Agenda w/ attachments

AGENDA DOUGLAS COUNTY BOARD OF SUPERVISORS THURSDAY, OCTOBER 15, 2026 | 6:00 PM | GOVERNMENT CENTER BOARDROOM 201 1316 NORTH 14TH STREET | SUPERIOR, WI 54880 www.microsoft.com/microsoft-teams/join-a-meeting | Meeting ID: 226 201 535 324 41 | Passcode: kx3KM6gE Or call-in: 1 872-242-8028 | ID: 390 511 782# Virtual attendance available to public; board members must attend in-person to constitute a quorum and/or vote. Board to maintain a two-hour meeting limit or take action to continue meeting beyond that time. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES a. September 17, 2026 5. CLAIMS a. None 6. PRESENTATION a. Employee of the Quarter – Faith Marsh 7. PUBLIC COMMENT a. Public comment will be allowed on action items listed on the agenda; all comments shall be limited to three minutes in length, unless otherwise directed by the board. 8. ORDINANCES a. Repeal and Recreate Ordinance 8.3 – Floodplain Zoning Ordinance presented by the Zoning Committee (Exhibit A-10-26) Floodplain Maps Chapter IV: Public Safety Ordinances before amendments/repeals b. Amendment to Douglas County Public Safety Ordinance 4.005 – Ordinance Enforcement by Citation presented by the Public Safety & Administration Committees (Exhibit B-10-26) c. Amendment to Douglas County Public Safety Ordinance 4.01 – Closing Hours presented by the Public Safety & Administration Committees (Exhibit C-10-26) d. Amendment to Douglas County Public Safety Ordinance 4.0 2A – Discharge of Firearms ( NEW TITLE: Endangering Safety by Use of a Dangerous Weapon) presented by the Public Safety & Administration Committees (Exhibit D-10-26) e. Amendment to Douglas County Public Safety Ordinance 4. 02B – Fireworks (NEW TITLE : Regulation of Fireworks) presented by the Public Safety & Administration Committees (Exhibit E- 10-26) AGENDA CONTINUES (PAGE 1 OF 6) f. Amendment to Douglas County Public Safety Ordinance 4.03 – Disorderly Conduct presented by the Public Safety & Administration Committees (Exhibit F-10-26) g. Amendment to Douglas County Public Safety Ordinance 4.0 4 – Resisting or Obstructing Officer presented by the Public Safety & Administration Committees (Exhibit G-10-26) h. Amendment to Douglas County Public Safety Ordinance 4.05 – Criminal Damage to Property (NEW TITLE: Damage to Property) presented by the Public Safety & Administration Committees (Exhibit H-10-26) i. Amendment to Douglas County Public Safety Ordinance 4.06 – Protection of Animals presented by the Public Safety & Administration Committees (Exhibit I-10-26) j. Amendment to Douglas County Public Safety Ordinance 4.0 7 – Shoplifting (NEW TITLE: Retail Theft; Theft of Services) presented by the Public Safety & Administration Committees (Exhibit J- 10-26) k. Amendment to Douglas County Public Safety Ordinance 4.0 8 – Issue of Worthless Check presented by the Public Safety & Administration Committees (Exhibit K-10-26) l. Amendment to Douglas County Public Safety Ordinance 4.0 9 – Possession of Liquor or Fermented Malt Beverages on School Grounds (NEW TITLE: Possession of Alcohol Beverages on School Grounds Prohibited) presented by the Public Safety & Administration Committees (Exhibit L-10-26) m. Repeal of Douglas County Public Safety Ordinance 4. 10 – Presence of Underage Persons in Places of Sale of Intoxicating Liquor or Fermented Malt Beverages Prohibited presented by the Public Safety & Administration Committees n. Amendment to Douglas County Public Safety Ordinance 4. 12 – Sale of Intoxicating Liquor or Fermented Malt Beverages to Underage Persons (NEW TITLE: Alcohol Beverages; Restrictions Relating to Underage Persons) presented by the Public Safety & Administration Committees (Exhibit M-10-26) o. Amendment to Douglas County Public Safety Ordinance 4.13 – Public Assemblage presented by the Public Safety & Administration Committees (Exhibit N-10-26) p. Amendment to Douglas County Public Safety Ordinance 4. 14 – Carrying a Concealed Weapon (NEW TITLE: Prohibition of Weapons in County Buildings) presented by the Public Safety & Administration Committees (Exhibit O-10-26) q. Amendment to Douglas County Public Safety Ordinance 4. 15 – Trespass to Land presented by the Public Safety & Administration Committees (Exhibit P-10-26) r. Repeal of Douglas County Public Safety Ordinance 4. 17 – Sale of Alcohol Beverages to Intoxicated Persons presented by the Public Safety & Administration Committees s. Amendment to Douglas County Public Safety Ordinance 4. 18 – Possession/Consumption of Alcohol Beverages by Underage Person ( NEW TITLE: Alcohol Beverages; Underage Persons Prohibitions) presented by the Public Safety & Administration Committees (Exhibit Q-10-26) t. Amendment to Douglas County Public Safety Ordinance 4. 19 – Misrepresentation of Age by Underage Person presented by the Public Safety & Administration Committees (Exhibit R-10-26) u. Amendment to Douglas County Public Safety Ordinance 4.20 – Contributing to the Delinquency of Children; Neglect; Neglect Contributing to Death (NEW TITLE: Contributing to the Delinquency of a Child) presented by the Public Safety & Administration Committees (Exhibit S-10-26) AGENDA CONTINUES (PAGE 2 OF 6) v. Amendment to Douglas County Public Safety Ordinance 4. 21 – Unlawful Assemblies and Their Suppression presented by the Public Safety & Administration Committees (Exhibit T-10-26) w. Amendment to Douglas County Public Safety Ordinance 4. 22 – Metal or Glass Debris in or on the Shore of Any Body of Water ( NEW TITLE : Littering) presented by the Public Safety & Administration Committees (Exhibit U-10-26) x. Repeal of Douglas County Public Safety Ordinance 4. 23 – Dance Hall Ordinance presented by the Public Safety & Administration Committees y. Amendment to Douglas County Public Safety Ordinance 4. 24 – Prohibiting Children from being Habitual Truants (NEW TITLE: Truancy and Habitual Truancy) presented by the Public Safety & Administration Committees (Exhibit V-10-26) z. Amendment to Douglas County Public Safety Ordinance 4.25 – Prohibiting Any Person 18 Years or Older from Contributing to the Truancy of a Child ( NEW TITLE : Contributing to Truancy) presented by the Public Safety & Administration Committees (Exhibit W-10-26) aa. Amendment to Douglas County Public Safety Ordinance 4. 26 – Pawnbrokers and Secondhand Dealers (NEW TITLE: Pawnbrokers and Secondhand Article and Jewelry Dealers) presented by the Public Safety & Administration Committees (Exhibit X-10-26) bb. Amendment to Douglas County Public Safety Ordinance 4. 27 – Charge for Excessive False Alarms presented by the Public Safety & Administration Committees (Exhibit Y-10-26) cc. Amendment to Douglas County Public Safety Ordinance 4. 29 – School Trespass Ordinance presented by the Public Safety & Administration Committees (Exhibit Z-10-26) dd. Amendment to Douglas County Public Safety Ordinance 4.30 – Curfew Ordinance presented by the Public Safety & Administration Committees (Exhibit AA-10-26) ee. Amendment to Douglas County Public Safety Ordinance 4.32A – Parking within Douglas County (NEW TITLE: Douglas County Government Facilities Parking) presented by the Public Safety & Administration Committees (Exhibit BB-10-26) ff. New Ordinance to Douglas County Public Safety Ordinance 4.32B – Restrictions on Stopping and Parking Within Douglas County presented by the Public Safety & Administration Committees (Exhibit CC-10-26) gg. Amendment to Douglas County Public Safety Ordinance 4.33A – Possession of Marijuana (NEW TITLE: Possession of Marijuana and Synthetic Cannabinoid) presented by the Public Safety & Administration Committees (Exhibit DD-10-26) hh. Amendment to Douglas County Public Safety Ordinance 4. 33B – Possession of Drug Paraphernalia presented by the Public Safety & Administration Committees (Exhibit EE-10-26) ii. Amendment to Douglas County Public Safety Ordinance 4. 33C – Consumption of Products Labeled not for Human Consumption ( NEW TITLE: Abuse of Hazardous Substance) presented by the Public Safety & Administration Committees (Exhibit FF-10-26) jj. Amendment to Douglas County Public Safety Ordinance 4.34A – Individuals or Groups Harassing Other Persons, Prohibited ( NEW TITLE : Harassment) presented by the Public Safety & Administration Committees (Exhibit GG-10-26) kk. New Ordinance to Douglas County Public Safety Ordinance 4.34B – Unlawful Use of Telephone presented by the Public Safety & Administration Committees (Exhibit HH-10-26) AGENDA CONTINUES (PAGE 3 OF 6) ll. New Ordinance to Douglas County Public Safety Ordinance 4. 34C – Unlawful Use of Computerized Communication Systems presented by the Public Safety & Administration Committees (Exhibit II-10-26) mm. Amendment to Douglas County Public Safety Ordinance 4. 35 – Unnecessary Noise and/or Acceleration presented by the Public Safety & Administration Committees (Exhibit JJ-10-26) nn. Amendment to Douglas County Public Safety Ordinance 4. 36 – Abuse and Harassment of Law Enforcement and Fire Department Animals (NEW TITLE: Harassment of Police and Fire Animals presented by the Public Safety & Administration Committees (Exhibit KK-10-26) oo. Repeal of Douglas County Public Safety Ordinance 4. 37 – Douglas County Parking Ordinance presented by the Public Safety & Administration Committees pp. New Ordinance to Douglas County Public Safety Ordinance 4. 41 – Loitering and/or Prowling presented by the Public Safety & Administration Committees (Exhibit LL-10-26) qq. New Ordinance to Douglas County Public Safety Ordinance 4.42 – Operation of Golf Carts on Douglas County Highways presented by the Public Safety & Administration Committees (Exhibit MM-10-26) rr. New Ordinance to Douglas County Public Safety Ordinance 4.43 – Theft of Property presented by the Public Safety & Administration Committees (Exhibit NN-10-26) 9. RESOLUTIONS a. #46-26: Resolution by the Land and Development Committee recommending land sales (Exhibit OO-10-26) b. #47-26: Resolution by the Administration Committee recommending Personnel Policies Amendment: Recruitment and Selection (Exhibit PP-10-26) c. #48-26: Resolution by the Administration Committee recommending 2027 Health/Dental Insurance Rates (Exhibit QQ-10-26) d. #49-26: Resolution by the Administration Committee recommending budgetary transfers (Exhibit RR-10-26) Roll call vote to be taken e. #50-26: Resolution by the Administration Committee and Supervisors on the Health & Human Services Board recommending use of Opioid Settlement Funds for Child-Welfare placement costs Roll call vote to be taken f. #51-26: Resolution by the Administration and Transportation & Infrastructure Committees recommending amendment to Highway Utility Permit Fee $50 10. COUNTY ADMINISTRATOR REPORT a. Staffing and Employee Update b. Budget c. Wisconsin Counties Association Conference d. Outreach 11. COUNTY BOARD CHAIR REPORT AGENDA CONTINUES (PAGE 4 OF 6) a. Wisconsin Counties Association Conference b. Department of Natural Resources Meeting c. Records Requests d. Lions Club Fairgrounds Project 12. COMMITTEE REPORTS a. Administration – Alan Jaques b. Extension, Education & Recycling and Libraries Committee – Sue Hendrickson c. Forest, Parks & Recreation – Mark Liebaert d. Land & Development – Scott Luostari e. Public Safety – Bill Fennessey f. Transportation & Infrastructure – Nick Baker g. Zoning – Joe Moen 13. APPOINTMENTS a. By County Board Chair 1. County Board Supervisor District 2: Dennis Quam 14. YOUTH REPRESENTATIVE REPORTS a. Northwestern High School and Superior High School academic, activity and sport updates 15. APPROVAL OF BILLS AND CLAIMS a. Vendor payment list available on Douglas County website and County Board Supervisor tablet meeting folder 16. CORRESPONDENCE a. 26-CV-00773 Ruelas Castellano, Ramon v. Izzard, Matt et. al. Filed in the United States District Court for the Western District of Wisconsin Emergency Petition for Writ of Habeas Corpus Filed 8/19/26 17. FUTURE AGENDA ITEMS 18. ADJOURNMENT a. Next meeting October 27, 2026 Submitted by, Kaci Jo Lundgren, Douglas County Clerk AGENDA CONTINUES (PAGE 5 OF 6) 10-09-26 NOTE: Agenda and attachments available on www.douglascountywi.gov or in County Clerk's Office. Action may be taken on any item on the agenda. The County of Douglas complies with the Americans with Disabilities Act of 1990. If you are in need of accommodation to participate in the public m eeting process, please contact the Douglas County Clerk's Office at (715) 395-1341 by 4:00 p.m. on the day prior to the scheduled meeting. Douglas County will attempt to accommodate any request. TDD (715 ) 395-7521. Posted: Douglas County Courthouse, Government Center, Superior Public Library, Superior Telegram AGENDA COMPLETE (PAGE 6 OF 6) DOUGLAS COUNTY FLOODPLAIN ZONING ORDINANCE 8.3 REPEAL AND RECREATE PRESENTED BY THE ZONING COMMITTEE RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Zoning Committee as follows: THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: Repeal and recreate Ordinance #8.3 as set forth in exhibit A-10-26. Dated this 15th day of October 2026. Exhibit A-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA RETURN TO AGENDA EXHIBIT A-10-26 Douglas County Floodplain Zoning Ordinance 8.3 Repeal and Recreate Presented by Zoning Committee DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 Chapter 8.3, Page 1 8.3 FLOODPLAIN ZONING ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION SECTON I. STATUATORY STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE TITLE, AND GENERAL PROVISIONS 1.1 STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 59.69, s. 59.692, and s. 59.694 for counties; and the requirements in s. 87.30, Stats. 1.2 FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base. 1.3 STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to: (1) Protect life, health, health and property; (2) Minimize expenditures of public funds for flood control projects; (3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (4) Minimize business interruptions and other economic disruptions; (5) Minimize damage to public facilities in the floodplain; (6) Minimize the occurrence of future flood blight areas in the floodplain; (7) Discourage the victimization of unwary land and home buyers;homebuyers; (8) Prevent increases in flood height heights that could increase flood damage and result in conflicts between property owners; and (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 1.4 TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for Douglas County, Wisconsin. 1.5 GENERAL PROVISIONS (1) AREAS TO BE REGULATED This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by the DNR.BasefloodelevationsarederivedfromthefloodprofilesintheFlood Insurance Study (FIS) and are shown as AE, A1 -30, and AH Zones on the FIRM. Other regulatory zones Chapter 8.3, Page 2 are displayed as A and AO Zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply. This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1 - 30, AE, VE, V1-30, or V on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local commu nity may also be regulated under the provisions of this ordinance, where applicable. (2) OFFICIAL MAPS & REVISIONS The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1 -30 onthemapsbasedontheFloodInsuranceStudy(FIS)listedbelow.Anychangetothebase flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see s. 8.0 Amendments) before it is effective. No changes to the RFE’s on non -FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Douglas County Zoning Administrator in the Douglas County Zoning Office. If more than one map or revision is referenced, the most restrictive information shall apply. OFFICIAL MAPS:Based on the FIS Flood Insurance Rate Map (FIRM), (panelnumbers listed below) FloodInsuranceRateMapPanelsAffected: 55031C0013D, 55031C0014D, 55031C0018D, 55031C0041D, 55031C0042D, 55031C0043D, 55031C0044D, 55031C0063D, 55031C0064D, 55031C0066D, 55031C0067D, 55031C0070D, 55031C0086D, 55031C0087D, 55031C0088D, 55031C0089D, 55031C0090D, 55031C0092D, 55031C0095D, 55031C0109D, 55031C0111D, 55031C0112D, 55031C0115D, 55031C0116D, 55031C0117D, 55031C0120D, 55031C0128D, 55031C0129D, 55031C0133D, 55031C0134D, 55031C0136D, 55031C0140D, 55031C0145D, 55031C0152D, 55031C0153D, 55031C0154D, 55031C0156D, 55031C0157D, 55031C0160D, 55031C0165D, 55031C0170D, 55031C0176D, 55031C0180D, 55031C0190D, 55031C0210D, 55031C0220D, 55031C0230D, 55031C0235D, 55031C0240D, 55031C0245D, 55031C0255D, 55031C0260D, 55031C0265D, 55031C0270D, 55031C0280D, 55031C0285D, 55031C0290D, 55031C0295D, 55031C0305D, 55031C0310D, 55031C0315D, 55031C0320D, 55031C0330D, 55031C0335D, 55031C0338D, 55031C0340D, 55031C0343D, 55031C0345D, 55031C0355D, 55031C0360D, 55031C0365D, 55031C0385D, 55031C0395D, 55031C0405D, 55031C0410D, 55031C0415D, 55031C0420D, 55031C0430D, 55031C0434D, 55031C0435D, 55031C0440D, 55031C0445D, 55031C0451D, 55031C0452D, 55031C0453D, 55031C0454D, 55031C0460D, 55031C0465D, 55031C0470D, 55031C0480D, 55031C0482D, 55031C0484D, 55031C0485D, 55031C0490D, 55031C0493D, 55031C0494D, 55031C0495D, 55031C0501D, 55031C0445D, 55031C0440D, 55031C0435D, 55031C0434D, 55031C0430D, 55031C0420D, 55031C0415D, 55031C0410D, 55031C0405D, 55031C0395D, 55031C0385D, 55031C0365D, 55031C0360D, 55031C0355D, 55031C0345D, 55031C0343D, 55031C0340D, 55031C0338D, 55031C0335D, 55031C0330D, 55031C0320D, 55031C0315D, 55031C0310D, 55031C0305D, 55031C0295D, 55031C0290D, 55031C0285D, 55031C0280D, 55031C0270D, 55031C0265D, 55031C0260D, 55031C0255D, 55031C0245D, 55031C0240D, 55031C0235D, 55031C0230D, 55031C0220D, 55031C0210D, 55031C0190D, 55031C0180D, Chapter 8.3, Page 3 55031C0176D, 55031C0170D, 55031C0165D, 55031C0160D, 55031C0157D, 55031C0156D, 55031C0154D, 55031C0153D, 55031C0152D, 55031C0145D, 55031C0140D, 55031C0136D, 55031C0134D, 55031C0133D, 55031C0129D, 55031C0128D, 55031C0120D, 55031C0117D, 55031C0116D, 55031C0115D, 55031C0112D, 55031C0111D, 55031C0109D, 55031C0095D, 55031C0092D, 55031C0091D, 55031C0089D, 55031C0088D, 55031C0087D, 55031C0086D, 55031C0070D, 55031C0067D, 55031C0066D, 55031C0064D, 55031C0063D, 55031C0062D, 55031C0044D, 55031C0043D, 55031C0042D, 55031C0041D, 55031C0018D, 55031C0014D, 55031C0013D;dated 02/02/2012; with corresponding profiles thatarebased on the Flood Insurance Study (FIS) 55031CV00A dated 02/02/2012; Approved by: The DNR and FEMA Special Flood Hazard Areas (SFHA) are designated as zones A, A1 -30, AE, AH, AO, VE, V1- 30, or V on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. (a) below. Additional flo od hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. (b) below. These maps and revisions are on file in the office of the Land Services Director in the Douglas County Zoning Office. (a) OFFICIAL MAPS: Based on the Flood Insurance Study (FIS): 1. Flood Insurance Rate Map (FIRM), panel number s 55031C0013E, 55031C0014E, 55031C0018E, 55031C0041E, 55031C0042E, 55031C0043E, 55031C0044E, 55031C0062E, 55031C0063E, 55031C0064E, 55031C0066E, 55031C0067E, 55031C0070E, 55031C0084E, 55031C0086E, 55031C0087E, 55031C0088E, 55031C0089E, 55031C0091E, 55031C0092E, 55031C0095E, 55031C0103E, 55031C0109E, 55031C0111E, 55031C0112E, 55031C0115E, 55031C0116E, 55031C0117E, 55031C0120E, 55031C0128E, 55031C0129E, 55031C0133E, 55031C0134E, 55031C0140E, 55031C0145E, 55031C0152E, 55031C0153E, 55031C0154E, 55031C0156E, 55031C0157E, 55031C0160E, 55031C0165E, 55031C0170E, 55031C0176E, 55031C0180E, 55031C0190E, 55031C0210E, 55031C0220E, 55031C0230E, 55031C0235E, 55031C0240E, 55031C0245E, 55031C0255E, 55031C0260E, 55031C0265E, 55031C0270E, 55031C0280E, 55031C0285E, 55031C0290E, 55031C0295E, 55031C0305E, 55031C0310E, 55031C0315E, 55031C0320E, 55031C0335E, 55031C0338E, 55031C0340E, 55031C0343E, 55031C0345E, 55031C0355E, 55031C0360E, 55031C0365E, 55031C0385E, 55031C0395E, 55031C0405E, 55031C0410E, 55031C0415E, 55031C0420E, 55031C0430E, 55031C0435E, 55031C0440E, 55031C0445E, 55031C0451E, 55031C0452E, 55031C0453E, 55031C0454E, 55031C0460E, 55031C0465E, 55031C0470E, 55031C0480E, 55031C0482E, 55031C0484E, 55031C0485E, 55031C0490E, 55031C0493E, 55031C0494E, 55031C0495E, 55031C0501E, 55031C0502E, 55031C0503E, 55031C0506E, 55031C0510E, 55031C0515E, 55031C0520E, 55031C0530E, 55031C0540E, 55031C0545E, 55031C0560E, 55031C0570E, 55031C0580E, 55031C0590E, 55031C0595E, 55031C0605E, 55031C0610E, 55031C0615E, 55031C0620E, 55031C0630E, 55031C0635E, 55031C0640E, 55031C0643E, 55031C0644E, 55031C0645E, 55031C0652E, 55031C0654E, 55031C0655E, 55031C0656E, 55031C0658E, 55031C0660E, 55031C0663E, 55031C0664E, 55031C0665E, 55031C0666E, 55031C0667E, 55031C0668E, 55031C0669E, 55031C0680E, 55031C0685E, 55031C0690E, 55031C0695E, 55031C0705E, 55031C0710E, Chapter 8.3, Page 4 55031C0714E, 55031C0715E, 55031C0716E, 55031C0718E, 55031C0735E, 55031C0745E, 55031C0755E, 55031C0760E, 55031C0765E, 55031C0770E, 55031C0780E, 55031C0785E, 55031C0790E, 55031C0795E, 55031C0805E, 55031C0806E, 55031C0807E, 55031C0808E, 55031C0809E, 55031C0815E, 55031C0817E, 55031C0820E, 55031C0826E, 55031C0827E, 55031C0828E, 55031C0829E, 55031C0831E, 55031C0832E, 55031C0835E, 55031C0836E, 55031C0840E, 55031C0845E, 55031C0855E, 55031C0860E, 55031C0865E, 55031C0870E, 55031C0880E, 55031C0885E, 55031C0890E, and 55031C0895E dated 12/10/2026. 2. Flood Insurance Study (FIS) for Douglas County, dated 12/10/2026. Approved by: The DNR and FEMA (b) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section must be approved by the DNR and be DNR. If more than one map or revision is referenced, the most restrictive than those based on the FIS at the site of the proposed development.information shall apply. Pattison:Pattison Dam Failure Analysisapproved by the Departmentof Natural Resources on November 11th, 2013, including: Map dated August 2013 and titled “Pattison State Park Dam Hydraulic Shadow Map” Floodway data table (page 7) titled “Table 3 Hydraulic Shadow Floodway Data” Flood profiles dated 08/08/2013 and 08/14/2013 titled “2) DamFail100” and “DamFailPeakFlow” including three pagestitled “UpperPattison,” “MiddlePattison” and “LowerPattison” Lower Eau Claire Lake/ Mooney: Lower Eau Claire Dam Failure Analysis approved by the Department of Natural Resources on March 6 th, 1996, including: MapdataMarch1995andtitled“HydraulicShadowMap” 1. Floodplain study for Nebagamon Creek completed by Long Island Engineering, LLC and approved by the Department of Natural Resources on April 13, 2022. a. Map dated March 24, 2022 and titled “Floodplain Boundary Map”. b. Floodway data tables table dated May 17th 1995 March 24, 2022 and titled “Floodway Data Table”Table – Comparison”. Flood Profiles on page 007 and 008 dated May 17 th, 1995 and titled “Dambreak Flood Profiles” Olson Meadows Flowage:Olson Meadows Flowage DamFailure Analysisapproved by the Department of Natural Resources on September 21 st, 2016 including: Map Dated March 15 th, 2016 and titled “Flood Shadow.” The “Dam Failure – Piping Mode” floodplain outline is to be used for regulatory purposes c. Flood profiles dated March 24, 2022 and titled “Nebagamon Creek Study”. 2. Floodplain study for Unnamed Tributaries to Blueberry Creek. The analysis included modifications of FAD ID 20926 and 20873 by the Department of Natural Resources with regulatory results sent to Douglas County on October 18, 2023. Chapter 8.3, Page 5 a. Map dated January 31, 2023 and titled “Bellwood Pit Road Ineffective Area with Road Raise”. b. Floodway data table dated October 18, 2023 and titled “Alt A2 and Town of Brule Project – Bellwood Pit Rd – FWDT – 10/18/2023” c. Flood profiles dated October 18, 2023 and titled “Alt A2 and Town of Brule Project – Bellwood Pit Rd – profile – 10/18/2023” 3. Floodplain study for Little Balsam Creek completed by Cedar Corporation and approved by the Department of Natural Resources on May 17, 2023. a. Map dated January 2022 and titled “Box Culvert Removal and New Bridge Construction Gandy Dancer State Trail 100-Year Floodplain Map”. b. Floodway data table titled “Floodway Data Gandy Dancer State Trail” c. Flood profiles dated March 31, 2023 and titled “Proposed Flood Profiles” 4. Floodplain study for Tributary to Lower Ox Lake – Olson Meadows Dam Removal Floodplain Impacts completed by Long Island Engineering, LLC and approved by the Department of Natural Resources on April 30, 2026. a. Map dated February 20, 2026 and titled “Floodplain Mapping Olson Meadows Dam Removal” b. Floodway data table dated June 7th, 2016 February 20, 2026 and titled “Floodway Data Table” Flood profile dated March 23rd, 2016 and titled “Plan: With DAMFail” The regulatory portion ofthedamfailure(hydraulicshadow)profile extendsfromXS18 downstream to the point of convergence with the dam nonexistent profile at XS 13. Park Creek Pond : Park Creek Pond Dam Failure Analysis approvedby the Department of Natural Resources on January 8th, 2015, including: Map dated 7 -2014 and titled “Hydraulic Shadow Mapping.” The “Dam Failure - Piping Mode” floodplain outline is to be used for regulatory purposes. Floodway data table dated January 8th, 2015 and titled “River: Park Creek Reach: Park_Creek Profile: Max WS” Flood profiles dated July 19 th, 2014 and titled “Plan: Dan_no DS culverts PIPE Failure” Radigan:Radigan Dam Failure Analysisapproved by the Department of Natural Resources on January 14th, 2019, including: HydraulicShadowMapdatedJanuary14th,2019andtitled “HydraulicShadow(Sheets1-3)RadiganDamFailureAnalysis” Floodway data table dated January 14 th, 2019 and titled “Table4, Hydraulic Shadow Floodway Data” Flood Profile dated January 14 th, 2019 and titled “Radigan_7_23 Plan: 100YrFailure”. Case-by-Case floodplain analysis for theCranberry Creek Flowage Damremoval located in the NE ¼ of the SE ¼ of Section 23, Township 46N, Range 13W, Town of Oakland Chapter 8.3, Page 6 by Long Island Engineering, LLC. Approved by the Department of Natural Resources on May 6, 2019,including: MapDatedApril30,2019andtitled“FloodShadow”. FloodwaydatatabledatedApril30,2019andtitled“FloodwayData”. FloodprofilesdatedApril30,2019andtitled“CranberryFlowage Plan: No Dam Steady State”. Floodplain analysis for the Brule River in the SE ¼, NE ¼, Section 15, T48N-R10W, Town of Brule by Ayres Associates. Dated April 4th, 2000. Approved by the Department of Natural Resources April 10th, 2000. FloodplainanalysisfortheMiddleRiverlocatedintheNW¼oftheNW ¼, section 21, T46N -R12W by Ripley Engineering Services, Inc. Dated January 13 th, 2006. Approved by the Department of Natural Resources February 14th, 2006. c. Flood profiles dated February 20, 2026 and titled “Olson Meadow 6 adding upstream XS” 5. Flood Storage Map, panel number s 20, 21, 23, 26, 33, 34, 36, and 40 , dated 12/10/2026, approved by the DNR. 6. (Identify any other studies approved by local community and DNR.) (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS Theregionalfloodplainareasdividedintothreedistrictsasfollows: The flood hazard areas regulated by this ordinance are divided into districts as follows: (a) The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained floodwaters, within the AE Zones as shown on the FIRM.FIRM, or within A Zones shown on the FIRM when determined according to s. 5.1(5). The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM. (b) The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to s. 5.1(5), within A Zones shown on the FIRM. (c) The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood and does not have in which a BFE or floodway boundary determined, including A, has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM. (d) The Coastal Floodplain District (CFP) is an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms, including areas identified as zone V, V1-30, or VE on the FIRM. Where a riverine AE floodway extends into the CFP district, development within the floodway must comply with the regulations for both the FW and CFP districts. Where a riverine A zone or AE zone with no floodway determination abuts the CFP district, the riverine study’s floodway limit must be determined based on standard floodway expansion principles within the CFP district and development within the floodway Chapter 8.3, Page 7 must comply with the standards for both the FW and CFP districts. (e) The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge. (4) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between the exterior boundaries of zones A1 -30, AE, AH, or A on the official floodplain zoning map and actual field conditions shall may be resolved using the criteria in subd (a) or (b) below. If a significant difference exists, the map shall be amended according to s. 8.0 Amendments. The floodplain zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The floodplain zoning administrator shall be responsible for documenting actual pre- development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. determined. Disputes between the floodplain zoning administrator and an applicant over the district boundary line shall be settled according to s. 7.3(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. 8.0 Amendments. s. 7.3(3) and the criteria in (a) and (b) below.Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. 8.0Amendments. (a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. (b) Where flood profiles do not exist for projects, including any boundary of zone A, AO, V1 - 30, VE, or V, the location of the boundary shall be determined by the map scale. (5) REMOVAL OF LANDS FROM FLOODPLAIN (a) Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. 8.0 Amendments. (b) The delineation of any of the Floodplain Districts may be revised by the community where natural or man -made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met: 1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; 2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F; Chapter 8.3, Page 8 (c) Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70. (6) COMPLIANCE Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federalregulations. (a) No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations. (b) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with s. 9.0. (c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Flood plain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with s. 9.0. (7) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required tocomplywiththisordinanceandobtainallnecessarypermits.Stateagenciesare requiredtocomplyifs.13.48(13), Stats., applies.The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s.30.2022,Stats.,applies. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstr uction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is a vailable from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site. (8) ABROGATION AND GREATER RESTRICTIONS (a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 59.69, 59.692 or 59.694 for counties counties; or s. 87.30, Stats., which relate to Chapter 8.3, Page 9 floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (b) This ordinance is not intended to repeal, abrogate abrogate, or impair any existing deed restrictions, covenants covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (9) INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. (10) WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man made man- made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the m unicipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. (11) SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (12) ANNEXED AREAS FOR CITIES AND VILLAGES The Douglas County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch ch. NR 116, Wis. Adm. Code and 44 CFR 59 -72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administer ing this section and are on file in the office of the municipal floodplain zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location. SECTION II. GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood -resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivisionproposals (including manufactured home parks) shall include regional flood elevation and floodway data for Chapter 8.3, Page 10 any development that meets the subdivision definition of this ordinance and all other requirements in s. 7.1(2). Adequate drainage shall be provided to reduce exposure to flood hazardsandallpublicutilitiesandfacilities,suchassewer,gas,electrical,andwatersystemsare located and constructed to minimize or eliminate flood damages. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law. (1) If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall: (a) be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) be constructed with flood-resistant materials; (c) be constructed by methods and practices that minimize flood damages; and (d) Mechanical and utility equipment must be elevated to or above the flood protection elevation. (2) If a subdivision or other proposed new development is in a flood -prone area, the community shall assure that: (a) such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area; (b) public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and (c) adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 7.1(2). 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES (1) No floodplain development shall: (a) Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or (b) Cause any increase in the regional flood height due to floodplain storage area lost. (2) The floodplain zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 8.0 Amendments are met. Chapter 8.3, Page 11 2.2 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 2.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 8.0 Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be re viewed and approved by FEMA and the DNR through the LOMC process. 2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to s. 8.0 Amendments. 2.4 PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Agriculture, Trade, Trade and Consumer Protection; (2) A land use permit for the campground is issued by the floodplain zoning administrator; (3) The character of the river system and the campground elevation are such that a 72 -hour warning of an impending flood can be given to all campground occupants; (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or floodplain zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at -risk parties, and the methods and personnel responsible for conducting the evacuation; (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) - to remain in compliance with all applicable regulations, including those of the state Departme nt of Health Services Agriculture, Trade and Consumer Protection and all other applicable regulations; (6) All mobile recreational vehicles placed on site must meet one of the following: (a) Only camping units that are Be fully licensed, if required, and ready for highway use Chapter 8.3, Page 12 are allowed;use; or (b) The camping units shall Not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or (c) Meet the requirements in either s. 3.0, 4.0, 5.1, or 5.3 for the floodplain district in which the structure is located; A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect utilities and security devices and has no permanently attached additions. (7) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days consistent with 2.4(6) and shall ensure compliance with all the provisions of this section; (8) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either s. 3.0, 4.0 or 5.0 for the floodplain district in which the structure is located; (9) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and (10) (13) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.elevation; and (11) Standards for structures in a campground: (a) All structures must comply with section 2.4 or meet the applicable requirements in ss. 3.0, 4.0, 5.1, or 5.3 for the floodplain district in which the structure is located; (b) Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant with section 2.4(4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (c) Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards. Chapter 8.3, Page 13 (d) Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with section 2.4(4). (e) Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be ev acuated within the timelines specified within the written agreement with the municipality compliant with section 2.4(4). (12) A land use permit shall be obtained as provided under 7.1(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. 2.5 FLOODED AGRICULTURE– AGRICULTURE – CRANBERRY FARMS (FA-C) (1) STATEMENT OF PURPOSE - The Federal government created the National Flood Insurance Program (NFIP) to establish flood risk zones and to provide flood insurance to property owners in communities that adopt and enforce floodplain regulations in accordance wit h regulatory floodplain maps approved by the Federal Emergency Management Agency (FEMA). In recognition of the NFIP’s requirements, the following ordinance shall apply to flooded agriculture– cranberry farms (FA-C). Cranberry farming uses extensive water management systems that are often located in areas designated as a Special Flood Hazard Area (SFHA). Within the SFHA, this ordinance establishes the minimum floodplain regulations, which apply to maintenance and FA -C development activities activities, and it preserves the orderly and efficient use of land for agricultural purposes. The provisions of this ordinance are limited to floodplain management requirements. This section is designed to clarify permit procedures for routine activities related to cranberry culture. (2) APPLICABILITY - The ordinance provisions for this district shall only apply to all flooded agriculture -cranberry farms (FA-C) in the SFHA as identified on the effective Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) for the community. The intent of this district is to provide a consistent regulatory framework for b oth maintenance and development activities, which are required for the efficient management of a cranberry farming operation. These provisions describe the activities associated with FA-C, the potential for each activity to impact the Base Flood Elevation (BFE) or floodway and the requirements for each activity. This ordinance does not apply to the construction, maintenance, rep air or modification of any building in this district. Buildings and all other development activities not associated with cranberry farming are regulated by other sections of this floodplain zoning ordinance. (3) PERMITTED USE - Any use or FA Flooded Agriculture (FA) development activity, which occurs in a FA-C must meet the requirements in this section. Chapter 8.3, Page 14 (4) DEFINITIONS. In this section: (a) “Department” means the Wisconsin Department of Natural Resources. (b) “Existing cranberry farm” means the area of established active cranberry farming as established pursuant to Section 2.5 (5). (c) “FA-C” means the portions of the existing cranberry farm as defined in section 2.5(5) and that are subject to the SFHA regulations. “FA-Cdevelopmentactivities”aredevelopmentactivitieslistedinSection2.5(6) (d) “FA-C development activities” are development activities listed in Section 2.5 (6) (d). FA-C development activities do not include maintenance activities and do not include the construction, maintenance, repair or modification of any building. (e) “Permit required” means that a FA-C Permit is required. (f) “Perimeter dike” means the dike or system of dikes that are closest to the boundary line of the existing cranberry farm, usually the outermost dike. (g) “Maintenance activities” are activities identified in Section 2.5 (7) (f) (8) (d) that take place within the boundary of an existing cranberry farm. (h) “Special Flood Hazard Area (SFHA)” means an area having special flood hazards and is shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map as an A, AE, AH or AO zone. ESTABLISHMENTOFEXISTINGCRANBERRYFARM-Theconstructionor (5) ESTABLISHMENT OF EXISTING CRANBERRY FARM - The construction or maintenance of a building is not covered by this section. (For construction or maintenance, please refer to sections 3.0, 4.0 and 5.1 of the ordinance.) (a) To establish the boundary of an “existing cranberry farm,” a person must file with the community a certified legal description of the farm boundary as it existed on February 2nd, 2012. The area of existing use includes all farm production areas, all farm support land and all farm support areas including dikes, impoundments, water storage reservoirs, ditches, sand stockpiles and roads. The area of established use does not include buildings. (b) Upon issuance of the FA -C permit, the FA -C development that is completed in accordance with the FA -C permit shall be established as an existing cranberry farm upon completion. REQUIREMENTSFORNEWFADDEVELOPMENTACTIVITIESINFLOODED (6) AGRICULTURE DISTRICTS – REQUIREMENTS FOR NEW FA -C DEVELOPMENT ACTIVITIES IN FLOODED AGRICULTURE – CRANBERRY FARMS (For construction or maintenance, please refer to sections 3.0, 4.0 and 5.1 of the ordinance.) Chapter 8.3, Page 15 A Zones:FA-C development activities in an A Zone may not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot at any point on the waterway.If any project causes an increase in flooding elevations that wouldimpactotherproperties,thentheprovisionsofthecommunity’sfloodplain (a) A Zones: FA -C development activities in an A Zone may not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot at any point on the waterway. If any project causes an increase in flooding elevations that would impact ot her properties, then the provisions of the community’s floodplain zoning standards apply. Increases equal to or greater than one foot would require submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor’s responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community’s request. It is the community’s responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (b) AE Zones: FA -C development activities in the designated floodway of an AE Zone must be analyzed using the current, effective hydraulic model to ensure that the project does not cause an increase to the BFE. If any project causes an increase in flooding elevations that would impact other properties, the provisions of NR 116.11(3) apply. Any increase requires submittal of the engineering study to FEMA for a Conditional Letter of Map Revision (CLOMR). It is the project sponsor’s responsibility to contract for and submit the engineering study to the community. All studies shall be reviewed and approved by the Department at the community’s request. It is the community’s responsibility to determine if the project meets the district criteria, determine if a permit is appropriate, and submit the CLOMR application to FEMA when necessary. (c) All FA-C development activities require a FA -C permit in accordance with Section 2.5 (9). 2.5(9). (d) FA FA-C development activities include: 1. New Dikes and Impoundments. Construction of a dike or an impoundment outside the boundary of existing cranberry farm. Includes the use of heavy machinery. 2. New Ditches. Construction of a new ditch outside the boundary of existing cranberry farm. Includes the use of heavy machinery to dig the ditch and the removal of plant and debris material. 3. New Farm Roads. Construction of a farm road outside the boundary of existing cranberry farm. Includes the placement of materials as appropriate to build a road that is adequate for expected loads. 4. New Reservoirs. Construction of a reservoir outside the boundary of existing cranberry farm. Includes the use of heavy machinery for excavation. 5. Sand Mining. Sand Mining outside the boundary of existing cranberry farm. Includes the extraction and stockpiling of sand using heavy equipment or Chapter 8.3, Page 16 hydraulic dredges. 6. New Water Control Structures. Placement of a water control structure in a ditch or reservoir outside the boundary of existing cranberry farm. Includes the placement of a bulkhead or other water control structure in a dike to control water movement in ditches and reservoirs. Rip rap and other material may be used to prevent erosion and failure of the structure. 7. New Bed Construction. Construction of a new cranberry bed outside of the boundary of an existing cranberry farm. (7) MAINTENANCE ACTIVITIES. (a) Maintenance activities conducted in accordance with Section 2.5 (8) in the designated floodplain of an A Zone or an AE Zone will not cause an increase in the BFE. (b) Maintenance activities do not require an FA-C permit. (8) REQUIREMENTS FOR MAINTENANCE ACTIVITIES IN FLOODED AGRICULTURE – CRANBERRY FARMS CRANBERRYFARMS (a) Maintenance activities must take place within the boundary of an existing cranberry farm and below the top of the existing perimeter dike. (b) Maintenance of dikes or impoundments must be conducted such that the height of the existing dike or impoundment is maintained. (c) No spoil materials may be placed such that the height of the top of the perimeter dike on an existing cranberry farm is increased above the established height of the perimeter dike. If spoils materials are placed outside of the existing farm perimeter dike but within the existing farm boundary, then they must be placed outside of the SFHA, must meet the cumulative impact requirement for an A Zone or must be in the non-floodway portion of an AE Zone. (d) Maintenance activities include the following: 1. New Bed Drainage within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installat ion of water control structures on ends of beds to allow for flooding and drainage. 2. Bed Drainage – Renovation within Boundary of Existing Cranberry Farm. Includes installation of drain tiles to improve water management; creation of perimeter ditches around the bed area (inside the impoundments) to direct water on and off the bed; and/or installation of water control structures on ends of beds to allow for flooding and drainage. Chapter 8.3, Page 17 3. New Bed Leveling within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes. 4. Bed Leveling – Renovation within Boundary of Existing Cranberry Farm. Cranberry beds are leveled using heavy equipment and a laser level. Sand is deposited onto the bed surface as needed to achieve a level surface with a slight crown in the center such that water drains to the edges of the bed. Beds are entirely surrounded by dikes. 5. New Bed Planting within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. 6. Bed Planting – Renovation within Boundary of Existing Cranberry Farm. Vines are planted into the bed surface using plugs, mechanical planting equipment and/or vines spread on the ground and pushed into the surface with a modified disc. Beds are entirely surrounded by dikes. 7. New Bed Removal of Materials or Scalping within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 8. Bed Removal of Materials or Scalping – Renovation within Boundary of Existing Cranberry Farm. Existing plant material is removed. Plant material is loaded into trucks and removed. 9. New Bed Sanding within Boundary of Existing Cranberry Farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 10. Bed Sanding – Renovation within Boundary of Existing Cranberry Farm. Sand is deposited onto the bed surface using heavy equipment to bring the planting surface to the desired level. 11. Dike – Seeding. Reservoirs and bed dikes are seeded to stabilize banks and prevent erosion. Most seeding is done with a hydro seeder after a suitable planting medium has been placed on the area to be seeded. 12. New Dike or Impoundment within Boundary of Existing Cranberry Farm. New construction of dikes and impoundments and placement of new water control structures within the established perimeter of an existing cranberry farm. 13. Dike or Impoundment – Repair / Maintenance of Existing Structures. Includes excavating adjacent to dikes to increase storage capacity and control of water flow, excavating sand from a reservoir to increase the water storage capacity, Chapter 8.3, Page 18 installation of splitter dikes to manage water flow and subdivide reservoirs, and replacement of existing water control structuresstructures. 14. Ditch – Cleaning and Maintenance of Existing Ditches. Drainage and irrigation ditches are cleaned using heavy equipment to remove plant material and debris. Spoils cannot be placed on the ditch side of any adjacent dike. 15. New Ditch within Boundary of Existing Cranberry Farm. New ditches are constructed using heavy machinery. Plant material and debris are removed. 16. Farm Road – Maintenance of Existing Roads. Farm roads are graded and repaired to maintain height, stability and width. Sand or gravel is placed in damaged areas. Culverts are replaced. Roads are mowed to prevent growth of brush or flowers that serve as competition for pollinators. 17. New Farm Road within Boundary of Existing Cranberry Farm. Farm roads are constructed using placement of materials as appropriate for the loads expected to be carried. 18. Harvest – Flood. Water is released from storage areas and gravity flowed or pumped into production (cranberry bed) areas. An initial “raking” flood of 6 to 12 inches is applied. After harvest machinery moves through the beds, the water level is increased above the vine canopy to allow the fruit to be corralled and removed. 19. Irrigation – Flood. Water is released from the reservoir or pumped onto the beds to provide a flood for insect control or protection during severe weather. Water is then returned to the reservoir or other water body. 20. Irrigation System Maintenance and Renovation. Periodic repair of cranberry bed sprinkler systems includes nozzle replacement; mainline replacement with aluminum or plastic materials; burial of laterals; upgrades to pumping systems and construction of pumping stations within the perimeter of the most-external impoundment of the farm. 21. Reservoir Maintenance and Construction of Reservoirs within the Boundary of Existing Cranberry Farm. Reservoirs are periodically excavated to alter or maintain depth levels. Heavy equipment is used for excavation. (9) FA-C PERMITS. A FA -C permit shall be obtained before any development in the FA -C may be initiated. Application to the floodplain zoning administrator shall include: (a) GENERAL INFORMATION. 1. Name and address of the applicant, property owner and contractor; 2. Legal description of the proposed development area; and 3. Statement that the proposed use is cranberry farming. Chapter 8.3, Page 19 (b) SITE DEVELOPMENT PLAN. A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the proposed development area; 2. Location of the ordinary high-water mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; and 4. Location of SFHA floodplain and floodway limits as determined from the official floodplain zoning maps. (c) A ZONE APPLICATION. An application for FA -C development activity in an A zone shall include a certificate of no -rise, or a technical analysis sufficient to show that the proposed development will not cause a cumulative impact on the base flood elevation (BFE) of more than 1.0 (one) foot within the regulatory floodplain of a particular reach on the waterway. (d) AE ZONE APPLICATION. An application for FA-C development activity in an AE zone shall include submission of a certificate of no -rise. If the analysis shows the project will cause an increase greater than 0.00 feet in the BFE, then the project sponsor shall provide the community with information necessary for the community to evaluate the proposed project. SECTION III. FLOODWAY DISTRICT (FW) 3.1 APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 5.1(5). 3.2 PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 3.3 and 3.4; and • all permits or certificates have been issued according to s. 7.1. (1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture viticulture, and wild crop harvesting. (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap trap, and skeet activities, hunting and fishing areas and hiking and Chapter 8.3, Page 20 horseback riding trails, subject to the fill limitations of s. 3.3(4). (4) Uses or structures accessory to open space uses, uses or classified as historic structures that comply with s. 3.3 and 3.4. (5) Extraction of sand, gravel or other materials that comply with s. 3.3(4). (6) Functionally water dependent water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. (7) Public utilities, streets and bridges that comply with s. 3.3(3). (8) Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code. (9) Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code. (10) Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code. (11) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied. 3.3 STANDARDS FOR DEVELOPMENTS DEVELOPMENT IN THE FLOODWAY (1) GENERAL (a) Any development in the floodway shall comply with s. 2.0 and have a low flood damage potential. Applicantsshallprovidethefollowingdatatodeterminetheeffectsoftheproposal according to s. 2.1 and 7.1(2)(c): Acrosssectionelevationviewoftheproposal,perpendiculartothe watercourse, showing if the proposed development will obstruct flow; or Ananalysiscalculatingtheeffectsofthisproposalonregionalfloodheight. Thezoningadministratorshalldenythepermitapplicationiftheprojectwillcause any increase in the flood elevations upstream or downstream, based on the data submitted for subd. (b) above. (b) Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to s. 2.1 and 7.1(2)(c). The analysis must be completed by a registered professional engineer in the state of Wisconsin. (c) Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 3.3(1)(b) above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in s. 1.5(5). Chapter 8.3, Page 21 (2) STRUCTURES Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (a) Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage; (b) Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards: 1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; 2. Have structural components capable of meeting all provisions of Section 3.3(2)(g) and; 3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 3.3(2)(g). (c) Must be anchored to resist flotation, collapse, and lateral movement; (d) Mechanical and utility equipment must be elevated to or above the flood protection elevation; and (e) Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. (f) For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets s. 3.3(2)(a) through 3.3(2)(e) and meets or exceeds the following standards: 1. The lowest floor must be elevated to or above the regional flood protection elevationelevation; 2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. 4. The use must be limited to parking, building access or limited storage. Chapter 8.3, Page 22 (g) Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood: 1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; 2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Sections 3.4(4) and 3.4(5); 3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; 4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and 5. Placement of utilities to or above the flood protection elevation. (3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: (a) Adequate floodproofing measures are provided to the flood protection elevation; and (b) Construction meets the development standards of s. 2.1. (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (a) The requirements of s. 2.1 are met; (b) No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met; (c) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (d) The fill is not classified as a solid or hazardous material. 3.4 PROHIBITED USES All uses not listed as permitted uses in s. 3.2 are prohibited, including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with Chapter 8.3, Page 23 permanent open space open-space uses; (2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department -approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wi s. Adm. Code; (5) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (6) Any solid or hazardous waste disposal sites; (7) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. SECTION IV. FLOODFRINGE DISTRICT (FF) 4.1 APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 5.1(5). 4.2 PERMITTED USES Anystructure,landuse,ordevelopmentisallowedintheFloodfringeDistrictifthestandardsins. Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 4.3 are met, the use is not prohibited by this this, or any other ordinance or regulation and all permits or certificates specified in s. 7.1 have been issued. 4.3 4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE S. 2.1 Section 2.0 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses; (1) RESIDENTIAL USES Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses;standards; Chapter 8.3, Page 24 The elevation ofthelowestfloorshallbeatorabovethefloodprotectionelevation on fill unless the requirements of s 4.3 (1)(b) can be met.The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the s tructure. Thebasementorcrawlwayfloormaybeplacedattheregionalfloodelevationifit isdryfloodproofedtothefloodprotectionelevation.However,nofloorofany kind is allowed below the regional flood elevation; (a) All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet s. 1.5(5). (b) Notwithstanding s. 4.3 (1)(a), a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substanti ally impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation; (c) Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. (d). (d) In developments where existing street or sewer line elevations make compliance with subd. (c) impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if: 1. The municipality has written assurance from police, fire and emergency services that rescue, rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or ThemunicipalityhasaDNR-approvedemergencyevacuationplan. 2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. (2) ACCESSORY STRUCTURES OR USES In addition to s. 2.0, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. (3) COMMERCIAL USES In addition to s. 2.0, any commercial structure which is erected, altered altered, or moved into the floodfringe shall meet the requirements of s. 4.3(1). Subject to the requirements of s. 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES In addition to s. 2.0, any manufacturing or industrial structure which is erected, altered altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood Chapter 8.3, Page 25 protection elevation or meet the floodproofing standards in s 7.5. Subject to the requirements of s. 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 7.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (a) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 7.5. (b) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 7.5(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code. (8) WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 7.5(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. (9) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10) DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. Chapter 8.3, Page 26 (11) MANUFACTURED HOMES (a) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. have the lowest floor elevated to the flood protection elevation; and 2. be anchored so they do not float, collapse collapse, or move laterally during a flood.flood; (c) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 4.3(1). (12) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles must be on site for less than 180 consecutive days and be either: (a) fully licensed and ready for highway use; or (b) shall meet the elevation and anchoring requirements in s. 4.3 (11)(b) and (c). All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in s. 4.3 (11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick- disconnect utilities and security devices and has no permanently attached additions. SECTION V. GENERAL FLOODPLAIN DISTRICT (GFP) 5.1 APPLICABILITY TheprovisionsforthisdistrictshallapplytoallfloodplainsmappedasA,AOorAHzones. The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in s. 1.5(2)(a). (1) FLOODWAY BOUNDARIES For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in s. 1.5(2)(a), the boundaries of the regulatory floodway shall be determined pursuant to s. 5.1(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of s 3.0. If the Chapter 8.3, Page 27 development is located entirely within the floodfringe, the development is subject to the standards of s. 4.0. (2) PERMITTED USES Pursuant to s. 5.4, it shall be determined whether the proposed use is located within the floodway or floodfringe. Pursuant to s. 5.1(5) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (s. 3.2) and Floodfringe (s. 4.2) Districts are allowed within the General Floodplain District, according to the standards of s. 5.1(4) provided that all permits or certificates required under s. 7.1 have been issued. (3) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas.The rest of this ordinanceapplies to either district. In AO/AH Zones the structure’s lowest floor must meet one of the conditions listed below whichever is higher: Atorabovethefloodprotectionelevation;or Two(2)feetabovethehighestadjacentgradearoundthestructure;or ThedepthasshownontheFIRM. Section 3.0 applies to floodway areas, determined to pursuant to 5.1(5); Section 4.0 applies to floodfringe areas, determined to pursuant to 5.1(5). (a) New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated: 1. To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or 2. If the depth is not specified on the FIRM, two feet (2) above the highest adjacent natural grade or higher. (b) New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation. (c) In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures. (d) All development in zones AO and zone AH shall meet the requirements of s. 4.0 applicable to floodfringe areas. (4) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the general floodplain district, the zoningadministrator shall: Chapter 8.3, Page 28 Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the floodplain zoning administrator shall: (a) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; measures and the flood zone as shown on the FIRM. (b) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries. 1. A Hydrologic and Hydraulic Study as specified in s. 7.1(2)(c). 2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;information. 3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. 5.2 FLOOD STORAGE DISTRICT 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 dev elopment in the storage areas will not decrease the effective flood storage capacity which would cause higher flood elevations. (1) APPLICABILITY The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps. (2) PERMITTED USES Any use or development which occurs in a flood storage district must meet the applicable requirements in s. 4.3. (3) STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS (a) Development in a flood storage district shall not cause an increase equal or greater than 0.00 of a foot in the height of the regional flood. (b) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development Chapter 8.3, Page 29 to compensate for the volume of storage, which is lost (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage. (c) If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district – on this waterway – is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without floodplain storage, as per s. 8.0 Amendments of this ordinance. (d) No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain. 5.3 COASTAL FLOODPLAIN DISTRICT (CFD) (1) APPLICABILITY The provisions of this section apply to all Coastal Floodplain Districts (CFD) shown on the floodplain zoning maps, which includes zones V, V1-30, and VE. Where a floodway shown on the floodplain zoning maps, or a floodway determined as explained in s. 1. 5(3)(d) or a regulatory floodway identified pursuant to s. 5.1(5), extends into a Coastal Floodplain District, development shall comply with the standards of s. 3.0 and s. 5.3. (2) STANDARDS FOR DEVELOPMENT IN THE COASTAL FLOODPLAIN DISTRICT Development in the CFD district shall meet the requirements of s. 2.0, as well as the following: (a) New construction shall be located landward of the Ordinary High-Water Mark. (b) Bulkheads, seawalls, revetments, and other erosion control measures shall not be connected to the foundation or superstructure of a building and shall be designed and constructed so as not to direct floodwaters or increase flood forces or erosion impacts on the foundation or superstructure of any building. (c) Man-made alterations of sand dunes are prohibited unless an engineering report documents that the alterations will not increase potential flood damage by reducing the wave and flow dissipation characteristics of the sand dunes. (d) The use of fill for structural support of buildings is prohibited. 1. Non-structural fill shall be permitted only if an engineering report demonstrates that the fill will not cause runup, ramping, or deflection of floodwaters that cause damage to buildings. (e) New construction and substantial improvement of buildings shall be elevated, consistent with SPS 321.34, on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the FPE. Chapter 8.3, Page 30 2. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values shall be t hose associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7 -16 Minimum design loads and associated criteria for buildings and other structures, or other equivalent standard. 3. A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of s. 5.3(2)(e). (f) New construction and substantial improvement of buildings shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. 1. For the purpose of s. 5.3(2)(f), a breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot. 2. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or where so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet all of the following conditions: (a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non - structural). Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7 -16 Minimum design loads and associated criteria for buildings and other structures , or equivalent standard. 3. All space enclosed by breakaway walls, open wood latticework, or insect screening below the lowest floor shall be used solely for parking, building access, or storage. (g) Require within flood-prone areas: 1. New and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and Chapter 8.3, Page 31 2. New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. (h) All mobile recreation vehicles must be on site for less than 180 consecutive days and be either: 1. fully licensed and ready for highway use; or 2. shall meet the standards of ss. 5.3(2)(a) through 5.3(2)(g) inclusive. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices and has no permanently attached additions. (i) Manufactured homes placed or substantially improved within the Coastal Floodplain District shall meet the standards of ss. 5.3(2)(a) through 5.3(2)(g) inclusive. SECTION VI. NONCONFORMING USES 6.1 GENERAL (1) APPLICABILITY If these standards conform with s.87.30, Stats. and ch. NR 116.15, Wis. Adm. Code and 44CFR59-72, theyshall applytoallmodificationsoradditionstoanynonconforming use or structure and to the use of any structure or premises which was lawful before the passag e of this ordinance or any amendment thereto. (a) The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12 -14, Wis. Adm. Code and 44 CFR 59 -72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created. (b) As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings. (2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: Chapter 8.3, Page 32 (a) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair , rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. (b) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of t his ordinance; (c) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (d) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (e) No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure wit h a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations. (f) If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). Chapter 8.3, Page 33 (g) Except as provided in subd. (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre -damaged condition equals or exceeds 50% of the structure’s present equalized assessed value. (h) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the following minimum federal code requirements are met, and all required permits have been granted prior to the start of construction: belowaremetandallrequiredpermitshavebeengrantedpriortothestartofconstruction. 1. Residential Structures (a) Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts posts, or perimeter walls. Perimeter walls must meet the requirements of s. 7.5(2). (b) Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy buoyancy, and shall be constructed with methods and materials resistant to flood damage. (c) Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) In A Zones, obtain, review review, and utilize any flood data available from a federal, state or other source. (e) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.1(4). (f) in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 2. Nonresidential Structures (a) Shall meet the requirements of s. 6.1(2)(h)1a-f. (b) Shall either have the lowest floor, including the basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 7.5(1) or (2). Chapter 8.3, Page 34 (c) In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.1(4). (3) A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with s. 3.3(1), 3.3 (1), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 7.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 6.1(2)(h)1 6.1 (2)(h)1 if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. (4) Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if: (a) Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation; (b) The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation; (c) The nonconforming building is permanently changed to conform to the applicable requirements of 2.0; (d) If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 3.3(1), 3.3(2)(b) through (e), 3.3(3), 3.3(4), and 6.2. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3 -D building envelope must determine the floodway in accordance with section 5.1(5). If the encroachment is in the floodway, it must meet the standards in section 3.3(4); (e) If the nonconforming building is in the floodfringe and the building does not conform to the applicable requirements of 4.3 and 6.3, the building will remain nonconforming. (f) Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation; (g) Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1 -30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy: i. Where a non -residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review Chapter 8.3, Page 35 structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of s. 6.1(4)(g) above. ii. The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed; (h) Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1 -30, AE, and AH that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meetin g this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria: i. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area. ii. The bottom of all openings must be no higher than one foot above the adjacent grade. iii. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters; (i) Manufactured homes that are placed or substantially improved within zones A1 -30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; (j) Manufactured homes that are placed or substantially improved within zones A1 -30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; Chapter 8.3, Page 36 (k) Recreational vehicles placed on sites within zones A1-30, AH, and AE must either: i. Be on site for fewer than 180 consecutive days; or ii. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or iii. Meet the elevation and anchoring requirements for manufactured homes in s. 6.1(4)(i) above; (l) In a regulatory floodway that has been delineated on the FIRM in zone A1 -30 or AE, encroachments, including repair or reconstruction of nonconforming structures , substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repair ed or reconstructed nonconforming structures must not increase the degree of their nonconformity; (m) In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet ss. 6.1(4)(f) through (l) (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3 -D building envelope must determine the floodway in accordance with section 5.1(5). If the encroachment is in the floodway, it must meet the standards in section 3.3(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (n) In zones A1 -30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3 -D building envelope must determine the floodway in accordance with section 5.1(5). If the encroachment is in the floodway, it must meet the standards in section 3.3(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; (o) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or (p) In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including Chapter 8.3, Page 37 basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry - floodproofed to that level according to the standard specified in s. 6.1(4)(g) above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity. 6.2 FLOODWAY DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition: (a) Has been granted a permit or variance which meets all ordinance requirements; (b) Meets the requirements of s. 6.1; (c) Shall not increase the obstruction to flood flows or regional flood height; (d) Any addition to the existing structure shall be floodproofed, pursuant to s. 7.5, by means other than the use of fill, to the flood protection elevation; andand, (e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. (2) No new on site on-site sewage disposal system, or addition to an existing on site on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on site on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and Ch. SPS 383, Wis. Adm. Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and chs. NR 811 and NR 812, Wis. Adm. Code. Chapter 8.3, Page 38 6.3 FLOODFRINGE DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of s. 4.3 except where s. 6.3(2) is applicable. (2) Where compliance with the provisions of subd. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, Adjustment, using the procedures established in s. 7.3, may grant a variance from those provisions of subd. (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: (a) No floor is allowed below the regional flood elevation for residential or commercial structures; (b) Human lives are not endangered; (c) Public facilities, such as water or sewer, shall not be installed; (d) Flood depths shall not exceed two feet; (e) Flood velocities shall not exceed two feet per second; and (f) The structure shall not be used for storage of materials as described in s. 4.3(5). (3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s. 7.5(3) 7.5 (3) and ch. SPS 383, Wis. Adm. Code. (4) All new wells, or addition to, replacement, repair repair, or maintenance of a well shall meet the applicable provisions of this ordinance, s. 7.5(3) 7.5 (3) and ch. NR 811 and NR 812, Wis. Adm. Code. 6.4 FLOOD STORAGE DISTRICTS No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in 5.2(3) are met. 6.5 COASTAL FLOODPLAIN DISTRICT (CFD) (1) New construction and substantial improvement shall meet the standards of s. 5.3. (2) No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire buildin g is permanently changed to conform with the standards prescribed in s. 5.3. SECTION VII. ADMINISTRATION Where a zoning administrator, planning agency or a board of adjustment has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials Chapter 8.3, Page 39 shall also administer this ordinance. 7.1 FLOODPLAIN ZONING ADMINISTRATOR (1) DUTIES AND POWERS The floodplain zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: (a) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (b) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.appropriate (c) Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred. (d) Keep records of all official actions such as: 1. All permits issued, inspections made, and work approved; 2. Documentation of certified lowest floor and regional flood elevations; 3. Floodproofing certificates. 4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. 5. All substantial damage assessment reports for floodplain structures. 6. List of nonconforming structures and uses. 7. In the Coastal Floodplain District, documentation of the certified elevation of the bottom of the lowest horizontal structural member of new construction and substantial improvements. 8. In the Coastal Floodplain District, certification by a licensed professional engineer or architect where required for new construction and substantial improvement under s. 5.3 (e) Submit copies of the following items to the Department Regional office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; 2. Copies of case by case case-by-case analyses and other required information. 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. Chapter 8.3, Page 40 (f) Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. (g) Submit copies of amendments to the FEMA Regional office. (2) LAND USE PERMIT A land use permit shall be obtained before any new development; repair, modification modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the floodplain zoning administrator shall include: (a) GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor; 2. Legal description, proposed use, and whether it is new construction or a modification; (b) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot; 2. Location of the ordinary highwater mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on site on-site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD); 8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of s. 3.0 or 4.0 are met; and Chapter 8.3, Page 41 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 2.1. This may include any of the information noted in s. 3.3(1). s.2.1.Thismayincludeanyoftheinformationnotedins.3.3(1). (c) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. ZoneAFloodplains 1. Zone A floodplains and in AE zones within which a floodway is not delineated: a. Hydrology i. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. ii. channel sections must be surveyed. iii. minimum four -foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. v. the most current version of HEC_RAS HEC-RAS shall be used. vi. a survey of bridge and culvert openings and the top of road is required at each structure. vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any Chapter 8.3, Page 42 necessary intermediate locations based on the length of the reach if greater than 500 feet. viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie -in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. c. Mapping A work map of the reach studied shall be provided, showing all cross- section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. If any part of the proposed development is in the floodway, it must be added to the base model to show thedifferencebetweenexistingandproposed ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2. Zone AE Floodplains a. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic model Chapter 8.3, Page 43 The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. Duplicate Effective Model.Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is avail able, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. ii. Corrected Effective Model. The Corrected Effective Model shall not include any man - made physical changes since the effective model date but shall import the model into the most current version of HEC - RAS for Department review. iii. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up -to-date models on which to base the Revised (Post-Project) Model. iv. Revised (Post-Project Conditions) Model. The Revised (Post -Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. v. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. topographicinformation,bridgeplans,constructionplans and survey notes. vi. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. c. Mapping Chapter 8.3, Page 44 Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: i. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. ii. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. v. The revised floodplain boundaries shall tie into the effective floodplain boundaries. vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. vii. Both the current and proposed floodways shall be shown on the map. viii. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. (d) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date. (3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt rebuilt, or replaced shall be occupied until a certificate of Chapter 8.3, Page 45 compliance is issued by the floodplain zoning administrator, except where no permit is required, subject to the following provisions: (a) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; (b) Application for such certificate shall be concurrent with the application for a permit; (c) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; (d) The applicant shall submit a certification signed by a registered professional engineer, architect architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 7.5 are met. (e) Where applicable pursuant to s. 5.1(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement. (f) Where applicable pursuant to s. 5.1(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by s. 5.1(4). (4) OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Po llution Control Act, Amendments of 1972, 33 U.S.C. 1344. 7.2 ZONING AGENCY (1) The Zoning Committee shall: (a) oversee the functions of the office of the floodplain zoning administrator; and (b) review and advise the governing body on all proposed amendments to this ordinance, maps maps, and text. (c) publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing. (2) The Zoning Committee shall not: (a) grant variances to the terms of the ordinance in place of action by the Board of Adjustment Adjustment; or Chapter 8.3, Page 46 (b) amend the text or zoning maps in place of official action by the governing body. 7.3 BOARD OF ADJUSTMENT The Board of Adjustment, created under s. 59.694, Stats., for counties is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduc t of business. The floodplain zoning administrator shall not be the secretary of the Board. (1) POWERS AND DUTIES The Board of Adjustment shall: (a) Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; (b) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and (c) Variances - Hear and decide, upon appeal, variances from the ordinance standards. (2) APPEALS TO THE BOARD (a) Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the floodplain zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifyi ng the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. (b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES 1. Notice - The board shall: a. Fix a reasonable time for the hearing; b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place place, and subject of the hearing; and c. Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. 2. Hearing - Any party may appear in person or by agent. The board shall: a. Resolve boundary disputes according to s. 7.3(3); b. Decide variance applications according to s. 7.3(4); and c. Decide appeals of permit denials according to s. 7.4. Chapter 8.3, Page 47 (c) DECISION: The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional office within 10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts which are the basis for the Board's decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (3) BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (a) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined; (b) The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and (c) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to s. 8.0 Amendments. (4) VARIANCE (a) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance will cause unnecessary hardship; 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; 3. The variance is not contrary to the public interest; and 4. The variance is consistent with the purpose of this ordinance in s. 1.3. Chapter 8.3, Page 48 (b) In addition to the criteria in subd. (a), to qualify for a variance under FEMA regulations, the Board must find that the following criteria must be have been met: 1. The variance shall not cause any increase in the regional flood elevation; Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE;and Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescueand relief efforts and shall not be contrary to the purpose of theordinance. 2. The applicant has shown good and sufficient cause for issuance of the variance; 3. Failure to grant the variance would result in exceptional hardship; 4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; 5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief. (c) A variance shall not: 1. Grant, extend or increase any use prohibited in the zoning district; 2. Be granted for a hardship based solely on an economic gain or loss; 3. Be granted for a hardship which is self created.self-created. 4. Damage the rights or property values of other persons in the area; 5. Allow actions without the amendments to this ordinance or map(s) required in s. 8.0 Amendments; and 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (d) When a floodplain variance is granted granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 7.4 TO REVIEW APPEALS OF PERMIT DENIALS Chapter 8.3, Page 49 (1) The Zoning Agency (s. 7.2) or Board shall review all data related to the appeal. This may include: (a) Permit application data listed in s. 7.1(2); (b) Floodway/floodfringe determination data in s. 5.1(5); (c) Data listed in s. 3.3(1)(b) where the applicant has not submitted this information to the floodplain zoning administrator; and (d) Other data submitted with the application or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: (a) Follow the procedures of s. 7.3; (b) Consider zoning agency recommendations; and (c) Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: (a) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 8.0 Amendments; and (b) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. FLOODPROOFINGSTANDARDSFORNONCOMFORMINGSTRUCTURESOR USES 7.5 FLOODPROOFING STANDARDS (1) No permit or variance shall be issued for a non -residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measur es will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in ss. 2.0, 3.0, 4.0, 5.1, or 5.3. (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (a) Certified by a registered professional engineer or architect; or (b) Meets Meeting or exceeds exceeding the following standards: Chapter 8.3, Page 50 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; and 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (3) Floodproofing measures shall be designed, as appropriate, to: (a) Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; (b) Protect structures to the flood protection elevation; (c) Anchor structures to foundations to resist flotation and lateral movement; (d) Minimize or eliminate infiltration of flood waters;and (e) Minimize or eliminate discharges into flood waterswaters; (f) Placement of essential utilities to or above the flood protection elevation; and (g) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. 7.6 PUBLIC INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. Chapter 8.3, Page 51 (3) Real estate transfers should show what floodplain district any real property is in. SECTION VIII. AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 8.1. 8.1 GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 8.2 below. Actions which require an amendment to the ordinance and/ or and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: (1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; (2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; (3) Any changes to any other officially adopted floodplain maps listed in s. 1.5 (2)(b); (4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; (5) Correction of discrepancies between the water surface profiles and floodplain maps; (6) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and (7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. 8.2 PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 59.69, Stats., Stats, for counties. The petitions shall include all data required by s. 5.1(5) and 7.1(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. Chapter 8.3, Page 52 (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 59.69, Stats., for counties. (2) No amendments shall become effective until reviewed and approved by the Department. (3) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. SECTION IX. ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalt y of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance nuisance, and the creation may be enjoined enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats. SECTION X. DEFINITIONS Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural an d the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. (1) A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. (2) AH ZONE – See “AREA OF SHALLOW FLOODING”. (3) AO ZONE – See “AREA OF SHALLOW FLOODING”. (4) ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation. (5) ALTERATION – An enhancement, upgrading upgrade or substantial change or modifications modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. AREAOFSHALLOWFLOODING–AdesignatedAO,AH,AR/AO,AR/AH,orVOzone (6) AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, Chapter 8.3, Page 53 where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow. (7) BASE FLOOD – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. (8) BASEMENT – Any enclosed area of a building having its floor sub-grade, i.e., below ground level, sub-grade on all sides. (9) BREAKAWAY WALL – A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. (10) BUILDING – See STRUCTURE. (11) BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. (12) CAMPGROUND – Any parcel of land which is designed, maintained, intended intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. (13) CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use. (14) CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. (15) CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. (16) COASTAL FLOODPLAIN – An area along the coast of Lake Michigan or Lake Superior which is inundated by the regional flood and which is also subject to additional hazard due to wave runup. (17) COASTAL HIGH HAZARD AREA – An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms. (18) CRAWLWAYS or CRAWL SPACE – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. (19) DECK – An unenclosed exterior structure that has no roof or sides, but sides and has a permeable floor which allows the infiltration of precipitation. Chapter 8.3, Page 54 (20) DEPARTMENT – The Wisconsin Department of Natural Resources. DEVELOPMENT–Anyartificialchangetoimprovedorunimprovedrealestate,including, butnotlimitedto,theconstructionofbuildings,structuresoraccessorystructures;the (21) DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. (22) DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. (23) ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway. (24) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program. (25) FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. (26) FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters; • The rapid accumulation or runoff of surface waters from any source; • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or • The sudden increase caused by an unusually high water high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. (27) FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year. (28) FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. Chapter 8.3, Page 55 (29) FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. (30) FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. (31) FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, floodfringe and may include other designated floodplain areas for regulatory purposes. (32) FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. (33) FLOODPLAIN MANAGEMENT – Policy and procedures to insure ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. (34) FLOODPLAIN ZONING ADMINISTRATOR - floodplain zoning administrator is authorized to administer this ordinance and has the duties described in section 7.1 of this ordinance. (35) FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. (36) FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. (37) FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the water surface profile elevation designated for the Regional flood. Flood Elevation. (Also see: FREEBOARD.) (38) FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. (39) FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. (40) FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action , obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage Chapter 8.3, Page 56 areas due to development and aggregation of the river or stream bed. (41) HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation. (42) HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. the hearing.Local ordinances or bylaws may require additional notice, exceeding theseminimums. (43) HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. (44) HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (45) HISTORIC STRUCTURE – Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. (46) INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but no t attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. (47) LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) (48) LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building. Chapter 8.3, Page 57 LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildi ng’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of 44 CFR 60.3. (49) LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement). An enclosed space as provided in s. 5.3(2)(f), is not considered the building’s lowest floor. (50) MAINTENANCE – The act or process of restoring to original soundness, ordinary upkeep and repairs, including redecorating, refinishing, non structural nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems systems, or structures. (51) MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mo bile home but does not include a "mobile recreational vehicle." MOBILE/MANUFACTUREDHOMEPARKORSUBDIVISION–Aparcel(orcontiguous (52) MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. MOBILE/MANUFACTUREDHOMEPARKORSUBDIVISION,EXISTING–Aparcelof (53) MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities , the construction of streets and either final site grading or the pouring of concrete pads. MOBILE/MANUFACTUREDHOMEPARK,EXPANSIONTOEXISTING–The (54) MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if of concrete pads. (55) MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self -propelled, carried or permanently towable by a licensed, light -duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." (56) MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. (57) MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS Chapter 8.3, Page 58 and referred to as the effective model. (58) MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. (59) MODEL, EXISTING (PRE -PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man made man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, the n this model would be identical to the Corrected Effective Model or Duplicate Effective Model. (60) MODEL, REVISED (POST -PROJECT) – A modification of the Existing or Pre -Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions. (61) MODERATE WAVE ACTION AREA (MoWA) – A special flood hazard area subject to the potential for breaking wave heights of greater than or equal to 1.5 feet, but less than 3 feet, where the primary source of flooding is astronomical tides, storm surges, seiches, and/or tsunamis. A MoWA is an area within zone AE on a FIRM that is between the inland limit of zone VE and a Limit of Moderate Wave Action, where identified. (Also known as “coastal A zone”) (62) MUNICIPALITY or MUNICIPAL – The county, city or village governmental units enacting, administering administering, and enforcing this zoning ordinance. (63) NAVD or NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment. (64) NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment. NEW CONSTRUCTION – For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent i mprovements to such structures.For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction"commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. (65) NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures. (66) NON-FLOOD DISASTER – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood. (67) NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structu re in the floodfringe Chapter 8.3, Page 59 district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) (68) NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) (69) OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. (70) OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA. (71) OPEN SPACE USE – Those uses having a relatively low flood damage potential and not involving structures. (72) ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. (73) PERSON – An individual, or group of individuals, corporation, partnership, association, municipality municipality, or state agency. (74) PRIMARY FRONTAL DUNE – A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. (75) PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure structure, or a system located on a different parcel than the structure. (76) PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer sewer, and storm sewer. (77) REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings. (78) REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. Chapter 8.3, Page 60 (79) SAND DUNES – Naturally occurring accumulations of sand in ridges or mounds landward of the beach. (80) START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means ei ther the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (81) STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. (82) SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats. (83) SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. (84) SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is st arted. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. (85) UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self created, self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. (86) VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. Chapter 8.3, Page 61 (87) VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. (88) WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water. (89) WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. Datedthis21stdayofJanuary,2021. (90) WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. July 17 , 2026 To: Dou glas County Public Safety Committee Members From: Ca rolyn S. Pierce Douglas County Corporation Counsel RE: Revi sion of Public Safety Ordinances In rev ising the ordinances, we have attempted to bring some uniformity into Chapter 4, Public Safety Ordinances. Most of the revised ordinances will have the following structure, which will make review of the ordinances easier and more accessible for the public. Section I. Authority Section II. Violation Section III. Penalties S e c t i o n I V. Effective Date Each ordinance will clearly identify the authority by which the county is adopting the ordinance and that in ordinances in which the state statute is being adopted, that the county ordinance can serve as a prosecutorial alternative to the individual being charged under the state statute. *KEY for highlighting in memo. New Ordinance or Ordinance Retitled Repealed Ordinance Ordinance Not Revised RETURN TO AGENDA 4.005 General Provisions for Enforcement of Ordinances The ordinance has been revised to update statutory references that provide enforcement through citation authority for a county. Pursuant to Wis. Stat. 66.0113, the ordinance defines what must be included in a citation. That includes both information about the violator, the violation as well as information about appearing in court and the schedule of deposits. The ordinance also defines which county officials have the authority to write citations for particular ordinances and specifies that if an ordinance prohibits conduct that is prohibited by state statute and causes damage to property of another, physical injury to another or theft of property of another, that the court may summon the violator to court to determine if restitution should be ordered. The ordinance also contains a schedule of deposits for all Chapter 4, Public Safety Ordinance.  4.01 - Closing Hours The state statute is referenced and adopted as if set forth in the ordinance. Restriction in hours are based on state statue. Penalties included.  4.02A - Discharge of Firearms Endangering Safety by Use of a Dangerous Weapon Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. Penalties included.  4.02B - Fireworks Regulation of Fireworks Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. All definitions from the statute are applicable to the ordinance – so the violation is simplified to no possessing, using or selling fireworks without a permit. A permit for fireworks is only available through a municipality and this ordinance cannot be enforced within any city, village or town that has enacted a ordinance regarding the regulation of fireworks. Penalties included.  4.03 - Disorderly Conduct The state statute is referenced and adopted as if set forth in the ordinance. Only the state statutory violation was included – second violation referenced from prior ordinance regarding failure to leave a scene when directed by law enforcement is addressed through 4.04 Restricting or Obstructing Officer.  4.04 - Resisting or Obstructing Officer The state statute is referenced and adopted as if set forth in the ordinance. All definitions from the statute are applicable to the ordinance – so only the violation is included. Penalties included.  4.05 - Criminal Damage to Property Damage to Property Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. Penalties included.  4.06 - Protection of Animals -only revision was to penalty section. “plus court costs” was removed because 4.005 General Provisions for Enforcement of Ordinances, Section II, C(1)(b) provides that court costs can be accessed in regards to the Public Safety Ordinances.  4.07 - Shoplifting Retail Theft; Theft of Services Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. Violations set forth from state statute – requested by law enforcement for issuing citations. Penalties included.  4.08 - Issue of Worthless Check The state statute is referenced and adopted as if set forth in the ordinance. Violations set forth from state statute. Evidence requirements are defined in state statute that is being adopted. Restitution section covered in 4.005 Citation ordinance – to be ordered by the Court.  4.09 - Possession of Liquor or Fermented Malt Beverages on School Grounds Possession of Alcohol Beverages on School Grounds Prohibited Name of ordinance was changed to correspond more closely to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. Penalties updated.  4.10 - Presence of Underage Persons in Places of Sale of Intoxicating Liquor or Fermented Malt Beverages Prohibited REPEAL – prohibitions now part of 4.12 4.11 – no current ordinance  4.12 - Sale of Intoxicating Liquor or Fermented Malt Beverages to Underage Persons Alcohol Beverages; Restrictions Relating to Underage Persons The state statute is referenced and adopted as if set forth in the ordinance. Violations set forth from state statute which must strictly conform to said statute. Contains prohibitions also previously contained in 4.10 in regard to licensee and permittees providing alcohol to underage persons. Penalties revised to be consistent with state statute.  4.13 - Public Assemblage Only update is in Section V ., D. – allowing the Public Assemblage Licensing Review Committee the discretion in requiring as a condition of a license being issued that a security deposit be placed for law enforcement and fire services. The Committee would then have the discretion to waive the security deposit if the event has been licensed previously, complied with all ordinance requirements and paid for all law enforcement and fire services associated with the event in the past.  4.14 - Carrying a Concealed Weapon Prohibition of Weapons in County Buildings Name of ordinance corrected from index. The state statute containing the prohibition – Trespass to land - is referenced and adopted as if set forth in the ordinance.  4.15 - Trespass to Land The state statute is referenced and adopted as if set forth in the ordinance. All definitions from the statute are applicable to the ordinance. Violations set forth from state statute – requested by law enforcement for issuing citations. Penalties included.  4.16 - Douglas County Traffic Safety Committee not revised  4.17 - Sale of Alcohol Beverages to Intoxicated Persons REPEAL –enforcement through licensure and town, village and city regulation  4.18 - Possession/Consumption of Alcohol Beverages by Underage Person The state statute is referenced and adopted as if set forth in the ordinance. All definitions from old ordinance removed as they can be referenced from the state statute.  4.19 - Misrepresentation of Age by Underage Person The state statute is referenced and adopted as if set forth in the ordinance. All definitions from old ordinance removed as they can be referenced from the state statute. This could be combined into 4.18 – state statute is the same.  4.20 - Contributing to the Delinquency of Children; Neglect; Neglect Contributing to Death Contributing to the Delinquency of a Child Prior ordinance outdated. Intent of ordinance option for prosecution of contributing to delinquency not to address neglect of a child which is covered both through juvenile code and criminal state statute. Relevant state statute is referenced and adopted as if set forth in the ordinance. Penalties added.  4.21 - Unlawful Assemblies and Their Suppression Prior ordinance outdated. Not intent of ordinance to deal with admission or employment consequences from higher education institutions. Relevant state statute is referenced and adopted as if set forth in the ordinance. Penalties added.  4.22 - Metal or Glass Debris in or on the Shore of Any Body of Water Littering Prior ordinance outdated. Revision allows prohibition of littering on land and water. Relevant state statute is referenced and adopted as if set forth in the ordinance. Penalties added.  4.23 - Dance Hall Ordinance REPEAL – covered by public assemblage ordinance  4.24 - Prohibiting Children from being Habitual Truants Truancy and Habitual Truancy Updated ordinance to include truant as well as habitual truant. The state statute is referenced and adopted as if set forth in the ordinance. Minimal definitions included because of two types of violations contained in one ordinance.  4.25 - Prohibiting Any Person 18 Years or Older from Contributing to the Truancy of a Child Contributing to Truancy Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance. Statute and ordinance applicable to individuals 17 years of age and older.  4.26 - Pawnbrokers and Secondhand Dealers Pawnbrokers and Secondhand Article and Jewelry Dealers. Name of ordinance was changed to correspond to the state statute. The state statute is referenced and adopted as if set forth in the ordinance.  4.27 - Charge for Excessive False Alarms Minimal revision. Authority included and new formatting.  4.28 - Primary Structure Address Ordinance not revised  4.29 - School Trespass Ordinance Minimal revision. Authority included and new formatting. Updated forfeiture amounts  4.30 - Curfew Ordinance Minimal revision. Authority included and new formatting. Updated forfeiture amounts  4.31A - Restrictions on Sale or Gift of Cigarettes, Nicotine Products or Tobacco Products to Minors not revised  4.31B - Purchase or Possession of Cigarettes, Nicotine Products or Tobacco Products by Persons Under the Age of 18 not revised  4.32 - Parking within Douglas County Douglas County Government Facilities Parking Updated to include cover all Douglas County Facilities. Includes language that parking will be regulated by signage that is approved by the Douglas County Board of Supervisors and Douglas County Sheriff. 4.32B Restrictions on Stopping and Parking Within Douglas County new ordinance This ordinance addressed what was previously covered by 4.32 regarding rural parking and parking on private property.  4.33A - Possession of Marijuana Possession of Marijuana and Synthetic Cannabinoid Updated ordinance to include marijuana and synthetic cannabinoid corresponding to state statute. The state statutes are referenced and adopted as if set forth in the ordinance. Minimal definitions included because of two types of violations contained in one ordinance.  4.33B - Possession of Drug Paraphernalia Updated ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. Definitions contained in state statue.  4.33C - Consumption of Products Labeled not for Human Consumption Abuse of Hazardous Substance Ordinance was initially enacted when ingesting “bath salts” was creating a health crisis. Updating the ordinance based upon authority conferred by state statute allows for continuity of prosecution throughout the state and still provides a prosecutorial alternative to a controlled substance charge.  4.34 - Individuals or Groups Harassing Other Persons, Prohibited 4.34A Harassment Updated ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. Split into separate ordinance from unlawful use of telephone and computers. 4.34B Unlawful Use of Telephone – new ordinance New ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. 4.34C Unlawful Use of Computerized Communication Systems – new ordinance New ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance.  4.35 - Unnecessary Noise and/or Acceleration Updated ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. 4.36 - Harassment of Police and Fire Animals Updated ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. Any act done negligently or with intent would likely be charged as crime – which is why the fine is lowered in this ordinance.  4.37 - Douglas County Parking Ordinance Repealed now in 4.32  4.38 - Trespass to Land - Special not revised  4.39 - Synthetic Drug Establishments - not revised  4.40 - Aquatic Invasive Species – not revised 4.XX Operation of Golf Carts on Douglas County Highways – new ordinance New ordinance - authority referenced. 4.XXX Loitering and/or Prowling – new ordinance New ordinance - authority referenced. 4.XXXX Theft of Property – new ordinance New ordinance to include state statutes which are referenced and adopted as if set forth in the ordinance. DOUGLAS COUNTY ORDINANCE #4.005 ORDINANCE ENFORCEMENT BY CITATION AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committees to amend Douglas County Ordinance #4.005 as shown in exhibit B-10-26. Dated this 15th day of October 2026. Exhibit B-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT B-10-26 Douglas County Ordinance 4.005 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 Chapter 4.005, Page 1 4.005 ORDI NANCE ENFORCEMENT BY CITATION THE COUNTY B OARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. AUT HORITY AND STATEMENT OF PURPOSE A. The ordinances ena cted in the following chapters and section shall constitute and be designated the Code of Ordinances, Douglas County, Wisconsin, and is enacted under the authority granted §§59.02, 59.04, 59.54 and 66.0113, Wis. Stats. This chapter is to establish a method of citation enforcement for violations of county ordinances including those ordinances for which a statutory counterpart exists. B. The adoption her ein of the citation method of enforcement shall not preclude the county or officers authorized to issue citations under this section from proceedings under any other enforcement ordinance, regulation, statute, law, rule or order that pertains to the subject matter addressed by the citation or to any other matter. Proceedings under any other ordinance, statute, law, rule or regulation pertaining to that or any other matter shall not preclude the issuance of a citation. C. Unless other wise specified in the adopting ordinance, all ordinances without a statutory counterpart adopted subsequent to this section shall be enforced by the citation method, provided that the Douglas C ounty Board of Supervisors shall, in conjunction with enacting any such ordinance, establish a cash deposit for the violation unless the Board shall decide to enforce the ordinance other than by the citation method. The deposit set for each new ordinance shall be incorporated by reference to the schedule, contained herein. The provision of paragraph (B) above shall apply to all new ordinances. SECTION II. ME THOD OF ENFORCEMENT OF CITATION A. The citation shall contain the following: 1. The name and addr ess of the alleged violator; and 2. The factual al legations describing the alleged violation; and 3. The time and place of the offense; and 4. The section of the ordinance violated; and BACK Chapter 4.005, Page 2 5. A des ignation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so; and 6. The t ime at which the alleged violator may appear in court; and 7. A s tatement which in essence informs the alleged violator: (a) That a cash deposit based on the Schedule of Deposits, established by this chapter (attached as Appendix A) may be made and delivered or mailed to the Douglas County Clerk of Court prior to the time of the scheduled court appearance. (b) That, if the alleged violator makes such a deposit, no appearance in court is necessary unless appearance is mandated by the court or he or she is subsequently summoned. (c) That , if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under Chapter 814, Wis. Stats, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the pleas of no contest. (d) That , if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant’s arrest or consider the appearance to be a plea of no contest and enter judgment under §66.0113(3)(d), Wis. Stat. or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Chapter 814, Wis. Stats. (e) That if the court finds that the violation involves an ordinance that prohibits conduct that is the same or as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under §800.093, Wis. Stat. 8. A di rection that if the alleged violator elects to make a cash deposit, Chapter 4.005, Page 3 the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under §66.0113(1)(b)(7) and herein and shall send the signed statement with the cash deposit. B. Enforcement 1. Citations may be issued by the Douglas County Sheriff’s Department and the Douglas County District Attorney’s Office for enforcement of any ordinances authorized under this chapter. C. Penalty 1. The penalty shall include the violator’s payment of: a. any forfeitures; and b. any costs, fees and surcharges that may be imposed under Chapter 814, Wis. Stats.: and c. any restitution ordered under §800.093, Wis. Stats.; and d. payment of all fees and disbursements of Douglas County, allowed by law and incurred in connection with the prosecution of the forfeiture action. 2. In any case, where a penalty is provided for any act or omission, they shall be held to apply to each and every such act or omission, and when such act or omission is of a continuing character, it shall apply to each and every day's continuance thereof. 3. Where no other penalty is provided in this Code, any person, firm or corporation violating any provision of this Code shall upon conviction, forfeit a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) together with the costs of prosecution or in default of payment of such fine and costs of prosecution, shall be imprisoned in the county jail until payment of the forfeiture and costs of prosecution, but not to exceed sixty (60) days - unless the individual is found to be indigent. D. Schedule of Deposits 1. The attached schedule of cash deposits required for the various ordinance violation is established for use with citations issued under this chapter consisting of a forfeiture plus applicable costs, penalties and assessments as prescribed by Chapter 814, Wis. Stats. Chapter 4.005, Page 4 2. The Douglas County Clerk of Court shall provide a receipt for deposits made. E . Severability 1. If any provision of this chapter is held to be invalid or unconstitutional, or if the application of this chapter to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or applications of this chapter which can be given effect without the invalid or unconstitutional provision or application. ORDINANCE OFFENSE DEPOSIT CHAPTER 4 4.01 Closing Time First Offense 275.00 Second Offense 400.00 Third Offense 600.00 4.02A Endangering Safety by Use of Dangerous Weapon First Offense 358.00 Second Offense 500.00 Third Offense 700.00 4.02B Regulation of Fireworks First Offense 250.00 Second Offense 375.00 Third Offense 500.00 4.03 Disorderly Conduct First Offense 275.00 Second Offense 450.00 Third Offense 600.00 4.04 Resisting or Obstructing Officer First Offense 358.00 Second Offense 500.00 Third Offense 750.00 4.05 Damage to Property First Offense 295.00 Second Offense 465.00 Third Offense 625.00 4.06 Protection of Animals First Offense 100.00 Second Offense 200.00 Third Offense 400.00 4.07 Retail Theft; Theft of Services First Offense 250.00 Second Offense 375.00 Third Offense 550.00 4.08 Issue of Worthless Checks First Offense 250.00 Second Offense 375.00 Third Offense 550.00 4.09 Possession of Alcohol Beverages on School Grounds Prohibited First Offense 100.00 Second Offense 175.00 Third Offense 200.00 4.12 Alcohol Beverages; Restrictions Relating to Underage Person Offense 500.00 4.13 Public Assemblage 1032.00 Deposit Schedule 4.14 Prohibition of Weapons in County Buildings First Offense 358.00 Second Offense 500.00 Third Offense 700.00 4.15 Trespass to Land First Offense 295.00 Second Offense 465.00 Third Offense 625.00 4.18 Alcohol Beverages; Underage Person Prohibitions First Offense 265.00 Second Offense 400.00 Third Offense 525.00 Fourth or Subsequent Offense 768.00 4.19 Misrepresentation of Age by Underage Person First Offense 265.00 Second Offense 400.00 Third Offense 525.00 Fourth or Subsequent Offense 768.00 4.20 Contributing to the Delinquency of a Child First Offense 358.00 Second Offense 500.00 Third Offense 700.00 4.21 Unlawful Assemblies and their suppression First Offense 350.00 Second Offense 500.00 Third Offense 750.00 4.22 Littering A-D First Offense 250.00 Second Offense 325.00 Third Offense 400.00 E First Offense 750.00 Second Offense 1000.00 4.24 Truancy and Habitual Truancy First Offense 250.00 Second Offense 375.00 Third Offense 500.00 4.25 Contributing to Truancy First Offense 250.00 Second Offense 375.00 Third Offense 500.00 4.26 Pawnbrokers and Secondhand Dealers N/A 4.27 Charge for Excessive False Alarms Up to 4 alarms in one year period 5 alarms and up 100.00 (ea.) 4.28 Primary Structure Address Ordinance 100.00 4.29 School Trespass First Offense 275.00 Second Offense 400.00 Third Offense 600.00 4.30 Curfew Violator under age eighteen First Offense 150.10 Second Offense 275.00 Third Offense 450.00 Violator parent/adult First Offense 275.00 Second Offense 450.00 Third Offense 600.00 4.31 Restrictionson Sale or Gift of Cigarettes, Nicotine Products etc. to Minors 4.31A III A Retailer et all Sell or Provide to Minor First Offense 250.00 Second Offense 360.00 4.31A III B Retailer et all Provide Products Where Minors Present First Offense 250.00 Second Offense 360.00 4.31 A III C Notice on Premises of Unlawful to Sell to Minors First Offense 25.00 4.31A III D Vending Machine Notice of Unlawful to Sell to Minors First Offense 25.00 4.31A III E No Sale from Vending Machine Where Minors Present First Offense 150.00 Second Offense 260.00 4.31A III F No Sale in a Form Other than Stamp Affixed First Offense 260.00 Second Offense 360.00 4.32A Douglas County Government Facilities Parking A-J First Offense 35.00 Second Offense 75.00 Third Offense 150.00 K First Offense 150.00 Second Offense 200.00 Third Offense 300.00 4.32B Restrictions on Stopping and Parking Within Douglas County 4.32B. Sec. A First Offense 35.00 Second Offense 75.00 Third Offense 200.00 4.32B.Sec. B First Offense 35.00 and C Second Offense 75.00 Third Offense 150.00 4.33A Possession of Marijuana and Synthetic Cannabinoid 350.00 4.33B Possession of Drug Paraphernalia First Offense 326.50 Second Offense 452.50 Third and Subsequent Offense 578.50 4.33C Abuse of Hazardous Substance First Offense 263.50 Second Offense 350.00 Third Offense 450.00 4.34A Harassment First Offense 275.00 Second Offense 450.00 Third Offense 600.00 4.34B Unlawful Use of Telephone First Offense 275.00 Second Offense 450.00 Third Offense 600.00 4.34C Unlawful Use of Computerized Communication Systems First Offense 275.00 Second Offense 450.00 Third Offense 600.00 4.35 Unnecessary Noise and/or Acceleration A. First Offense 250.00 Second Offense 325.00 Third Offense 400.00 B. First Offense 50.00 Second Offense 150.00 4.36 Abuse and Harassment of Law Enforcement and Fire Department Animals First Offense 350.00 Second Offense 500.00 Third Offense 750.00 4.38 Trespass to Land - Special 358.00 4.39 Synthetic Drug Establishments First Offense 452.00 Second Offense 578.00 Third Offense 704.00 Fourth or Subsequent Offense 767.00 4.40 Aquatic Invasive Species - Transport, Possess or Transfer Prohibited Invasive Species 200.00 4.XX Operation of Golf Carts on Douglas County Highways First Offense 150.00 Second Offense 250.00 Third Offense 400.00 4.XXX Loitering and/or Prowling First Offense 100.00 Second Offense 200.00 Third Offense 300.00 4.XXXX Theft of Property First Offense 375.00 Second Offense 500.00 Third Offense 625.00 DOUGLAS COUNTY ORDINANCE #4.01 CLOSING HOURS AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.01 as shown in exhibit C-10-26. Dated this 15th day of October 2026. Exhibit C-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT C-10-26 Douglas County Ordinance 4.01 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.01 CLOSING HOURS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(6), Wis. Stats., Douglas County does hereby establish the ordinance - Alcohol Beverages: Closing Hours – state statutes adopted. Douglas County hereby adopts and incorporates as if fully set forth by reference §§125.32(3), and 125.11, Wis. Stats. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATIONS A. No premises holding a Class "B" intoxicating liquor license, Class "B" fermente d malt beverage license, or combination thereof, shall remain open during hours prohibited by Wisconsin Statute §§125.32(3). B. All patrons and guests shall vacate licensed premises during the hours such premises are required to be closed by Wisconsin law. C. Nothing in this Ordinance shall be construed to permit hours of operation that are prohibited by Chapter 125 of the Wisconsin Statutes. SECTION III . PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a sec ond violation, a forfeiture of not less than $250 nor more than $750. C. For a thi rd and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. BACK SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.02A DISCHARGE OF FIREARMS AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.02A as shown in exhibit D-10-26. Dated this 15th day of October 2026. Exhibit D-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT D-10-26 Douglas County Ordinance 4.02A Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.02A ENDANGERING SAFETY BY USE OF A DANGEROUS WEAPON THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance - Endangering Safety by Use of Dangerous Weapon. Douglas County hereby adopts and incorporates as if fully set forth by reference §941.20(1), Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATIONS Any person who does the following shall be in violation of this ordinance: A. Endangers another’s safety by the negligent operation or handling of a dangerous weapon. B. Operates or goes armed with a firearm while he or she is under the influence of an intoxicant. C. Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. D. Intention ally points a firearm at or toward another. E. While on t he lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. BACK SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.02B FIREWORKS (NEW TITLE: REGULATION OF FIREWORKS) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.02B as shown in exhibit E-10-26. Dated this 15th day of October 2026. Exhibit E-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT E-10-26 Douglas County Ordinance 4.02B Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.02B REGULATION OF FIREWORKS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §167.10(5), Wis. Stats, Douglas County does hereby establish the ordinance - Regulation of Fireworks. Douglas County hereby adopts and incorporates as if fully set forth by reference §167.10, Wis Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATION No person s hall possess, use or sell fireworks without a permit. For purposes of this ordinance fireworks is defined as anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION VI. EF FECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this or dinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.03 DISORDERLY CONDUCT AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.03 as shown in exhibit F-10-26. Dated this 15th day of October 2026. Exhibit F-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT F-10-26 Douglas County Ordinance 4.03 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.03 DISORDERLY CONDUCT THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance - Disorderly Conduct. Douglas County hereby adopts and incorporates as if fully set forth by reference §947.01, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATION Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is in violation of this ordinance. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION VI. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.04 RESISTING OR OBSTRUCTING OFFICER AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.04 as shown in exhibit G-10-26. Dated this 15th day of October 2026. Exhibit G-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT G-10-26 Douglas County Ordinance 4.04 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.04 RESISTING OR OBSTRUCTING OFFICER THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance - Resisting or Obstructing Officer. Douglas County hereby adopts and incorporates as if fully set forth by reference §946.41, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATION Whoever knowingly resists or obstructs an officer while such officer is doing any action i n an official capacity and with lawful authority is in violation of this ordinance. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.05 CRIMINAL DAMAGE TO PROPERTY (NEW TITLE: DAMAGE TO PROPERTY) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.05 as shown in exhibit H-10-26. Dated this 15th day of October 2026. Exhibit H-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT H-10-26 Douglas County Ordinance 4.05 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.05 DAMAGE TO PROPERTY THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance - Damage to Property. Douglas County hereby adopts and incorporates as if fully set forth by reference §943.01, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATION Whoever intentionally causes damage to any physical property of another without the person’ s consent is in violation of this ordinance. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a sec ond violation, a forfeiture of not less than $250 nor more than $750. C. For a thi rd and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this or dinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.06 PROTECTION OF ANIMALS AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.06 as shown in exhibit I-10-26. Dated this 15th day of October 2026. Exhibit I-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT I-10-26 Douglas County Ordinance 4.06 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.06 PROTECTION OF ANIMALS THE COUNTY B OARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The purpose of this ordinance is to establish and enforce an effective rabies control and licensure program in Douglas County as well as creating an effective and efficient manner of enforcing laws relating to control of animals. SECTION II. AUTHORITY This ordina nce hereby adopts the provisions of Section 95.21, Chapters 172,173, 174 and 951 of the Wisconsin Statutes exclusive of any penalties specified herein. SECTION III . JURISDICTION This ordinanc e shall be effective and enforceable in all areas of Douglas County except where a city, village, or town has enacted a more restrictive animal control ordinance or as otherwise noted herein. SECTION IV . DEFINITIONS A. Animal means every living: 1. Warm-blooded creature, except a human being; 2. Reptile; or 3. Amphibian. B. Domestic animal means any animal, which normally can be considered tame and converted to home life or livestock. C. Exotic animal means primates (all); wolves, jackals, dingos, coyotes and all hybrids; all species of wild cats including, but not limited to, lions, tigers, leopards, jaguars, cougars, caracals, servals, bobcats and hybrids; marsupials including kangaroos and wallabies; venomous snakes and any other nonindigenous wild animals as designated by the local authorities. D. Officer means any duly sworn law enforcement employee of the Douglas County Sheriff Department as well as any humane officer. Chapter 4.06, Page 8 BACK SECTION V. RABIES CONTROL A. Rabies vaccination required for dogs. Except as provided in Wisconsin Statute 95.21(2)(d) or 174.054, the owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five (5) months of age and revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached five (5) months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog i s obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three (3) years after the previous vaccination. B. Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times but, this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors, to a dog securely confined in a fenced area, or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Section V.A. above. C. Reporting required. 1. The owner of any animal which is suspected of having bitten a person, of being infected with rabies or of having had contact with a rabid animal, or any other person having such information shall report that fact as soon as possible to an officer. 2. The owner of a dog that is used by a law enforcement agency is exempt from the reporting requirement of sub. (1) if a person is bitten while the dog is performing proper law enforcement functions. This exemption is valid as long as the dog’s rabies vaccinations are current. D. Compliance with quarantine order. 1. The owner of any animal which is suspected of biting a person, of being infected with rabies or of having been in contact with a rabid Chapter 4.06, Page 9 animal, shall obey the lawful orders of any officer quarantining the animal pursuant to the authority of sections 95.21(4) and (5), Wis. Stats. 2. The owner of a dog that is used by a law enforcement agency is exempt from the quarantine requirement of sub. (1) if a person is bitten while the dog is performing proper law enforcement functions. This exemption is valid as long as the dog’s rabies vacc inations are current. SECTION VI. OWNERS OR CUSTODIANS TO CONTROL ANIMALS A. An owner or custodian of an animal shall not permit, whether negligently or otherwise, the animal to run at large. An animal is considered to be running at large if it is off the premises of the owner or custodian and not under the control of the owner or custodian. B. When an animal is off the property of its owner or custodian, the owner or custodian shall not permit, whether negligently or otherwise, the animal to attack, bite or otherwise injure: 1. Any other domestic animal; 2. Any person who is engaged in lawful activity. C. The owner or custodian of an animal in violation of this section may be fined and held responsible for any costs incurred for damages caused by or for removal of animals which are in violation of this section. Any animal in violation of this section is subject to impoundment. D. Every owner of a dog over the age of five (5) months shall obtain a dog license for the dog as required by state statute. The owner of a dog shall securely attach the tag, which is furnished at the time of issuance of the dog license, to a collar which in turn shall be kept on the dog at all times except when provided otherwise by state statute. E. The owner or custodian of a dog must prevent them from becoming a public nuisance. A public nuisance is created by any owner or custodian who allows excessive, continuous or untimely barking, howling, crying or yelping, or the making of loud continuous disruptive noises. This section shall not apply to dogs kept on a farm operation for the purpose of protecting domestic animals. Chapter 4.06, Page 10 SECTION VII. MISTREATING ANIMALS No person may treat any animal, whether belonging to the person or another, in a cruel manner. This ordinance does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. SECTION VIII. USE OF POISONOUS AND CONTROLLED SUBSTANCES No person may expose any domestic animal whether belonging to the person or another to any known poisonous substance, any controlled substance included in schedule I, II, III, IV or V of Chapter 961, Wis. Stats, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This ordinance shall not apply to poison use on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices. SECTION IX. PROVIDING PROPER FOOD AND DRINK TO CONFINED ANIMALS No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this ordinance. A. Food. The food shall be sufficient to maintain all animals in good health. B. Water. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal. SECTION X. PROVIDING PROPER SHELTER No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located. A. Indoor Standards. Minimum indoor standards of shelter shall include: 1. Ambient temperatures. The ambient temperature shall be compatible with the health of the animal. 2. Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times. Chapter 4.06, Page 11 B. Outdoor Standards. Minimum outdoor standards of shelter shall include: 1. Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals. 2. Shelter from inclement weather. (a) Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. (b) Dogs. If a dog tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided. C. Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include: 1. Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals. 2. Space Requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns. D. Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excrete and other waste materials, dirt and trash so as to minimize health hazards. SECTION XI. NEGLECTED OR ABANDONED ANIMALS No person may neglect or abandon any animal. SECTION XII. ENFORCEMENT The enforcement of this ordinance may be by any law enforcement officer as that Chapter 4.06, Page 11.1 term is used in Wisconsin Statute 951.01(4). This includes enforcement by any humane officer as shall be designated and appointed by the Douglas County Board of Supervisors. SECTION XIII. EXOTIC ANIMALS A. Any exotic animal kept in the County of Douglas shall be contained in a pen or enclosure of proper size and strength as to prohibit the animals escape. B. It shall be the duty of each individual city, town, or local municipality to regulate or implement any ordinance concerning the sale or keeping of exotic animals, as they see fit. If at any time County personnel are needed in order to contain, capture, or humanely destroy an exotic animal, the animal owner will be responsible for the costs associated. SECTION XIV. PENALTIES A. Any person violating any provision of this ordinance shall be subject to forfeitures as listed below. If any violation continues, each day of continued violation shall be deemed a separate violation. B. Vaccination Violation: Vaccination enforcement as set forth in Wisconsin Statutes 95.21. Any person having a dog with no verifiable current rabies vaccination shall pay a forfeiture of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00) for subsequent offenses. C. Quarantine Violation: Failure to comply with quarantine or to deliver an animal to an officer or isolation facility or veterinarian, shall be fined not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) or imprisoned not more than 60 days or both. D. Other Violations: Any person who violates any other provision except (B) and (C) above, may be required to forfeit the following: 1. 1 st Forfeiture $100.00 2. 2 nd Forfeiture $200.00 3. 3 rd Forfeiture $400.00 SECTION XV. EFFECTIVE DATE This ordinance shall take effect upon passage and publication. Chapter 4.06, Page 11.2 DOUGLAS COUNTY ORDINANCE #4.07 SHOPLIFTING (NEW TITLE: RETAIL THEFT; THEFT OF SERVICES) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.07 as shown in exhibit J-10-26. Dated this 15th day of October 2026. Exhibit J-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT J-10-26 Douglas County Ordinance 4.07 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.07 RETAIL THEFT; THEFT OF SERVICES THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance – Re tail Theft– state statute adopted. Douglas County hereby adopts and incorporates as if fully set forth by reference §943.50, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATIONS A. A person may be penalized if he or she does any of the following without the merchant’s consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property: 1. Intention ally alters the indicia of price or value of merchandise held for resale by a merchant or property of a merchant. 2. Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant. 3. Intentionally transfers merchandise held for resale by a merchant or property of a merchant. 4. Intentionally conceals merchandise held for resale by a merchant or property of a merchant. 5. Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant. 6. While anywhere in the merchant’s store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant. BACK 7. Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor. 8. Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant. B. Any person may be penalized if, having obtained a service from a service provider, he or she, without the service provider’s consent and with intent to deprive the service provider permanently of the full price of the service, absconds and intentionally fails or refuses to pay for the service. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.08 ISSUE OF WORTHLESS CHECK AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.08 as shown in exhibit K-10-26. Dated this 15th day of October 2026. Exhibit K-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT K-10-26 Douglas County Ordinance 4.08 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.08 ISSUE OF WORTHLESS CHECK THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance – Issue of Worthless Check. Douglas County hereby adopts and incorporates as if fully set forth by reference §943.24, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATION Whoever issues any check or other order for the payment of not more than $1,000 whi ch, at the time of issuance, he or she intends shall not be paid is in violation of this ordinance. SECTION III . PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $750. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.09 POSSESSION OF LIQUOR OR FERMENTED MALT BEVERAGES ON SCHOOL GROUNDS (NEW TITLE: POSSESSION OF ALCOHOL BEVERAGES ON SCHOOL GROUNDS PROHIBITED) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.09 as shown in exhibit L-10-26. Dated this 15th day of October 2026. Exhibit L-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT L-10-26 Douglas County Ordinance 4.09 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.09 POSSESSION OF ALCOHOL BEVERAGES ON SCHOOL GROUNDS PROHIBITED THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §125.10(2), Wis. Stats, Douglas County does hereby establish the ordinance P ossession of Alcohol Beverages on School Grounds Prohibited. Douglas County hereby adopts and incorporates as if fully set forth by reference §125.09(2), Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATIONS No person may possess or consume alcohol beverages: A. On sch ool premises B. In a motor vehicle, if a pupil attending the school is in the motor vehicle C. While participating in a school-sponsored activity Exception: Alcohol beverages may be possessed or consumed on school premises, in a motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administration consistent with applicable laws, ordinances and school board policies. SECTION III. PENALTIES Any person violating Section II above i s subject to the following penalties: A. For a first violation, a forfeiture of not less than $100. B. For a second violation, a forfeiture of not less than $150 nor more than $175. C. For a third and subsequent violation, a forfeiture of not less than $175 nor more than $200. BACK SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.10 PRESENCE OF UNDERAGE PERSONS IN PLACES OF SALE OF INTOXICATING LIQUOR OR FERMENTED MALT BEVERAGES PROHIBITED REPEALED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: Ordinance #4.10 is repealed upon the effective date of this ordinance. Dated this 15th day of October 2026. Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 DOUGLAS COUNTY ORDINANCE #4.12 SALE OF INTOXICATING LIQUOR OR FERMENTED MALT BEVERAGES TO UNDERAGE PERSONS (NEW TITLE: ALCOHOL BEVERAGES; RESTRICTIONS RELATING TO UNDERAGE PERSONS) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.12 as shown in exhibit M-10-26. Dated this 15th day of October 2026. Exhibit M-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT M-10-26 Douglas County Ordinance 4.12 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.12 ALCOHOL BEVERAGES; RESTRICTIONS RELATING TO UNDERAGE PERSONS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §125.10(2), Wis. Stats, Douglas County does hereby establish the ordinance – Alcohol Beverages; Restrictions Relating to Underage Persons. Douglas County hereby adopts and incorporates as if fully set forth by reference §125.07(1), Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATIONS Restrictions relating to underage persons: A. No perso n may procure for, sell, dispense or give away any alcohol beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. B. No licensee or permittee may sell, vend, deal or traffic in alcohol beverages to or with any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age. C. No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on property, including any premises, owned and occupied by the adult or occupied by the adult and under the adult’s control. 1. This applies at a lodging establishment only if the adult has furnished payment or security for the lodging. 2. This does not apply to alcohol beverages used exclusively as part of religious services. BACK D. No adult may intentionally encourage or contribute to any underage person doing the following: 1. Procuring or attempting to procure alcohol from a licensee or permittee. 2. Possessing or consuming alcohol beverages on a licensed premises unless accompanied by a parent, guardian or spouse who has attained the legal drinking age. 3. Entering, knowingly attempting to enter or being on premises licensed for the retail sale of alcohol beverages in violation of §125.07(3)(a), Wis. Stats. SECTION III. PENALTIES Any person violating Section II above is subject to a forfeiture of not more than $500, if the person has not committed a previous violation within 30 months of the violation. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.13 PUBLIC ASSEMBLAGE AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.13 as shown in exhibit N-10-26. Dated this 15th day of October 2026. Exhibit N-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT N-10-26 Douglas County Ordinance 4.13 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 Chapter 4.13, Page 20 4.13 PUBL IC ASSEMBLAGE ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The purpose of this section is to provide regulations for assemblage in order to protect the public health, safety and welfare from the potential adverse effects which may arise from the assemblage of large groups of people, upon premises not regularly used for or developed to regularly accommodate such events or gatherings. Such regulations are intended to protect against: traffic congestion; the overcrowding of lands; the potential for fires, explosion, riot, disorder or other dangers to persons or property; the diversion of public health, safety and emergency services from regular necessary duties; the additional cost to the community of providing public services necessary to protect the public health, safety and welfare arising from such temporary assemblies; to promote the preservation of public peace and order; and the furtherance of sanitation and the safeguarding of the public health as provided in Wis. Stat. §§ 59.54(6), 59.56(12)(b), 947.06. SECTION II . DEFINITIONS A. "Public Assemblage” or “Assembly” means a temporary gathering of persons assembled together at any location at a single time, which is open to the general public and organized, produced or sponsored by a person or persons; is not ordinarily conducted on a daily or regular normal average use basis as a lawful use of the premises upon which such event is to occur; cannot be held completely within the confines of a building(s) on such premises; and for which event the number of persons attending will at any time exceed the maximum occupancy of the building(s) on the property or will substantially exceed the normal patronage and traffic otherwise attending such premises. Such assemblies include, but are not limited to, festivals, carnivals, athletic or contest tournaments, concerts, picnics and fairs. B. “Person” m eans any individual natural human being, partnership, corporation, firm, company, association, society or group. C. “Public Assemblage Licensing Review Committee” is composed of: County Administrator, County Board Chair, Corporation Counsel, County Clerk, Sheriff (or designee), Land Services Director, and Health Officer. BACK Chapter 4.13, Page 21 SECTION III. LICENSE REQUIRED A. No person shall permit, maintain, promote, conduct, advertise, undertake, organize, manage, or sell or give tickets to any actual or reasonably anticipated assembly of 1,000 or more people, which continues or can reasonably be expected to continue for 6 or more consecutive hours and shall occur between the hours of noon and midnight, whether on public or private property, unless a license to hold the assembly has been issued by the Public Assemblage Licensing Review Committee, application for which must be made at least 90 days in advance of the assembly. A license to hold an assembly issued to one person shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly. B. A separate license shall be required for each day and each location for any actual or reasonably anticipated assembly of 1,000 or more people; each separate license shall require payment of a separate license fee. C. A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to, nor permit persons to assemble at the license location at any time than as is specified in the license. D. The licensee shall not permit sound to carry unreasonably beyond the enclosed boundaries of the location of the assembly. E. A license issued under this section shall specify the days upon which the event shall occur. Such license shall also specify the dates and hours during which pre- event setup and post -event takedown operations may occur . Licensee shall not sell tickets nor allow public access during event set up and takedown operations. SECTION IV. CONDITIONS FOR ISSUING LICENSE Before an applicant may be issued a license the applicant shall first: A. Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum number which can reasonably assemble at the location of the assembly, and provided that where the assembly is to continue overnight the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the county and municipality where the event is located; and B. Provide proof that the applicant will furnish at his or her own expense before the assembly commences: 1. A fence completely enclosing the proposed location, of sufficient height and strength to prevent people in excess of the maximum Chapter 4.13, Page 22 permissible number from gaining access to the assembly grounds, which shall have at least four gates, at least one at or near four opposite points of the compass; 2. Potable water, meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day and water for bathing at the rate of at least 10 gallons per person per day; 3. Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every 150 females and at least one toilet for every 300 males together with an efficient, sanitary means of disposing of waste matter deposited, which is in compliance with all state and local laws and regulations; and a continuous supply of soap and paper towels shall be provided with each toilet; 4. A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 lbs. of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tight fitting lids and personnel to perform the task; 5. Paramedics and/or Emergency Medical Technicians (EMT) to provide the average medical care enjoyed by residents of Wisconsin for the maximum number of people to be assembled at the rate of at least one Paramedic/EMT for every 800 people, together with an enclosed covered structure where treatment may be rendered, containing a separately enclosed treatment room and at least one emergency ambulance available for use at all times; treatment room may be mobile and ambulance must be within ten (10) minutes away; 6. If the assembly is to be continued during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five foot candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly; 7. A free parking area sufficient to provide off -street parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. Such parking areas shall be specified within the application. All temporary parking Chapter 4.13, Page 23 facilities shall be maintained free of dust or mud and all dirt or mud tracked onto the public right -of-way shall be cleared and removed within 2 hours following the close of the event on any day. The Sheriff’s Department shall post temporary parking- related regulations on public streets for assemblies only if determined necessary by the Sheriff for public traffic safety or as may be directed by the Public Assemblage Licensing Review Committee within the license approval process; 8. A minimum of one working emergency telephone; 9. If the assembly is to continue overnight, camping facilities in compliance with all state and local requirements as set forth in the Wisconsin Administrative Code and ordinances of Douglas County, sufficient to provide camping accommodations for the maxim um number of people to be assembled; 10. Security guards, must be duly sworn, off -duty Wisconsin peace officers licensed in Wisconsin, sufficient to provide adequate security for the maximum number of people to be assembled with a minimum of 3 law enforcement officers, and at the rate of at least 1 additional officer for every 500 people over 1000, as set forth in the license; 11. Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly as set forth in the Wisconsin Administrative Code and Ordinances of Douglas County, and sufficient emergency personnel to efficiently operate the required equipment; 12. All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly. The sound level at the property line of the assembly shall not exceed 70 decibels on the A scale slow response, to be determined by a qualified law enforcement officer; 13. A bond, filed with the County Clerk of Douglas County, either in cash or underwritten by a surety company licensed to do business in Wisconsin in the amount of $10,000 per day, which shall indemnify and hold harmless Douglas County or any of its agents, of ficers, servants and employees from any liability or causes of action which might arise by reason of granting this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly. 14. Compliance with all other State and Municipal Code Provisions. No Chapter 4.13, Page 24 assembly shall occur unless all other necessary municipal permits, licenses and approvals applicable to the assembly activities have been granted and any license granted under this subsection shall be conditioned upon the licensee obtaining all such other licenses, permits and approvals. SECTION V. APPLICATION A. Application for a license to hold an actual or reasonably anticipated assembly of 1,000 or more persons shall be made in writing to the Public Assemblage Licensing Review Committee at least 90 days in advance of such assembly. B. The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the person making application. In the case of a corporation, by all officers; in the case of a partnership, by all partners; or by all officers of an unincorporated association, society or group or, if no officers, by all members of such association, society or group. C. The application shall contain and disclose: 1. The name, address and home and business telephone numbers of the authorized representative of the applicant who shall be responsible for the conduct of the assembly and available to Douglas County at all times for all communications and necessary contacts; 2. The name, age, residence, telephone number and mailing address of all persons required to sign the application by this section and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10% or more of the stock of said corporation; 3. The address and legal description of all property upon which the assembly is to be held together with the name, residence and mailing address of the record owner(s) of all such property; 4. Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for an assembly of 1,000 or more persons; 5. The nature or purpose of the assembly; 6. The total number of days and/or hours during which the assembly is Chapter 4.13, Page 25 to be held; 7. Dates and times of planned setup and takedown operations; 8. The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly, or the maximum number of persons allowed to sleep within the boundaries of Douglas County if the assembly is to continue overnight; 9. The maximum number of tickets to be sold, if any; 10. Records of ticket sales and attendance from last year event held, if applicable; 11. The plans of the applicant to limit the maximum number of people permitted to assemble; 12. The plans for fencing the location of the assembly and the number and locations of gates contained in such fence; 13. The plans for supplying potable water including the source, amount available and location of outlets; 14. The plans for providing toilet and lavatory facilities including the source number and location, type, and the means of disposing of waste deposited; 15. The plans for holding, collection, and disposing of solid waste material; 16. The plans to provide for medical facilities including the location and construction of a medical structure, the names and addresses and hours of availability of physicians and nurses, and provisions for emergency ambulance service; 17. The plans, if any, to illuminate the location of the assembly including the source and amount of power and the location of lamps; 18. The plans for parking vehicles , including size and location of lots, points of highway access and interior roads, routes between highway access and interior roads and routes between highway access and parking lots; 19. The plans for telephone service including the source, number and Chapter 4.13, Page 26 location of telephones; 20. The plans for camping facilities, if any, including facilities available and their location; 21. The plans for security including the number of guards, their deployment, credentials and hours of availability; 22. The plans for fire protection including the number, type and location of all protective devices including alarms and extinguishers, and the number of emergency fire personnel available to operate the equipment. 23. The plans for sound control and sound amplification, if any, including number, location and power of amplifiers and speakers; 24. The plans for food concessions and concessioners who will be allowed to operate on the grounds including the types and number of vendors and their license or permit numbers; 25. The plans and specific description for each of any other type of vendor or amusement or entertainment provider who will be allowed to operate on the grounds, including the names and addresses of all such vendors and their license or permit numbers, if any. D. The application shall include the bond required herein, and a nonrefundable license administration and review fee payable to Douglas County in the amount of $100.00 for each day wherein there is reasonably anticipated to be an assembly of 1,000 or more people. In addition, an assembly licensee shall be responsible for and pay to Douglas County a fee for all law enforcement and fire services provided by Douglas County for the assembly. Such law enforcement and fire services assembly fee shall not exceed the actual cost of providing the services. Such fee shall be paid to Douglas County by the licensee within 10 days of the date of itemized invoice for same prepared by Douglas County subsequent to the assembly. Prior to any Public Assemblage Licensing Review Committee approval of an assembly license, the Sheriff and Fire Chief of the municipality where the event is located shall review the application and report to the Public Assemblage Licensing Review Committee their respective findings as to the reasonable estimates of the costs of providing law enforcement and fire services reasonably required by the assembly. The licensee shall provide the Sheriff and Fire Chief with all information necessary to determine the level of services required. After reviewing such reports, upon which the applicant may be heard, the Public Assemblage Licensing Review Committee shall may specify as a condition of the license, that the applicant deposit with Douglas County security in the form of a bond, letter of credit or cash deposit, in form approved by Douglas County Corporation Counsel in an amount determined to be sufficient to guarantee payment for the anticipated cost of providing such assembly law enforcement and fire services. Such security deposit shall be made by the licensee no later than 10 Chapter 4.13, Page 27 days prior to the assembly. Such security deposit shall entitle Douglas County to draw upon same forthwith upon any default in payment by the licensee after services invoice, with any remaining balance of any cash deposit to be returned to the licensee. Any determined deficiency for such service fees beyond the security deposit shall be a debt of the licensee to Douglas County, collectible by Douglas County in an action at law, which shall also entitle Douglas County to all costs of collection, including attorney fees and further, shall also constitute a lien against the assembly premises to be placed upon the tax roll for such premises. If the Douglas County Health Officer reports the need for an extra (non- staff) registered sanitarian for the assembly, the above terms and provisions pertaining to law enforcement and fire services and costs shall likewise apply to such extra sanitarian services and costs. SECTION VI. APPROVAL OR DENIAL OF APPLICATION A. Upon receipt of a completed application, the County Clerk shall submit the application for review to the Public Assemblage Licensing Review Committee, which shall approve, conditionally approve or deny the license within 45 working days of its filing. The Public Assemblage Licensing Review Committee shall issue the license if the application complies with all terms and provisions of this ordinance. B. Grounds for denial of the application shall include, but are not limited to the following: 1. Any false or misleading statements set forth upon the application. 2. The assembly is of such a size or nature so as to require the diversion of so great a number of municipal law enforcement or fire services so as to deny reasonable law enforcement or fire services to Douglas County as a whole. 3. The time, size and nature of the assembly would unduly disrupt the safe and orderly use of any street or public place or material portion thereof, which is ordinarily subject to congestion or traffic at the proposed time or substantially interrupts the safe and orderly movement of traffic. 4. The vehicles, temporary structures, sanitary facilities, tents, equipment or other materials used in the assembly do not comply with or meet all applicable health, fire or safety requirements. 5. The assembly will interfere or conflict with another assembly for which an application had been previously filed or with a construction or public works project. 6. The conduct of the assembly will be contrary to law, including noise Chapter 4.13, Page 28 regulations. 7. Either the applicant or a proposed assembly were previously licensed for a prior assembly under this section and violated any term of this section while operating under such license. 8. Federal, State or local emergency orders have been issued prohibiting public gatherings of the size applied for by the applicant. SECTION VII. APPEAL OF APPLICATION DENIAL Any applicant who has been denied an assembly license may, upon written request within 5 days of denial, have the denial reviewed by the Douglas County Executive Committee , which shall either affirm or reverse the initial action on the application. Such determination by the Douglas County Executive Committee shall constitute final action. SECTION VIII. EXEMPTIONS This ordinance shall not apply to: A. Any regularly established place of worship, stadium, athletic field, arena, auditorium, coliseum or other permanently established place of assembly for assemblies for which the number of persons attending will not exceed by more than 250 people the maximum seating capacity of the structure where the assembly is held. B. This ordinance shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed by other ordinances, resolutions and regulations of Douglas County. SECTION IX. REVOCATION The license may be revoked by the Douglas County Executive Committee at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with, any conditions previously met ceases to be complied with, or if Federal, State or local emergency orders have been issued prohibiting such gatherings. Chapter 4.13, Page 29 SECTION X. INDEMNITY The assembly license application shall contain a statement that: "The applicant agrees to indemnify and save harmless Douglas County from and against all liabilities, claims, demands, judgments, losses and all suits at law or in equity, costs and expenses, including reasonable attorney fees, for injury or death of any person or loss or damage to the property of any person, firm, organization or corporation, arising in any way as a consequence of the granting of a license for an assembly." No license may be issued unless the applicant has agreed to the terms of this statement on the written application. SECTION XI. INSURANCE Each applicant for a public assemblage license shall furnish to Douglas County, no later than 10 days prior to the assembly, a certificate of insurance written by a company licensed in the State of Wisconsin, approved by the Douglas County Corporation Counsel, and covering any and all liability or obligations which may result from the operations by the applicant's employees, agents, contractors or subcontractors, and including workers' compensation coverage in accordance with Wisconsin state law. The certificate shall provide that the company will furnish Douglas County with a 10-day prior written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and Douglas County against any claims arising from injuries to members of the public or damage to 'property of others arising out of any act or omission of the applicant, its employees, agents, contractors and subcontractors. The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of at least $1,000,000.00 aggregate coverage. SECTION XII. ENFORCEMENT A. The provisions of this ordinance may be enforced by way of injunctive relief and all other remedies available at law and in equity in any court of competent jurisdiction. B. The holding of an assembly in violation of any provision or condition contained in this ordinance shall be deemed a public nuisance and may be abated as such. C. Any person who violates any provision of this section, or who violates any condition upon which s/he is granted a license shall be subject to a forfeiture of not less than $1,000.00 nor more than $10,000.00. Each day of violation shall be considered a separate offense. Chapter 4.13, Page 30 SECTION XIII. SEVERABILITY The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. SECTION XIV. PREVIOUS INCONSISTENT ORDINANCES All ordinances and parts of ordinances in contravention to this ordinance are hereby repealed. SECTION XV. EFFECTIVE DATE This ordinance shall take effect and be in force from and after its passage and publication. Dated this 15 th day of May, 2003 Amendments: January 19, 2012 June 17, 2021 DOUGLAS COUNTY ORDINANCE #4.14 CARRYING A CONCEALED WEAPON (NEW TITLE: PROHIBITION OF WEAPONS IN COUNTY BUILDINGS) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.14 as shown in exhibit O-10-26. Dated this 15th day of October 2026. Exhibit O-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT O-10-26 Douglas County Ordinance 4.14 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.14 PROHIBITION OF WEAPONS IN COUNTY BUILDINGS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance – P rohibition of Weapons in County Buildings. Douglas County hereby adopts and incorporates as if fully set forth by reference §943.13, Wis. Stats. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. D EFINITIONS A. "Law enforcement officer" means a Wisconsin law enforcement officer as defined in Wis. Stats., §175.46(1)(g), or a federal law enforcement officer as defined in Wis. Stats., §175.40(7)(a)1. B. “Licensee” means an individual holding a valid license to carry a concealed weapon or an out-of-state licensee under Wis. Stats., §175.60. C. “Weapon” means any firearm (including a handgun), an electric weapon as defined in Wis. Stats., §941.295(1c)(a), a knife, a switchblade as defined under Wis. Stats., §941.24(1), a billy club or any device designed or used as a weapon and capable of causing great bodily harm or death. SECTION III . VIOLATION A. No person shall have in his or her possession, carry or bear any weapon within any county owned or leased buildings. BACK B. Except as otherwise provided, this ordinance shall not be construed to apply to the following persons while acting in their official capacity and with lawful authority: 1. Law enforcement officers. 2. Judges, district attorneys, assistant district attorneys and a licensee whom a judge has permitted in writing to carry a weapon while in the Douglas County Courthouse. Notice -signs, at a minimum 5 inches by 7 inches, which set forth the restrictions on weapons shall be posted in a prominent place near all of the entrances to such buildings. SECTION IV. PENALTIES Any person in violation of Section III above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $250 nor more than $500. B. For a second violation, a forfeiture of not less than $300 nor more than $500. C. For a third and subsequent violation, a forfeiture of not less than $500 nor more than $750. SECTION V. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.15 TRESPASS TO LAND AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.15 as shown in exhibit P-10-26. Dated this 15th day of October 2026. Exhibit P-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT P-10-26 Douglas County Ordinance 4.15 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.15 TRESPASS TO LAND THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance –Tr espass to Land. Douglas County hereby adopts and incorporates as if fully set forth by reference §943.13, Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATIONS Whoever does any of the following is subject to a forfeiture: A. Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped land specified in paragraph D. or E., without the express or implied consent of the owner or occupant. B. Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant. C. Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. D. Enters or remains on undeveloped land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land. E. Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land. F. Enters or remains on the premises of a campground after having been notified not to enter or remain on the premises or after having been notified that the owner or operator has withdrawn consent for the person to enter or remain on the premises. BACK Notice: a person has received notice from the owner or occupant within the meaning of this section if he or she as been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted if a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word owner if the person giving the notice is the holder of legal title to the land and by the word occupant if the person giving the notice is not the holder of the legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $150 nor more than $500. B. For a second violation, a forfeiture of not less than $250 nor more than $500. C. For a third and subsequent violation, a forfeiture of not less than $350 nor more than $500. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.17 SALE OF ALCOHOL BEVERAGES TO INTOXICATED PERSONS REPEALED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: Ordinance #4.17 is repealed upon the effective date of this ordinance. Dated this 15th day of October 2026. Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 DOUGLAS COUNTY ORDINANCE #4.18 POSSESSION/CONSUMPTION OF ALCOHOL BEVERAGES BY UNDERAGE PERSON (NEW TITLE: ALCOHOL BEVERAGES; UNDERAGE PERSONS PROHIBITIONS) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.18 as shown in exhibit Q-10-26. Dated this 15th day of October 2026. Exhibit Q-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT Q-10-26 Douglas County Ordinance 4.18 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.18 ALCOHOL BEVERAGES; UNDERAGE PERSONS PROHIBITIONS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §125.10(2), Wis. Stats. Douglas County does hereby establish the ordinance - Possess or Consume Alcohol Beverages by Underage Person. Douglas County hereby adopts and incorporates as if fully set forth by reference §125.07(4), Wis Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATIONS Any underage person who does any of the following is in violation of this ordinance: A. Procures or attempts to procure alcohol beverages from a licensee or permittee. B. Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on a licensed premises. C. Enters, knowingly attempts to enter or is on premises licensed for retail sale of alcohol. SECTION III. PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $250 nor more than $500 and may suspend the person's operating privilege as provided under §343.30(6)(b)1, Wis. Stats. B. For a violation committed within 12 months of one previous violation, a forfeiture of not less than $300 nor more than $500 and may suspend the person’s operating privilege as provided under §343.30(6)(b)2, Wis. Stats. BACK C. For a violation committed within 12 months of two previous violations, a forfeiture of not less than $500 nor more than $750 and may suspend the person's operating privilege as provided under §343.30(6)(b)3, Wis. Stats. D. For a violation committed within 12 months of three previous violations, a forfeiture of not less than $750 nor more than $1,000 and may suspend the person's operating privilege as provided under §343.30(6)(b)3, Wis. Stats. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.19 MISREPRESENTATION OF AGE BY UNDERAGE PERSON AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.19 as shown in exhibit R-10-26. Dated this 15th day of October 2026. Exhibit R-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT R-10-26 Douglas County Ordinance 4.19 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.19 MISREPRESENTATION OF AGE BY UNDERAGE PERSON THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. A UTHORITY Pursuant to §125.10(2), Wis. Stats. Douglas County does hereby establish the ordinance – Misrepresentation of Age by Underage Persons. Douglas County hereby adopts and incorporates as if fully set forth by reference §125.07(4), Wis. Stats. Any future amendments, revisions or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordinance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. V IOLATION Any underage person who falsely represents his or her age for the purpose of receivi ng alcohol beverages is in violation of this ordinance. SECTION III . PENALTIES Any person violating Section II above is subject to the following penalties: A. For a first violation, a forfeiture of not less than $250 nor more than $500 and may suspend the person's operating privilege as provided under §343.30(6)(b)1, Wis. Stats. B. For a violation committed within 12 months of one previous violation, a forfeiture of not less than $300 nor more than $500 and may suspend the person’s operating privilege as provided under §343.30(6)(b)2, Wis. Stats. C. For a violation committed within 12 months of two previous violations, a forfeiture of not less than $500 nor more than $750 and may suspend the person's operating privilege as provided under §343.30(6)(b)3, Wis. Stats. D. For a violation committed within 12 months of three previous violations, a forfeiture of not less than $750 nor more than $1,000 and may suspend BACK the person's operating privilege as provided under §343.30(6)(b)3, Wis. Stats. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.20 CONTRIBUTING TO THE DELINQUENCY OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH (NEW TITLE: CONTRIBUTING TO THE DELINQUENCY OF A CHILD) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.20 as shown in exhibit S-10-26. Dated this 15th day of October 2026. Exhibit S-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT S-10-26 Douglas County Ordinance 4.20 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 4.20 CONTRIBUTING TO THE DELINQUENCY OF A CHILD THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. ADOPTION Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance - Contributing to the Delinquency of a Child. Douglas County hereby adopts and incorporates as if fully set forth by reference §948.40, Wis. Stats. Any future amendments, revisions, or modifications of the statute incorporated herein are intended to be made part of this ordinance. This ordi nance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATIONS A. No person may intentionally encourage or contribute to the delinquency of a child. B. No person r esponsible for the child’s welfare may, by disregard of the child, contribute to the delinquency of the child. SECTION III . PENALTIES Any pers on violating Section II is subject to the following penalties: A. For a fi rst violation, a forfeiture of not less than $200 nor more than $500. B. For a sec ond violation, a forfeiture of not less than $500 nor more than $750. C. For a thi rd and subsequent violation, a forfeiture of not less than $750 nor more than $1,000. SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors, this ordinance shall be in full force and effect. BACK DOUGLAS COUNTY ORDINANCE #4.21 UNLAWFUL ASSEMBLIES AND THEIR SUPPRESSION AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.21 as shown in exhibit T-10-26. Dated this 15th day of October 2026. Exhibit T-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3 SLAY 4 FENNESSEY 5 BAKER 6 H. HENDRICKSON 7 GLAZMAN 8 SKOWLUND 9 JAQUES 10 PETERSON 11 M. CUMMINGS 12 LEAR 13 SANDOK BAKER 14 LOHSE 15 S. HENDRICKSON 16 LUOSTARI 17 LIEBAERT 18 MOEN 19 LONG 20 MOSS 21 D. CUMMINGS TOTALS YES NO ABSENT ABSTAIN ACTION ADOPTED LOST REFERRED AMENDED OTHER LAST REVISED 8-25-2026 RETURN TO AGENDA EXHIBIT T-10-26 Douglas County Ordinance 4.21 Amended Presented by the Public Safety & Administration Committees DOUGLAS COUNTY BOARD OF SUPERVISORS OCTOBER 15, 2026 Chapter 4.21, Page -- 4.21 UNL AWFUL ASSEMBLIES AND THEIR SUPPRESSION THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. ADOPTION Pursuant to §59.54(22), Wis. Stats, Douglas County does hereby establish the ordinance – Unlawful Assemblies and Their Suppression. Douglas County hereby adopts and incorporates as if fully set forth by reference § 947.06, Wis. Stats. Any future amendments, revisions, or modifications of the statu te incorporated herein are intended to be made part of this ordinance. This ordi nance is intended to provide a prosecutorial alternative for acts which may otherwise be violations of state law. Any act required to be performed by a statute incorporated into this ordinance by reference is required by this ordinance, and any act prohibited by any such statute is prohibited by this ordinance. The defenses available under state law are also available to corresponding provisions under this ordinance. SECTION II. VIOLATIONS A. Whoever i ntentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is in violation of this ordinance. B. Whoever c auses, attempts to cause, or participates in an unlawful assembly upon any property of a public institution of higher education or upon any highway abutting on such property, is punishable by this ordinance if he or she fails to withdraw from the assembly promptly upon issuance of an order to disperse, if such order is given in such manner that such person can reasonably be expected to hear or read such order . SECTION III. PENALTIES Any pers on violating Section II is subject to the following penalties: A. For a fi rst violation, a forfeiture of not less than $150 nor more than $500. B. For a sec ond violation, a forfeiture of not less than $250 nor more than $750. C. For a thi rd and subsequent violation, a forfeiture of not less than $350 nor more than $1,000. BACK Chapter 4.21, Page -- SECTION IV. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors , this ordinance shall be in full force and effect. DOUGLAS COUNTY ORDINANCE #4.22 METAL OR GLASS DEBRIS IN OR ON THE SHORE OF ANY BODY OF WATER (NEW TITLE: LITTERING) AMENDED PRESENTED BY THE PUBLIC SAFETY & ADMINISTRATION COMMITTEES RESOLVED that the Douglas County Board of Supervisors accepts the recommendation of the Public Safety & Administration Committee s to amend Douglas County Ordinance #4.22 as shown in exhibit U-10-26. Dated this 15th day of October 2026. Exhibit U-10-26 Committee Action: Unanimous Fiscal Note: None ROLL CALL DIST SUPERVISOR Y N OTHER 1 HULTSTROM 2 VACANT 3