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

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

Key Facts

Required freeboard
Two feet above regional flood elevation
Flood storage district fill height
At least 1 foot above regional flood elevation
Fill extension requirement
At least 15 feet beyond structure limits
Variance allowed below regional flood elevation
None permitted
Administering office
County Zoning Administrator

Summary

Walworth County requires two feet of freeboard above the regional flood elevation for structures in floodplain districts, and any habitable structure in a flood storage district must sit on fill with its lowest floor at or above that flood protection elevation.

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

Sec. 74-131. - Definitions. ... Flood protection elevation: An elevation two feet of freeboard above the water surface profile elevation designated for the regional flood. This safety factor, also called a "free-board", is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. S ... ec. ... 74-173. - Floodplain overlay regulations. ( ... j)(7) ... Any structure or building used for human habitation (seasonal or permanent) which is to be erected in a flood storage district ... shall be placed on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation. Fill shall be at least one foot above the regional flood elevation and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon and dryland access shall be provided. ... No variance may be granted to allow any floor below the regional flood elevation.

Full Breakdown

Code § 74-131 defines "flood protection elevation" as an elevation two feet of freeboard above the water surface profile elevation designated for the regional flood, a safety margin meant to cover unknown factors such as ice jams, debris accumulation, wave action, bridge-opening obstructions, and the effects of watershed urbanization that can push actual flood heights above computed levels. That two-foot freeboard standard governs construction throughout the Floodplain Overlay District created under § 74-173, pursuant to Wis. 30 and NFIP regulations. Under § 74-173(j)(7), any structure or building intended for seasonal or permanent human habitation that is erected, constructed, reconstructed, structurally altered, or moved into a Flood Storage District must be placed on fill with the finished surface of the lowest floor, excluding basement or crawlway, at or above the flood protection elevation.

That fill must be at least one foot above the regional flood elevation and must extend at that elevation for at least 15 feet beyond the structure's limits, with dryland access provided. If the structure has a basement or crawlway, the floor of that space must sit at or above the regional flood elevation itself and be floodproofed up to the flood protection elevation in accordance with Wis. Admin. 16. The Zoning Administrator, who administers the floodplain ordinance under § 74-116, reviews all such applications, and the ordinance flatly states that no variance may be granted to allow any floor below the regional flood elevation, closing off the most common route property owners elsewhere use to avoid an elevation standard.

Violations & Fines

No variance may be granted to place a floor below the regional flood elevation, per § 74-173(j)(7); this is an absolute bar, not a discretionary standard. Construction that does not meet the freeboard or fill requirements is subject to the same stop-work-order and citation enforcement the Zoning Administrator applies to other zoning violations under §§ 74-117 and 74-123, including referral to the Corporation Counsel for uncorrected violations.

Frequently Asked Questions

What is the flood protection elevation in Walworth County?
Code § 74-131 defines it as an elevation two feet of freeboard above the water surface profile elevation for the regional flood, a buffer meant to cover unknowns like ice jams, debris, and wave action that can push real flood heights higher than modeled.
How high must a habitable structure sit in a flood storage district?
Under § 74-173(j)(7), the lowest floor, excluding basement or crawlway, must be at or above the flood protection elevation, placed on fill at least one foot above the regional flood elevation extending 15 feet beyond the structure.
Can the county grant a variance for a lower floor elevation?
No. Section 74-173(j)(7) states outright that no variance may be granted to allow any floor below the regional flood elevation, regardless of hardship arguments the Board of Adjustment might otherwise consider.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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