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

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

Key Facts

Freeboard
2 feet above the 100-year flood elevation
New construction
Banned outright in the FPO Floodplain Overlay District
Reconstruction standard
Lowest floor elevated to or above base flood elevation
Enforcing agency
Kenosha County Department of Planning and Development
Variance
No variance allowed from the new-structure ban
Applies in
Unincorporated towns only, not City of Kenosha

Summary

Kenosha County requires the lowest floor of any rebuilt or elevated structure in the floodplain, including the basement, to sit at or above the base flood elevation, and floodproofed structures to reach two feet above the 100-year flood, the flood protection elevation. New structures are barred outright from the FPO Floodplain Overlay District, with no variances allowed. The Department of Planning and Development enforces the standard under county zoning, which governs only unincorporated towns.

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

(c) As provided under ss.87.30(1d) nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster. “Nonflood disaster” means a fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood. The repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event; provided, that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.

1. Residential Structures (Mobile Home/Manufactured Home).

a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements 12.11.040(l).

b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 37 (2026), passed March 17, 2026).

Full Breakdown

County zoning Chapter 12 splits floodplain regulation into two tracks. 010(j) bans new construction outright: no structures, dwellings, mobile or manufactured homes, or shelters may be located, moved or placed on lands in the FPO Floodplain Overlay District, and the ban is strictly construed with no variances. 100 governs what happens when an existing nonconforming building in the floodplain is damaged. A structure destroyed by flood itself cannot be rebuilt at all. But a nonconforming building damaged by a nonflood disaster (fire, ice storm, tornado, windstorm, mudslide) under Wis.

Stat. 30(1d) can be restored to its pre-damage size and use if the owner meets minimum federal code requirements and pulls permits before construction starts. 100(c)(1)(a) requires the lowest floor, including the basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls, anchored against flotation and lateral movement, with utilities and HVAC equipment placed to keep water out during flooding. 040(l): two feet above the 100-year recurrence interval flood, certified by a registered engineer or architect with a FEMA Floodproofing Certificate on file.

Any enclosed foundation area below that elevation needs flood-resistant materials and at least two automatic-entry openings totaling one square inch per square foot of enclosed area, with openings no higher than 12 inches above grade. All of this applies only in the towns that adopted county zoning; the City of Kenosha, the City of Lake Geneva, and the county's villages regulate their own floodplains under separate municipal codes.

Violations & Fines

Building or rebuilding in the floodplain without a Planning and Development permit is a violation; the ordinance presumes noncompliance until the owner produces the required lowest-floor elevation certificate, floodproofing certificate, or floodway encroachment calculations. The Department can deny or revoke permits, and Section 12.60.040 requires FEMA and DNR review before any map or floodway change takes effect. Structures placed in the FPO Floodplain Overlay District itself face outright removal exposure, since Section 12.37.010(j) allows no variance from the construction ban.

Frequently Asked Questions

Can I build a new house in the Kenosha County floodplain?
No. Section 12.37.010(j) of the county zoning ordinance bars any new structure, dwelling, mobile home, or shelter from land in the FPO Floodplain Overlay District, stating the ban shall be strictly construed and shall not be subject to variances. The only exceptions are public water-control facilities, bridges, and utilities. This applies in the unincorporated towns; the City of Kenosha enforces its own separate code.
What elevation must a rebuilt flood-damaged home reach?
Under Section 12.39.100(c)(1)(a), a nonconforming residential or manufactured home rebuilt after a nonflood disaster must have its lowest floor, including the basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls, and anchored against flotation and lateral movement.
How much freeboard does Kenosha County require above the base flood elevation?
Two feet. Section 12.11.040(l) defines the flood protection elevation as at least two feet above the 100-year recurrence interval flood, and floodproofing plans must be certified by a registered engineer or architect with a FEMA Floodproofing Certificate before a permit or variance issues.

Sources & Official References

Other rules in Kenosha County

All Kenosha County rules

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