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Fond du Lac County, WI Environmental Rules: Flood Elevation Requirements (2026)

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

These county ordinances apply to unincorporated areas of Fond du Lac County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
The code defines flood protection elevation as two feet of freeboard above the regional flood elevation under Article X's definitions section. New residential construction, placed manufactured homes and substantial improvements in the floodfringe district must have their lowest floor built to or above that two-foot-higher elevation, per Code § 28-58(1)(a).
Can I build a basement below the flood protection elevation?
Only if it is designed watertight. Section 28-58(1)(b) allows a basement or crawlspace floor at the regional flood elevation instead of the higher flood protection elevation, but only when engineered so the space below the flood protection elevation is impermeable to water and can resist hydrostatic and hydrodynamic loads.
Where does this rule apply in the county?
Only within the mapped floodway, floodfringe and general floodplain districts of unincorporated Fond du Lac County shown on the county's FEMA flood insurance rate maps. Land inside incorporated cities and villages, such as the City of Fond du Lac or Ripon, is regulated under that municipality's own floodplain ordinance, not this county chapter.
What happens if I build without the required elevation?
The zoning administrator can refuse to issue the certificate of compliance needed for occupancy, and Article IX makes any violation of Chapter 28 punishable by a forfeiture of up to $50.00 per day, each day counted separately, plus prosecution costs and possible nuisance-abatement action by the county.

Sources & Official References

Other rules in Fond du Lac County

All Fond du Lac County rules

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