Current law generally prohibits a person from removing material from the bed
of a navigable body of water unless the Department of Natural Resources (DNR) has
issued an individual permit or a general permit authorizing the removal. This bill
creates an exemption from this prohibition for the removal of material from the bed
of a drainage ditch operated by a drainage district. In order for the exemption to
apply, certain conditions must be met including that the removal is for the purpose
of maintaining the ditch, the material is not removed from an area listed by DNR in
a database identifying contaminated properties, and the drainage district takes
certain action to clean its equipment in order to prevent the spread of invasive
species or viruses from one navigable water to another.
Under current law, a person may not discharge dredged material into a wetland
unless the discharge is authorized by a wetland general permit or an individual
permit issued by DNR or the discharge is exempt from the permit requirement.
Among the activities that are generally exempt from the permit requirement are
normal farming, irrigation ditch construction, and drainage ditch maintenance.
Current law provides that even if these activities are exempt, a permit must still be
obtained if the discharge is incidental to an activity to bring a wetland into a use for
which it was not previously subject and if the discharge affects the wetland in certain
other ways. This bill specifies that in order for the permit exemption to be
inapplicable, the activity must be one that brings a wetland into a land use for which
it was not previously subject.
Current law also requires a drainage district board to obtain a permit to conduct
certain activities affecting a drainage district drain including repairing, enlarging,
clearing, or maintaining the drain (drain maintenance permit). This bill exempts a
drainage district board from the requirement to obtain a drain maintenance permit
to remove material from the bed of a drainage district drain if the board is also
exempt from the requirement to obtain a permit from DNR to remove the material.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB572,1 1Section 1. 30.20 (1g) (d) of the statutes is created to read:
SB572,4,3
130.20 (1g) (d) The removal of material by a drainage district from the bed of
2a ditch operated by the drainage district is exempt from the individual and general
3permit requirements under this section if all of the following apply:
SB572,4,44 1. The material is removed for the purpose of maintaining the ditch.
SB572,4,65 2. The removal of the material does not violate any applicable floodplain zoning
6ordinances.
SB572,4,107 3. The material is not removed from an area that is listed in a database
8maintained by the department identifying contaminated properties and other
9activities related to the investigation and cleanup of contaminated soil or
10groundwater in this state.
SB572,4,1111 4. If the removed material is spread on land, all of the following apply:
SB572,4,1212 a. The material is graded and smoothed to blend into cultivated lands.
SB572,4,1313 b. The surface slope of the material does not exceed a slope of 8 to 1.
SB572,4,1414 c. The material is not more than 2 feet deep at the top of the bank of the ditch.
SB572,4,1715 5. No portion of a pile of the removed material is closer than 12 feet from the
16top of the bank of the ditch, is piled at any angle other than a stable angle of repose
17for that material, nor has a slope exceeding a slope of 2 to 1.
SB572,4,2018 6. The drainage district, in maintaining the drainage ditch, does all of the
19following in order to prevent the spread of invasive species or the spread of viruses
20from one navigable water to another:
SB572,4,2321 a. Removes plants, animals, and mud and other debris from all equipment it
22uses to maintain the drainage ditch before the equipment is placed in any other
23navigable water.
SB572,5,224 b. Washes all equipment that it uses to maintain the drainage ditch with high
25pressure water of not less than 2000 pounds per square inch before it is placed in any

1other navigable water or allows the equipment to dry for not less than 5 days before
2it is placed in any other navigable water.
SB572,5,43 7. The material is not discharged into a wetland that is identified by the
4department under s. 281.36 (3g) (d) 1. to 7.
SB572,5,65 8. If the drainage ditch is located south of STH 29, the removal activity does
6not occur between March 15 and the immediately following May 15.
SB572,5,87 9. If the drainage ditch is located north of STH 29, the removal activity does
8not occur between April 1 and the immediately following June 1.
SB572,5,119 10. If the drainage ditch is classified by the department as a trout stream, the
10drainage district coordinates the time of its removal activities with department
11fisheries staff.
SB572,2 12Section 2. 88.075 of the statutes is created to read:
SB572,5,18 1388.075 Transfer of certain authority. (1) If a drainage district has been
14inactive for 3 or more years, the court may transfer authority to make appointments
15to the drainage board under s. 88.17 to the county board of the county in which the
16drainage district is primarily located. A transfer may be ordered under this section
17upon a petition by the county board or upon the court's own motion, with the approval
18of the county board.
SB572,5,20 19(2) If authority is transferred under sub. (1), the county board shall have all
20of the duties and powers specified for the court under s. 88.17.
SB572,3 21Section 3. 88.13 of the statutes is amended to read:
SB572,6,6 2288.13 Right to enter lands of drainage district. Whenever necessary for
23any purpose connected with the organization of a district or the construction,
24maintenance or repair of drains and other works, members of the board,
25representatives of the department of agriculture, trade and consumer protection,

1and persons intending to bid on or to whom contracts have been let for the
2construction of the works within a district or on former district lands transferred
3under s. 88.83
and their respective agents and employees may go upon any lands
4proposed for inclusion or included within a district or on adjoining lands or on former
5district lands transferred under s. 88.83
, and are not guilty of trespass therefor but
6are liable for unnecessary damage caused to crops or structures.
SB572,4 7Section 4. 88.17 (2h) (c) of the statutes is created to read:
SB572,6,128 88.17 (2h) (c) Local or statewide agriculture, engineering, local government,
9or real estate organizations, including the Wisconsin Potato and Vegetable Growers
10Association, the Wisconsin State Cranberry Growers Association, the Wisconsin
11Farm Bureau Federation, the Wisconsin Farmers Union, the Dairy Business
12Association, and the Wisconsin Dairy Products Association.
SB572,5 13Section 5. 88.17 (2h) (d) of the statutes is created to read:
SB572,6,1614 88.17 (2h) (d) The department of agriculture, trade and consumer protection,
15which may recommend persons who have engineering experience related to water
16resources and agriculture.
SB572,6 17Section 6. 88.17 (2r) of the statutes is created to read:
SB572,7,218 88.17 (2r) Notwithstanding subs. (1) to (2p), if a drainage district is located
19entirely or partially within the corporate limits of a city or village, the chief executive
20of the city or village or his or her designee shall be a member of the board. A member
21required under this subsection does not replace a member or count toward the
22minimum or maximum number of members under sub. (1) or (2) or toward the
23determination of whether a quorum exists and may not be eliminated under sub. (2).
24A member under this subsection may vote only on matters related to a drainage

1district that is located entirely or partially within the corporate limits of the city or
2village that the member represents.
SB572,7 3Section 7. 88.212 (4) of the statutes is created to read:
SB572,7,74 88.212 (4) If any portion of a drainage district that is a subject matter of a
5drainage board meeting is located in a city, village, or town, notify the city, village,
6or town of the date, time, and subject matter of the meeting. A notification under this
7subsection may be in an electronic format.
SB572,8 8Section 8. 88.31 (7r) of the statutes is created to read:
SB572,7,129 88.31 (7r) A drainage district that is exempt from the individual and general
10permit requirements under s. 30.20 as specified under s. 30.20 (1g) (d) is exempt from
11the permit requirements and procedures under subs. (1) to (7) with respect to that
12removal.
SB572,9 13Section 9. 88.62 (3) (a) of the statutes is amended to read:
SB572,7,1914 88.62 (3) (a) If Except for a removal of material that is exempt from the
15individual and general permit requirements under s. 30.20 as specified under s.
1630.20 (1g) (d) and except as provided under par. (b), if
drainage work is undertaken
17in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31
18or ch. 31, as directed by the department of natural resources, except as provided in
19par. (b)
.
SB572,10 20Section 10. 88.74 of the statutes is created to read:
SB572,7,22 2188.74 District corridors. (1) (a) Except as provided in par. (b), the board shall
22establish all of the following as district corridors:
SB572,7,2423 1. A corridor which extends 20 feet from the top of the ditch bank on each side
24of a district ditch.
SB572,8,2
12. A corridor extending 20 feet from the centerline on each side of any other
2district drain or facility.
SB572,8,53 (b) Upon notice to affected landowners, the board may establish and maintain
4a wider corridor if a wider corridor is necessary to meet any of the purposes specified
5under sub. (3).
SB572,8,7 6(2) The board shall provide notice of any corridor established under sub. (1) to
7the county and the city, village, or town in which the corridor is located.
SB572,8,9 8(3) The board shall maintain a corridor established under sub. (1) to
9accomplish all of the following purposes:
SB572,8,1110 (a) To provide the board with effective access to the drain or facility, including
11access for vehicles or equipment.
SB572,8,1212 (b) To protect water quality in the drain or facility.
SB572,8,15 13(4) (a) Except as provided in par. (b), the board may, without prior notice to the
14landowner, enter a corridor established under sub. (1) to inspect, survey, maintain,
15repair, restore, or improve a drain, facility, or corridor.
SB572,8,1716 (b) Before doing any of the following in a corridor, the board shall notify the
17landowner of the pending action:
SB572,8,1918 1. Cutting a tree that is more than 6 inches in diameter measured at breast
19height.
SB572,8,2020 2. Excavating or depositing materials in the corridor.
SB572,8,2321 (c) Notice under par. (b) may be given at any time before performance of the
22work and may be given in person, by telephone, by mail, or, if the landowner is not
23available, by posting notice at a conspicuous location at an entrance to the land.
SB572,8,25 24(5) (a) No person may do any of the following in a corridor established under
25sub. (1) without written permission from the board:
SB572,9,1
11. Engage in row cropping in the corridor.
SB572,9,32 2. Place any obstruction in the corridor that interferes with the board's ability
3to accomplish a purpose under sub. (3).
SB572,9,54 (b) A person who violates par. (a) may not recover damages with regard to any
5damage to crops or obstructions caused by actions taken by the board under sub. (3).
SB572,9,96 (c) Paragraph (a) does not require a landowner to remove any building or
7fixture constructed or installed in a corridor prior to September 1, 1999, or any
8structure that does not interfere with the board's maintenance of a drain and that
9was placed in the corridor for the purpose of providing drainage.
SB572,9,12 10(6) No city, village, town, or county may by ordinance, resolution, or any other
11means restrict, or impose other conditions related to, the board's maintenance of
12district corridors or ditches.
SB572,11 13Section 11. 88.785 of the statutes is created to read:
SB572,9,21 1488.785 Certain annexations prohibited. (1) Notwithstanding ss. 88.34,
1588.77, and 88.78, no lands that are within the corporate limits of a city, a village, or,
16if the town operates a municipal utility that manages storm water or has entered into
17a maintenance agreement under s. 88.83 (2m) with the annexing drainage district
18covering the portion of the town proposed to be annexed, a town may be included in
19a newly organized drainage district or annexed to a drainage district unless the
20governing body of the city, village, or town adopts a resolution approving the
21inclusion or annexation.
SB572,9,24 22(2) Notwithstanding ss. 88.77 and 88.78, no lands that are located in a county
23in which no portion of the drainage district is located may be annexed to a drainage
24district.
SB572,12 25Section 12. 88.83 (title) of the statutes is amended to read:
SB572,10,1
188.83 (title) Transfer of district to city or village municipal jurisdiction.
SB572,13 2Section 13. 88.83 (1) of the statutes is renumbered 88.83 (1g) and amended
3to read:
SB572,10,94 88.83 (1g) The owners of a majority of the land proposed to be transferred in
5any a drainage district located entirely or partially within the corporate limits of a
6city or village municipality may petition the drainage board having jurisdiction of
7the district to transfer jurisdiction thereof to the city or village of the part of the
8district proposed to be transferred that is located within the municipality to the
9municipality
.
SB572,14 10Section 14. 88.83 (1c) of the statutes is created to read:
SB572,10,1111 88.83 (1c) In this section, "municipality" means a city, village, or town.
SB572,15 12Section 15. 88.83 (1m) of the statutes is repealed.
SB572,16 13Section 16. 88.83 (1r) of the statutes is repealed.
SB572,17 14Section 17. 88.83 (2m) of the statutes is created to read:
SB572,10,1815 88.83 (2m) If the proposed transfer of jurisdiction is of less than the entire
16district, jurisdiction of the part of the drainage district may not be transferred to a
17municipality unless the municipality to which jurisdiction will be transferred and
18the district have entered into an agreement to which all of the following apply:
SB572,10,2119 (a) The municipality agrees to ensure access to, and maintenance of, any
20corridor established under s. 88.74 (1) that is located on land transferred under this
21section consistent with the requirements of s. 88.74.
SB572,10,2422 (b) The municipality agrees, upon order by the drainage district from which
23jurisdiction was transferred, to maintain and repair any part of a former district
24drain located in land transferred under this section.
SB572,11,3
1(c) That if the municipality fails to complete work ordered under par. (b), the
2district may complete the work and assess costs on the confirmed benefits to property
3subject to assessment at the time of transfer of jurisdiction.
SB572,18 4Section 18. 88.83 (3) of the statutes is amended to read:
SB572,11,195 88.83 (3) If the drainage board finds upon the hearing that the petition is
6signed by the required number of owners of a majority of the land in the district, or
7by a majority of the owners in that part of the district lying within the corporate
8limits of a city or village
and that the conditions under sub. (2m) have been satisfied,
9it shall issue an order transferring jurisdiction of the district or part of the district
10to the city or village municipality. If the order transfers jurisdiction of the entire
11district and the governing body of the municipality approves the transfer, the
12drainage district shall cease to exist as a district under this chapter and shall
13automatically come under the jurisdiction of the governing body of the city or village
14municipality in which the district is located. If the order transfers jurisdiction of only
15a part of the district and the governing body of the municipality approves the
16transfer
, the section transferred shall automatically come under the jurisdiction of
17the governing body of the city or village municipality in which the district is located.
18After a transfer, all proceedings with reference to the drainage district or part of the
19district shall be under the city or village drainage law.
SB572,19 20Section 19. 88.83 (4) of the statutes is amended to read:
SB572,12,2021 88.83 (4) As an alternative, proceedings covered by this section may be
22initiated by a resolution of the governing body of a city or village municipality. The
23resolution shall state that the city or village municipality is willing to accept the
24drain or part of the drain and to administer it under the laws pertaining to the
25operation of drains by the city or village
, and that the public interest requires that

1the city or village municipality take over the operation of the drain or part of the
2drain. The resolution shall be published as a class 1 notice under ch. 985. The city
3or village
municipality may petition the drainage board having jurisdiction of the
4drain to issue an order transferring jurisdiction of the district or part of the district
5to the city or village. No municipality. The drainage board may not hold a hearing
6may be held on the petition until 30 days have elapsed from after the date of
7publication of the notice. A copy of the petition, together with a copy of the and
8resolution, shall be served on the county clerk of the county in which the drain is
9located, and also upon the board having jurisdiction of the drain. After If the
10drainage board finds upon
the hearing that the conditions under sub. (2m) have been
11met,
the drainage board may issue an order transferring jurisdiction of the drain or
12part of the drain to the city or village municipality. If an the order is issued that
13transfers jurisdiction of the entire district, the drainage district shall cease to exist
14as a district under this chapter and shall automatically come under the jurisdiction
15of the governing body of the city or village municipality in which the district is
16located. If the order transfers jurisdiction of only a part of the district, the section
17transferred shall automatically come under the jurisdiction of the governing body of
18the city or village municipality in which the district is located. After a transfer, all
19proceedings with reference to the drainage district or part of the district shall be
20under the city or village drainage law.
SB572,20 21Section 20. 88.83 (5) of the statutes is amended to read:
SB572,13,722 88.83 (5) Upon entry of the an order transferring jurisdiction of such an entire
23district to such city or village a municipality and approval of the transfer by the
24municipality
, the county treasurer and district shall pay to the city or village
25treasurer of such city or village the municipality all moneys in the county treasurer's

1or district's hands which belong to such the drainage district. Upon entry of an order
2transferring jurisdiction of a part of a district to the city or village in which it is
3located
a municipality and approval of the transfer by the municipality, the county
4treasurer and district shall pay to the city or village treasurer of the municipality a
5proportional share of the moneys in the county treasurer's or district's hands which
6belong to the drainage district based upon assessed benefits transferred less a
7proportional share of outstanding indebtedness.
SB572,21 8Section 21. 281.36 (5) (intro.) of the statutes is amended to read:
SB572,13,139 281.36 (5) Inapplicability of exemptions. (intro.) Notwithstanding sub. (4),
10a discharge that would be exempt under sub. (4) is subject to the permitting
11requirement under sub. (3b) if the discharge is incidental to an activity that has as
12its purpose bringing a wetland, or part of a wetland, into a land use for which it was
13not previously subject and if the activity may do any of the following:
SB572,22 14Section 22. Initial applicability.
SB572,13,1715 (1) The treatment of section 88.785 of the statutes first applies to the
16organization of a drainage district or an annexation that is pending on the effective
17date of this subsection.
SB572,13,2018 (2) The treatment of section 88.83 (title), (1), (1c), (1m), (1r), (2m), (3), (4), and
19(5) of the statutes first applies to a petition for transfer of jurisdiction filed on the
20effective date of this subsection.
SB572,13,2121 (End)
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