AB 721

Under this bill, if modifications made to a nonconforming building bring the

building into conformity with federal standards under federal laws relating to

floodplain land use, the Department of Natural Resources may not prohibit further

modifications based on cost.

Current law prohibits any person from placing or maintaining any structure,

building, fill, or development within any floodplain in violation of a floodplain zoning

ordinance adopted by a county, city, or village or by a Department of Natural

Resources order or determination. Current law prohibits a county, city, or village

under a floodplain zoning ordinance from permitting the repair, reconstruction, or

improvement of a nonconforming building if the nonconforming building, after

repair, reconstruction or improvement, will fail to meet any minimum requirement

applicable to a nonconforming building under the federal statutes and regulations

governing the National Flood Insurance Program (NFIP). Under DNR rule, a

nonconforming building is an existing lawful building that is not in conformity with

the dimensional or structural requirements of a floodplain zoning ordinance for the

area of the floodplain that it occupies.

Current DNR rule prohibits the modification or addition to a nonconforming

building that over the life of the building would exceed 50 percent of its present

equalized assessed value unless the entire building is permanently changed to a

conforming building with a conforming use in compliance with DNR rules. Under

this bill, if, as a result of the repair, reconstruction, or improvement of a

nonconforming building, the entire building is permanently changed to be a

conforming building in compliance with the applicable requirements under the

federal statutes and regulations governing NFIP, DNR may not prohibit further

repair, reconstruction, or improvement of that building based on cost.