title
Proposed zoning text amendment related to Wauwatosa Municipal Code 24.13.010 (Floodplain Zoning)
body
Submitted by:
Maggie Anderson
Department:
Engineering
A. Background/Options
The City of Wauwatosa regulates development within floodplains through the above referenced ordinance section. The ordinance, last updated in 2014, is based off of a model ordinance provided to us by the Wisconsin Department of Natural Resources (WDNR.).
On April 29, 2024 we received notice from the WDNR that required us to update and adopt our floodplain ordinance no later than Oct 24, 2024 or Wauwatosa would risk suspension from the National Flood Insurance Program (NFIP). Being a part of the NFIP is crucial for the City’s resilience against flood risks, economic stability, access to federal resources during emergencies, and alignment with national flood risk management standards. It's a proactive step towards safeguarding lives, properties, and the overall well-being of the City’s members.
The WDNR provided a model ordinance for our updated ordinance that we are following. The update is a full replacement of the existing ordinance but remains largely the same. Included below are the substantial changes to the current ordinance.
• Official Maps
The FIRM panels are all being updated with an effective date of 10/24/24. There have been no changes to the zones or boundaries of these maps from our current regulatory maps issued in 2008 (Appendix A). The updated maps are included in Appendix B.
• Addition of CLOMR Map, effective April 11, 2022
For several years, the City has been working with the Milwaukee Metropolitan Sewerage District (MMSD) on implementing flood control projects in the Menomonee River Watershed to reduce the flooding risk to businesses, home and neighborhoods. These projects are in various stages of development, from construction to project completion. At a joint meeting in 2010, it was decided that these projects would be combined in to a single Conditional Letter of Map Revision (CLOMR) and submitted to FEMA jointly with the City of Milwaukee. The CLOMR submittal has been reviewed by both WDNR and FEMA.
On April 11, 2022, FEMA issued a Conditional Letter of Map Revision (CLOMR) for an 8.5 mile reach of the Menomonee River, extending from the River mouth upstream to W. North Avenue. This mapping will not become effective until all projects included within the CLOMR have been constructed and certified. MMSD is currently managing the final project within the CLOMR with construction expected to be completed in 2025. Due to the length of time expected for the official mapping to be changed, FEMA is requiring the CLOMR be adopted at this time. Upon completion of the final project, the official map change process will begin.
The CLOMR maps are included in Appendix C.
• Addition of Flood Storage Maps
The CLOMR maps referenced above also included Flood Storage Districts. The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations.
The Flood Storage Map is included in Appendix D.
• Addition of technical specifications for structures designed to allow the entry of floodwaters below the regional flood elevation.
• Addition of permitted uses and standards within the Flood Storage zone.
• More descriptive sections on how to complete hydraulic and hydrologic studies to analyze development.
• Addition of a certificate of compliance with the floodplain development permit process.
As this is a zoning text amendment, a public hearing on September 17, 2024 is required.
B. Recommendation
Staff recommends the adoption of these suggested code changes and setting a public hearing date of September 17, 2024.