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1971 Zoning Ordinance
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1971 Zoning Ordinance
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SECTION 10.31 <br />10 3o FLOOD PLAIN ZONING PROVISIONS <br />10:31 INTRODUCTION <br />(a) Authority: These provisions for flood plain protection are adopted under the <br />authority granted by Sections 59.97, 59.971, 59.99 and 87.30 of the Wisconsin <br />Statutes. <br />(b) Purpose and Intent: The purpose of these provisions is to promote the public health, <br />safety, and general welfare of the County; to reduce the hazard of floods to life <br />and property in time of flood; to protect the public against extraordinary expen- <br />ditures for flood control; and to protect the storage capacity of flood plains to <br />assure retention of sufficient floodway area to convey flood flows which can reason - <br />ably be expected to occur.. <br />(c) Severability: If any section, clause, provision or portion of this Section is ad- <br />judged unconstitutional or invalid by a court of competent jurisdiction, the re- <br />mainder of this Section shall not be affected thereby. <br />(d) Abrogation and Greater Restrictions: This Section supersedes Section 10.01 - 10.29 <br />of the Pane County Zoning Ordinance relating to flood plains. However, Section 10.01, <br />10.29 of the Dane County Zoning Ordinance shall remain in full force and effect to <br />the extent that its provisions are more restrictive. <br />(e) Interpretation: In their interpretation and application, the provisions of this <br />Section shall be held to be minimum requirements and shall be liberally construed in <br />favor of the governing body and shall not be deemed a limitation or repeal of any <br />other powers granted by the Wisconsin Statutes. <br />(f) Warning and Disclaimer of Liability: The degree of flood protection intended to be <br />provided by this Section is considered reasonable for regulatory purposes and is <br />based on engineering and scientific methods of study. Larger flood may occur on <br />rare occasions or the flood height may be increased by man -made or natural causes, <br />such as ice jams and bridge openings restricted by debris. This Section does not <br />imply that areas outside flood plain zoning district boundaries or land uses per- <br />mitted within such districts will always be totally free from flooding or flood <br />damages. Nor shall this Section create a liability on the part of or a cause of <br />action against Dane County or any officer or employee thereof for any flood damages <br />that may result for reliance on this Section. <br />(g) Definitions: Unless specifically defined below, words or phrases used in this <br />Section shall be interpreted so as to give them the same meaning as they have at <br />common law and to give this Section its most reasonable application. <br />(1) Bulkhead Line: A geographic line along a reach of a navigable stream that has <br />been adopted by a municipal ordinance and approved by the Division of Environ- <br />mental Protection pursuant to Section 30.11, Wisconsin Statutes and which allows <br />complete filling on the landward side. <br />(2) Channel: A natural or artificial watercourse of perceptible extent, with <br />definite bed and banks to confine and conduct continuously or periodically <br />flowing water. Channel flow thus is that water which is flowing within the <br />limits of the defined chanpel. <br />(3) Encroachment Lines: Are limits of obstruction to flood flows. These lines are <br />generally parallel to the stream. The lines are established by assuming that <br />- 44 - <br />
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