited Use Agreement Fee (100-62-461071) ~ ~_ 1 _ y 100.00 ~ 1 MAINT & LATE FEE (100-_62-443010) ~_ 123 MAINTENANCE FEE (100-62-443010) ^ -+ 2509�JY 62, 775.00y��LLw2, 509 Modification (100-62-461071) 6^ 600.00 6 Navigability Determination (100-62-461070_) 1 ✓�� 250.00 ~ 1 PERMIT EXTENSION (100-62-461070)r 6- - —"`- 150.00 y 6 PERMIT REVISION (100-62-461070)� -�� 4 100.00 -�� PRIVY (100-62-461071) J 1 400.0_0 REC PLAN PUBLIC NOTICE (100-62-461070) _ _ 1 _ _ 300.00 _1 RECONNECTION FEE (100-62-461071) 23 4,200.00 23 REN/TRANS/REVISION (100-62-461071)-�- 9 ___ _� 550.00_ wW_ 9 REZONE (100-62-461070) _ SANITARY PERMIT (100-62-443000) -� _2_3 126_�,.. �_ 9,200.00 �Jv 37, 500.00 23 � 126 Shoreland Zoning Permit (100-62-461070) WW 26�� _ _ �^ 2, 800.00~� 26 _� _ Soil/Site Evaluation (100.62-461071) _�_� � w 12, 100`00 121 STATE FEE (801-24294_0) �121� 9,375.00 125 ZONING PERMIT (100-62-461070) �..125� 197 53, 081.8 6 197 , Tw - FEE TOTALS 222, 581.86 3,450 JANUARY 1, 2025 - NOVEMBER 30, 2025 ADM FEE-WF (100-62-461069)- _ - _- ,_ 11 1,100. 0_0 11 BOAIVARIANCE (100-62-46ID70) - 4, 000.00 5 Class II Collocation Mobile Towef.Perrhit (100-62-461070) 16 8,000.00 V� __ 16 CONDITIONAL PERMIT (100-62-461070) _ �12 r 3,600.00 12 DNR(801-242940) r118____r 2,950.00 118 Floodplain Zoning Permit (100-62-_461070) ^� y 2 " " 300.00 J Gravity At -Grade Review (100-62-461071) _ ^� r 22 3,000.00 _2 12 Limited Use Agreement Fee (100-_62-461071)` _ 1 - " .�. "�100.00 1 MAINT & LATE FEE (.100-62-443010) 114 - W�y M - 10, 725.00 114 MAINTENANCE FEE (100-62-_443010)-� ~i323 58, 230.00 2, 323 Modification (100-62-461071) _ _ _-" _ 12 1, 200.00 12 PERMIT EXTENSION (100-62-461070) _ _ 2 - 50.00 2 _ PERMIT REVISION (100-62-4_61070) ^ 3 75.00 3 RECONNECTION FEE (100-62-461071) 15 �� -�y 2, FxbO.00 15 REN/TRANS/REVISION (100-62-461071)� i� -- - --- - --850.00 REZONE (100-62-461070) ,_� -(100-62-443000F ___..~V 18 7,200.00 16 V 18 SANITARY PERMIT Y w 119~ 35, 600.00 119 Shoreland Zoning Permit (100-62-461070) 25 2, 500.00 25 Soil/Site Evaluation (100-62-461071) _�_ 118 11, 800.00 STATE FEE (801-242940) _ __ _ _ - -118 8,850.00 uy _118 118 TRANSFER UNIT-R_V (100-62-461071) _ W - r� r 2 i~' �` �_ "�-` " 2"7 5 0.0 0 11 ZONING PERMIT (100-62-461070)--� �219 61, 881.02 y 219 FEE TOTALS 227, 1.02 3,290 — NOTICE OF PUBLIC HEARING BEFORE THE GRANT COUNTY CONSERVATION, SANITATION & ZONING COMMITTEE NOTICE IS HEREBY GIVEN that a public hearing will be held on Thursday, December 4, 2025 at 9:00 a.m. in Grant County Board Room #264 in the Administration Building, 111 S Jefferson St., Lancaster, WI 53813 to consider the following items. If you are interested in reviewing the detailed land descriptions, please contact the Grant County Conservation, Sanitation & Zoning Dept. (608) 723-6080. If you would like to provide written comment for the committee members, it must be submitted to our department five business days prior to the public hearing. If you would like to participate in the meeting but can't attend in person, please utilize the following Zoom link or dial -in info: https://us02web.zoom.us/j/88158557945?pwd=V7HryEi32[hdOcXb81 Wk0RVuoTr0tD.1 Dial In: 1312 626 6799 Meeting ID: 8815855 7945 Passcode: 270641 PETITION #RZ25-19: Rezone Request for Austin Bros LLC, PIN:014-00560-0000 (pt) to change the zoning classification from Farmland Preservation (FP) to Agricultural 2 (A2) for a non -farm residence. This is for ± 4.50 ac located in the NW % of the SW % of Section 26, T4N, R2W in Ellenboro Township. Lucas Finley, Zoning & Sanitation Technician Conservation, Sanitation & Zoning Dept. Published: 11/20/25 and 11/27/25 coO r r N Q y 0 L V W c C C O O U U O O co U) LL LL L _ a C/) cM N cv O O 00 ` C J U o o O cv U c (7 L E U O Denial of permit for outstanding violations or orders No permit shall be issued to any person, firm, or corporation who or which is in violation of or has an outstanding order for correction in relation to any ordinance administered by the Grant County Conservation, Sanitation, or Zoning Departments until such violation and/or order for correction has been corrected and/or dismissed, unless the issuance of such permit will result in compliance being achieved. Key for editing: • Yellow highlights are places where the ordinance needs to be filled in with community specific information Adoption schedule tracking 1 Date of Public Hearing a (Requires a Class 2 Hearing Notice of Publication or Posting) 2 Date of Adoption. 3 Dates of Publication or Posting a (Second/last date must be at least 7 days before hearing, see definition, Ch 985 Stats) 4 Date of Publication or Posting of Notice of Enacted Ordinance: STATUTORY APPROVAL REQUIREMENTS The public hearing notice must be published for 2 consecutive weeks, THE SECOND TIME AT LEAST 7 DAYS BEFORE THE HEARING, to meet statutory notice requirements to legally adopt any floodplain zoning ordinance or amendment. The community must also furnish a certified copy of the ordinance and proof of publication or posting of the amended ordinance. There are places in this document where blanks must be completed. After filling in those blanks (and putting in proper map references), publishing a Class 2 public hearing notice, and conducting the hearing, this document may be adopted by the municipality's governing body. This model ordinance includes both the minimum regulatory standards required in ch. NR 116, Wis. Admin. Code, and those of the National Flood Insurance Program 44 CFR 59-72. Section 87.30(1)(b), Stats., permits a county, city, village, or town to adopt a floodplain zoning ordinance that is more restrictive than the provisions required by the State, but not less restrictive If a municipality desires to adopt higher standards, we recommend crafting the language and asking DNR to review to confirm that the higher standard language meet exceed state and federal minimums. • For municipalities that are required to update their floodplain zoning ordinance as part of a FEMA floodplain map update, please submit the updated ordinance to the DNR central office floodplain zoning specialist 3 to 4 months before the federal deadline. • For municipalities that are updating their floodplain zoning ordinance for reasons OTHER than a FEMA floodplain map update please submit the proposed ordinance to the DNR central office floodplain zoning specialist for review at least 30 days before the public hearing to determine whether it meets all minimum standards. Please submit your draft ordinance electronically. If you have made any changes to the model ordinance, please note the location of those changes in the draft. After public hearing and adoption, it is an added expense for the municipality to change unacceptable ordinance language No floodplain zoning ordinance amendment is effective until officially approved by DNR. All amendments are submitted to the Federal Emergency Management Agency by the DNR on behalf of the municipality Model ordinances and FEMA flood insurance maps are periodically revised Contact the DNR before public hearing or adoption to assure you are using the most recent and accurate map and ordinance text available. A handbook entitled The Floodplain-Shoreland Management Guidebook has been developed and distributed to all counties, cities and villages with floodplain or shoreland zoning ordinances Look for publication in your municipal zoning office for answers to many questions about floodplain, wetland and shoreland zoning, dam safety, and the NFIP. The Guidebook is also available for download on the DNR website. If possible, please submit your draft ordinance electronically. If you have made any changes to the model ordinance, please note the location of the changes in the draft. After all updates are done, you will need to update the table of contents. Because this is a linked function within document, the page references will update automatically when you tell it to do so: 1. Click anywhere in the table of contents so that gray shows up behind the words. I. GENERA INFORMATION.. A. TfONGRiVOWOFDWA -., . . B, KEYJIERSONNWRESg_ONSIBICiTJEB.eM,.,...„......,,.,..„,,...,m,..,,. A ROUTINE INSPECTIONS........».._.................................................. . 2. Right click anywhere in the table of contents so that a window pops up- Select "Update Field" A OEVJO n OERW ..� ._-4 4L, MYrErZOMar&M- N8tl L'. - __ -- . arrauTm--- 3. Select "Update entire table" so that both the headings and page numbers update. If you changed heading names you may notice that some of the headings will not be capitalized correctly — you will need to find them in the document for formatting and then repeat steps 1-3. Update Table of Contents T X Word is updating the table of contents. Select one of the following options! Q Update gage numbers only OK Cancel If you make further changes (like deleting this page) and just need to update the page numbers, repeat steps 1-3 this time, you can select "Update page numbers only". TABLE OF CONTENTS 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS....................................................................................................................6 1.1 STATUTORY AUTHORIZATION.........................................................................................................6 1.2 FINDING OF FACT.................................................................................................................................6 1.3 STATEMENT OF PURPOSE..................................................................................................................6 1.4 TITLE....................................................................................................................................................... 6 1.5 GENERAL PROVISIONS........................................................................................................................6 (1) AREAS TO BE REGULATED..................................................................................................6 (2) OFFICIAL MAPS & REVISIONS.............................................................................................6 (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS...............................................8 (4) LOCATING FLOODPLAIN BOUNDARIES............................................................................8 (5) REMOVAL OF LANDS FROM FLOODPLAIN ......................................................................8 (6) COMPLIANCE...........................................................................................................................9 (7) MUNICIPALITIES AND STATE AGENCIES REGULATED................................................9 (8) ABROGATION AND GREATER RESTRICTIONS.............................................................. 10 (9) INTERPRETATION........................................................................................................10 (10) WARNING AND DISCLAIMER OF LIABILITY......................................................... 10 (11) SEVERABILITY.............................................................................................................10 (12) ANNEXED AREAS FOR CITIES AND VILLAGES ..................................................... 10 2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS ............................................ 10 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES............................................................................... 11 2.2 WATERCOURSE ALTERATIONS...................................................................................................... 11 2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT.................................................................... 11 2.4 PUBLIC OR PRIVATE CAMPGROUNDS..................................................................................12 2.5= .................................................13 3.0 FLOODWAY DISTRICT(FW)................................................................................................................... 18 3.1 APPLICABILITY...................................................................................................................................19 3.2 PERMITTED USES....................................................................................................................... 19 3.3 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY............................................................19 3.4 PROHIBITED USES..............................................................................................................................21 4.0 FLOODFRINGE DISTRICT(FF)................................................................................................................22 4.1 APPLICABILITY...........................................................................................................................22 4.2 PERMITTED USES.......................................................................................................................22 4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE.......................................................22 5.0 OTHER FLOODPLAIN DISTRICTS...................................................................................................................24 5.1 GENERAL FLOODPLAIN DISTRICT (GFP) ......................................................................................24 5.2.................................................... 26 5.3..................................... 26 6.0 NONCONFORMING USES........................................................................................................................29 6.1 GENERAL..............................................................................................................................................29 6.2 FLOODWAY DISTRICT...............................................................................................................34 6.3 FLOODFRINGE DISTRICT..................................................................................................................34 .................. 35 .................. 35 7.0 ADMINISTRATION............................................................................................................................................35 7.1 ZONING ADMINISTRATOR.......................................................................................................35 7.2 ZONING AGENCY................................................................................................................................40 7.3 BOARD OF ADJUSTMENT/APPEALS.......................................................................................41 7.4 TO REVIEW APPEALS OF PERMIT DENIALS.................................................................................43 7.5 FLOODPROOFING STANDARDS..............................................................................................44 7.6 PUBLIC INFORMATION.............................................................................................................45 8.0 AMENDMENTS............................................................ 8.1 GENERAL........................................................ 9.0 ENFORCEMENT AND PENALTIES ........................... 10.0 DEFINITIONS ............................ ............................................................. 45 .............................................................. 45 ............................................................... 46 ............................................................... 46 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS 1.1 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23. for villages and cities; s. 59 69, s 59.692, and s 59 694 for counties and the requirements in s. 87.30, Stats. 1.2 FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base. 1.3 STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to: (1) Protect life, health and property; (2) Minimize expenditures of public funds for flood control projects; (3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (4) Minimize business interruptions and other economic disruptions; (5) Minimize damage to public facilities in the floodplain; (6) Minimize the occurrence of future flood blight areas in the floodplain; (7) Discourage the victimization of unwary land and homebuyers; (8) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 1.4 TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for , Wisconsin 1.5 GENERAL PROVISIONS (1) AREAS TO BE REGULATED This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, Al-30. AE, on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable. (2) OFFICIAL MAPS & REVISIONS S ecial Flood Hazard Areas (SFHA) are designated as zones A, Al-30, AE, AH, AO, DEEM M on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd (a) below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the (municipal officer), (municipal name). (a) 1 Flood Insurance Rate Map (FIRM), panel number (fill in all community panel numbers here), dated (fill in map date(s) here). 2 (Repeat text above as necessary for each county, or each community - specific FIRM onto which any portion of the community's corporate limits extend) 3 Flood Insurance Study (FIS) for (fill in name of county) here, dated (fill in FIS date here). 4 (Repeat text above as necessary for each county, or each community - specific FIS summarizing data for a FIRM onto which the community's corporate limits extend) 5 (If applicable) Flood Hazard Boundary Map (FHBM) panel number (fill in community panel number here), dated (fill in map date here). 6 (if applicable) Letter of Map Revision (case number and effective date). 7. (If applicable) Conditional Letter of Map Change (case number and issue date) Approved by: The DNR and FEMA (b) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. (The following are examples of other types of maps you may need to adopt) 1. (Name of Dam) Dam Failure analysis approved by the Department of Natural Resources on (Insert DFA approval date), including: i Map dated (Insert date as shown on the map) and titled ("Insert map title"). (If necessary, indicate which boundary to use and/or start and end stations of the regulatory profile). ii Floodway data table dated (Insert date as shown on the table) and titled ("Insert floodway data table title") If necessary, indicate what column (table if more than one included) to use and start and end stations of the regulatory profile. iii Flood profiles dated (Insert date as shown on the flood profiles) and titled ("Insert flood profiles title and if necessary, indicate which profile to use and start and end stations of the regulatory profile") Floodplain study for (Name of Waterway) completed by (name of person or consulting firm) and approved by the Department of Natural Resources on (approval date) i Map dated (Insert date as shown on the map) and titled ("Insert map title") (If necessary, indicate which boundary to use and/or start and end stations of the regulatory profile) ii Floodway data table dated (Insert date as shown on the table) and titled ('Insert floodway data table title') If necessary, indicate what column (table if more than one included) to use and start and end stations of the regulatory profile. iii Flood profiles dated (Insert date as shown on the flood profiles) and titled ("Insert flood profiles title and if necessary, indicate which profile to use and start and end stations of the regulatory profile") p. -- ^r•_�r, �.r ter' �r_•, - 4. (Identify any other studies approved by local community and DNR.) (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The flood hazard areas regulated by this ordinance are divided into districts as follows a) The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to s. 5.1(5). b) The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to s. 5.1(5), within A Zones shown on the FIRM. c) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM e) (4) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between the exterior boundaries of zones A11-30, AE. AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd (a) or (b) below. If a significant difference exists, the map shall be amended according to s. 8 0 Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required The zoning administrator shall be responsible for documenting actual pre -development field conditions and the basis upon which the district boundary was determined Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to s 7.3(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. 8.0 Amendments a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. b) Where flood profiles do not exist for projects, including any boundary of zone A, A0,}j , the location of the boundary shall be determined by the map scale (5) REMOVAL OF LANDS FROM FLOODPLAIN a) Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. 8 0 Amendments. b) The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met: 1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; 2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F; c) Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70. (6) COMPLIANCE a) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations. b) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with s. 9.0. c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with s. 9.0. (7) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Slats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WIsDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20' span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site. (8) ABROGATION AND GREATER RESTRICTIONS a) This ordinance supersedes all the provisions of any municipal zonin ordinance enacted under s. 59.69, 59.692 or 59.694 for counties; ® s 62.23 for cities; s. 61.35 for villages; or s. 87.30, Slats., M which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (9) INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. (10)WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research Larger floods may occur, or the flood height may be increased by man-made or natural causes This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance (11)SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected (12)ANNEXED AREAS FOR CITIES AND VILLAGES The County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch NR 116, Wis. Adm Code and 44 CFR 59-72, National Flood Insurance Program (NFIP) These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location 2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law 1) If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall a be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b be constructed with flood -resistant materials; c. be constructed by methods and practices that minimize flood damages, and d. Mechanical and utility equipment must be elevated to or above the flood protection elevation. 2) If a subdivision or other proposed new development is in a flood -prone area, the community shall assure that: a. such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood -prone area; b. public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and c. adequate drainage is provided to reduce exposure to flood hazards All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 7.1(2). 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES 1) No floodplain development shall: a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or b. Cause any increase in the regional flood height due to floodplain storage area lost. 2) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 8.0 Amendments are met. 2.2 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits The standards of s. 2.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 8.0 Amendments, the community shall apply for a Lefler of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process. 2.3 CHAPTER 30. 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to s. 8.0 Amendments. 2.4 PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: 1) The campground is approved by the Department of Agriculture, Trade and Consumer Protection; 2) A land use permit for the campground is issued by the zoning administrator; 3) The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants; 4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at -risk parties, and the methods and personnel responsible for conducting the evacuation; 5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations; 6) All mobile recreational vehicles placed on site must meet one of the following: a. Be fully licensed, if required, and ready for highway use; or b. Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or c. Meet the requirements in either s. 3.0, 4.0, 5.1, or 0 for the floodplain district in which the structure is located; A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. 7) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with 2.4(6) and shall ensure compliance with all the provisions of this section, 8) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; 9) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and 10) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and 11) Standards for structures in a campground a. All structures must comply with section 2 4 or meet the applicable requirements in ss 3.0, 4.0, 5 1, or 11 for the floodplain district in which the structure is located; b. Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 2.4(4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood c Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards. d Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with section 2 4(4) e Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 2.4(4). 12) A land use permit shall be obtained as provided under 7.1(2) before any development, repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated 2.5 3.0 FLOODWAY DISTRICT (FW) 3.1 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 5.1(5). 3.2 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 3.3 and 3.4; and • all permits or certificates have been issued according to s. 7.1. 1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting. 2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. 3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 3.3(4). 4) Uses or structures accessory to open space uses or classified as historic structures that comply with s. 3.3 and 3.4. 5) Extraction of sand, gravel or other materials that comply with s. 3.3(4). 6) Functionally water -dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. 7) Public utilities, streets and bridges that comply with s. 3.3(3). 8) Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code. 9) Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code 10) Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code. 11) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied 3.3 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY 1) GENERAL a. Any development in the floodway shall comply with s. 2.0 and have a low flood damage potential. b. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to s. 2.1 and 7.1(2)(c). The analysis must be completed by a registered professional engineer in the 19 state of Wisconsin c. Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 3.3(1)(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in s 1.5(5) 2) STRUCTURES Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: a. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage, b. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards: 1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; 2. Have structural components capable of meeting all provisions of Section 3.3(2)(g) and; 3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 3.3(2)(g). c. Must be anchored to resist flotation, collapse, and lateral movement; d. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and e. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. f. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets s. 3.3(2)(a) through 3.3(2)(e) and meets or exceeds the following standards: 1. The lowest floor must be elevated to or above the regional flood elevation; 2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. 4. The use must be limited to parking, building access or limited storage. g. Certification: Whenever floodproofing measures are required, a registered professional 20 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 1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; 2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Sections 3.4(4) and 3.4(5); 3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; 4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains, and 5. Placement of utilities to or above the flood protection elevation. 3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: a. Adequate floodproofing measures are provided to the flood protection elevation; and b. Construction meets the development standards of s. 2.1. 4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: a. The requirements of s. 2.1 are met; b. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met; c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and d. The fill is not classified as a solid or hazardous material. 3.4 PROHIBITED USES All uses not listed as permitted uses in s. 3.2 are prohibited, including the following uses: 1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open -space uses; 2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; 3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; 4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code; 5) Any public or private wells which are used to obtain potable water, except those for recreational 21 areas that meet the requirements of local ordinances and chs NR 811 and NR 812, Wis Adm Code; 6) Any solid or hazardous waste disposal sites; 7) Any wastewater treatment ponds or facilities, except those permitted under s NR 110.15(3)(b), Wis. Adm Code, and 8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied 4.0 FLOODFRINGE DISTRICT (FF) 4.1 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s 5 1(5) 4.2 PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s 4 3 are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in s 7 1 have been issued. 4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE Section 2 0 shall apply in addition to the following requirements according to the use requested Any existing structure in the floodfringe must meet the requirements of s 6 0 Nonconforming Uses, (1) RESIDENTIAL USES Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards, a) All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure No area may be removed from the floodfringe district unless it can be shown to meet s 1 5(5) b) Notwithstanding s. 4.3 (1)(a), a basement or crawlspace floor may be placed 12f Commented EMvi1: the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy No floor of any kind is allowed below the regional flood elevation; c) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd (d) d) In developments where existing street or sewer line elevations make compliance with subd. (c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if 1. The municipality has written assurance from police, fire and emergency services that rescue, and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or 2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. (2) ACCESSORY STRUCTURES OR USES In addition to s. 2.0, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. (3) COMMERCIAL USES In addition to s. 2.0, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of s. 4.3(1). Subject to the requirements of s 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES In addition to s. 2.0, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in s 7.5. Subject to the requirements of s 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 7.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding (6) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 7.5 b) Minor roads or non -essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 7.5(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm Code. (8) WELLS 23 1 h All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 7.5(3), to the flood protection elevation and shall meet the provisions of chs NR 811 and NR 812, Wis. Adm. Code. (9) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10)DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. (11)MANUFACTURED HOMES a) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. have the lowest floor elevated to the flood protection elevation, and 2. be anchored so they do not float, collapse, or move laterally during a flood; c) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 4.3(1). (12)MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles must be on site for less than 180 consecutive days and be either: a) fully licensed and ready for highway use; or b) shall meet the elevation and anchoring requirements in s. 4.3 (11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. 5.0 OTHER FLOODPLAIN DISTRICTS 5.1 GENERAL FLOODPLAIN DISTRICT (GFP) 1) APPLICABILITY The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in s. 1.5(2)(a). 24 2) FLOODWAY BOUNDARIES For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in s. 1.5(2)(a), the boundaries of the regulatory floodway shall be determined pursuant to s. 5.1(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of s 3 0 If the development is located entirely within the floodfringe, the development is subject to the standards of s. 4.0. 3) PERMITTED USES Pursuant to s 5 1(5) it shall be determined whether the proposed use is located within the floodway or floodfringe Those uses permitted in the Floodway (s 3 2) and Floodfringe (s. 4.2) Districts are allowed within the General Floodplain District, according to the standards of s. 5.1(4) provided that all permits or certificates required under s 7.1 have been issued 4) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT Section 3 0 applies to floodway areas, determined to pursuant to 5 1(5), Section 4.0 applies to floodfringe areas, determined to pursuant to 5.1(5). a) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated: 1 To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grad; � 2 If the depth is not specified on the FIRM, two feet (2) above�he highest adjacent natural grade or higher. b) New Construction and substantial improvement of structures in zone AH shall have the lowest floor. including basement, elevated to or above the flood protection elevation. c) In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures. d) All development in zones AO and zone AH shall meet the requirements of s. 4.0 applicable to flood fringe areas 5) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the zoning administrator shall a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM. b) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries. 1 A Hydrologic and Hydraulic Study as specified in s. 7.1(2)(c). 2 Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing 25 Commented IV (2) (3) 5.3 structures on the site; location and elevations of streets, water supply, and sanitary facilities, soil types and other pertinent information. Specifications for building construction and materials, floodproofing, filling, dredging. channel improvement, storage, water supply and sanitary facilities. 26 27 28 6.0 NONCONFORMING USES 6.1 GENERAL 1) Applicability a) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87 30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72 , these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created b) As permit applications are received for additions, modifications, or substantial improvements 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. 2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: a) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification, this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. b) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance, c) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent. 29 d) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations. f) If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). g) Except as provided in subd. (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre -damaged condition equals or exceeds 50% of the structure's present equalized assessed value. h) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction 1 Residential Structures Shall have the lowest floor, including basement, elevated to �4 above the base flood elevation using fill, pilings, columns, posts or perimeter walls Perimeter walls must meet the requirements of s 7.5(2) b Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage. c Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or jelevated[ so as to commented M prevent water from entering or accumulating within the components during conditions of flooding In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source e In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.1(4). f in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 2. Nonresidential Structures a Shall meet the requirements of s. 6.1(2)(h)1a-f. b Shall either have the lowest floor, including basement, elevated toW above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 7.5 (1) or (2). c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.1(4). 3) A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with s. 3 3 (1), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 7.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s 6.1 (2)(h)1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. 4) INotwithstandin� anything in this chapter to the contrary, modifications, additions maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if a) Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation; b) The lowest floor of the nonconforming building, including the basement, is elevated �o or above the regional flood elevation; c) The nonconforming building is permanently changed to conform to the applicable requirements of 2 0; d) If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 3.3(1), 3 3(2)(b) through (e), 3.3(3), 3.3(4), and 6 2 Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 5.1(5). If the encroachment is in the floodway, it must meet the standards in section 3.3(4); e) If the nonconforming building is in the floodfringe, the building is permanently changed to conform to the applicable requirements of 4.3 and 6.3; ®If the nonconforming building is in the floodfringe and the building does not conform to the applicable requirements of 4 3 and 6 3, the building will remain nonconforming _ Commented Commented [VHMAD(7]: OPTIONAL - Reserve for Communities who want to implement Act 175 This section is optional If the Community is removing this language please update the Table of Contents page references *See guidance language' Commented [MVa]: Commented [MV9]: e) language option I. This language unplic that a structure in the flood fringe needs to meet the requirements in 43 and 63 and none of the other sections in (4) apply to a structure in the flood fringe Commented [MV10]: e) language option 2 implies that there is flexibility to elevate a structure in the flood fringe, by any mans, and that all of (4) applies to the structure f) Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated �o or bbove the base flood elevation; g) Repair or reconstruction of nonconforming structures and substantial improvements of non- residential buildings in zones Al-30, AE, and AH must have the lowest floor (including basement) elevated tolor above the base flood elevation or {together with attendant utility - commented �Mvizl: and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy - Where a non-residential structure is intended to be made watertightlbelov4 the _ _ __ commented [MV13j: base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of s 6 1(4)(g) above ii The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed; nt Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones Al-30, AE, and AH that are usable solely for parking of vehicles, budding access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria. i. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area. ii The bottom of all openings must be no higher than one foot above the adjacent grade iii. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters, Manufactured homes that are placed or substantially improved within zones Al-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is [at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, Manufactured homes that are placed or substantially improved within zones Al-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is [at orebove the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above gradelgnd be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; k I Recreational vehicles placed on sites within zones Al-30, AH, and AE must either. i Be on site for fewer than 180 consecutive days; or is Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or ii Meet the elevation and anchoring requirements for manufactured homes in s 6 1(4)(i) above; In a regulatory floodway that has been delineated on the FIRM in zone A1.30 or AE, encroachments, including repair or reconstruction of nonconforming structures, substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity; ml In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial Improvement, and other development to meet ss 6 1(4)(0 through (1) (inclusive) above Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance withsection 5 l (5) If the encroachment is in the floodway, it must meet the standards in section 3 3(4) Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; ni In zones Al-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure's 3-D building envelope must determine the floodway in accordance with section 5.1(5). If the encroachment is in the floodway, it must meet the standards in section 3.3(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; o o- In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as[the depth number specified in feet on the FIRM (at least two feet if no depth number is specified) Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or t In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry-floodproofed to that level according t R� Reyuni.. ve Ch.; in • I e,,a: ets none th:,n IL•• d..pth - . mb,, •Iti•, r-1 �n h]rt �!�� th. I IR'1i t.n II", snt i i thtr, • 1 t d m, depth : •..nlm n :pr. it,,d ,� nh the npiior. .rihenthcroan t;n den d�,lh inunha i. .n:�tih¢I to the standard specified in s. 6.1(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity 6.2 FLOODWAY DISTRICT 1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition a) Has been granted a permit or variance which meets all ordinance requirements, b) Meets the requirements of s. 6.1; c) Shall not increase the obstruction to flood flows or regional flood height, d) Any addition to the existing structure shall be floodproofed, pursuant to s 7 5, by means other than the use of fill, to the flood protection elevation; and, e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4 The use must be limited to parking, building access or limited storage 2) No new on -site sewage disposal system, or addition to an existing on -site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District Any replacement, repair or maintenance of an existing on -site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s 7 5(3) and Ch SPS 383, Wis Adm. Code 3) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and chs. NR 811 and NR 812, Wis. Adm. Code. 6.3 FLOODFRINGE DISTRICT 1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of s. 4.3 except where s 6.3(2) is applicable 2) Where compliance with the provisions of subd. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in s. 7 3, may grant a variance from those provisions of subd. (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: a) [No floor is allowed below the regional flood elevation for residential or commercial structures b) Human lives are not endangered; c) Public facilities, such as water or sewer, shall not be installed; d) Flood depths shall not exceed two feet; e) Flood velocities shall not exceed two feet per second; and f) The structure shall not be used for storage of materials as described in s 4 3(5) 3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s 7.5 (3) and ch SPS 383, Wis Adm Code 4) All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, s 7.5 (3) and ch NR 811 and NR 812. Wis. Adm Code 7.0 ADMINISTRATION Where a zoning administrator,planning agency or a board of ad)ustmenttappeals - has already been appointed to administer a zoning ordinance adopted under ss 59,69, 59 692 or 62.23(7), Stats , these officials shall also administer this ordinance 7.1 ZONING ADMINISTRATOR 1) DUTIES AND POWERS The zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: a) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications b) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate Commented [MV18]: OPTION I CRS: Replace all the tat in a) with, "Lowest floor, including basement or crawlspace, shall be 1 foot above the RFE for residential or commereral structures, " Commented [MV191218]: OPTION 2 CRS Replace ah the taxi in a) with, "Lowest floor, including basement or emwlspace shall be at the flood protection elevation for commercial and residential structures,» c) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred d) Keep records of all official actions such as. 1. All permits issued, inspections made, and work approved, 2. Documentation of certified lowest floor and regional flood elevations; 3. Floodproofing certificates 4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals. variances and amendments 5. All substantial damage assessment reports for floodplain structures 6. List of nonconforming structures and uses 7. 8. e) Submit copies of the following items to the Department Regional office 1. Within 10 days of the decision, a copy of any decisions on variances appeals for map or text interpretations, and map or text amendments, 2. Copies of case -by -case analyses and other required information 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments f) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution Copies of the reports shall also be sent to the Department Regional office g) Submit copies of amendments to the FEMA Regional office 2) LAND USE PERMIT A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include a) GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor: 2. Legal description, proposed use, and whether it is new construction or a modification, b) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot, 2. Location of the ordinary highwater mark of any abutting navigable waterways, 36 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on -site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study — either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD); 8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of s. 3.0 or 4.0 are met; and 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 2.1. This may include any of the information noted in s. 3.3(1). HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. 1. Zone A floodplains and in AE zones within which a floodway is not delineated: a. Hydrology i. The appropriate method shall be based on the standards in ch NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. ii. channel sections must be surveyed. iii. minimum four -foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. V. the most current version of HEC-RAS shall be used. 37 vi. a survey of bridge and culvert openings and the top of road is required at each structure vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. c. Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2.Zone AE Floodplains a. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. ii. Corrected Effective Model. The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review. iii. Existing (Pre -Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post -Project) Model or to establish more up-to-date models on which to base the Revised (Post -Project) Model. iv. Revised (Post -Project Conditions) Model. The Revised (Post -Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. V. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information. bridge plans. construction plans and survey notes vi Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required The Effective Model shall not be truncated c. Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions i. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMS and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans ii. Certified topographic map of suitable scale. contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. V. The revised floodplain boundaries shall tie into the effective floodplain boundaries. vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. vii Both the current and proposed floodways shall be shown on the map viii The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map d) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date 3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: a) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; b) Application for such certificate shall be concurrent with the application for a permit; c) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; d) The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 7.5 are met. e) Where applicable pursuant to s. 5.1(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement. f) Where applicable pursuant to s. 5.1(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by s. 5.1(4) 4) OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S Army Corps of Engineers under s 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C.1344. 7.2 ZONING AGENCY 1) The (zoninuagencyorplanning committee not the board of appeals/ad"ustment shall: a) oversee the functions of the office of the zoning administrator; and b) review and advise the governing body on all proposed amendments to this ordinance, maps, and text. 40 7.3 c) publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing. 2) The fzonina agencyorolanning committee not the board of appeals or adjustment) shall not: a) grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or b) amend the text or zoning maps in place of official action by the governing body. The Board of Adjustment/Appeals, AIcreated under s. 59.694, Stats., for counties/s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance The M,rdll exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business The zoning administrator shall not be the secretary of the Board. 1) POWERS AND DUTIES The Board of Ad'u.stment/Appeals shall. a) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; b) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and c) Variances - Hear and decide, upon appeal, variances from the ordinance standards. 2) APPEALS TO THE BOARD a) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES Notice - The board shall: Fix a reasonable time for the hearing; Publish adequate notice pursuant to Wisconsin Statutes. specifying the date, time. place, and subject of the hearing; and Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing 2. Hearing -Any party may appear in person or by agent The board shall a. Resolve boundary disputes according to s 7.3(3); b. Decide variance applications according to s 7.3(4); and c. Decide appeals of permit denials according to s 7.4 c) DECISION: The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional office within 10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts which are the basis for the Board's decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. 3) BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: a) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. b) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and c) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to s. 8.0 Amendments. 4) VARIANCE a) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance will cause unnecessary hardship; 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended, 3. The variance is not contrary to the public interest; and 4. The variance is consistent with the purpose of this ordinance in s. 1.3. b) In addition to the criteria in subd. (a), to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met: 1. The variance shall not cause any increase in the regional flood elevation; 2. The applicant has shown good and sufficient cause for issuance of the variance; 3. Failure to grant the variance would result in exceptional hardship; 42 4.Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; 5.The variance granted is the minimum necessary, considering the flood hazard, to afford relief. c) A variance shall not: 1.Grant, extend or increase any use prohibited in the zoning district; 2. Be granted for a hardship based solely on an economic gain or loss; 3. Be granted for a hardship which is self-created. 4. Damage the rights or property values of other persons in the area; 5. Allow actions without the amendments to this ordinance or map(s) required in s. 8.0 Amendments; and 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. d) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 7.4 TO REVIEW APPEALS OF PERMIT DENIALS (1) The Zoning Agency (s. 7.2) or Board shall review all data related to the appeal. This may include. a. Permit application data listed in s. 7.1(2); b. Floodway/floodfringe determination data in s. 5.1(5); c. Data listed in s. 3.3(1)(b) where the applicant has not submitted this information to the zoning administrator; and d. Other data submitted with the application or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: a. Follow the procedures of s. 7.3; b. Consider zoning agency recommendations; and c. Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 8.0 Amendments; and 43 b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. 7.5 FLOODPROOFING STANDARDS (1) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in ss. 2.0, 3.0, 4.0. 5.1, ore. (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: a. certified by a registered professional engineer or architect; or b. meeting or exceeding the following standards: 1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. the bottom of all openings shall be no higher than one foot above grade; and 3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters (3) Floodproofing measures shall be designed, as appropriate, to: a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; b. Protect structures to the flood protection elevation; c. Anchor structures to foundations to resist flotation and lateral movement; d. Minimize or eliminate infiltration of flood waters; e. Minimize or eliminate discharges into flood waters; f. Placement of essential utilities to or above the flood protection elevation; and g. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood -resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4.The use must be limited to parking, building access or limited storage. 44 7.6 PUBLIC INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. (3) Real estate transfers should show what floodplain district any real property is in 8.0 AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1 (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 8 1 8.1 GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 8.2 below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: (1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; (2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; (3) Any changes to any other officially adopted floodplain maps listed in s 1.5 (2)(b); (4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; (5) Correction of discrepancies between the water surface profiles and floodplain maps (6) Any upgrade to a floodplain zoning ordinance text required by s. NR 116 05. Wis Adm Code, or otherwise required by law, or for changes by the municipality; and (7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 8.2 PROCEDURES Ordinance amendments may be made upon petition of any party accordin to the provisions of s. 62 23, Stats , for cities and villages/s 59 69, Stats , for counties The petitions shall include all data required by s 5.1(5) and 7.1(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes 45 (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing The amendment procedure shall comply with the 2rovisions of s 62 23, Stats , for cities and villages/s 59.69, Stats., for counties (2) No amendments shall become effective until reviewed and approved by the Department (3) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. 9.0 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators A violator shall. upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action Each day of continued violation shall constitute a separate offense Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s 87.30, Stats 10.0 DEFINITIONS Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular The word "may" is permissive, "shall" is mandatory and is not discretionary. 1 A ZONES — Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area 2. AH ZONE — See "AREA OF SHALLOW FLOODING" 3. AO ZONE — See "AREA OF SHALLOW FLOODING". 4. ACCESSORY STRUCTURE OR USE — A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building An accessory structure shall not be used for human habitation. 5. ALTERATION — An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 6. AREA OF SHALLOW FLOODING —A designated AO, AH, AR/AO, AR/AH. or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident Such flooding is characterized by ponding or sheet flow 7. BASE FLOOD —Means the flood having a one percent chance of being equaled or exceeded in 46 any given year, as published by FEMA as part of a FIS and depicted on a FIRM 8 BASEMENT —Any enclosed area of a building having its floor sub -grade on all sides. 10. BUILDING —See STRUCTURE 11. BULKHEAD LINE — A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Slats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance 12. CAMPGROUND —Any parcel of land which is designed. maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area 13. CAMPING UNIT — Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use 14. CERTIFICATE OF COMPLIANCE — A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. 15. CHANNEL — A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 18 CRAWLWAYS or CRAWL SPACE — An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities 19 DECK — An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation. 20 DEPARTMENT — The Wisconsin Department of Natural Resources. 21 DEVELOPMENT — Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation, mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. 22 DRYLAND ACCESS —A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with 47 its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. 23. ENCROACHMENT — Any fill, structure, equipment, use or development in the floodway. 24. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program. 25. FLOOD INSURANCE RATE MAP (FIRM) — A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. 26. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. 27. FLOOD FREQUENCY — The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year. 28. FLOODFRINGE — That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. 29. FLOOD HAZARD BOUNDARY MAP — A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A -Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. 30. FLOOD INSURANCE STUDY — A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A -Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. 31. FLOODPLAIN — Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes. 32. FLOODPLAIN ISLAND — A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. 33. FLOODPLAIN MANAGEMENT — Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. 48 34. FLOOD PROFILE — A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river 35. FLOODPROOFING — Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. 36. FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see. FREEBOARD.) 37. FLOOD STORAGE — Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. 38. FLOODWAY — The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. 39. FREEBOARD — A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. 40. HABITABLE STRUCTURE — Any structure or portion thereof used or designed for human habitation. 41. HEARING NOTICE — Publication or posting meeting the requirements of Ch 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing Loral ordinances or bylaws may require additional notice, exceeding these minimums. 42. HIGH FLOOD DAMAGE POTENTIAL — Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents 43. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 44. HISTORIC STRUCTURE — Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. 45. INCREASE IN REGIONAL FLOOD HEIGHT — A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge 49 46. LAND USE —Any nonstructural use made of unimproved or improved real estate (Also see DEVELOPMENT.) 47. LOWEST ADJACENT GRADE — Elevation of the lowest ground surface that touches any of the exterior walls of a building. 48. LOWEST FLOOR — The lowest floor of the lowest enclosed area including basement 49. MAINTENANCE — The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures. 50. MANUFACTURED HOME —A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." 51. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. 52. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING — A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. 53. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads. 54. MOBILE RECREATIONAL VEHICLE — A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light -duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles " 55 MODEL, CORRECTED EFFECTIVE — A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model 56 MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. 57 MODEL, EFFECTIVE — The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. 58 MODEL, EXISTING (PRE -PROJECT) —A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for 50 which the revision is being requested If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model 59 MODEL, REVISED (POST -PROJECT) - A modification of the Existing or Pre -Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post -project conditions 61 MUNICIPALITY or MUNICIPAL -The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance. 62 NAVD or NORTH AMERICAN VERTICAL DATUM - Elevations referenced to mean sea level datum, 1988 adjustment 63 NGVD or NATIONAL GEODETIC VERTICAL DATUM - Elevations referenced to mean sea level datum, 1929 adjustment 64 NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures 65 NON -FLOOD DISASTER - A fire or an ice storm. tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood 66 NONCONFORMING STRUCTURE -An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies (For example, an existing residential structure in the floodfringe district is a conforming use However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming ) 67 NONCONFORMING USE - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway ) 68. OBSTRUCTION TO FLOW - Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. 69. OFFICIAL FLOODPLAIN ZONING MAP - That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA 70. OPEN SPACE USE - Those uses having a relatively low flood damage potential and not involving structures. 71. ORDINARY HIGHWATER MARK- The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic 72. PERSON - An individual, or group of individuals, corporation, partnership. association, municipality, or state agency. 74. PRIVATE SEWAGE SYSTEM — A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure 75. PUBLIC UTILITIES —Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer. 76. REASONABLY SAFE FROM FLOODING — Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings 77. REGIONAL FLOOD — A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RIFE is equivalent to the BFE. 79. START OF CONSTRUCTION — The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings. piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings. such as garages or sheds not occupied as dwelling units or not part of the main structure For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 80. STRUCTURE — Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to. roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts 81. SUBDIVISION — Has the meaning given in s 236.02(12), Ws Stats 82. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure. whereby the cost of restoring the structure to its pre -damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred 83. SUBSTANTIAL IMPROVEMENT —Any repair, reconstruction, rehabilitation. addition or 52 improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. 84. UNNECESSARY HARDSHIP — Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. 85. VARIANCE — An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance 86. VIOLATION — The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided 87. WATERSHED — The entire region contributing runoff or surface water to a watercourse or body of water. 88. WATER SURFACE PROFILE — A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas 89. WELL — means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use CLEAN GRID ALLIANCE Battery Energy Storage Systems (BESS): Benefits Lower Electricity Costs & Reduce Ratepayer Bills Energy storage technologies are positioned to reduce energy system costs, and lower rates for consumers by optimizing the grid, bolstering reliability, and enabling a clean grid How Does Storage Reduce Energy Costs? Supports the Integration of More Wind and Solar Generation • Wind and solar are the cheapest sources of electricity, so the integration of higher shares of renewables, enables the expansion of most cost-effective sources of electricity Reduces Energy Waste • BESS helps eliminate energy waste and maximize the benefits of renewable energy • By storing energy when there is excess supply of renewable energy compared to demand, BESS reduces the need to curtail generation facilities and use that energy later when needed Improves Grid Efficiency • BESS is instantly dispatchable to function as generation and load, so it helps the grid adjust to fluctuations in demand and supply, optimizing grid efficiency, alleviating transmission congestion, and increasing grid flexibility o Reduces overall system costs Limits Costly Energy Imports & Increases Energy Security • BESS improves energy security and maximizes the use of affordable electricity produced in the US CLEAN GRID ALLIANCE Battery Ener gy Storage Systems (BESS): Benefits Energy Storage Enhances Grid Reliability & Resilience Energy storage is a resilience enabling and reliability enhancing technology. Across the US, states are choosing energy storage as the best and most cost-effective way to improve grid resilience and reliability. How Does Storage Strengthen Grid Reliability? Frequency Response and Regulation • BESS ensures the moment -to -moment stability of the electric system at all times O Peaking Capacity — • BESS meets short-term spikes in electric system demand that otherwise requires use of lower -efficiency, high -cost generation resources Maximizing Renewable Energy Resources • BESS reduces curtailment of renewable generation resources and maximizes their contribution to the system reliability Grid Infrastructure Support tl • BESS relieves transmission and distribution infrastructure congestion, prevents reliability violations on power lines, and creates more flexibility in the power system Increasing Operational Flexibility • BESS facilitates efficient integration of diverse generation resources and improves the ability of the electric grid to adapt rapidly to changes in demand and generation Improving Grid Resilience • BESS serves as back-up power for the grid system to minimize and prevent power outages from extreme weather iridAlliance.org Sources: 1. American Clean Power Association. https://cleanpower.org/facts/clean-energy-storage/ January 2024 CLEAN GRID ALLIANCE Battery Energy Storage Systems (BESS) What is BESS? Similar to the batteries that power your phone, computer, and other electronics, large- scale energy storage systems are used to provide back-up power to homes and businesses, limit power outages, make our electrical grid more reliable, and enable our communities to run on clean, affordable energy How do BESS Work? Energy storage systems efficiently capture electricity so it can be used when and where it is most needed Consists of: • Batteries • Inverters that convert DC energy to AC energy • Racks for Batteries • Equipment that ensures the batteries operate safely • Communications equipment that allows control and monitoring of the batteries What does BESS look like and where? Housed in specially engineered shipping containers, outdoor -rated cabinets, or purpose-built buildings • Grid -scale facilities vary in size Currently hundreds of large-scale energy storage projects are operating and in construction in the US • Located in dense, urban areas and/or rural, remote areas • Provide valuable services to the electrical grid in the communities they are located in CLEAN GRID FACT SHEET ALLIANCE I 'i j Battery Energy Storage Systems (BESS) Safety of BESS Safety is a fundamental part of all electrical systems, including energy storage systems. With the use of best practices and proper design and operations, BESS can mitigate risks and maintain safety while supporting reliable, clean electric service BESS are Regulated & Held to National Safety Standards • We rely on batteries in so many ways, the technologies have some of the most well -established safety features and must meet rigorous codes and standards to be permitted to operate Must comply with National Fire Protection Standards- frequently updated State and Local governments ensure compliance with current standards Sources 1. American Clean Power Association. https-.//cleanpower.org/facts/clean-energy-storage/ January 2024 CLEAN GRID ALLIANCE Battery Energy Storage Systems (BESS).,, Best Practices Best Practices Energy storage facilities use numerous strategies and established safety equipment to ensure that risks associated with the installation and operation of the system are mitigated. Every stage, from manufacturing to operation, includes a variety of strategies to keep them safe, including: Pre -Installation Standards & Testing • All modern batteries are designed to pass standard safety tests prior to operation • Safety standards and performance tests help to ensure the technologies deployed in BESS uniformly comply with the highest global safety standards Proper Temperature Management • All energy storage projects have thermal management systems, like fans, ventilation, and heating and cooling equipment to maintain safe operating temperatures for the batteries Sensors that Regulate Temperature • All projects are equipped with sensors that track battery temperatures and enable the facility to turn off batteries if they get too hot or cold • A Battery Management System manages the charging and discharging of batteries Safety Equipment • BESS facilities include equipment and systems designed to detect and suppress fires, vent gasses, and incorporate fire -proof barriers CLEAN GRID ALLIANCE Battery Energy Storage Systems (BESS): Best Practices Best Practices Energy storage facilities use numerous strategies and established safety equipment to ensure that risks associated with the installation and operation of the system are mitigated. Every stage, from manufacturing to operation, includes a variety of strategies to keep them safe, including: System & Component Certification • OSHA's Nationally Recognized Testing Laboratories provide screening, testing, and evaluation for BESS technologies and components 24/7 Monitoring by Trained Personnel • BESS facilities are monitored 24/7 by trained personnel prepared to maintain safety and respond to emergency events Emergency Response Plans • All BESS operators develop and maintain emergency plans to ensure that if there were an event it is handled safely and according to best practices • Developers work with local fire departments and first responders for training and to share information on risks, response plans, and safety measures SAFET .FIRST Sources v 1. American Clean Power Association. https://cleanpower.org/facts/clean-energy-storage/ January 2024 COST -SHARING PROGRAMS -December 2025 COUNTY COST SHARE PROGRAM BEGINNING BALANCE: $22,225.39 Priori!Tentative App Final Request EXTENSION REQUESTS: - I — CANCELLATIONS/Change Order: Gary & Deb Dresen, Cassville Twp. 4 manure storage closures $5,000.00 ACCOUNT BALANCE: $27,225.39 FINAL APPROVAL REQUESTS: Julie Klinger, Platteville twp. Well decommissioning $1,000.00 $26,225.39 ACCOUNT BALANCE: TENTATIVE APPROVAL REQUESTS FOR C/S: T ENDING BALANCE $26,225.3. 2025 DATCP COST -SHARING REQUESTS BEGINNING BALANCE: CANCELLATIONS: $26,000.98 Priority Tentative App I Final Request TENTATIVE APPROVAL REQUESTS: Grant County Farm, South Lancaster twp. Grade Stabilization $13,500.00 Brooke Grinde, Potosi twp. Grade stabilization & grass waterway $13,500.00 ACCOUNT BALANCE: -$999.02 FINAL APPROVAL REQUESTS: ENDING BALANCE 49,272.62 February 2025 Removals Name Terrance Bailie Cloverland Farms Inc Cory Henneman Daniel Hershberger Lonnie Holthaus Carllhm R James & RMRV Limited Partnership Earl Jansen Lesterlantzen Raymond Kirschbaum Eugene Kite David McMahan William Meis Janice, Pamela & Ruby Moen Larry & Mary Mook Irrevocable Trust Randy Oeschsle Donald Pagenkopf Terry Runde - S & S Rocky Ridge Farms LLC Patrick & Karen Schroeder Patrick Schroeder Patrick Schroeder John Shea Thomas Shea Lowell Sh i n n David Vesperman David Washburn K & K and R & M Winkers Eileen Zart John Zart Acres Tax Dollars 255.507 $2,555.07 237.3 $2,373.00 204.91 $2, 049.10 157.064 $1,570.64 282.7 $2,827.00 137.17 $1, 371.70 120 $1, 200.00 194.801 $1,948.01 80 $800.00 394.85 $3, 948.50 177.363 $1, 773.63 120 $1,200.00 149.23 $1,492.30 180 $1,800.00 220.55 $2,205.50 280.89 $2,808.90 159 $1,590.00 103.2 $1,032.00 60.9 $609.00 296.84 $2,968.40 296.831 $2,968.31 35.808 $358.08 258.5 $2,585.00 423 $4, 230.00 100.66 $1,006.60 99.54 $995.40 200 $2,000.00 118 $1,180.00 80 $800.00 72.726 $727.26 Total 5,730.77 $57,307.70 Notice of Noncompliance Cancelled Since February Donald Adametz 406.49 $4,064.90 Marilyn Davies 151.33 $1,513.30 Scott DeYoung 128.65 $1,286.50 Ron Digman 443.1 $4,431.00 Dianne Flesch 94 $940.00 George Gunderson 223.61 $2,236.10 Richard & Rita Ketterer Irrevocable Trust 306.82 $3,068.20 Larry & Sherry Klaas 123.07 $1,230.70 Larry & Sherry Klaas Irrevocable Trust 160.03 $1,600.30 Todd Klaas 543.6 $5,436.00 Dale Mumm 473.01 $4,730.10 Mark Nelson 161.73 $1,617.30 Peggy Storms 347.4 $3,474.00 Richard Veech 310.45 $3,104.50 John Vogt 160 $1,600.00 Steve Wagner 80 $800.00 Total 4,113.29 $41,132.90 Grand Total 9,844.06 $98,440.60 December 2025 Removals Name Coon Hollow Rd LLC RJ Foley Holdings LLC Loretta Kephart Peter Kingeter Judith Koehler Ronald Miles Dale Mumm Ricky Parker Ken Pluemer Daniel Sensenig Streich Capital LLC William Tracy Randal A White Irrevocable Trust Karen Yelinek Ken Zenz Total In class at SWTC Five Points Financial LLC Five Points Financial, LLC Thomas Gildersleeve Total Acres Tax Dollars 194 $1, 940.00 195.649 $1,956.49 338.37 $3,383.70 353.35 $3,533.50 151.65 $1,516.50 58.9 $589.00 473.01 $4,730.1 195.16 $1,951.60 162.18 $1,621.80 836.1 $8,361.00 137.24 $1,372.40 17.3 $173.00 168.17 $1,681.70 495.07 $4,950.70 677.59 $6,775.90 4,453.739 $44,537.39 193.538 $1,935.38 76.26 $762.60 400.5 $4,005.00 670.298 $6,702.98 Grand Total 5,124.037 $51,240.37 DISASTER ASSISTANCE SDRP - Supplemental Disaster Relief Program: Stage 2 Background Authorized by the American Relief Act; 2025, the Supplemental Disaster Relief Program provides more than $16 billion in disaster relief payments to eligible producers who suffered revenue, quality, or production losses to crops, trees, bushes, or vines due to qualifying disaster events in calendar years 2023 and 2024. Overview USDA's Farm Service Agency (FSA) is delivering SDRP assistance to eligible producers in two stages. Producers can receive payments in both stages, if applicable, and for one or both years, depending on losses. Stage 1: Leverages existing Federal Crop Insurance or Indemnified Losses Noninsured Crop Disaster Assistance Program (NAP) data as the basis for calculating payments. Stage 2: Provides payments to eligible producers for losses Uncovered & Non- of crops, trees, bushes, and vines that were not Indemnified Losses indemnified. These losses are also known as uncovered or shallow losses. Key Takeaways for SDRP Stage 2 • SDRP Stage 2 builds on the basic framework deployed under Stage 1 to deliver disaster assistance in a manner consistent with previously indemnified losses compensated under Stage 1. • Stage 2 leverages existingfederal crop insurance or NAP data, where available, to calculate disaster assistance in the same manner as the producer elected insurance policy. • Due to varied federal crop insurance policies and NAP coverage options and to align with assistance delivered under Stage 1: • There are unique application and documentation requirements based on the type of coverage purchased. • Insured and NAP covered Stage 2 payments will include the refund of premiums and fees when the SDRP Stage 2 disaster loss payment calculated is greater than zero. • For uninsured losses, FSAwill leverage existing data previously reported by producers, when available. • Any missing data for insured, NAP covered or uninsured losses must be provided by the producers at the time of enrollment. • Additionally, SDRP Stage 2 compensates for quality losses and tree, bush, and vine losses. Eligibility Eligible losses must be due to wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought, and related conditions occurring in calendar years 2023 and/or 2024. Related conditions, include: • Excessive wind that occurred as a direct result of a derecho. • Silt and debris that occurred as a direct result of flooding. • Excessive wind, tornadoes, storm surges, tropical storms, and tropical depressions that occurred as a direct result of a hurricane. • Excessive wind and blizzards that occurred as a direct result of a winter storm. Drought losses must have occurred in a county rated by the U.S..SDrought-Monitor as having a D2 (severe drought) for eight consecutive weeks, D3 (extreme drought) or greater intensity level during the applicable calendar year. A list of counties that are eligible for SDRP due to drought for 2023 and 2024 is available at fSaAisda Dm sdrn. The American Relief Act authorized $220,000,000 to provide block grants to eligible States to provide compensation to producers for necessary expenses related to crop, timber, and livestock losses, including on -farm infrastructure resulting from adverse weather events in 2023 or 2024 that a State determines warrants such relief. FSA is establishing block grants with Connecticut, Hawaii, Maine, and Massachusetts that will cover crop losses; therefore, producers with losses in these states will not be eligible for SDRP program payments. Eligible Producers To be eligible for SDRP, persons or legal entities must be a U.S. citizen, resident legal alien, partnership consisting solely of U.S. citizens, a legal entity organized under State law, or an Indian tribe or tribal organization defined in the Indian Self-determination and Education Assistance Act. Producers must also have an ownership share and share in the risk of producing the crop. Quality Losses Stage 2 incorporates quality losses into the application and payment calculation, when applicable. Quality discounts will be addressed by adjusting production to count using a producer certified quality loss percentage. Verifiable evidence of quality factors must be provided to support the claimed quality loss percentage. The following two methods will be used to calculate the quality loss percentage. • Quality reductions for all crops, except forage, will be calculated using a decrease in value based on discounts provided at the point of sale due to the physical condition of the crop indicated by an applicable grading factor. • Quality reduction for forage crops will be based on nutritional value (Similar to NAP). This approach provides a range of specified values and calculates a percentage. FSA will establish a range of Relative Feed Value (RFV) which will be the same range already established under NAP, Total Digestible Nutrients (TDN), or some other measure of forage feed quality can be used to document the quality factors. Calculators for both methods to assist producer can be found at: fsa.usda.govlsdrn. How to Apply For Stage 2, FSA is using a streamlined process for eligible crop, tree, bush and vine losses leveraging existing NAP data as well as data on file with RMA for losses covered by certain federal crop insurance policies. Other FSA crop data, such as producer acreage reporting data and general crop data will be used when not available under crop insurance records and for uninsured applications. SDRP applicants must work with a FSA county office to complete an FSA-504, Supplemental Disaster Relief Program (SDRP) Stage 2 Application. Producers will submit the complete and signed FSA-504 to their FSA county office by one of the following methods: • In -person • Electronically using Box and One -span • Email • Fax • Visit a local FSA county office to request an application. In addition to submitting the FSA-504, Supplemental Disaster Relief Program (SDRP) Stage 2 Application, producers must have the following forms on file with FSA: • Form AD-2047, Customer Data Worksheet • Form CCC-902, Farm Operating Plan for an individual or legal entity • Form CCC-901, Member Information for Legal Entities (if applicable) • Farms FSA-S7o, Request for an Exception to the $125,000 Payment Limitation for Certain Programs (if applicable). This form must be on file for all applicable program years to be eligible for the payment limitation exception. • SF-3a3l, Direct Deposit • FSA-578, Report of Acreage, if applicable • AD-1026, Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification Most producers who have previously participated in FSA programs, likely have these forms on file. However, those who are uncertain and want to confirm the status of their forms, can contact their local FSA county offic . Stage 2 Payment Calculation Stage 2 payments are based on the SDRP adjusted NAP or Federal crop insurance coverage level the producer purchased for the crop. For uncovered participants the Stage 2 payment will be calculated using an adjusted SDRP coverage level of 70 percent. The net NAP or net Federal crop insurance payments (NAP or crop insurance indemnities minus administrative fees and premiums) will be subtracted from the SDRP calculated payment amount. Administrative fees and premiums will only be included if the calculated SDRP payment is greater than zero. FACTSHFFT • NOVFMBFR 2025 fsa.usda.gov The following tables show the adjusted SDRP coverage level based on the producer's selected crop insurance or NAP coverage level. SDRP" COVERAGE ADJUSTED SDRP CROP INSURANCE LEVEL COVERAGE LEVEL (PERCENT) Catastrophic coverage 75 More than catastrophic coverage 80 but less than 55 percent At least 55 percent but 82.5 less than 60 percent At least 60 percent but 85 less than 65 percent At least 65 percent but 87.5 less than 70 percent At least 70 percent but 90 less than 75 percent At least 75 percent but 92.5 less than 80 percent At least 80 percent 95 NAP ASSISTANCE NAP COVERAGE LEVEL ADJUSTED SDRP COVERAGE LEVEL (PERCENT) Catastrophic coverage 75 50 percent 80 55 percent 1 85 60 percent 90 65 percent 95 ADJUSTED SDRP UNINSURED/NOT COVERED BY NAP COVERAGE LEVEL (PERCENT) Uncovered (Uninsured) Commodities 70 The total SDRP, Stages 1 and 2, payment to indemnified producers will not exceed 90 percent of the loss and an SDRP payment factor of 35 percent will be applied to all SDRP payments. If additional SDRP funds remain, FSA may issue a second payment. Payment Limitation The payment limitation for SDRP, (Stage 1 and Stage 2 combined) for 2023, 2024, and/or 2025 is determined by the person's or legal entity's average adjusted gross farm income (income derived from farming, ranching, and forestry operations). Specifically, a person or legal FACTSHEET NOVEMBER2025 USDA is an equal opportunity provider, employer, and lender. entity, other than a joint venture or general partnership, cannot receive, directly or indirectly, more than $125,000 in payments for each year (2023, 2024, and/or 2025) under SDRP if their average adjusted gross farm income is less than 75 percent of their average AGI for the applicable base period. (2023 tax years are 2021, 2020, and 2019. 2024 tax years are 2022, 2021, and 2020.) If at least 75 percent of the person or legal entity's average AGI is derived from farming, ranching, or forestry related activities and the participant provides the required certification and documentation as outlined below, then the person or legal entity, other than a joint venture or general partnership, is eligible to receive, directly or indirectly, up to: • 900,000 for each program year for specialty and high - value crops; and • $250,000 for each program year for all other crops. To request the increased payment limitation, participants must file form FSA-510 complete with participants certification their average adjusted gross farm income is at least 75 percent of their average AGI and a certification from a Licensed Certified Public Accountant (CPA) or Attorney that the participant meets the requirements. This form is required to be on file for each year the payment limit exception is requested. To request the increased payment limitation, participants must file form FSA-510 complete with participants certification their average adjusted gross farm income is at least 75 percent of their average AGI and a certification from a Licensed Certified Public Accountant (CPA) or Attorney that the participant meets the requirements. This form is required to be on file for each year the payment limit exception is requested. Future Insurance Coverage Requirements All producers who receive SDRP payments are required to purchase federal crop insurance or NAP coverage for the next two available crop years at the 60 percent coverage level or higher. Producers who fail to purchase crop insurance for the next two available crop years will be required to refund the SDRP payment, plus interest, to USDA. For More Info USDA launched the 7023/7074 SuppplementaI DisasterAssistance public landing page where the status of USDA disaster assistance and block grant rollout timeline can be tracked. Additional USDA disaster assistance information can be found on farmers.gov, including the Disaster Assistance Discovery Tool, Disaster -at -a - Glance fact sheet, and the Loan Assistancelo-at. To learn more, scan the QR Code. FARMERSAW 'ir -a. v. 'i%- EPA Approves Extension Of Wisconsin's Multi- Discharger Variance The Wisconsin Department of Natural Resources (DNR) recently received approval from the U.S. Environmental Protection Agency (EPA) to extend the availability of the state's Multi -discharger Variance (MDV) for phosphorus. This will help the DNR assist facilities with complying with nutrient reduction requirements in permits in an effort to prevent harmful algal blooms and help achieve better water quality in Wisconsin. "We are excited that the EPA has approved an extension of our Multi -discharger Variance for phosphorus," said Adrian Stocks, Wisconsin DNR Water Quality Program director. "The MDV is an innovative and economical way for municipalities in Wisconsin to meet their permit requirements for phosphorus while also addressing non -point nutrient pollution." The MDV is used by approximately 150 municipal and industrial wastewater dischargers to delay imposition of lower phosphorus effluent limits when required facility upgrades would result in economic hardship for the local community. Dischargers covered under the variance take modest steps to improve phosphorus treatment while paying annually into a fund used by county land and water conservation departments to reduce phosphorus -laden agricultural runoff. Wisconsin's MDV has gained national recognition as a unique approach to addressing phosphorus pollution while maintaining affordability for sewer rate payers and companies producing goods within the state. County payments are used to fund beneficial agricultural practices, such as cover crops, reduced tillage or buffers along waterways. These practices are typically 10 times more cost-effective, on a dollar -per -pound basis, than treating phosphorus in wastewater. Because county payments are calculated based on the amount of phosphorus each wastewater facility discharges, there is an incentive for dischargers to install and optimize phosphorus treatment equipment as budgets allow. These modest treatment improvements, while not the extensive upgrades required to meet final phosphorus effluent limits, represent a significant improvement in effluent quality and commonly achieve 50-60% reductions in effluent phosphorus. The MDV, initially approved in 2017, was set to expire in 2027. With the reauthorization complete, wastewater dischargers may continue to utilize the MDV through 2035. County conservation programs will continue to receive an expected statewide total of $1.2 million annually from dischargers covered by the variance. A June 2025 report outlines DNR's evaluation of agricultural practices installed with MDV funding. The results show that counties are effectively using MDV payments and in total prevent approximately 20,000 pounds per year of phosphorus from entering Wisconsin waterbodies. This value nearly offsets the excess phosphorus from dischargers covered under the variance. While 20,000 pounds per year is a substantial effort, it represents a small portion of the total reduction needed to achieve the state's water quality targets. To learn more about the Multi -discharger Variance program, including a fact sheet and most recent DNR program policy, visit the DNR's website. Hidden costs of data centers Google Cloud, Microsoft Azure, Meta and Amazon Web Services are some of the largest data center developers expanding across the country. New projects include OpenAl and Oracle's Stargate project, which pledges to generate nearly a gigawatt of AI capacity, and multiple commitments to billion dollar investments in data centers across the country on behalf of Amazon Web Services. Advocates �jft that this growth strengthens the U.S. digital economy on the global stage, adds manufacturing jobs, and supports a carbon -free energy transition, along with offering other connectivity advantages for both urban and rural areas. However, the Al boom has severely impacted local communities; many researchers warn that data centers' massive water and energy demands are consuming power and straining local resources at alarming rates. Consulting firm ICF estimates that to meet the combined demand of Al, cloud computing and electrification, the U.S. would need to add 80 gigawatts of new generation capacity each year, though it currently produces around 65. Data centers consumed 183 terawatt-hours of electricity in 2024, over 4 percent of the nation's total, which is close to Pakistan's entire annual demand. By 2030, that figure could more than double. Because data centers are typically geographically concentrated, their power draw has been overwhelming local grids. In 2023, data centers accounted for 26 percent of total electricity use in Virginia; the state Data Center Alley houses more than 200 data centers. Cooling data center equipment also introduces a myriad of challenges. Data centers rely heavily on water to manage the heat generated by the equipment, and this water is often drawn from local freshwater supplies. With only 0.5 prcent of Earth's water safe for human use, so withdrawals like these become a sustainability concern. Meanwhile, electricity costs in regions dense with data centers have surged up to 267 percent higher than five years ago. Roughly two-thirds of U.S. electricity flows through state or regional grids, meaning wholesale price increases ripple outward, even to households hundreds of miles away and in different state jurisdictions. https://www.msn.com/en-us/money/markets/data-center County Total Estimated Funding - March 2026 Adams $ 19,370.32 Ashland $ 2.32 Barron $ 6,591.99 Bayfield $ - Brown $ 83,123.69 Buffalo $ 34,728.73 Burnett $ 3,909.03 Calumet $ 46,172.88 Chippewa $ 3,149.90 Clark $ 40,723.96 Columbia $ 32,939.52 Crawford $ 4,931.93 Dane $ 27,027.93 Dodge $ 12,819.05 Door $ 22,936.18 Douglas $ - Dunn $ 4,309.53 Eau Claire $ 13,260.55 Florence $ - Fond du Lac $ 92,800.30 Forest $ 2,408.14 Grant $ 115,057.32 Green $ 33,148.65 Green Lake $ 54,769.29 Iowa $ 12,671.54 Iron $ 95.75 Jackson $ 46,399.34 Jefferson $ 7,023.51 Juneau $ 11,150.93 Kenosha $ 17,562.57 Kewaunee $ 15,337.98 La Crosse $ 8,316.46 Lafayette $ 19,913.06 Langlade $ 8,900.10 Lincoln $ 7,704.24 Manitowoc $ 23,684.18 Marathon $ 18,859.66 Marinette $ 470.78 Marquette $ 68,479.27 Menominee $ 3,058.85 Milwaukee $ 14,496.60 Monroe $ 13,796.94 Oconto $ 9,027.04 Oneida $ 388.26 Outagamie $ 59,428.64 Ozaukee $ 15,599.67 Pepin $ 5,625.27 Pierce $ 38,776.99 Polk $ 13,031.87 Portage $ 8,744.50 Price $ 1,800.38 Racine $ 23,062.46 Richland $ 2,796.86 Rock $ 16,533.86 Rusk $ 760.39 Saint Croix $ 14,052.05 Sauk $ 12,451.17 Sawyer $ 559.75 Shawano $ 6,731.11 Sheboygan $ 25,218.80 Taylor $ 14,901.41 Trempealeau $ 49,829.83 Vernon $ 9,308.31 Vilas $ 83.71 Walworth $ 36,236.51 Washburn $ 1,192.81 Washington $ 22,072.18 Waukesha $ 39,820.06 Waupaca $ 5,855.21 Waushara $ 35,739.30 Winnebago $ 75,910.23 Wood $ 13,035.33 TOTAL $ 1,510,676.90 Assumptions of the estimate: 1. All counties will sign up for MDV funding in all watersheds. 2. Facilities' mass of phosphorus discharged September — December 2025 will reflect the average of real data pule 3. Permits scheduled for 101112025 reissuance will be reissued on time. Important: Please review the "2025 County Disbursement" tab in this spreadsheet to determine which HUC watershed(s) funding applies to. (Sort column C to locate each row applicable to your county) December overview Conservation: 1. Staff completed 101 of the 102 spot checks. One person couldn't be reached. 2. Of the 101 spot checks: 93 compliant, 4 need NMP, 4 non -compliant (2 opted out, 2 ownership changes) 3. We received 213 NMP covering 78, 243 acres for 2025, 14 NMP for 2026 covering 4205 acres 4. 17 producers will be issued a Notice of Non-compliance for not having a completed NMP submitted by the deadline. 3 of those are signed up for the SWTC class to complete a NMP. 5. Brady and Steve have been assisting at the SWTC NMP development classes 6. Steve, Brady, and myself attended the "Navigating Nitrogen "training put on by Grant, Iowa, and Layfette Counties in Darlington. 7. The tree sale has begun. We have received 9 orders so far. 8. 1 was out with Southwest Regional to review Kowalski-Kieler reclamation plan change. Final use change to include a stormwater retention pond for the industrial park. Year end overview: installed 7 stream crossings, 4 grassed waterways, closed 1 manure pit, decommissioned 9 wells (2 from 2024, 7 from 2025 funds), installed 143 feet of streambank protection using 50,875.97 of 2025 SWMR grant money. Right now, we have more projects planned for next year than we have funding for. Zoning: 1. Adam has complete 4, 2024 post construction inspections, 7, 2025 pre and 12 post 2025 inspections. 2. Continue working with Amish Community to build a more open communication with our department. 3. Our department met in the field with the DNR to review a current floodplain project with the landowner. The stream is undermining a structure in Beetown. This has prompted a conversation about updating our Floodplain Ordinance which would allow for the incorporation of Act 172. This allows for more than 50% of accessed value to be used for repairs/upgrades to a non -conforming structure. I have started the process already. The DNR is assisting developing the updated ordinance free of charge. 4. 1 have been in contact with the DNR about a multi -culvert installation that occurred off Sleepy Hollow Road. No permits were obtained from the County or DNR to install them in a special classification tributary to a trout stream. The state is concerned that the culverts will not handle the volume projected during a heavy rain event. The DNR is working the landowner. 5. 1 was going to issue an OFC against Second Wind Boat Repair. It was brought to my attention that the property is going to be up for public auction on March 3rd 2026. Legal counsel suggested we wait until the property is sold or otherwise tied up. 6. Remington Fields (kennel and dog training facility) outside of Dickeyville did not respond to the OFC and has moved into citation. 7. Richard Post court case was dropped. Mr. Post requested that they would not file another lawsuit if CSZD would not enforce the BOA'S decision. It was declined. Sanitation: 1. POWTS installations have ceased for the year due to weather conditions. Holding tanks may still be installed. 2. Jim and myself have been on multiple sites as contractors have been finishing up as many systems as possible prior to the weather change last week. 3. 3 new permits were issued in November for a total of 119 permits for 2025, three additional permits are in process waiting on a properly completed application or fee payment. 4. 12 at -grade reviews were completed by Jim in 2025 bringing in an additional $3000 to CSZD. 5. Notices went out to multiple plumbers to complete open systems by the end of the year. Several issues have already been addressed and the permits closed. Two have chosen to ignore us so far. 6. There is one new at -grade system install during the week of Sept 181h that was leaking from the downslope toe of the system. The discharge was identified during a Nov 16th inspection attempting to close the permit. The contractor was asked to isolate the cause of problem and make the appropriate repairs. Repairs were made, but due to the snowfall, cannot be verified.