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• SECTION 10.30; 10.31 110.30 FLOOD PLAIN ZONING PROVISIONSI 10.31 INTRODUCTION (a) Authority: These provisions for flood plain protection are adopted under the authority granted by Sections 59.97, 59.971, 59.99 and 87.30 of the Wisconsin Statutes. (b) Purpose and Intent: The purpose of these provisions is to promote the public health, safety, and • general welfare of the County; to reduce the hazard of floods to life and property in time of flood; to protect the public against extraordinary expenditures for flood control; and to protect the storage capa- city of flood plains to assure retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur. • (c) Severability: If any section, clause, provision or portion of this `Section is adjudged unconstitu- tional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. (d) Abrogation and Greater Restrictions: This Section supersedes Section 10.01 - 10.29 of the Dane County Zoning Ordinance relating to flood plains. However, Section 10.01 - 10.29 of the Dane County Zoning Ordi- nance shall remain in full force and effect to the extent that its provisions are more restrictive. (e) Interpretation: In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. (f) Warning and Disclaimer of Liability: The degree of flood protection intended to be provided by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger flood may occur on rare'occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside flood plain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages. Nor shall this Section create a liability on the part of or a cause of action against Dane County or any officer or employee thereof for any flood damages that may result for reliance on this Section. (g) Definitions: Unless specifically defined below, words or phrases used in this Section shall be inter- preted so as to give them the same meaning as they have at common law and to give this Section its most • . reasonable application. (1) Bulkhead Line: A geographic line along a reach of a navigable stream that has been adopted by a municipal ordinance and approved by the Division of Environmental Protection pursuant to Section 30.11, Wisconsin Statutes and which allows complete filling on the landward side. (2) Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel. (3) Encroachment Lines: Are limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the area landward side of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. The.stream channel and adjoining flood plains between these lines will be maintained as open space and will be adequate to convey the regional flood without adversely increasing flood heights. (li) Equal Degree of Encroachment: Ts established by considering the effect of encroachments of the hy- draulic efficiency of the flood plain along a significant reach of the stream. Hydraulic efficiency depends on such factors as the relative orientation of the channel with respect to the floodway, the natural and man-made characteristics of the flood plain, relative ground level on both sides of the stream, the type of vegetation on both sides of the stream and the resistance of such vegetation to flood flows. In most cases these factors will not result in equal distances or areas between encroach- ment lines on both sides of the stream. (5) Flood: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating area adjacent to the channel. (6) Flood Plain: The land adjacent to a body of water which has been or may be hereafter covered by flood water including but not limited to the regional flood. (7) Floodway: The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream including but not limited to flood flows associated with the regional flood. (8) Flood Profile: A graph or a longitudinal profile showing the relationship of the water surface ele- vation of a flood event to location along a stream or river. (9) Flood Proofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area. - 28 -