FEMA flood zone rules in Burlington, WI — also called floodplain regulations or special flood hazard area (SFHA) rules — determine flood insurance requirements and elevation standards for new construction.
Burlington regulates floodplain development through Chapter 119 (Floodplains) of the City Code, adopted by Ordinance No. 1942(19) on March 6, 2012. Chapter 119 establishes three districts: the FW Floodway District, the FFO Floodfringe Overlay District, and the GFP General Floodplain District. Boundaries are based on the Supplementary Floodland Zoning Map dated April 7, 1982 (and amendments) and FEMA Flood Insurance Rate Maps for the City of Burlington (Racine and Walworth Counties). The chapter is adopted under Wis. Stat. Sec. 87.30 and Wis. Admin. Code Ch. NR 116, and Burlington participates in the FEMA National Flood Insurance Program.
Chapter 119 of the City of Burlington Code was adopted by Ordinance No. 1942(19) on March 6, 2012, replacing the prior floodland zoning ordinance. The statutory authority is Wis. Stat. Sec. 87.30 (Floodplain Zoning) and the Wisconsin DNR rules at Wis. Admin. Code Ch. NR 116 (Wisconsin's Floodplain Management Program), which require every Wisconsin community with mapped floodplains and NFIP participation to adopt a floodplain ordinance meeting state minimum standards. Chapter 119 establishes three regulatory districts: (1) the FW Floodway District, applied where floodway boundaries have been determined; (2) the FFO Floodfringe Overlay District, applied to mapped floodfringe areas; and (3) the GFP General Floodplain District, which applies to all floodplains mapped as A, AO, or AH Zones where detailed studies have not yet established a floodway. District boundaries are determined according to Sec. 119-1.5 and shown on the 'Supplementary Floodland Zoning Map, City of Burlington, Wisconsin' dated April 7, 1982, and subsequent amendments, together with FEMA Flood Insurance Rate Maps. Burlington's mapped floodplains include reaches of the Fox River and the White River, both of which flow through the city. Wisconsin's NR 116 standard requires that the lowest floor of new or substantially improved residential structures in the Special Flood Hazard Area be elevated to or above the Regulatory Flood Protection Elevation, which is the Base Flood Elevation plus 2 feet of freeboard. Floodway uses are restricted to those that do not obstruct flow or increase flood heights; fill, structures, and most development are prohibited in the floodway under Chapter 119 and NR 116. Substantial improvements (work whose cost equals or exceeds 50% of the structure's pre-improvement market value) trigger full compliance with the floodplain regulations. Annexed lands containing floodlands must be placed in an appropriate floodplain district under Chapter 119. Federal NFIP minimum standards apply at 44 CFR Parts 59-60.
Development in a floodplain district without a floodplain zoning permit, or in violation of floodway, freeboard, or substantial-improvement standards, is a violation of Chapter 119. Enforcement may include stop-work orders, removal of unlawful structures or fill, after-the-fact permitting, citations, and forfeitures. Continued non-compliance can jeopardize the City's good standing in the FEMA National Flood Insurance Program, raising insurance costs for all residents.
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