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Dane County, WI Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard required
2 feet above regional flood elevation
Applies to
New/substantially improved floodfringe residences
Accessory structures
Regional flood elevation, no freeboard
Floodproofing alternative
Certified design under s. 17.12(5)
Administrator
Dane County Zoning Division (unincorporated areas)

Summary

Dane County's floodplain zoning ordinance requires two feet of freeboard above the regional flood elevation before a structure counts as flood-protected, and new or substantially improved residential structures built in the floodfringe must have their lowest floor at or above that flood protection elevation or meet certified floodproofing standards instead.

City-specific rules exist: Madison, Sun Prairie, Middleton, and Fitchburg have their own flood elevation requirements rules that differ from Dane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(33) FLOOD PROTECTION ELEVATION - An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.) ... (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; 1. 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 or meet the floodproofing standards in s. 17.12(5).

Full Breakdown

Chapter 17, the county's Floodplain Zoning ordinance, defines 'Flood Protection Elevation' in s. 06(33) as an elevation of two feet of freeboard above the Regional Flood Elevation, a cushion meant to compensate for factors like ice jams, debris accumulation, wave action, and watershed urbanization that can push actual flood heights above the calculated regional flood level. That two-foot standard becomes an operative construction requirement in s. 09(3)(a)1, which governs residential development in the Floodfringe District: any structure, including a manufactured home, that is newly constructed or moved into the floodfringe, and any substantial improvement of an existing residential structure, must have its lowest floor elevated to or above the flood protection elevation, or alternatively meet the dry-floodproofing standards spelled out in s.

12(5). Accessory structures face a related but distinct standard under s. 09(3)(b), new construction and substantial improvements must be built on fill with the lowest floor at or above the plain regional flood elevation, without the extra two-foot freeboard. The Dane County Zoning Division administers floodplain permits and serves as floodplain administrator for the unincorporated, rural portions of the county; incorporated cities and villages within Dane County, including Madison, administer their own floodplain ordinances for land inside their limits.

Violations & Fines

Building or substantially improving a residential structure in the floodfringe without meeting the flood protection elevation or an approved floodproofing certificate is a violation enforceable under Chapter 17's administration and enforcement provisions, which draw on the same citation and forfeiture authority the county uses for zoning violations generally; a non-compliant structure can also be denied a certificate of compliance and barred from occupancy until it meets the standard.

Frequently Asked Questions

What is the 'flood protection elevation' in Dane County?
It's two feet of freeboard above the Regional Flood Elevation, as defined in s. 17.06(33) of the county's Floodplain Zoning ordinance. It's the elevation a structure's lowest floor generally has to reach or exceed to be considered adequately protected.
Do I need two feet of freeboard for a shed near the floodplain?
No: accessory structures in the floodfringe only need the lowest floor at or above the plain Regional Flood Elevation under s. 17.09(3)(b), without the extra two-foot freeboard that residential structures must meet under s. 17.09(3)(a)1.
Who enforces flood elevation requirements on my Dane County property?
The Dane County Zoning Division administers Chapter 17 as floodplain administrator for unincorporated areas; if your property is inside Madison or another incorporated city or village, that municipality's own floodplain ordinance and staff apply instead.

Sources & Official References

Other rules in Dane County

All Dane County rules

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