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Kenosha County, WI Environmental Rules: Flood Zones (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

FEMA flood zone rules in Kenosha 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

Structures
Banned in floodway, no variance allowed
Zones covered
FEMA AE, A, AH and AO zones
Applies in
Unincorporated towns with adopted county zoning
Penalty
$10 to $50 forfeiture per day
Legal basis
Wis. Stat. § 87.30 floodplain authority

Summary

Kenosha County regulates development in FEMA-mapped floodplains under County Code § 12.37.010, banning virtually all new structures, dumping, filling, and storage of buoyant or hazardous materials within the floodway and other flood zones. The overlay applies only in unincorporated towns; incorporated cities and villages administer their own floodplain rules.

These county ordinances apply to unincorporated areas of Kenosha County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The FPO Floodplain Overlay District is hereby created pursuant to the mandates of Wisconsin Statute section 87.30 for the purpose of regulating all floodplains where serious flood damage may occur... (j) Structures Prohibited. Except for public water measuring and control facilities, bridges and utilities, NO structures, dwellings, mobile/manufactured homes or shelters shall be located, moved or placed on lands in the FPO Floodplain Overlay District. This section shall be strictly construed and shall not be subject to variances.

Full Breakdown

County Code § 12.37.010 creates the FPO Floodplain Overlay District under the authority of Wisconsin Statute § 87.30, covering land within the AE, A, AH and AO zones shown on the current FEMA Flood Insurance Rate Map. Except for public water measuring and control facilities, bridges and utilities, the ordinance flatly bars 'structures, dwellings, mobile/manufactured homes or shelters' from being located, moved or placed anywhere in the FPO District, a prohibition the code says 'shall be strictly construed and shall not be subject to variances.' Dumping, filling and excavation are prohibited too, except for authorized bulkhead lines or bridge approaches and normal earth grading for open space, recreation, yard, parking and similar uses, and the district cannot be used to store materials that are buoyant, flammable, explosive or injurious to human, animal, plant or fish life.

The zoning administrator must deny a permit for any development that would obstruct floodwater flow or raise the regional flood height, based on the officially adopted FIRM, unless the applicant secures an ordinance amendment under § 12.60.010. A short list of conditional uses can proceed with committee review, including bridges, DNR- and Army Corps-authorized bulkhead filling, municipal water and sewer lines, unstructured park and recreation areas, and utility facilities built to Wis. Admin. Code § NR116.17 standards; dam construction additionally requires a public hearing before the Planning, Development & Extension Education Committee. Where a lot straddles the floodplain and an adjoining district, only the portion outside the floodplain counts toward the district's minimum lot area, and at least 40,000 square feet must lie outside the floodplain if public sewer is unavailable.

Violations & Fines

Floodplain violations carry a lighter penalty than the rest of Chapter 12: § 12.53.010 sets a forfeiture of $10 to $50, plus prosecution costs, for violating the floodland district regulations or a Planning and Development order, with up to 30 days in County Jail for nonpayment and each day counted as a separate offense. Every floodplain violation is also a public nuisance the County, the state or any citizen may sue to enjoin under § 87.30, Wis. Stats.

Frequently Asked Questions

Can I build a new house in the FPO Floodplain Overlay District?
No. County Code § 12.37.010(j) bars structures, dwellings, mobile homes and shelters from the FPO District outright, except for public water measuring facilities, bridges and utilities, and the code says this prohibition 'shall be strictly construed and shall not be subject to variances,' so the Zoning Board of Adjustments cannot grant relief from it.
What can I still do with floodplain land I own?
Uses already permitted in the underlying district, other than structures, remain allowed, such as cropland in an agricultural district, required yards in a residential district, or parking and loading areas in a commercial district, as long as flood depths during a 100-year event stay under two feet or flood velocity stays under two feet per second.
Does the floodplain overlay apply to property inside the City of Kenosha?
No. County zoning, including Chapter 12's Floodplain Overlay District, applies only in the unincorporated towns of Kenosha County that have adopted county zoning. The City of Kenosha, the City of Lake Geneva and the county's villages administer their own floodplain ordinances for property inside their municipal boundaries.

Sources & Official References

Other rules in Kenosha County

All Kenosha County rules

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