AB653: Bill Text

AB653,4,3 30.20 (1g) (d) The removal of material by a drainage district from the bed of a ditch operated by the drainage district is exempt from the individual and general permit requirements under this section if all of the following apply:

AB653,4,4 1. The material is removed for the purpose of maintaining the ditch.

AB653,4,6 2. The removal of the material does not violate any applicable floodplain zoning ordinances.

AB653,4,10 3. The material is not removed from an area that is listed in a database maintained by the department identifying contaminated properties and other activities related to the investigation and cleanup of contaminated soil or groundwater in this state.

AB653,4,11 4. If the removed material is spread on land, all of the following apply:

AB653,4,12 a. The material is graded and smoothed to blend into cultivated lands.

AB653,4,13 b. The surface slope of the material does not exceed a slope of 8 to 1.

AB653,4,14 c. The material is not more than 2 feet deep at the top of the bank of the ditch.

AB653,4,17 5. No portion of a pile of the removed material is closer than 12 feet from the top of the bank of the ditch, is piled at any angle other than a stable angle of repose for that material, nor has a slope exceeding a slope of 2 to 1.

AB653,4,20 6. The drainage district, in maintaining the drainage ditch, does all of the following in order to prevent the spread of invasive species or the spread of viruses from one navigable water to another:

AB653,4,23 a. Removes plants, animals, and mud and other debris from all equipment it uses to maintain the drainage ditch before the equipment is placed in any other navigable water.

AB653,5,2 b. Washes all equipment that it uses to maintain the drainage ditch with high pressure water of not less than 2000 pounds per square inch before it is placed in any other navigable water or allows the equipment to dry for not less than 5 days before it is placed in any other navigable water.

AB653,5,4 7. The material is not discharged into a wetland that is identified by the department under s. 281.36 (3g) (d) 1. to 7.

AB653,5,6 8. If the drainage ditch is located south of STH 29, the removal activity does not occur between March 15 and the immediately following May 15.

AB653,5,8 9. If the drainage ditch is located north of STH 29, the removal activity does not occur between April 1 and the immediately following June 1.

AB653,5,11 10. If the drainage ditch is classified by the department as a trout stream, the drainage district coordinates the time of its removal activities with department fisheries staff.

AB653,2 Section 2. 88.075 of the statutes is created to read:

AB653,5,18 88.075 Transfer of certain authority. (1) If a drainage district has been inactive for 3 or more years, the court may transfer authority to make appointments to the drainage board under s. 88.17 to the county board of the county in which the drainage district is primarily located. A transfer may be ordered under this section upon a petition by the county board or upon the court's own motion, with the approval of the county board.

AB653,5,20 (2) If authority is transferred under sub. (1), the county board shall have all of the duties and powers specified for the court under s. 88.17.

AB653,3 Section 3. 88.13 of the statutes is amended to read:

AB653,6,6 88.13 Right to enter lands of drainage district. Whenever necessary for any purpose connected with the organization of a district or the construction, maintenance or repair of drains and other works, members of the board, representatives of the department of agriculture, trade and consumer protection, and persons intending to bid on or to whom contracts have been let for the construction of the works within a district or on former district lands transferred under s. 88.83 and their respective agents and employees may go upon any lands proposed for inclusion or included within a district or on adjoining lands or on former district lands transferred under s. 88.83, and are not guilty of trespass therefor but are liable for unnecessary damage caused to crops or structures.

AB653,4 Section 4. 88.17 (2h) (c) of the statutes is created to read:

AB653,6,12 88.17 (2h) (c) Local or statewide agriculture, engineering, local government, or real estate organizations, including the Wisconsin Potato and Vegetable Growers Association, the Wisconsin State Cranberry Growers Association, the Wisconsin Farm Bureau Federation, the Wisconsin Farmers Union, the Dairy Business Association, and the Wisconsin Dairy Products Association.

AB653,5 Section 5. 88.17 (2h) (d) of the statutes is created to read:

AB653,6,16 88.17 (2h) (d) The department of agriculture, trade and consumer protection, which may recommend persons who have engineering experience related to water resources and agriculture.

AB653,6 Section 6. 88.17 (2r) of the statutes is created to read:

AB653,7,2 88.17 (2r) Notwithstanding subs. (1) to (2p), if a drainage district is located entirely or partially within the corporate limits of a city or village, the chief executive of the city or village or his or her designee shall be a member of the board. A member required under this subsection does not replace a member or count toward the minimum or maximum number of members under sub. (1) or (2) or toward the determination of whether a quorum exists and may not be eliminated under sub. (2). A member under this subsection may vote only on matters related to a drainage district that is located entirely or partially within the corporate limits of the city or village that the member represents.

AB653,7 Section 7. 88.212 (4) of the statutes is created to read:

AB653,7,7 88.212 (4) If any portion of a drainage district that is a subject matter of a drainage board meeting is located in a city, village, or town, notify the city, village, or town of the date, time, and subject matter of the meeting. A notification under this subsection may be in an electronic format.

AB653,8 Section 8. 88.31 (7r) of the statutes is created to read:

AB653,7,12 88.31 (7r) A drainage district that is exempt from the individual and general permit requirements under s. 30.20 as specified under s. 30.20 (1g) (d) is exempt from the permit requirements and procedures under subs. (1) to (7) with respect to that removal.

AB653,9 Section 9. 88.62 (3) (a) of the statutes is amended to read:

AB653,7,19 88.62 (3) (a) If Except for a removal of material that is exempt from the individual and general permit requirements under s. 30.20 as specified under s. 30.20 (1g) (d) and except as provided under par. (b), if drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b).

AB653,10 Section 10. 88.74 of the statutes is created to read:

AB653,7,22 88.74 District corridors. (1) (a) Except as provided in par. (b), the board shall establish all of the following as district corridors:

AB653,7,24 1. A corridor which extends 20 feet from the top of the ditch bank on each side of a district ditch.

AB653,8,2 2. A corridor extending 20 feet from the centerline on each side of any other district drain or facility.

AB653,8,5 (b) Upon notice to affected landowners, the board may establish and maintain a wider corridor if a wider corridor is necessary to meet any of the purposes specified under sub. (3).

AB653,8,7 (2) The board shall provide notice of any corridor established under sub. (1) to the county and the city, village, or town in which the corridor is located.

AB653,8,9 (3) The board shall maintain a corridor established under sub. (1) to accomplish all of the following purposes:

AB653,8,11 (a) To provide the board with effective access to the drain or facility, including access for vehicles or equipment.

AB653,8,12 (b) To protect water quality in the drain or facility.

AB653,8,15 (4) (a) Except as provided in par. (b), the board may, without prior notice to the landowner, enter a corridor established under sub. (1) to inspect, survey, maintain, repair, restore, or improve a drain, facility, or corridor.

AB653,8,17 (b) Before doing any of the following in a corridor, the board shall notify the landowner of the pending action:

AB653,8,19 1. Cutting a tree that is more than 6 inches in diameter measured at breast height.

AB653,8,20 2. Excavating or depositing materials in the corridor.

AB653,8,23 (c) Notice under par. (b) may be given at any time before performance of the work and may be given in person, by telephone, by mail, or, if the landowner is not available, by posting notice at a conspicuous location at an entrance to the land.

AB653,8,25 (5) (a) No person may do any of the following in a corridor established under sub. (1) without written permission from the board:

AB653,9,1 1. Engage in row cropping in the corridor.

AB653,9,3 2. Place any obstruction in the corridor that interferes with the board's ability to accomplish a purpose under sub. (3).

AB653,9,5 (b) A person who violates par. (a) may not recover damages with regard to any damage to crops or obstructions caused by actions taken by the board under sub. (3).

AB653,9,9 (c) Paragraph (a) does not require a landowner to remove any building or fixture constructed or installed in a corridor prior to September 1, 1999, or any structure that does not interfere with the board's maintenance of a drain and that was placed in the corridor for the purpose of providing drainage.

AB653,9,12 (6) No city, village, town, or county may by ordinance, resolution, or any other means restrict, or impose other conditions related to, the board's maintenance of district corridors or ditches.

AB653,11 Section 11. 88.785 of the statutes is created to read:

AB653,9,21 88.785 Certain annexations prohibited. (1) Notwithstanding ss. 88.34, 88.77, and 88.78, no lands that are within the corporate limits of a city, a village, or, if the town operates a municipal utility that manages storm water or has entered into a maintenance agreement under s. 88.83 (2m) with the annexing drainage district covering the portion of the town proposed to be annexed, a town may be included in a newly organized drainage district or annexed to a drainage district unless the governing body of the city, village, or town adopts a resolution approving the inclusion or annexation.

AB653,9,24 (2) Notwithstanding ss. 88.77 and 88.78, no lands that are located in a county in which no portion of the drainage district is located may be annexed to a drainage district.

AB653,12 Section 12. 88.83 (title) of the statutes is amended to read:

AB653,10,1 88.83 (title) Transfer of district to city or village municipal jurisdiction.

AB653,13 Section 13. 88.83 (1) of the statutes is renumbered 88.83 (1g) and amended to read:

AB653,10,9 88.83 (1g) The owners of a majority of the land proposed to be transferred in any a drainage district located entirely or partially within the corporate limits of a city or village municipality may petition the drainage board having jurisdiction of the district to transfer jurisdiction thereof to the city or village of the part of the district proposed to be transferred that is located within the municipality to the municipality.

AB653,14 Section 14. 88.83 (1c) of the statutes is created to read:

AB653,10,11 88.83 (1c) In this section, "municipality" means a city, village, or town.

AB653,15 Section 15. 88.83 (1m) of the statutes is repealed.

AB653,16 Section 16. 88.83 (1r) of the statutes is repealed.

AB653,17 Section 17. 88.83 (2m) of the statutes is created to read:

AB653,10,18 88.83 (2m) If the proposed transfer of jurisdiction is of less than the entire district, jurisdiction of the part of the drainage district may not be transferred to a municipality unless the municipality to which jurisdiction will be transferred and the district have entered into an agreement to which all of the following apply:

AB653,10,21 (a) The municipality agrees to ensure access to, and maintenance of, any corridor established under s. 88.74 (1) that is located on land transferred under this section consistent with the requirements of s. 88.74.

AB653,10,24 (b) The municipality agrees, upon order by the drainage district from which jurisdiction was transferred, to maintain and repair any part of a former district drain located in land transferred under this section.

AB653,11,3 (c) That if the municipality fails to complete work ordered under par. (b), the district may complete the work and assess costs on the confirmed benefits to property subject to assessment at the time of transfer of jurisdiction.

AB653,18 Section 18. 88.83 (3) of the statutes is amended to read:

AB653,11,19 88.83 (3) If the drainage board finds upon the hearing that the petition is signed by the required number of owners of a majority of the land in the district, or by a majority of the owners in that part of the district lying within the corporate limits of a city or village and that the conditions under sub. (2m) have been satisfied, it shall issue an order transferring jurisdiction of the district or part of the district to the city or village municipality. If the order transfers jurisdiction of the entire district and the governing body of the municipality approves the transfer, the drainage district shall cease to exist as a district under this chapter and shall automatically come under the jurisdiction of the governing body of the city or village municipality in which the district is located. If the order transfers jurisdiction of only a part of the district and the governing body of the municipality approves the transfer, the section transferred shall automatically come under the jurisdiction of the governing body of the city or village municipality in which the district is located. After a transfer, all proceedings with reference to the drainage district or part of the district shall be under the city or village drainage law.

AB653,19 Section 19. 88.83 (4) of the statutes is amended to read:

AB653,12,20 88.83 (4) As an alternative, proceedings covered by this section may be initiated by a resolution of the governing body of a city or village municipality. The resolution shall state that the city or village municipality is willing to accept the drain or part of the drain and to administer it under the laws pertaining to the operation of drains by the city or village, and that the public interest requires that the city or village municipality take over the operation of the drain or part of the drain. The resolution shall be published as a class 1 notice under ch. 985. The city or village municipality may petition the drainage board having jurisdiction of the drain to issue an order transferring jurisdiction of the district or part of the district to the city or village. No municipality. The drainage board may not hold a hearing may be held on the petition until 30 days have elapsed from after the date of publication of the notice. A copy of the petition, together with a copy of the and resolution, shall be served on the county clerk of the county in which the drain is located, and also upon the board having jurisdiction of the drain. After If the drainage board finds upon the hearing that the conditions under sub. (2m) have been met, the drainage board may issue an order transferring jurisdiction of the drain or part of the drain to the city or village municipality. If an the order is issued that transfers jurisdiction of the entire district, the drainage district shall cease to exist as a district under this chapter and shall automatically come under the jurisdiction of the governing body of the city or village municipality in which the district is located. If the order transfers jurisdiction of only a part of the district, the section transferred shall automatically come under the jurisdiction of the governing body of the city or village municipality in which the district is located. After a transfer, all proceedings with reference to the drainage district or part of the district shall be under the city or village drainage law.

AB653,20 Section 20. 88.83 (5) of the statutes is amended to read:

AB653,13,7 88.83 (5) Upon entry of the an order transferring jurisdiction of such an entire district to such city or village a municipality and approval of the transfer by the municipality, the county treasurer and district shall pay to the city or village treasurer of such city or village the municipality all moneys in the county treasurer's or district's hands which belong to such the drainage district. Upon entry of an order transferring jurisdiction of a part of a district to the city or village in which it is located a municipality and approval of the transfer by the municipality, the county treasurer and district shall pay to the city or village treasurer of the municipality a proportional share of the moneys in the county treasurer's or district's hands which belong to the drainage district based upon assessed benefits transferred less a proportional share of outstanding indebtedness.

AB653,21 Section 21. 281.36 (5) (intro.) of the statutes is amended to read:

AB653,13,13 281.36 (5) Inapplicability of exemptions. (intro.) Notwithstanding sub. (4), a discharge that would be exempt under sub. (4) is subject to the permitting requirement under sub. (3b) if the discharge is incidental to an activity that has as its purpose bringing a wetland, or part of a wetland, into a land use for which it was not previously subject and if the activity may do any of the following:

AB653,22 Section 22. Initial applicability.

AB653,13,17 (1) The treatment of section 88.785 of the statutes first applies to the organization of a drainage district or an annexation that is pending on the effective date of this subsection.

AB653,13,20 (2) The treatment of section 88.83 (title), (1), (1c), (1m), (1r), (2m), (3), (4), and (5) of the statutes first applies to a petition for transfer of jurisdiction filed on the effective date of this subsection.

AB653,13,21 (End)