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Oneida 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 requirement
2 feet above regional flood elevation
Standard section
§ 20.4.3(1)(a), Floodfringe District
Fill extent
1+ foot above flood elevation, 15+ feet out
Basement rule
No floor allowed below regional flood elevation
Applies to
Unincorporated towns, not Rhinelander or villages

Summary

Oneida County requires two feet of freeboard above the regional flood elevation for new construction in its mapped floodplain. Section 20.10.1 defines 'flood protection elevation' as that two-foot margin, and § 20.4.3(1)(a) makes the lowest floor of new Floodfringe District residential structures meet it before a permit issues.

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

FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) ... FREEBOARD — A safety factor expressed in terms of a specified number of feet above a calculated flood level. ... The elevation of the lowest floor, shall be at or above the flood protection elevation on fill unless the requirements of § 4.3(1)(b) can be met. The fill 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: rev 4929683; v20 updated 2026-04-21; through 04-21-2026).

Full Breakdown

1(36) as the safety factor that accounts for ice jams, debris, wave action and other causes of flood heights higher than the calculated level. 3(1)(a): in the Floodfringe District, the lowest floor of any new or moved-in residential structure, including a manufactured home, must sit at or above the flood protection elevation on fill, and that fill must extend one foot or more above the regional flood elevation for at least 15 feet beyond the structure's limits. 3(1)(b), a basement or crawlway floor may instead sit at the regional flood elevation only if it is floodproofed up to the flood protection elevation, and no basement or crawlway floor may ever go below the regional flood elevation.

3(1)(c) also requires contiguous dry-land access from the structure to land outside the floodplain, unless the County finds street or sewer elevations make that impractical and receives written assurance that police, fire and emergency services can reach the site by wheeled vehicle during a flood. Because Wis. 69 bars county zoning inside incorporated territory, this two-foot freeboard standard governs new construction in the unincorporated towns; Rhinelander and any village apply their own adopted floodplain ordinance to meet the same FEMA standard.

Violations & Fines

Building below the required flood protection elevation without a variance violates Chapter 20 and is enforced under § 20.9.1: the Corporation Counsel prosecutes, and a conviction carries a $50 forfeiture plus costs, with every day of noncompliance a separate offense. In the Floodway District a noncompliant addition can also be denied outright under § 20.6.2, since fill is barred there and floodproofing to the flood protection elevation is mandatory instead.

Frequently Asked Questions

How much freeboard does Oneida County require above the base flood elevation?
Two feet. Section 20.10.1(33) defines 'flood protection elevation' as two feet of freeboard above the water surface profile elevation set for the regional flood, and § 20.4.3(1)(a) requires the lowest floor of new residential construction in the Floodfringe District to sit at or above that elevation.
Can I put a basement below the flood elevation?
No. Under § 20.4.3(1)(b) a basement or crawlway floor may be placed at the regional flood elevation only if it is floodproofed up to the two-foot-higher flood protection elevation, and no basement or crawlway floor is ever allowed below the regional flood elevation itself.
Does this freeboard rule apply inside Rhinelander?
No. Wis. Stat. § 59.69 keeps county zoning out of incorporated cities and villages, so Chapter 20's freeboard standard governs the unincorporated towns. Rhinelander administers its own floodplain zoning ordinance to meet the same FEMA National Flood Insurance Program requirements.

Sources & Official References

Other rules in Oneida County

All Oneida County rules

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