Владельцы домов в округе Ваупака оспаривают запрет на ремонт из-за правил восстановления после наводнения

Flooded Waupaca County homeowners challenge 50 percent repair rule WAUPACA COUNTY, Wis. (WBAY) - Months after April’s historic flooding, some Waupaca County homeowners say they are facing a new challenge: getting permission to repair their damaged homes. The county says a state floodplain rule can require some homeowners to elevate, move or remove their properties before major repairs can happen. Cottage damage exceeds threshold Jenny Goggins said her family’s cottage, built around 1957 and purchased by her parents in 1979, took on water during the April flood. She said she had to wade in from about six houses downriver because she could not reach the property by road. “I was hoping ... I’m sure we raised it more than four inches, and maybe we’re going to be okay,” Goggins said. She said the water ultimately rose about 8 inches inside the home. Goggins said she and family members removed carpeting, couches, recliners and other belongings that had absorbed moisture. “It was heartbreaking,” Goggins said. “It was even harder when we got the dumpster and just started throwing things away, and it’s like, man, I can’t believe we have to throw this stuff away.” A county letter dated May 19 used FEMA’s Substantial Damage Estimator to put the flood damage at more than $38,000, or 51.9% of the home’s equalized assessed value. That placed the property above the 50% mark. “I’m thinking like 50% of the house is fine, but that’s not quite how they go. They go with like value of the house and value to replace.” Goggins said the county’s estimate included the cost of replacing items such as a water heater, air conditioner, refrigerator and stove, some of which she said were being replaced regardless of the flood. She said the county used a value for the home lower than the fair market value listed on the property’s tax bill. “If you adjust it for fair market value, we’re only 38 percent damaged,” Goggins said. Goggins said she was unable to find contractors willing to provide repair bids after learning the property had already exceeded the 50% threshold. She said the county later told her the home’s value calculation dates back to when the cottage was originally built, meaning previous work — including a 1999 rebuild — counted against the threshold. “So you’re telling me every time I had to put a new roof on here that comes away from that value,” Goggins said. “We’ve replaced the furnace. That comes away from that value. It just doesn’t seem to make sense to me.” The county’s letter says if the final determination finds a home is substantially damaged or improved beyond 50%, the owner must bring it into compliance with floodplain rules. The options are to remove the home, relocate it outside the floodplain, or elevate and floodproof it. Goggins said a survey, which cost about $1,700, found the cottage would need to be raised at least 2.79 feet. She said an engineer’s assessment could cost another $5,000 to $10,000, raising the structure could cost $20,000 to $25,000, and interior repairs could add about $50,000 more — bringing the total to nearly $100,000 for a home she said is worth about $80,000. “I just, it’s like you kind of want to throw the towel in,” Goggins said. “But I want to keep it safe from future floods. I’m willing to do that. It’s worth it to keep it in the family, but it’s just so hard.” Goggins said the county denied her request to install a subfloor to cover holes in the floor and prevent wildlife from entering, calling it an improvement that could not be made before the home is raised. Because the cottage is not her primary residence, she said she was not eligible for FEMA assistance. “It’s like first world problems,” Goggins said. “It’s a cottage. It’s not a primary residence. But my heart goes out to anybody who is going through this, trying to make their houses livable again.” Past improvements counted against Conrads Norma Conrad said the April flood sent water down the exterior stairs of her home, flooding the lower level up to the rafters. She said professional cleaners were hired to remove the water and treat the area for mold. Conrad said the flood damaged a sump pump, a portable dehumidifier, ductwork and a water softener. She said the family paid a little over $17,000 to replace what was damaged. Their May 27 denial letter says flood damage from April totaled about $16,000, or 11.5% of the home’s equalized assessed value. “I’m thinking, what the heck is going on here?” Conrad said. “I mean, they say we have more than 50% damage down there. You know, and we didn’t have any damage at all. Nothing with foundation. Nothing.” But the county also counted a 2006 permit for a second-story addition and upgrades. That past work was listed at 76.4% of the home’s value. Together, the county said the property was at 87.9%, above the 50% limit, and denied the Conrads’ application to make flood repairs. Conrad said the county’s letter gave the family three options: tear down the home, relocate it outside the floodplain, or elevate it. “When I went to check to see how much it would cost to have that, that’s over $100,000,” Conrad said. “We can’t afford that. So they’re telling us, ‘We’re not trying to move you out of your home.’ I said, ‘Yeah, you are,’ because we can’t afford that. That’s like buying another house.” Conrad said the family appealed the denial and was rejected again. She claims the county issued the 2006 permit for the second-story addition and later stated at a hearing that the permit exceeded 50% of the home’s value and should not have been issued. “It seems like they want to rectify it by using this present flood to try to justify what they said was they shouldn’t have done by giving us the permit,” Conrad said. “That’s what I see. They’re not using this flood that happened today to take care of [it]. They’re bringing something from way in the past.” Conrad said the family received FEMA assistance of about $19,000, which included funds for the four items damaged and cleanup costs. She said FEMA also provided three years of flood insurance coverage as part of the assistance. “Me and my husband are in the last chapters of our life,” Conrad said. “We wanted to enjoy, you know, the rest of our life in peace. But now we’re suffering with this. It’s really bringing a lot of stress on me and my husband. My husband is a fisherman; he could not even go fishing this summer because he’s so stressed out.” Conrad said she hopes the case raises awareness for other homeowners in similar situations. “It just seems like they’re attacking the people when they’re down, and I think they need to fix their rules about not trying to take people’s houses, but to help them instead.” How the rule works The issue involves a state rule that applies to homes built before local floodplain zoning took effect in 1977, according to Ryan Brown, director of Waupaca County Planning and Zoning. Brown said the rule adds up major flood damage and past improvements over the life of a structure, then compares that total to the home’s equalized assessed value. “Over the life of the structure, you’re allowed to have 50% of the equalized assessed value either substantially damaged or substantially improved,” Brown said. “Beyond 50%, you’re no longer able to put any more significant improvements or repair any damages.” Brown said the county amended its ordinance earlier this year, under Act 175, to allow homeowners who reach the threshold to elevate their structure, rather than losing the ability to make any further repairs or improvements. Brown acknowledged the rule can affect homeowners who made additions long before the recent flooding. “You think to yourself, how is this going to at some point potentially cause issues in the event of a flood?” Brown said. “You probably weren’t thinking to yourself, well, what would happen in the case of a flood? And so now that we did in fact have a flood ... now all of a sudden, that’s coming into play, and so I think that’s what’s causing the issue.” Brown said the county follows assessment guidelines from the Wisconsin Department of Natural Resources and FEMA, and the damage assessment is not limited to just structural damage. “There are some that we saw where the foundation walls were washed out, but a lot of times the foundation was actually fine ... but that doesn’t mean that there wasn’t damage to the house.” Brown said homeowners near the 50% threshold go through additional review. “It depends on where you’re at with that percentage,” Brown said. “If you’re really close to that line, then there’s a lot of back and forth to make sure to see what we can do and what we can’t do, and also working with the property owner to make sure we let them know what their options actually are.” Brown said an upcoming county committee meeting on September 17 will address ordinance revisions, but the floodplain rule will not be part of that discussion. “I understand that people are upset,” Brown said. “I guess the hard part about this is that we’re doing what we’re supposed to be doing as prescribed by the state and the federal government. These aren’t our rules, and we can’t make changes to rules that aren’t ours. I understand that this is a very emotional situation. But we’re trying to do the best we can.” Chris Martinson, a New London resident who said he was not personally affected by the flooding, said he has circulated a petition with more than 580 signatures asking the Waupaca County Board to remove Brown as planning and zoning director. Martinson said his goal is for the county board to reconsider how the rule is being applied. He believes the state’s floodplain ordinance treats a flood as a single event and does not call for including improvements made in prior years. “Most of the people in those places that are under denials from the county have very low amount of damage from the flood, but they did improvements in previous years that are being held against them,” Martinson said. The Conrads say they are taking their denied appeal to court. Goggins is still deciding whether to elevate the cottage, saying she does not expect repairs to be completed before winter. Copyright 2026 WBAY. All rights reserved.