SB 521

This bill prohibits the Department of Natural Resources from restricting

certain structures and accessory structures in a floodplain.

Current law requires local units of government to enact floodplain zoning

ordinances and generally prohibits any person from placing or maintaining any

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

floodplain zoning ordinance. Floodplain zoning ordinances are subject to statutory

requirements and the requirements of rules promulgated by DNR.

The bill provides that DNR may not promulgate a rule or impose a restriction

that 1) results in an ordinance containing provisions for structures that are more

restrictive than those imposed by the Federal Emergency Management Agency or 2)

allows DNR to deny an exception for structures or accessory structures for which

FEMA has granted an exception. Under DNR rules, “structure” means “any

man-made object with form, shape, and utility, either permanently or temporarily

attached to or placed upon the ground, river bed, stream bed, or lakebed” and

“accessory structure” means “any facility, structure, building, or use which is

accessory or incidental to the principal use of a property, structure, or building.”