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Chapter 17 municipal zoning ordinance is more restrictive than municipality adopts and enforces an ordinance the provisions contained in this ordinance, that which meets the requirements of Ch.NR 116, Wis. ordinance shall continue in full force and effect to Adm. Code. Annexed lands shall be described on the extent of the greater restrictions, but not the municipality's official zoning map. County E, otherwise. floodplain zoning provisions are incorporated by (2) This ordinance is not intended to repeal, reference for the purpose of administering this abrogate or impair any existing deed restrictions, section and shall be kept on file in the office of the r convents or easements. However, where this county zoning administrator. ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. [17.22-17.24 reserved for future use.] 17.18 INTERPRETATION. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements liberally SUBCHAPTER II construed in favor of the county board, and shall not GENERAL STANDARDS APPLICABLE TO be deemed a limitation on or repeal of any other ALL FLOODPLAIN DISTRICTS powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard 17.25 HYDRAULIC AND HYDROLOGIC in Ch. NR 116, Wis. Adm. Code, and where the ANALYSES. ordinance provision is unclear,the provision shall be (1) No development, except as provided in sub. (2) interpreted in light of the Ch. NR 116 standards in below, shall be allowed in floodplain areas which effect on the date of the adoption of this ordinance or will: in effect on the date of the most recent text (a) Cause an obstruction to flow;l" or amendment to this ordinance. (b) Cause an increase in regional flood height due to floodplain storage area lost,which is equal to 17.19 WARNING AND DISCLAIMER OF or exceeding 0.01 foot; LIABILITY. The degree of flood protection (2) Obstructions or increases equal to or greater provided by this ordinance is considered reasonable than 0.01 foot may only be permitted if amendments for regulatory purposes and is based on engineering are made to this ordinance, the official floodplain experience and scientific methods of study. Larger zoning maps, including floodway lines and water floods may occur or the flood height may be surface profiles, in accordance with ss. 17.71 and increased by man-made or natural causes such as ice 17.72, and only if the total cumulative effect of the jams or bridge openings restricted by debris. proposed development will not increase the height of Therefore, this ordinance does not imply that areas the regional flood more than 1.0 foot for the affected outside of the delineated floodplain or permitted land hydraulic reach of the stream unless a waiver is uses within the floodplain, will be totally free from secured from FEMA for the 1.0 foot maximum flooding and associated flood damages. Nor does increase.12 this ordinance create liability on the part of, or a (3) The zoning administrator shall deny permits cause of action against, the county or any officer or where it is determined the proposed development employee thereof for any flood damage that may will cause an obstruction to flow or increase in result from reliance on this ordinance or on the acts regional flood height of 0.01 foot or greater. of any county official_or employee charged with enforcement of this ordinance. 17.26 WATERCOURSE ALTERATIONS. Prior to any alteration or relocation of a watercourse, and 17.20 SEVERABILITY. Should any portion of prior to the issuance of any land use permit which this ordinance be declared unconstitutional or may be required for the alteration or relocation of a invalid by a court of competent jurisdiction, the watercourse, the county zoning administator shall remainder of this ordinance shall not be affected. notify, in writing, the municipality or municipalities in which the watercourse is located, the appropriate 17.21 ANNEXED AREAS FOR CITIES AND district office of the Department of Natural VILLAGES. The Dane County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the llsee s.17.05(41)for the definition. annexing municipality for all areas annexed by the annexing municipality until the annexing 12Annotation: Rev.July 1991 Page 79