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17-7 lands from the floodplain_district unless they are Where a provision of this ordinance is required by removed by filling to a height of at least two feet a standard in ch. NR 116, Wis. Adm. Code, and above the regional flood elevation, the fill is where the ordinance provision is unclear, the contiguous to land lying outside the floodplain provision shall be interpreted in light of the ch. NR district and the map is amended pursuant to 116 standards in effect on the date of the adoption ss. 17.71 and 17.72. To remove flood insurance of this ordinance or in effect on the date of the requirements, FEMA must first revise the Flood most recent text amendment to this ordinance. Insurance Rate Map or issue a Letter of Map ' Amendment or Revision. 17.19 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection 17.15 COMPLIANCE. Any development10 or use provided by this ordinance is considered within the areas regulated by this ordinance shall reasonable for regulatory purposes and is based on . be in full compliance with the terms of this engineering experience and scientific methods of ordinance and other applicable local, state and, study. Larger floods may occur or the flood height federal regulations. may be increased by manmade or natural causes such as ice jams or bridge openings restricted by 17.16 MUNICIPALITIES AND STATE AGENCIES debris. Therefore, this ordinance does not imply REGULATED. Unless specifically exempted by that areas outside of the delineated floodplain or law, all cities, villages, towns and counties are permitted land uses within the floodplain will be required to comply with this ordinance and obtain totally free from flooding and associated flood all necessary permits. State agencies are required damages. Nor does this ordinance create liability to comply if s. 13.48(13), Stats., applies. The on the part of, or a cause of action against, the . construction, reconstruction, maintenance and county or any officer or employee thereof for any repair of state highways and bridges by the flood damage that may result from reliance on this Wisconsin Department of Transportation are ordinance or on the acts of any county official or exempt when s. 30.12(4)(a), Stats., applies. employee charged with enforcement of this ordinance. 17.17 ABROGATION AND GREATER RESTRICTIONS. (1) This ordinance supersedes 17.20 SEVERABILITY. Should any portion of this all the provisions of any municipal zoning ordinance be declared unconstitutional or invalid ordinance enacted under s. 59.97 or 59.971 for by a court of competent jurisdiction, the remainder counties; s. 62.23 for cities; or s. 61.35 for villages of this ordinance shall not be affected. or s. 87.30, Wis. Stats., which relate to floodplains except that where the other municipal zoning 17.21 ANNEXED AREAS FOR CITIES AND ordinance is more restrictive than the provisions VILLAGES. The Dane County floodplain zoning contained in this ordinance, that ordinance shall provisions in effect on the date of annexation shall continue in full force and effect to the extent of the remain in effect and shall be enforced by the greater restrictions, but not otherwise. annexing municipality for all areas annexed by the (2) This ordinance is not intended to repeal, annexing municipality until the annexing abrogate or impair any existing deed restrictions, municipality adopts and enforces an ordinance convents or easements. However, where this which meets the requirements of ch. NR 116, Wis. ordinance imposes greater restrictions, the Adm. Code. Annexed lands shall be described on provisions of this ordinance shall prevail. the municipality's official zoning map. County floodplain zoning provisions are incorporated by 17.18 INTERPRETATION. In their interpretation reference for the purpose of administering this and application, the provisions of this ordinance section and shall be kept on file in the office of the shall be held to be minimum requirements liberally county zoning administrator. construed in favor of the county board and shall not be deemed a limitation on or repeal of any other powers granted by the Wisconsin Statutes. [17.22- 17.24 reserved for future use.] , 10 See s. 17.05(10) for the definition. rev. 043095 •