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Middleton, 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 ft above Regional Flood Elevation
Fill extent
15 ft beyond structure, 1 ft above RFE
Adopted
Ord. No. O1651, April 1, 2025
Max fine
$50 per day (§ 24.10)
Administered by
City Zoning Administrator, City Hall

Summary

Middleton's Floodplain Zoning Ordinance requires the lowest floor of new and substantially improved residential structures in the floodfringe to sit at or above the flood protection elevation, defined as two feet of freeboard above the Regional Flood Elevation, with fill extending at least 15 feet past the structure.

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 on fill. The fill around the structure shall be one (1) foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. ... (33)"Flood Protection Elevation" means an elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: Freeboard.)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Chapter 24, readopted by Ord. No. O1651 on April 1, 2025, defines 'Flood Protection Elevation' as an elevation of two feet of freeboard above the Regional Flood Elevation (Section 24.11(33)). In the Floodfringe District, new construction, manufactured homes, and substantial improvements to residential structures must have their lowest floor elevated to or above that flood protection elevation on fill, with the fill extending at least one foot above the regional flood elevation for a minimum of 15 feet beyond the structure's limits (Section 24.05(3)(a)1). A basement or crawlspace floor may instead sit at the regional flood elevation only if it is engineered watertight to resist hydrostatic and hydrodynamic loads, and no floor of any kind may go below the regional flood elevation (Section 24.05(3)(a)2).

In the Floodway District, accessory structures must either sit at or above the flood protection elevation or be dry floodproofed and certified by a registered engineer or architect (Section 24.04(3)(b)). In Zone AO, where the map does not list a flood depth, structures default to two feet above the highest adjacent natural grade (Section 24.06(1)(d)1). The City's Zoning Administrator, based at Middleton City Hall, 7426 Hubbard Avenue, reviews floodplain permit applications, documents certified lowest-floor elevations, and reports variances and map amendments to the DNR within ten days (Section 24.08(1)).

Violations & Fines

Failure to obtain a floodplain development permit before building, filling, or altering a structure in a mapped flood hazard area is a violation of Chapter 24, punishable under Section 24.10 by a forfeiture of not more than $50 per day, with each day of continued violation a separate offense, referred to the municipal attorney for prosecution. Every violation is also a public nuisance that the City, the state, or any citizen may enjoin or abate under Wis. Stat. Section 87.30.

Frequently Asked Questions

How much freeboard does Middleton require above the base flood elevation?
Two feet. Section 24.11(33) defines the 'Flood Protection Elevation' as two feet of freeboard above the Regional Flood Elevation, and residential structures in the floodfringe must have their lowest floor built to or above that height.
Can I finish a basement in Middleton's floodfringe?
Only if it is engineered watertight to the flood protection elevation standard and no floor sits below the regional flood elevation; Section 24.05(3)(a)2 requires certification that the design resists hydrostatic and hydrodynamic loads.
What happens if I build in the floodplain without a permit?
It's a violation of Chapter 24 punishable under Section 24.10 by a forfeiture of up to $50 per day, and the City, state, or any citizen may also sue to enjoin the violation as a public nuisance.

Sources & Official References

Other rules in Middleton

All Middleton rules

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