LRB-3914/2
MGG:kg:ch
1995 - 1996 LEGISLATURE
October 2, 1995 - Introduced by Representatives Ainsworth, Johnsrud, Zukowski,
Owens, Albers, Brandemuehl and Grothman. Referred to Committee on
Natural Resources.
AB584,1,2
1An Act to create 87.30 (1g) of the statutes;
relating to: the regulation of
2floodproofed residential basements under floodplain zoning ordinances.
Analysis by the Legislative Reference Bureau
Under rules promulgated by the department of natural resources (DNR)
pursuant to its authority to regulate the enactment of local floodplain zoning
ordinances, DNR has imposed some state requirements that are stricter than those
required under the floodplain management program administered by the federal
emergency management agency (FEMA). Under the FEMA program, a community
may apply for an exception to have certain floodproofed residential basements below
the base flood level. Federal law defines "base flood" as being a flood having a 1%
chance of being equalled or exceeded in any given year. Under the rules promulgated
by DNR, DNR may grant an exception for floodproofed residential basements only
if FEMA granted the exception on or before March 1, 1986. Under this bill, DNR may
not promulgate rules that result in ordinances for floodproofed residential
basements that are more restrictive than the FEMA restrictions and may not
promulgate rules that allow DNR to deny an exception for these types of basements
if FEMA has granted an exception.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB584, s. 1
3Section
1. 87.30 (1g) of the statutes is created to read:
AB584,1,54
87.30
(1g) Regulation of floodproofed basements. The department may not
5promulgate any rule or impose any restriction that does any of the following:
AB584,2,3
1(a) Results in an ordinance or other regulation containing provisions for
2floodproofed residential basements that are more restrictive than those imposed by
3the federal emergency management agency.
AB584,2,64
(b) Allows the department to deny an exception for such basements if the
5federal emergency management agency has granted an exception under
44 CFR
660.6.
AB584,2,9
8(1) This act first applies to floodplain zoning ordinances on the effective date
9of this subsection regardless of when the floodplain zoning ordinances were enacted.
