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Appleton, WI Environmental Rules: Flood Elevation Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Freeboard
2 feet above regional flood elevation
Fill requirement
1 ft above regional flood elev, 15 ft beyond structure
Basement/crawlway
Must dry-floodproof if at regional flood elevation
Floor limit
No floor allowed below regional flood elevation
Permit needed
Land use permit under § 23-291
Penalty
Up to $50/day forfeiture, § 23-311

Summary

Appleton requires new and moved residential structures in the Floodfringe District to set their lowest floor at or above the flood protection elevation, which the code defines as two feet of freeboard above the regional flood elevation. Fill supporting the structure must run at least one foot above the regional flood elevation and extend 15 feet beyond the building.

(a) 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. Any existing structure in the floodfringe must meet the requirements of Division 6 Nonconforming Uses; (1) The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Sec. 23-253(a)(2) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. (2) The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. However, no floor of any kind is allowed below the regional flood elevation.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Appleton Municipal Code § 23-253(a) governs elevation requirements for any residential structure, including a manufactured home, newly built or moved into the city's Floodfringe District (FF). Under § 23-253(a)(1), the lowest floor must sit at or above the flood protection elevation when the structure is built on fill, and that fill must extend one foot or more above the regional flood elevation for at least 15 feet beyond the structure's limits. Section 23-315 defines flood protection elevation as two feet of freeboard above the water surface profile elevation set for the regional flood, so the practical floor requirement is regional flood elevation plus two feet.

Section 23-253(a)(2) allows a basement or crawlway floor to sit at the regional flood elevation only if it is dry floodproofed to the flood protection elevation, but no floor of any kind may go below the regional flood elevation itself. Accessory structures under § 23-253(b) must be built on fill with the lowest floor at or above the regional flood elevation. Commercial structures follow the same residential standard under § 23-253(c), while manufacturing and industrial buildings under § 23-253(d) must either elevate the lowest floor to the flood protection elevation or meet the dry-floodproofing standards of § 23-295.

Contiguous dryland access from the structure to land outside the floodplain is required under § 23-253(a)(3) unless the city has written assurance from police, fire and emergency services that wheeled-vehicle rescue is available, or a DNR-approved evacuation plan is in place. A land use permit from the zoning administrator, per § 23-291, is required before any of this construction begins, and elevation certification documentation is part of that permit record.

Violations & Fines

Any violation of the floodplain zoning ordinance, including building below the required flood protection elevation, is referred to the municipal attorney for prosecution under § 23-311. A conviction carries a forfeiture of not more than $50.00 plus taxable costs, and each day the violation continues is a separate offense. The city may also treat the violation as a public nuisance subject to injunction or abatement by the municipality, the state, or any citizen.

Frequently Asked Questions

How high above the flood elevation must a house be built in Appleton?
The lowest floor must be at or above the flood protection elevation, which Appleton Municipal Code § 23-315 defines as two feet of freeboard above the regional flood elevation. Fill supporting the structure must extend at least one foot above that flood elevation and reach 15 feet beyond the building's limits under § 23-253(a)(1).
Can a basement be built below the flood protection elevation in Appleton?
Yes, but only if it is dry floodproofed. Section 23-253(a)(2) allows a basement or crawlway floor at the regional flood elevation if dry floodproofed to the flood protection elevation, but no floor of any kind is permitted below the regional flood elevation itself.
What happens if a structure in Appleton's floodfringe is built too low?
The city refers the violation to the municipal attorney under § 23-311. A conviction brings a forfeiture of up to $50.00 plus costs, with each day of noncompliance counted as a separate offense, and the city can seek injunction or abatement as a public nuisance.

Sources & Official References

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