Fond du Lac County, WI Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard required
- 2 feet above regional flood elevation
- Fill extent
- At least 15 feet beyond structure
- Applies to
- Floodway, floodfringe, general floodplain districts
- Permit needed
- Land use permit, zoning administrator
- Max penalty
- $50/day forfeiture, Art. IX
Summary
In the floodway, floodfringe and general floodplain districts of unincorporated Fond du Lac County, new residential construction and substantial improvements must have the lowest floor built to or above the flood protection elevation: the regional flood elevation plus two feet of freeboard. Fill must extend at least 15 feet beyond the structure, and a zoning administrator permit is required before construction begins.
(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 section 28-5(5). ... Flood protection elevation. ... An elevation of two feet of freeboard above the regional flood elevation.
Full Breakdown
Fond du Lac County Code § 28-58(1)(a) sets the elevation standard for residential development in the floodfringe district: new construction, placement of manufactured homes and substantial improvement of residential structures must have the lowest floor elevated to or above the flood protection elevation on fill, with the fill extending at least one foot above the regional flood elevation and at least 15 feet beyond the limits of the structure. The code's Article X definitions section pins down what "flood protection elevation" means: an elevation of two feet of freeboard above the regional flood elevation, so a structure's lowest floor sits two feet higher than the base flood mark the county's flood insurance rate maps show for that reach.
A basement or crawlspace floor may instead be set at the regional flood elevation only if it is designed watertight to the flood protection elevation, per § 28-58(1)(b). Accessory structures must also be built on fill with the lowest floor at or above the regional flood elevation under § 28-58(2). Nonresidential and manufacturing structures may floodproof to the same elevation instead of filling, under the certified floodproofing standards in § 28-105. Development in the floodway itself faces a stricter bar under § 28-43: an encroachment is prohibited unless an analysis by a Wisconsin-registered engineer shows no increase in flood elevation.
All of this applies only within the floodway, floodfringe and general floodplain districts mapped on the county's FEMA flood insurance rate maps for unincorporated Fond du Lac County; a land use permit from the zoning administrator (§ 28-101) is required before any fill, construction or substantial improvement, and a certificate of compliance, backed by a registered engineer's or architect's elevation certification, is required before occupancy.
Violations & Fines
Building below the flood protection elevation without a permit violates Chapter 28's Article IX enforcement provisions: on conviction, a violator forfeits up to $50.00 per day to the county, with each day of continued violation a separate offense, plus the costs of prosecution. The zoning administrator can also deny a certificate of compliance, blocking occupancy, and every violation of the chapter is declared a public nuisance the county, the state, or any citizen can sue to abate.
Frequently Asked Questions
How much freeboard does Fond du Lac County require above the base flood elevation?
Can I build a basement below the flood protection elevation?
Where does this rule apply in the county?
What happens if I build without the required elevation?
Sources & Official References
Other rules in Fond du Lac County
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