FEMA flood zone rules in Kaukauna, WI — also called floodplain regulations or special flood hazard area (SFHA) rules — determine flood insurance requirements and elevation standards for new construction.
The City of Kaukauna participates in the National Flood Insurance Program and regulates floodplain development under Sec. 17.07 of its Zoning Code (Chapter 17). The ordinance establishes four overlay districts: FWD Floodway, FFD Flood Fringe, FPD General Floodplain, and the GWP Groundwater Protection Overlay (Sec. 17.05). Effective FEMA Flood Insurance Rate Map (FIRM) panels are dated July 22, 2010, with the Flood Insurance Study (FIS) dated January 20, 2016 (Sec. 17.07(1)(e)2). The Fox River is the primary flood source through Kaukauna. The ordinance is adopted under Wis. Stat. Sec. 87.30 and meets the minimum standards of Wis. Admin. Code Chapter NR 116 and 44 CFR 59-72.
Wisconsin requires every municipality containing mapped floodplain to adopt a floodplain zoning ordinance under Wis. Stat. Sec. 87.30, conforming to Wis. Admin. Code Chapter NR 116 and 44 CFR Parts 59-72. Kaukauna's floodplain regulations are codified in Sec. 17.07 of Chapter 17 (Zoning Code). Sec. 17.05 establishes the FWD Floodway, FFD Flood Fringe, FPD General Floodplain, and GWP Groundwater Protection Overlay Districts. Sec. 17.07(1)(e)2 incorporates the FEMA FIRM panels effective July 22, 2010 and the Flood Insurance Study dated January 20, 2016. The three regulatory districts function as follows: the Floodway encompasses the channel and adjacent areas needed to convey the regional flood; the Flood Fringe lies between the floodway and the regional flood limit; and the General Floodplain applies to A, AH, and AO zones lacking detailed elevation data. Sec. 17.40 (Floodplain Development) provides that no development is allowed which would 'cause an obstruction to flow' or 'cause an increase equal to or greater than 0.01 foot in the height of the regional flood,' and that 'floodproofing measures...shall be designed to withstand the flood velocities, forces, and other factors associated with the regional flood to ensure protection to the flood protection elevation.' Removal of land from the floodplain district requires fill 'to a height of at least two feet above the elevation of the regional flood.' Accessory structures in the floodplain must be constructed on fill with the lowest floor at or above the regional flood elevation. New residential structures are prohibited in the regulatory floodway under NR 116; in the Flood Fringe, the lowest floor of habitable space must be elevated to the flood protection elevation (regional flood elevation plus 2 feet of freeboard under NR 116.13).
Wis. Stat. Sec. 87.30(2) and NR 116.21 require enforcement of local floodplain zoning. Filling, structural development, or occupancy of habitable space in the Floodway, or building below the flood protection elevation in the Flood Fringe, can result in stop-work orders, citations, daily forfeitures, and removal or restoration orders. Misrepresenting elevation data on a floodplain permit is independently actionable. Failure of the community to enforce its ordinance can lead to suspension from the NFIP under 44 CFR Part 59, eliminating federally backed flood insurance for the entire community.
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