Fond du Lac County, WI Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Fond du Lac County, 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 sections
- County Code §§ 28-41 through 28-44
- Habitable structures
- Prohibited outright in the floodway
- Development study
- Registered engineer must analyze flood-height impact
- Penalty
- Forfeiture up to $50 per day of violation
- Enforcement path
- Corporation counsel prosecution or public-nuisance abatement
Summary
Unincorporated land mapped in the floodway of Fond du Lac County is limited to open-space uses like farming, parks and boat ramps; habitable structures and most new fill are barred outright. County Code Sec. 28-42 lists what's allowed, Sec. 28-43 requires an engineering study for any encroachment, and violators face a forfeiture of up to $50 per day under Article IX.
This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to section 28-71(5). ... Any encroachment in the regulatory floodway is prohibited unless the data submitted for section 28-43(1)(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in section 28-5(5). ... A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense.
Full Breakdown
County Code Chapter 28, Article III governs the floodway district, the channel and adjacent land that carries the regional flood, on the floodplain zoning maps for unincorporated Fond du Lac County (Sec. 28-41). Sec. 28-42 limits the floodway to open-space uses: farming and plant nurseries; nonstructural industrial or commercial uses such as loading and parking areas; nonstructural recreation like golf courses, boat ramps and hiking trails; accessory or historic structures; sand and gravel extraction; water-dependent uses such as docks and dams; public utilities, streets and bridges; and portable latrines, wells and sewer or water lines that meet added standards.
Sec. 28-43 requires anyone proposing development in the floodway to submit an analysis from a Wisconsin-registered professional engineer showing the effect on regional flood height, and bars any encroachment that would raise flood elevations at any location. Structures allowed as accessory to open-space uses cannot be designed for human habitation, must be anchored against flotation and lateral movement, and must have their lowest floor at or above the flood protection elevation or be dry-floodproofed and certified by a licensed engineer or architect. Sec. 28-44 flatly prohibits habitable structures, storage of buoyant or hazardous materials, solid or hazardous waste disposal sites, and most new sewage systems, wells, wastewater treatment facilities and sanitary or water lines within the floodway.
Violations are prosecuted by the county's corporation counsel and treated as a public nuisance that can be abated by court action; Article IX sets a forfeiture of not more than $50 per violation, with each day of continued violation charged separately.
Violations & Fines
A person who develops the floodway without meeting Sec. 28-43's engineering and floodproofing standards, or who puts a prohibited use listed in Sec. 28-44 in the floodway, faces a forfeiture of not more than $50 under Article IX, plus taxable court costs, with each day of continued violation counted as a separate offense. The county may also sue to enjoin or abate the violation as a public nuisance under Wis. Stat. § 87.30.
Frequently Asked Questions
Can I build a house in the Fond du Lac County floodway?
What does the county require before any floodway development?
What accessory structures are allowed in the floodway?
What is the penalty for an illegal floodway structure?
Sources & Official References
Other rules in Fond du Lac County
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