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New Berlin, WI Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Governing section
§ 275-65 D(3)(a), Floodfringe District
Freeboard on fill
At least 1 foot above regional flood elevation
Fill extent
Extends 15 feet beyond the structure
Zone AO alternative
FIRM depth plus 1 foot of freeboard
Existing structures
Governed by nonconforming rules in § 275-65 F
Penalty
$10 to $50 forfeiture per day

Summary

New homes and substantial improvements built in New Berlin's Floodfringe District must have their lowest floor raised to or above the flood protection elevation on fill, with the fill reaching at least one foot above the regional flood elevation and extending 15 feet beyond the structure, under City Code § 275-65 D(3)(a)[1].

(a)Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe area shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Section 275-65 F.[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 foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.

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

New Berlin folds its base-flood-elevation and freeboard requirements into the development standards for each floodplain district in § 275-65. In the Floodfringe District, § 275-65 D(3)(a) requires any newly constructed or relocated residential structure, including a manufactured home, to have its lowest floor elevated to or above the flood protection elevation, and that elevation must be achieved on fill: the fill placed around the structure has to reach at least one foot above the regional flood elevation and extend at least 15 feet beyond the structure's outer limits.

An existing structure already standing in the floodfringe is instead held to the nonconforming-use standards in § 275-65 F rather than this new-construction rule. The code applies a parallel but distinct standard to Zone AO parcels inside the General Floodplain District: § 275-65 E(1)(d)[1][a] requires the lowest floor, including any basement, to be elevated to or above the depth shown on the Flood Insurance Rate Map above the highest adjacent natural grade, plus one additional foot of freeboard, or, where the FIRM does not specify a depth, to or above three feet above the highest adjacent grade.

Zone AH structures in the same district must instead reach the flood protection elevation outright. Public utilities and equipment serving these structures must also be elevated to or above the flood protection elevation, and sanitary sewer, well and septic components are separately required to be designed to minimize floodwater infiltration up to that same elevation. These are development standards enforced at the permit stage: the Department of Community Development will not issue a floodplain development permit for a design that leaves the lowest floor below the required elevation.

Violations & Fines

Approving construction that leaves a lowest floor below the required elevation, or occupying a structure that was never elevated to standard, is a violation of § 275-65 enforced under § 275-65 I: the City Attorney can prosecute, and conviction carries a forfeiture of $10 to $50 per offense with each day of noncompliance counted separately. The Director can also require corrective fill or elevation work before issuing any further permits for the property.

Frequently Asked Questions

How high above flood level must a new house be built in New Berlin?
In the Floodfringe District, § 275-65 D(3)(a)[1] requires the lowest floor of a new or substantially improved residential structure to sit at or above the flood protection elevation, built on fill that reaches at least one foot above the regional flood elevation and extends at least 15 feet past the structure on every side.
Does New Berlin require extra freeboard above the base flood elevation?
Yes, in Zone AO. Section 275-65 E(1)(d)[1][a] requires the lowest floor, including any basement, to reach the depth shown on the FIRM above the highest adjacent natural grade plus one additional foot of freeboard, or three feet above the highest adjacent grade if the FIRM lists no depth. Floodfringe fill separately must clear the regional flood elevation by a foot.
What happens to a house already below the required flood elevation in New Berlin?
An existing structure in the floodfringe is governed by the nonconforming-use rules in § 275-65 F rather than the new-construction elevation standard, but any substantial improvement to it triggers the same lowest-floor elevation and fill requirements in § 275-65 D(3)(a) that apply to new construction.

Sources & Official References

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