The Washington County Land Use and Planning Committee voted to move an ordinance amendment updating shoreland, wetland and floodplain zoning (chapter 275) to the county board, after staff said the county has six months to adopt new FEMA Flood Insurance Rate Maps and must bring local code into alignment with state NR 115 model language.

Planning department staff told the committee the proposed ordinance includes updated FIRM maps and language changes to comply with state administrative code and federal floodplain requirements; most changes are clarifications, but the updates are required to preserve residents’ eligibility for flood insurance and avoid federal enforcement actions. "FEMA and the DNR finally said, alright. The maps are official. You got 6 months to adopt these maps," the presenter said.

Committee members questioned several substantive points in the draft. Supervisor Brian Krebs and others sought clarity on whether the draft would prevent reconstruction of existing boathouses and how accessory structures would be treated for substantial-damage calculations. Staff replied that boathouses remain accessory structures but that DNR reviewers had objected to some floodplain language; staff proposed restoring a clear line stating boathouses may be reconstructed if they comply with floodplain elevation and accessory-structure provisions. "Maybe making it more general would be the way to go on this—to have it clearly in our ordinance stating as boathouses locating in the floodplain can be constructed and then have the requirements of the floor must be at the floodplain level," staff said.

The presenter also explained how state review and FEMA coordination work: Wisconsin DNR reviews whether the county’s language meets state model requirements; if the state approves, it will forward the ordinance to FEMA for federal review. Staff warned that refusing to adopt required language could risk the county’s participation in the National Flood Insurance Program and related federal assistance.

Committee members asked about specific technical provisions, including hydraulic-study standards for demonstrating that proposed development will not increase regional flood heights and how "development" and "repair" are defined. Staff said engineers’ hydraulic studies are the referenced data for flow and storage questions and that the county retains interpretive discretion on repairs versus development for routine maintenance.

The committee discussed options: adopt the state model ordinance language, adopt a substantially similar local version, or move forward with the current draft and negotiate limited clarifications with the DNR. The chair called for a motion to approve the ordinance as presented and send it to the county board; Supervisor Krebs moved and the motion was seconded. The committee passed the motion by voice vote with no recorded roll call. Staff and the county attorney said they would continue discussions with the DNR on the boathouse language and, if needed, present friendly amendments at the county board level.

The committee’s action forwards the ordinance to the full county board for final consideration; staff indicated they can return a revised ordinance or additional legal analysis if the county board or DNR requests changes.