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Burlington, WI Environmental Rules: Flood Zones (2026)

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

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.

Key Facts

Governing chapter
Ch. 119, adopted 3-6-2012
Districts created
Floodway, Floodfringe Overlay, General Floodplain
Administering officials
Zoning Administrator, Plan Commission
Penalty range
$10 to $50 per day, plus costs
Fill exemption threshold
2 feet above regional flood elevation
Appeals body
Board of Adjustment/Appeals

Summary

Burlington's Floodplain Zoning Ordinance divides regional floodplain land along the Fox River into Floodway, Floodfringe Overlay and General Floodplain Districts. Development must meet permit and elevation standards administered by the Zoning Administrator, and violators face a forfeiture of $10 to $50 per day plus court costs.

§ 119-36. Enforcement and penalties. Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the Municipal Attorney, who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $10 and not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. ... The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and is contained within AE Zones as shown on the FIRM.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Chapter 119 of the Burlington City Code, adopted March 6, 2012 by Ordinance No. 1942(19), regulates all land covered by the regional or base flood as mapped on the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for both the Racine County and Walworth County portions of the city, since Burlington straddles both counties. The chapter creates three districts: the Floodway District (FW), covering the river channel and adjoining land needed to carry floodwaters; the Floodfringe Overlay District (FFO), the area between the floodway and the regional flood limit; and the General Floodplain District (GFP), areas that may flood but lack a determined floodway boundary.

Maps are on file with the Director of Public Works. Only open-space and other listed uses are permitted in the Floodway District, and any development in the FW, GFP or FFO Districts requires a zoning permit under § 119-27, with all uses not listed as permitted uses expressly prohibited. The Zoning Administrator resolves discrepancies between mapped boundaries and actual field conditions using flood profile elevations, and any significant map discrepancy must be amended through the Article VIII amendment process, with FEMA approval required where base flood elevations come from a FIRM.

Land cannot be removed from the floodplain by fill unless the fill reaches at least two feet above the regional or base flood elevation, is contiguous to non-floodplain land, and the map is formally amended. The City Plan Commission and Zoning Administrator jointly administer these provisions, and appeals of permit denials go to the Board of Adjustment/Appeals under § 119-30.

Violations & Fines

Any violation of Chapter 119 is referred to the Municipal Attorney for prosecution. Upon conviction, a violator forfeits not less than $10 nor more than $50 per offense, plus taxable court costs, and each day a violation continues is a separate offense. Every violation is also declared a public nuisance, allowing the City, the state, or any citizen to sue to enjoin or abate it under § 87.30, Wis. Stats.

Frequently Asked Questions

What districts does Burlington's floodplain ordinance create?
Chapter 119 establishes three districts: the Floodway District along the channel needed to carry regional floodwaters, the Floodfringe Overlay District between the floodway and the flood limit, and the General Floodplain District for areas without a determined floodway boundary, based on FIRM zones AE, A1-30, A, AH and AO.
Do I need a permit to build in a Burlington floodplain?
Yes. Any development in the Floodway, Floodfringe Overlay or General Floodplain District requires a zoning permit under § 119-27, and only uses listed as permitted uses in the applicable district's section are allowed; all other uses are prohibited.
What is the penalty for violating Burlington's floodplain ordinance?
A violator forfeits between $10 and $50 per offense plus taxable court costs, with each day a violation continues counted as a separate offense; the Municipal Attorney prosecutes, and violations are also treated as a public nuisance that can be enjoined by lawsuit.

Sources & Official References

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