Section NR 116.13 - Development standards in floodfringe areas(1) GENERAL. (a) Municipalities, using the appropriate procedure described in s. NR 116.21, may issue permits allowing uses in floodfringe areas which are compatible with the criteria in this section.(b) All floodfringe developments shall be compatible with local land use plans. In the absence of formal plans, development shall be compatible with the uses permitted in adjoining districts.(c) Floodfringe developments may be permitted only if such developments do not cause an obstruction to flood flows of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems or if amendments are made to the affected official floodway lines, water surface profiles, floodplain zoning maps and floodplain zoning ordinances in accordance with the provisions of ss. NR 116.11 and 116.21(6).(d) Floodfringe developments may be permitted only if such developments do not affect the conveyance capacity by causing an obstruction to flow or storage capacity of the floodplains, such that it causes any increase in the regional flood height or discharge.(2) RESIDENTIAL USES. (a) Any structure or building used for human habitation (seasonal or permanent), which is to be erected, constructed, reconstructed, structurally altered or moved into the floodfringe area shall be place on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation. If any such structure or building has a basement or crawlway, the surface of the floor of the basement or crawlway shall be at or above the regional flood elevation and shall be floodproofed to the flood protection elevation in accordance with s. NR 116.16. No variance may be granted to allow any floor below the regional flood elevation. An exception to the basement requirement may be granted by the department, but only in those communities granted such exception by the federal emergency management agency (FEMA) on or before March 1, 1986.(b) For all uses under this subsection: 1. Fill shall be not less than one foot above the regional flood elevation;2. Fill shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon; and3. Dryland access shall be provided.(c) If existing streets or sewer lines are at elevations which make compliance with par. (b) impractical, the department may approve the use of other floodproofing measures or methods in accordance with s. NR 116.16. The structure or building shall be floodproofed to the flood protection elevation.(d) If existing streets or sewer lines are at elevations which make compliance with par. (b) 3. impractical, the municipality may permit new development and substantial improvements where access roads are at an elevation lower than the regional flood elevation, provided: 1. The municipality has an adequate natural disaster plan which has been concurred in by the division of emergency government and approved by the department; or2. The municipality has written assurance from the appropriate units of police, fire and emergency services that rescue and relief can be provided by wheeled vehicles to the structures during regional flooding, taking into account the anticipated depth, duration and velocity of the regional flood event in the area, thereby protecting human life and health and minimizing property damage and economic loss.(3) ACCESSORY USES. Accessory structures not connected to a principal structure, including nonresidential agricultural structures, shall meet the applicable provisions of s. NR 116.12(2) (a) 1., 2., 5. and 6. and sub. (6). Any such accessory structure may be constructed at elevations lower than the flood protection elevation. However, no accessory structure may be inundated to a depth greater than 2 feet or subject to flood velocities greater than 2 feet per second upon the occurrence of the regional flood.(3m) PERMITTED USES, NO PERMIT REQUIRED. Camping in a camping unit in a floodfringe area outside of an approved campground under s. NR 116.12(2) (b) is allowed without a permit if the camping unit consists of nothing more than an easily removable tent or if the following criteria are met: (a) The camping unit is a mobile recreational vehicle;(b) The camping unit is on a parcel of land that has less than 4 camping sites and the parcel is not advertised, represented or used as a camping area; and(c) The camping unit may not occupy the site for a period of more than 180 consecutive days.(4) COMMERCIAL USES. Any commercial structure or building which is to be erected, constructed, reconstructed, altered or moved into the floodfringe area shall meet the requirements of sub. (2). Certain yards, parking lots and other accessory structures or uses may be at elevations lower than the flood protection elevation. However, no such area in general use by the public may be inundated to a depth greater than 2 feet or subjected to flood velocities greater than 2 feet per second upon the occurrence of the regional flood. Inundation to depths greater than 2 feet may be approved provided an adequate warning system exists to protect life and property.(5) MANUFACTURING AND INDUSTRIAL USES. Any manufacturing or industrial structure or building which is to be erected, constructed, reconstructed, altered or moved into the floodfringe district shall be protected to the flood protection elevation utilizing fill, adequate floodproofing measures or any combination thereof. On streams or rivers having protracted flood durations, greater protection may be required to minimize interference with normal plant operations. A lesser degree of protection, compatible with these criteria and the criteria in sub. (4), may be permissible for storage yards, parking lots and other accessory structures or uses.(6) STORAGE OF MATERIALS. Storage of any materials which are buoyant, flammable or explosive, or which in times of flooding could be injurious to property, water quality or human, animal, plant, fish or aquatic life, shall be either floodproofed to or placed at or above the flood protection elevation. Adequate measures shall be taken to assure that these materials will not enter the river or stream during flooding.(7) PUBLIC UTILITIES, STREETS AND BRIDGES. (a) If failure or interruption of public facilities would result in danger to the public health or safety or if such facilities are essential to the orderly functioning of the area, adequate floodproofing measures shall be provided to the flood protection elevation; a lesser degree of protection may be provided for minor or auxiliary roads or utilities if these conditions do not exist.(b) Public utilities, roads, streets and bridges within the floodfringe shall be designed to be compatible with the local floodplain development plans.(8) PRIVATE SEWAGE SYSTEMS. All private sewage systems shall meet the applicable provisions of the local ordinances and ch. SPS 383.(9) WELLS. All wells, whether public or private, shall be floodproofed to the flood protection elevation and shall meet the applicable provisions of chs. NR 811 and 812.(10) SOLID OR HAZARDOUS WASTE DISPOSAL FACILITIES. All solid or hazardous waste disposal facilities, whether public or private, are prohibited in floodfringe areas.(11) DEPOSITION OF MATERIALS. Any deposition of materials for any purpose may be allowed only if the provisions of this section are met.Wis. Admin. Code Department of Natural Resources NR 116.13
Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (9) made under s. 13.93(2m) (b) 7, Stats., Register, September, 1995, No. 477; cr. (3m), Register, June, 1996, No. 486, eff. 7-1-96; correction in (8) made under s. 13.93(2m) (b) 7, Stats., Register July 2001, No. 547; correction in (8) made under s. 13.92(4) (b) 7, Stats., Register January 2012 No. 673.