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New Berlin, WI Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in New Berlin, 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 section
§ 275-65 B(5), Zoning Chapter 275
Districts regulated
Floodway, Floodfringe and General Floodplain Districts
Permit required
Floodplain development permit before construction
Fill removal threshold
At least 2 feet above base flood elevation
Penalty
$10 to $50 forfeiture per day of violation
State authority
Wis. Stat. §§ 61.35, 62.23 and 87.30

Summary

New Berlin regulates every floodway, floodfringe and general floodplain district mapped on the FEMA Flood Insurance Rate Map under Chapter 275, § 275-65. No structure or use may be located, built, repaired, converted or enlarged in a regulated flood area without full compliance with the section, and skipping the required floodplain development permit is itself a violation under City Code § 275-65 B(5)(f).

(5)General provisions.(a)Areas to be regulated. This section regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. ... (f)Compliance.[1]No structure or use within the areas regulated by this section shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of this section and all other applicable local, state, and federal regulations that apply to uses within the jurisdiction of these regulations.[2]Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 275-65 I.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

23, Wis. 30, Wis. , codified locally at § 275-65 of the Zoning Chapter. The section regulates every area covered by the regional or base flood as shown on FEMA's Flood Insurance Rate Map (FIRM) and the accompanying Flood Insurance Study, splitting the mapped area into a Floodway District (§ 275-65 C), a Floodfringe District (§ 275-65 D), and, where a floodway has not been separately delineated, a General Floodplain District covering Zones A, AO and AH (§ 275-65 E). Under the general-provisions compliance clause, § 275-65 B(5)(f), no structure or use in any of these regulated areas may be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the section and every other applicable local, state and federal rule, and proceeding without the required floodplain development permit is itself a violation.

S. Army Corps of Engineers where the Clean Water Act reaches the site. The Department of Community Development reviews applications and advises the Plan Commission and Common Council, and FEMA-approved maps, flood profiles, floodway data tables and letters of map amendment or revision are kept on file with the Department. Land cannot be removed from the mapped floodplain simply by filling it; the fill must reach at least two feet above the regional or base flood elevation and be contiguous to land already outside the floodplain, and the map itself must be formally amended under § 275-65 H before the removal is effective.

Violations & Fines

Any violation of § 275-65 is referred to the City Attorney for prosecution under § 275-65 I. A conviction carries a forfeiture of not less than $10 and not more than $50 per offense plus costs, and each day the violation continues counts as a separate offense. The code also treats every violation as a public nuisance that the City, the state or any citizen can sue to enjoin or abate under Wis. Stat. § 87.30.

Frequently Asked Questions

Do I need a permit to build in a New Berlin flood zone?
Yes. Section 275-65 B(5)(f) prohibits locating, building, reconstructing, repairing, converting or enlarging any structure or use in a mapped floodway, floodfringe or general floodplain district without full compliance with the chapter, and failing to obtain the required floodplain development permit is itself a separate violation, punishable under § 275-65 I.
Which New Berlin properties are covered by the floodplain zoning rules?
Any parcel that FEMA's Flood Insurance Rate Map and Flood Insurance Study show within the regional or base flood boundary. The Department of Community Development keeps the current FIRM, flood profiles and floodway data tables on file, and the mapped area is split into Floodway, Floodfringe and General Floodplain Districts under §§ 275-65 C, D and E.
Can I fill in floodplain land to build on it in New Berlin?
Only with a formal map amendment. Section 275-65 A(5)(e) requires fill placed to remove land from the floodplain to reach at least two feet above the regional or base flood elevation and connect to land already outside the floodplain, and the Floodplain Zoning Map itself must be amended under § 275-65 H before the area is treated as removed.

Sources & Official References

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