ATCP 48.08(1)(a) (a) The estimated increase in land value resulting from drainage. When estimating an increase in land value, a county drainage board may consider the current and potential uses of the land, taking into account any deed restrictions, easements, restrictive covenants, or other use limitations recorded with the county register of deeds. A potential use does not include a use that is prohibited by law.
ATCP 48.08(1)(b) (b) The type, depth, quality and character of surface soil and subsoil on the assessed land, and the depth of the water table on that land.
ATCP 48.08 Note Note: Soils with high water tables normally receive the greatest benefit from drainage.
ATCP 48.08(1)(c) (c) The amount of drainage required by, or provided to the assessed land.
ATCP 48.08(1)(d) (d) The thoroughness and reliability of drainage provided.
ATCP 48.08(1)(e) (e) The amount and frequency of flooding on the assessed land.
ATCP 48.08(1)(f) (f) The difficulty of draining the assessed land.
ATCP 48.08(1)(g) (g) Other factors which the county drainage board considers relevant.
ATCP 48.08 Note Note: Information relevant to the assessment of benefits may be obtained from a variety of sources including soil survey reports, aerial photographs, topographic maps, cropping histories, wetland maps, maps of original benefitted acres, interviews with individual landowners and on-site investigations.
ATCP 48.08(2) (2)Benefits assessed by 40-acre parcels. Benefits to agricultural lands shall be assessed parcel by parcel, with each parcel being not larger than 40 acres. If a landowner's parcel is larger than 40 acres, benefits shall be assessed for sub-parcels that are not larger than 40 acres each.
ATCP 48.08 Note Note: See s. 88.35, Stats.
ATCP 48.08(3) (3)Acreage excluded from assessment. A county drainage board shall exclude the following acreage from any assessment of benefits under this subchapter:
ATCP 48.08(3)(a) (a) Acreage in a district corridor unless the county drainage board authorizes the landowner, under s. ATCP 48.24 (5), to engage in row cropping in the district corridor.
ATCP 48.08(3)(b) (b) Acreage permanently lost to the landowner because of the construction, restoration or maintenance of district drains or corridors, or the deposition of materials excavated in connection with that construction, restoration or maintenance.
ATCP 48.08(4) (4)Land use categories. When estimating land values under sub. (1) (a), a county drainage board may consider any of the following land use categories or other categories which the county drainage board considers appropriate:
ATCP 48.08(4)(a) (a) Residential uses.
ATCP 48.08(4)(b) (b) Commercial uses.
ATCP 48.08(4)(c) (c) Cropland, including dryland cropland, pasture, irrigated cropland or cranberry cropland.
ATCP 48.08(4)(d) (d) Abandoned cropland, including former agricultural land not currently used for agricultural, residential or commercial purposes.
ATCP 48.08(4)(e) (e) Woodland, including managed and unmanaged woodlands.
ATCP 48.08(4)(f) (f) Wetlands, including soils with standing water that have no significant agricultural value.
ATCP 48.08(5) (5)Drainage assumptions. When estimating land values associated with a potential use, a county drainage board may assume that the drained lands have access to an outlet at the formally established grade profile and cross-section, and that the necessary on-site drainage facilities are installed to permit the potential use.
ATCP 48.08 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (a) and (b), r. (1) (g), renum. (1) (h) to be (1) (g), cr. (3) to (5), Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.10 ATCP 48.10Assessing benefits to nonagricultural lands.
ATCP 48.10(1)(1)Factors considered. When assessing benefits to nonagricultural lands in a drainage district, a county drainage board may consider all the factors specified for agricultural lands under s. ATCP 48.08 (1). The county drainage board may also consider the extent and frequency of additional discharges from the nonagricultural lands to district drains, and the drainage district's cost to accommodate those additional discharges. Additional discharges may include additional discharges of stormwater, wastewater, or precipitation runoff from impermeable surfaces.
ATCP 48.10 Note Note: The county drainage board may also assess upstream municipalities for costs of enlarging or maintaining drains that are attributable to increased water flow from the municipality. See s. 88.64, Stats., and s. ATCP 48.04 (3).
ATCP 48.10(2) (2)Allocating assessments. A county drainage board may assess benefits to nonagricultural lands, including rural subdivisions or individual rural residences, based on a flat amount per lot, per acre, or per building or residence.
ATCP 48.10 Note Note: See s. 88.35, Stats.
ATCP 48.10 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
subch. III of ch. ATCP 48 Subchapter III Inspecting drainage districts
ATCP 48.12 ATCP 48.12Inspection authority.
ATCP 48.12(1) (1) Pursuant to s. 88.13, Stats., a member of a county drainage board or an employee or other authorized agent of a county drainage board may enter any lands in a drainage district to perform an inspection under this subchapter, or to perform any other inspection of a district drain or corridor.
ATCP 48.12 Note Note: A county drainage board may authorize a landowner in a drainage district to make an inspection as an agent of the board. See s. 88.63 (1m), Stats.
ATCP 48.12(2) (2) Before a county drainage board or its agent performs an inspection on private lands, other than in a district corridor under s. ATCP 48.24, the county drainage board or its agent shall notify the landowner of the inspection. Notice 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. Notice under this section is adequate if given at any time prior to entry.
ATCP 48.12(3) (3) A county drainage board may employ or contract with any person to perform an inspection on behalf of the county drainage board.
ATCP 48.12 Note Note: Section 88.20, Stats., prohibits conflicts of interest by members of a county drainage board. See also s. 946.13, Stats.
ATCP 48.12 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.14 ATCP 48.14Annual inspection.
ATCP 48.14(1) (1)Requirement. A county drainage board or its authorized employee or agent shall annually inspect every drainage district. The inspection shall include an inspection of all district drains and district corridors, and shall determine all of the following:
ATCP 48.14(1)(a) (a) Whether district drains are being maintained in compliance with this chapter.
ATCP 48.14(1)(b) (b) Whether a district corridor has been established and is being maintained around every district ditch in compliance with this chapter.
ATCP 48.14(1)(c) (c) Whether landowners are complying with applicable requirements under this chapter.
ATCP 48.14(1)(d) (d) Whether, and to what extent, sedimentation has occurred in district drains.
ATCP 48.14(1)(e) (e) Whether the cross-sections or grade profiles of district drains have changed significantly from the formally established cross-sections or grade profiles.
ATCP 48.14(1)(f) (f) Whether any drains should be restored, altered or improved to ensure proper drainage, to reduce soil erosion or sedimentation problems, or to comply with this chapter.
ATCP 48.14(1)(g) (g) Whether the district drainage system is operating effectively to achieve the goals which have been specified for the drainage district pursuant to s. 88.63, Stats., and s. ATCP 48.36 (1) (f).
ATCP 48.14 Note Note: A county drainage board may perform an annual inspection in stages during the year. Reports covering the various stages of the inspection may be combined in a single report under sub. (3).
ATCP 48.14(2) (2)Landowner participation. The county drainage board shall, by publishing a class 2 notice under ch. 985, Stats., notify the landowners in each drainage district of the inspection under sub. (1). The notice shall inform landowners and land users that they may accompany the inspection under sub. (1) of lands owned or used by them, and may submit comments related to the performance of the district drainage system.
ATCP 48.14(3) (3)Inspection report. A county drainage board shall, in conjunction with its annual report for each drainage district under s. 88.24, Stats., prepare an annual report summarizing the results of its inspection under sub. (1), including any comments received under sub. (2). The county drainage board shall file a copy of its report with the county zoning administrator and with the department by December 1 of each year. Before filing the report under this subsection, the county drainage board shall present its report at a public meeting which is preceded by a class 2 notice under ch. 985, Stats. Notice of the meeting shall also be sent to all known landowners in the drainage district.
ATCP 48.14 Note Note: The department will make available, to the state of Wisconsin department of natural resources, copies of the reports which the department receives under sub. (3).
ATCP 48.14(4) (4)Report contents. The county drainage board's annual inspection report under sub. (3) shall report the board's inspection findings related to each of the items listed under sub. (1). For each item, the report shall identify any problems, violations or deficiencies noted by the county drainage board. The report shall also specify how the county drainage board will address each problem, violation or deficiency.
ATCP 48.14 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (e), Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.16 ATCP 48.16Inspection after major storm.
ATCP 48.16(1)(1)Requirement. Within 3 weeks after a drainage district is affected by a storm that exceeds a 25-year 24-hour rainfall event for that county, the county drainage board or its authorized employee or agent shall inspect the district drains and corridors affected by the storm. The county drainage board shall inspect the district drains and corridors to determine the nature and extent of any storm damage, and to determine whether repairs are necessary. A 25-year 24-hour rainfall event is the amount of rain received over a 24-hour period as shown in Table 1.
TABLE 1
Probable 24-hour Rainfall Events, In Inches of rain, for counties in Wisconsin - See PDF for table PDF
ATCP 48.16 Note Note: The data of table 1 were obtained by extrapolation from maps published by the National Weather Service in Technical Paper No. 40, “Rainfall Frequency Atlas of the United States."
ATCP 48.16(2) (2)Inspection report. A county drainage board shall prepare a report summarizing the results of its storm inspection under sub. (1). The report shall identify any significant storm damage identified in the inspection, and shall indicate how the board plans to repair the damage. The county drainage board shall file a copy of its storm inspection report with the department when the county drainage board files its annual report under s. ATCP 48.14.
ATCP 48.16 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.18 ATCP 48.18Department review and action.
ATCP 48.18(1) (1) The department shall review inspection reports submitted by county drainage boards under this subchapter.
ATCP 48.18(2) (2) The department may do any of the following which the department considers necessary:
ATCP 48.18(2)(a) (a) Inspect and copy county drainage board records, or issue an order under s. ATCP 48.52 requiring a county drainage board to file with the department a copy of any record or report required under this chapter.
ATCP 48.18(2)(b) (b) Conduct inspections or other investigations to verify the findings made or reported by a county drainage board.
ATCP 48.18(2)(c) (c) Issue an order under s. ATCP 48.52 requiring a county drainage board to file a specific maintenance or repair plan. As part of the maintenance or repair plan, the department may require the county drainage board to include engineering specifications, specifications for the deposition of dredged materials, a financing plan and other relevant information.
ATCP 48.18(2)(d) (d) Issue an order under s. ATCP 48.52 which prohibits the construction or alteration of a district drain or corridor if the construction or alteration violates this chapter.
ATCP 48.18(2)(e) (e) Issue an order under s. ATCP 48.52 which requires a county drainage board to comply with applicable requirements under this chapter.
ATCP 48.18 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.
subch. IV of ch. ATCP 48 Subchapter IV District Map, Drains and Corridors
ATCP 48.20 ATCP 48.20Drainage district specifications.
ATCP 48.20(1) (1) Specifications required. By December 31, 2000, every county drainage board shall adopt complete specifications for each drainage district under that board's jurisdiction. The department shall approve the specifications before the county drainage board adopts them. The specifications shall include all of the following:
ATCP 48.20(1)(a) (a) A map which clearly and accurately shows all of the following:
ATCP 48.20(1)(a)1. 1. The boundaries of the drainage district, as last confirmed by the circuit court or as last revised by the county drainage board under ss. 88.77 to 88.80, Stats.
ATCP 48.20 Note Note: If the existing boundary of a drainage district is not clearly documented by a circuit court order, or by a county drainage board order under ss. 88.77 to 88.80, Stats., the county drainage board should clarify that boundary by appropriate procedures under ss. 88.77 to 88.80, Stats. See s. ATCP 48.21 (1).
ATCP 48.20(1)(a)2. 2. The intended alignment and extent of every district drain. If private drains are connected to district drains, the map shall clearly identify which drains, or portions of drains, are district drains.
ATCP 48.20(1)(a)3. 3. The intended location and width of every district corridor required under s. ATCP 48.24.
ATCP 48.20(1)(b) (b) The intended cross-section of every district drain. Each vertical section in the cross-section of a district ditch shall include all of the following elements:
ATCP 48.20(1)(b)1. 1. The intended top and bottom width of the ditch.
ATCP 48.20(1)(b)2. 2. The intended depth of the ditch.
ATCP 48.20(1)(b)3. 3. The intended side slope angle of the ditch.
ATCP 48.20(1)(b)4. 4. Any drainage structures intersected by that vertical section.
ATCP 48.20 Note Note: The vertical sections comprising the cross-section of a district drain should normally be taken at intervals of not more than 1/3 mile along the entire length of the drain, and at points where structures or changes in drain slope occur.
ATCP 48.20(1)(c) (c) The grade profile of every district drain. The grade profile of a district ditch shall include all of the following elements:
ATCP 48.20(1)(c)1. 1. The intended grade elevations of the top and bottom of the ditch.
ATCP 48.20(1)(c)2. 2. The estimated water surface elevations in the ditch at base flow. The county drainage board shall use a method described in ch. ATCP 48 Appendix A, or another method approved by the department, to estimate water surface elevations at base flow.
ATCP 48.20(1)(c)3. 3. The peak water surface elevations in the ditch in the event of a 10-year 24-hour storm event. The county drainage board shall use the method described in ch. ATCP 48 Appendix A, or another method approved by the department, to estimate peak water surface elevations in the event of a 10-year 24 hour storm event.
ATCP 48.20 Note Note: The formally established “grade profile" effectively determines drainage access and the depth of drainage provided to landowners. When a county drainage board documents the “grade profile" of a district drain, the county drainage board may also wish to determine the elevations of known points at which private drains empty into that district drain.
ATCP 48.20(2) (2)Notice to landowners; opportunity to object. Before a county drainage board applies to the department for approval of proposed drainage district specifications required under sub. (1), the county drainage board shall do all of the following:
ATCP 48.20(2)(a) (a) Mail or deliver, to every known landowner in the drainage district, written notice of the proposed specifications. The notice shall include the proposed specifications or shall explain how the landowner may obtain them. The notice shall also include an announcement of the meeting required under par. (c), including the date, time and place of the meeting.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.