AB1-SSA1-SA2,243,222
88.11
(1) (i) Establish, by rule, performance standards for drainage district
23structures, ditches, maintenance and operations, in order to minimize adverse
1effects on water quality. The performance standards shall be consistent with any
2requirements imposed
by the department of natural resources under s. 88.31.
AB1-SSA1-SA2,243,64
88.11
(1m) The department of
agriculture, trade and consumer protection 5natural resources may perform any functions related to drainage districts that the
6department considers appropriate.
AB1-SSA1-SA2,243,108
88.11
(2) The state drainage engineer shall provide technical assistance to
9improve district operations on the request of the
department of natural resources, 10drainage board, landowners in the district or the judge.
AB1-SSA1-SA2,243,1512
88.11
(3) (intro.) If the area proposed for drainage exceeds 200 acres in a single
13project, the board or the petitioners, before the hearing on the report under s. 88.34,
1488.36 or 88.77, shall procure a report of the department of
agriculture, trade and
15consumer protection natural resources on all of the following:
AB1-SSA1-SA2,243,2017
88.11
(4) The board or the petitioners, with the aid of an engineer having the
18qualifications specified in s. 88.21 (5), shall make the necessary survey and
19evaluation as directed by the department of
agriculture, trade and consumer
20protection natural resources for its report.
AB1-SSA1-SA2,243,2522
88.11
(5) (intro.) The report of the department of
agriculture, trade and
23consumer protection natural resources under sub. (3) also shall include a report of
24the college of agriculture and life sciences of the University of Wisconsin-Madison
25on all of the following:
AB1-SSA1-SA2,244,42
88.11
(6) A drainage district shall comply with the rules promulgated under
3this section and any requirements imposed by the department of
agriculture, trade
4and consumer protection natural resources under this section.
AB1-SSA1-SA2,244,96
88.11
(7) The department of
agriculture, trade and consumer protection 7natural resources may issue a special order directing the immediate cessation of
8work regulated under this section until the necessary plan approval is obtained or
9until the project complies with this section.
AB1-SSA1-SA2,244,19
1188.13 Right to enter lands of drainage district. Whenever necessary for
12any purpose connected with the organization of a district or the construction,
13maintenance or repair of drains and other works, members of the board,
14representatives of the department of
agriculture, trade and consumer protection 15natural resources, and persons intending to bid on or to whom contracts have been
16let for the construction of the works within a district and their respective agents and
17employees may go upon any lands proposed for inclusion or included within a district
18or on adjoining lands, and are not guilty of trespass therefor but are liable for
19unnecessary damage caused to crops or structures.
AB1-SSA1-SA2,245,2
2188.15 Drainage board grants. (1) From the appropriation under s.
20.115
22(7) (d) 20.370 (6) (dd), the department of
agriculture, trade and consumer protection 23natural resources shall make grants to boards to assist boards to comply with this
24chapter and rules promulgated under this chapter. A grant under this section may
1not exceed 60% of the costs incurred by the board to comply with this chapter and
2rules promulgated under this chapter.
AB1-SSA1-SA2,245,5
3(2) The department of
agriculture, trade and consumer protection natural
4resources shall promulgate rules for the administration of the program under this
5section.
AB1-SSA1-SA2,245,7
6(3) The department of
agriculture, trade and consumer protection natural
7resources may not make grants under this section after June 30, 2006.
AB1-SSA1-SA2,245,119
88.19
(4) (a) (intro.) Subject to pars. (b) and (d), and subject to criteria and
10standards under rules that the department of
agriculture, trade and consumer
11protection natural resources shall promulgate, all of the following shall occur:
AB1-SSA1-SA2,245,1913
88.19
(4) (d) Before any records may be destroyed under this subsection, the
14secretary of the drainage board and the county zoning administrator shall give at
15least 60 days' prior written notice of the proposed destruction to the state historical
16society, which may preserve records that it determines to be of historical interest, and
17shall give at least 60 days' prior written notice to the state drainage engineer, who
18may preserve records determined to be of interest to the department of
agriculture,
19trade and consumer protection natural resources.
AB1-SSA1-SA2,246,221
88.21
(5) Employ legal counsel, engineers and other assistants. Any engineer
22employed by the board shall be selected from a list of professional engineers approved
23by the department of
agriculture, trade and consumer protection natural resources.
24The department of
agriculture, trade and consumer protection natural resources 25shall furnish each drainage board, upon request, a list of professional engineers
1whom it considers qualified by training and experience to give competent advice in
2drainage matters.
AB1-SSA1-SA2,246,10
488.24 Board to file annual report. (intro.) On or before December 1 of each
5year the board shall file with the department of
agriculture, trade and consumer
6protection natural resources and the county zoning administrator a separate report,
7for the preceding year ending August 31, on each drainage district under the board's
8jurisdiction. The reports shall constitute part of the records of the districts reported
9on, shall be verified by the oath of one or more of the board members, and shall
10contain:
AB1-SSA1-SA2,246,1712
88.32
(3m) If the area of the proposed district exceeds 200 acres, the report
13shall be submitted to the department of
agriculture, trade and consumer protection 14natural resources before it is filed with the court. Within 45 days after receipt of the
15report, the department shall return it with a copy of the report prepared under s.
1688.11 (3) and (5) with its recommendation for approval or disapproval for the creation
17of the district.
AB1-SSA1-SA2,246,2319
88.35
(7) If the area of the district exceeds 200 acres, the report shall be
20submitted to the department of
agriculture, trade and consumer protection natural
21resources. Within 45 days after its receipt, the department shall return it with a copy
22of the report prepared under s. 88.11 (3) and (5) and the department's approval or
23disapproval of the report prepared under sub. (6).
AB1-SSA1-SA2,247,6
188.77
(2) If the undrained portion of the area proposed to be annexed to the
2district exceeds 200 acres, the drainage board shall request the report described
3under s. 88.11 (3) and (5) from the department of
agriculture, trade and consumer
4protection natural resources on the annexation. Within 60 days after the request,
5the department shall prepare and return a copy of the report and its approval or
6disapproval, as provided under s. 88.35 (7).
AB1-SSA1-SA2,247,98
92.03
(2) "Board" means the land and water conservation board
created under
9s. 15.135 (4).
AB1-SSA1-SA2,247,1211
92.03
(3) "Department" means the department of
agriculture, trade and
12consumer protection natural resources.
AB1-SSA1-SA2,247,1714
92.04
(2) (e)
Review joint evaluation plan. The board shall review the
15evaluation plan prepared under s. 92.14 (13). After its review, the board shall make
16recommendations on the plan to the department
and to the department of natural
17resources.
AB1-SSA1-SA2,248,219
92.05
(1) Central agency. The department is the central agency of this state
20responsible for setting and implementing statewide soil and water conservation
21policies and administering the state's soil and water conservation programs. The
22department shall coordinate its soil and water conservation program with the
23nonpoint source water pollution abatement program established under s. 281.65, the
24inland lake protection and rehabilitation program established under ch. 33 and other
1programs with objectives related to soil and water conservation administered by the
2department
of natural resources or by other state or federal agencies.
AB1-SSA1-SA2,248,115
92.05
(3) (L)
Technical assistance; performance standards. The department
6shall provide technical assistance to county land conservation committees and local
7units of government for the development of ordinances that implement standards
8adopted under s. 92.07 (2), 92.105 (1),
92.15 (2) or (3) or 281.16 (3). The department's
9technical assistance shall include preparing model ordinances, providing data
10concerning the standards and reviewing draft ordinances to determine whether the
11draft ordinances comply with applicable statutes and rules.
AB1-SSA1-SA2,248,1613
92.10
(1) Creation. There is created a land and water resource management
14planning program. The department, board and land conservation committees jointly
15shall develop and administer this program.
The department shall consult with the
16University of Wisconsin-Extension about the administration of this program.
AB1-SSA1-SA2, s. 259fi
17Section 259fi. 92.10 (4) (c) of the statutes is renumbered 92.10 (7) and
18amended to read:
AB1-SSA1-SA2,248,2119
92.10
(7) Plan assistance. The
department University of
20Wisconsin-Extension shall assist land conservation committees in preparing land
21and water resource management plans.
AB1-SSA1-SA2,248,2523
92.10
(5) (b)
Solicit comments. The board shall solicit comments on land
24conservation committee plans from the agencies identified as advisers to the board
25under s.
15.135 15.345 (4).
AB1-SSA1-SA2,249,42
92.10
(6) (a) 1. Includes an assessment of water quality and soil erosion
3conditions throughout the county, including any assessment available from the
4department
of natural resources.
AB1-SSA1-SA2,249,106
92.10
(8) Duties of the department
of natural resources. The department
7of natural resources shall provide counties with assistance in land and water
8resource management planning, including providing available water quality data
9and information, providing training and support for water resource assessments and
10appraisals and providing related program information.
AB1-SSA1-SA2,249,2113
92.14
(3) Basic allocations to counties. (intro.) To help counties fund their
14land and water conservation activities, the department shall award an annual grant
15from the appropriation under s.
20.115 (7) (c) 20.370 (6) (ac) or
(qd) (as) or s. 20.866
16(2) (we) to any county land conservation committee that has a land and water
17resource management plan approved
by the department under s. 92.10 (4) (d), and
18that, by county board action, has resolved to provide any matching funds required
19under sub. (5g). The county may use the grant for land and water resource
20management planning and for any of the following purposes, consistent with the
21approved land and water resource management plan:
AB1-SSA1-SA2,250,523
92.14
(6) (b) The department
and the department of natural resources shall
24prepare an annual grant allocation plan identifying the amounts to be provided to
25counties under this section and ss. 281.65 and 281.66. In the allocation plan, the
1departments department shall attempt to provide funding under this section for an
2average of 3 staff persons per county with full funding for the first staff person, 70%
3funding for the 2nd staff person and 50% funding for any additional staff persons and
4to provide an average of $100,000 per county for cost-sharing grants. The
5department shall submit that plan to the board.
AB1-SSA1-SA2,250,107
92.14
(6) (d) The board shall review the annual allocation plan submitted to
8it under par. (b) and make recommendations to the department
of agriculture, trade
9and consumer protection and the department of natural resources on approval,
10modification or disapproval of the plan.
AB1-SSA1-SA2,250,1312
92.14
(6) (h) 3. Nothing in this paragraph affects the authority of the
13department
of natural resources to act under ch. 283.
AB1-SSA1-SA2,250,1815
92.14
(6) (m) The department
of agriculture, trade and consumer protection
16and the department of natural resources and the University of Wisconsin-Extension 17shall assist counties in conducting the activities for which grants under sub. (3) may
18be used.
AB1-SSA1-SA2,250,2120
92.14
(6) (n) The University of Wisconsin-Extension shall assist the
21department in the administration of the program under this section.
AB1-SSA1-SA2,250,2523
92.14
(8) Rules. In consultation with the department of natural resources, the 24The department shall promulgate rules to administer this section
and the
25department's duties under s. 281.65.
AB1-SSA1-SA2,251,42
92.14
(12) Annual report. Annually, the department
, in cooperation with the
3department of natural resources, shall submit a report on the progress of the
4program under this section and s. 281.65 to the board.
AB1-SSA1-SA2,251,136
92.14
(13) Evaluation plan. The department
, jointly with the department of
7natural resources, shall prepare a plan, which includes water quality monitoring and
8analysis, for evaluating the program administered under this section and s. 281.65
9and submit the plan to the board. The board shall make recommendations to the
10department
and the department of natural resources on the plan. The department
11shall review and
approve or disapprove decide whether to modify the plan and shall
12notify the board of its final action on the plan. The department shall implement
any
13part of the plan
for which the plan gives it responsibility.
AB1-SSA1-SA2,251,2115
92.14
(14) Application, allocation, reporting and evaluation. The
16department
, jointly with the department of natural resources, shall develop a single
17set of grant application, reporting and evaluation forms for use by counties receiving
18grants under this section and ss. 281.65 and 281.66. The department
, jointly with
19the department of natural resources, shall implement a single process for grant
20application, funding allocation, reporting and evaluation for counties receiving
21grants under this section and ss. 281.65 and 281.66.
AB1-SSA1-SA2,252,223
92.14
(14m) Coordination. The department
of agriculture, trade and
24consumer protection and the department of natural resources, jointly, shall review
25applications from counties for grants under sub. (5r) and, for projects and activities
1selected to receive funding shall determine whether to provide funding under this
2section or under s. 281.65 or 281.66.
AB1-SSA1-SA2,252,97
92.18
(5) Any training required under this section may be conducted by the
8department
or the department of natural resources or by another person with the
9approval of the department.".
AB1-SSA1-SA2,252,2012
93.01
(1m) "Business" includes any business, except that of banks, savings
13banks,
credit unions, savings and loan associations
, and insurance companies.
14"Business" includes public utilities and telecommunications carriers to the extent
15that their activities, beyond registration, notice
, and reporting activities, are not
16regulated by the public service commission and includes public utility and
17telecommunications carrier methods of competition or trade and advertising
18practices that are exempt from regulation by the public service commission under s.
19196.195, 196.196, 196.202, 196.203, 196.219
, or 196.499 or by other action of the
20commission.".
