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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.
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3Section
7. 88.212 (4) of the statutes is created to read:
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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.
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8Section
8. 88.31 (7r) of the statutes is created to read:
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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.
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13Section
9. 88.62 (3) (a) of the statutes is amended to read:
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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:
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2188.74 District corridors. (1) (a) Except as provided in par. (b), the board shall
22establish all of the following as district corridors:
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1. A corridor which extends 20 feet from the top of the ditch bank on each side
24of a district ditch.
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12. A corridor extending 20 feet from the centerline on each side of any other
2district drain or facility.
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(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).
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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.
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8(3) The board shall maintain a corridor established under sub. (1) to
9accomplish all of the following purposes:
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(a) To provide the board with effective access to the drain or facility, including
11access for vehicles or equipment.
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(b) To protect water quality in the drain or facility.
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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.
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(b) Before doing any of the following in a corridor, the board shall notify the
17landowner of the pending action:
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1. Cutting a tree that is more than 6 inches in diameter measured at breast
19height.
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2. Excavating or depositing materials in the corridor.
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(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.
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24(5) (a) No person may do any of the following in a corridor established under
25sub. (1) without written permission from the board:
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11. Engage in row cropping in the corridor.
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2. Place any obstruction in the corridor that interferes with the board's ability
3to accomplish a purpose under sub. (3).
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(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).
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(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.
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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:
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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.
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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:
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188.83 (title)
Transfer of district to city or village municipal jurisdiction.
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2Section
13. 88.83 (1) of the statutes is renumbered 88.83 (1g) and amended
3to read:
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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.
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10Section
14. 88.83 (1c) of the statutes is created to read:
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88.83
(1c) In this section, "municipality" means a city, village, or town.
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12Section
15. 88.83 (1m) of the statutes is repealed.
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13Section
16. 88.83 (1r) of the statutes is repealed.
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14Section
17. 88.83 (2m) of the statutes is created to read:
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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:
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(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.
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(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.
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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.
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4Section
18. 88.83 (3) of the statutes is amended to read:
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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:
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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:
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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:
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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.
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(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.
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(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.