FEMA flood zone rules in Waukesha County, WI β also called floodplain regulations or special flood hazard area (SFHA) rules β determine flood insurance requirements and elevation standards for new construction.
Wisconsin Statute 87.30 requires every county and municipality with FEMA-mapped floodplain to adopt a floodplain zoning ordinance meeting Wis. Admin. Code ch. NR 116 and 44 CFR 59-72 (NFIP). Waukesha County administers the Floodland Protection Ordinance (EO-17838) for unincorporated areas, regulating the Fox River, Bark River, Pewaukee River, Oconomowoc River, and other mapped waterways. Wisconsin requires the lowest floor at least 2 feet above the regional flood elevation - stricter than the FEMA NFIP minimum.
Wis. Stat. Β§87.30(1) requires each county, city, village, and town with land in a 100-year floodplain to adopt a reasonable and effective floodplain zoning ordinance, and Wis. Admin. Code ch. NR 116 (Wisconsin's Floodplain Management Program) sets the minimum standards. Per NR 116.03(28), Wisconsin defines the 'flood protection elevation' as 2 feet above the regional flood elevation, building a 2-foot freeboard into state law that exceeds the FEMA NFIP baseline. Waukesha County's Floodland Protection Ordinance (Enrolled Ordinance EO-17838) is authorized under Wis. Stat. Β§87.30 and incorporates Wis. Admin. Code ch. NR 116 and 44 CFR 59-72. NR 116.13 prohibits new structures in the floodway and limits flood-fringe construction: residential structures must have the lowest floor (including basement) at or above the flood protection elevation, and accessory structures may not be inundated more than 2 feet or subjected to flood velocities greater than 2 feet per second during the regional flood. NR 116.21(4)(b) prohibits variances that allow a lower degree of flood protection than the flood protection elevation, and basements below the regional flood elevation are not permitted (except for narrow pre-March 1, 1986 FEMA exceptions). Mapped flood hazards in Waukesha County include the Fox River corridor (which crosses the cities of Waukesha and Brookfield and flows through Waukesha, New Berlin, and Mukwonago), the Bark, Pewaukee, and Oconomowoc Rivers, and numerous lakes. Effective FEMA Flood Insurance Rate Maps (FIRMs) for Waukesha County are available through the FEMA Map Service Center, and the Wisconsin DNR coordinates ordinance approval and FEMA review.
Construction or fill in a regulated floodplain without a zoning permit and any required Wisconsin DNR-approved variance violates the Waukesha County Floodland Protection Ordinance, Wis. Stat. Β§87.30, Wis. Admin. Code ch. NR 116, and 44 CFR 60. Penalties include daily forfeitures, restoration orders, and potential community NFIP suspension that disqualifies the area from federally-backed flood insurance.
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See how Waukesha County's flood zones rules stack up against other locations.
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