§ 44-1291. Wetland, floodplain and shoreland boundary disputes.

(a)

Wetland disputes. Whenever the board of zoning appeals is asked to interpret a C-1 Conservancy District boundary where an apparent discrepancy exists between the city's final wetland inventory map and actual field conditions, the city shall contact the state department of natural resources, or other appropriate authority, to determine if the wetland inventory map is in error. If the state department of natural resources staff, or the staff of another appropriate authority, concurs that the particular area was incorrectly mapped as a wetland, the board of zoning appeals shall direct the city plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(b)

Floodplain disputes. Whenever the board of zoning appeals is asked to interpret a floodplain boundary where an apparent discrepancy exists between the zoning map and actual field conditions, the following procedure shall be used. The floodplain boundary shall be determined by use of the flood profiles contained in the Federal Flood Insurance Study or an engineering study, or where such information is not available, by historical data, flood maps, or any other evidence available to the board of zoning appeals. The person contesting the location of the district boundary shall be given the opportunity to present his or her own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the board of zoning appeals shall advise the city plan commission of its findings and the plan commission shall proceed to petition the common council for a map amendment.

(c)

Shoreland disputes. Whenever the board of zoning appeals is asked to interpret the location of a shoreland boundary, the building inspector shall contact the appropriate regional office of the state department of natural resources for a determination of navigability or ordinary high water mark (OHWM) location.

(Code 2004, § 17.1109; Ord. No. 2219, 9-16-2006)