WDO Amendment Process
In response to widespread cases of property damage due to recent, repeated flooding in the Fox River watershed, SMC has developed an amendment to the WDO that allows property owners in the floodplain to repair their properties with up to 4 inches of topsoil (top dressing) after a documented flood event with evidence of subsidence on their property. See the links above for the adopted amendment, with permit submittal and review requirements.
SMC inspections have shown that the flood waters standing on properties for weeks at a time are compacting and contaminating the soils, resulting in dead grass and depressed or subsided areas on the property. The soil composition is chemically altered by the floodwaters, eliminating the ability to establish new vegetation without importing fresh topsoil. The top dressing will help bring the areas back to pre-subsidence conditions.
This amendment is less stringent than the previous requirements of the WDO which only allowed a one-time placement of topsoil without providing compensatory storage, so certified communities are not required to adopt the amendment. For those certified communities that would like to adopt the amendment, a sample resolution for adopting the amended WDO is attached for your use. SMC will be enforcing the amendment in non-certified communities.
Note: Since the amendment allows “up to 4 inches of top dressing,” the Enforcement Officer can decide to allow less than 4 inches of top dressing if 4 inches would result in a negative impact on a neighboring property.
Complete WDO Document (PDF format 794KB)
