(e) That if the municipality fails to complete work ordered under par. (d), the district may complete the work and assess costs on the confirmed benefits to property located in the municipality, as follows:
1. The district shall provide notice to the municipality that, based upon an inspection by the board, maintenance of a drain on land transferred under this section is necessary.
2. If the municipality does not within 30 days of receiving the notice under subd. 1. enter into an agreement with the district to perform the maintenance or does not perform the ordered maintenance within 12 months of receiving the notice under subd. 1., the district may file a declaratory judgment action in the court having jurisdiction over the district. The only issues in an action under this subdivision shall be compliance with this paragraph and whether the lands proposed to be assessed are benefited by the drain.
3. a. If the court determines that the district has complied with this paragraph and that the lands proposed to be assessed are benefited by the drain, the district may complete the work and assess costs to the municipality.
b. If the court determines that the district has not complied with this paragraph or that the lands proposed to be assessed are not benefited by the work, the district may complete the work, but may not assess costs to the municipality.
115,26
Section
26. 88.83 (3) of the statutes is amended to read:
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
may 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.
115,27
Section
27. 88.83 (4) of the statutes is amended to read:
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.
115,28
Section
28. 88.83 (5) of the statutes is amended to read:
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.
281.36 (3b) (b) No person may discharge dredged material or fill material into a wetland unless the discharge is authorized by a wetland general permit or individual permit issued by the department under this section or the discharge is exempt under sub. (4) or, (4m) (a), or (4r). No person may violate any condition contained in a wetland general or individual permit issued by the department under this section. The department may not issue a wetland general or individual permit under this section unless it determines that the discharge authorized pursuant to the wetland general or individual permit will comply with all applicable water quality standards.
281.36 (3m) (a) When permit required. Any person wishing to proceed with a discharge into any wetland shall submit an application for a wetland individual permit under this subsection unless the discharge has been authorized under a wetland general permit as provided in sub. (3g) or is exempt under sub. (4) or, (4m) (a), or (4r). Before submitting the application, the department shall hold a meeting with the applicant to discuss the details of the proposed discharge and the requirements for submitting the application and for delineating the wetland. An applicant may include in the application a request for a public informational hearing. The application shall be accompanied by the applicable fee specified in sub. (11) or (12) (a).
115,31
Section
31. 281.36 (4r) of the statutes is created to read:
281.36 (4r) Drainage district activity exemption. (a) The permitting requirement under sub. (3b) does not apply to any discharge that is the result of activity undertaken by a drainage district to maintain drainage district drains in accordance with plans and specifications approved by the department of agriculture, trade and consumer protection.
(b) The department shall waive any water quality certification requested under
33 USC 1341 (a) for a discharge described under par. (a).
115,32
Section
32. 281.36 (6) (a) (intro.) of the statutes is amended to read:
281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and implement the provisions under subs. (4), (4r), and (5). In promulgating these rules, the department shall do all of the following:
115,33
Section
33. 281.36 (9) (a) (intro.) of the statutes is amended to read:
281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland individual permit, whether authorization to proceed as authorized under a wetland general permit is appropriate, or whether an exemption under sub. (4) or (4r) is appropriate, and for purposes of enforcing this section, any employee or other representative of the department, upon presenting his or her credentials, may do any of the following:
115,33m
Section 33m. 283.33 (1) (intro.) of the statutes is amended to read:
283.33 (1) Requirement. (intro.) An Except as provided in sub. (1m), an owner or operator shall obtain a permit under this section for any of the following:
115,33p
Section 33p. 283.33 (1m) of the statutes is created to read:
283.33 (1m) Exemptions; limitation on local permitting. (a) An owner or operator is not required to obtain a permit under this section for any of the following:
1. A discharge of storm water associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock, as defined in s. 95.80 (1) (b), or poultry, including sod farms and tree nurseries.
2. A discharge of storm water associated with pasturing or yarding livestock, as defined in s. 95.80 (1) (b), or poultry.
3. A discharge of storm water from land containing dredged material removed from a drainage district ditch, if the land is adjacent to the ditch from which the dredged material was removed.
4. Any other discharge of storm water exempted by the department by rule from obtaining a permit under this section.
(b) A political subdivision may not require an owner or operator to obtain a permit from the political subdivision for any discharge described under par. (a) 1. to 4. In this paragraph, “political subdivision” means a city, village, town, or county.
(c) The exemptions under par. (a) and the prohibition under par. (b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures.
115,34
Section
34.
Initial applicability.
(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.
(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.
(3) The treatment of section 88.17 (2r) (a) 2. of the statutes first applies to a drainage district board that has a vacancy on the effective date of this subsection.