ATCP 48.16 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.18
ATCP 48.18 Department 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.
ATCP 48.20
ATCP 48.20 Drainage 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)(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 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)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.
ATCP 48.20(2)(b)
(b) Publish a class 2 notice, under
ch. 985, Stats., of the meeting under
par. (c). The notice shall explain the purpose of the meeting, and shall include the meeting date, time and place.
ATCP 48.20(2)(c)
(c) Hold a public meeting to explain and discuss the proposed specifications. The county drainage board shall make the proposed specifications available for public inspection at the meeting.
ATCP 48.20(2)(d)
(d) Give landowners at least 30 days after the public meeting to file, with the county drainage board, written objections to the proposed specifications.
ATCP 48.20(3)(a)(a) To obtain the department's approval under
sub. (1), a county drainage board shall file all of the following with the department:
ATCP 48.20(3)(a)1.
1. The drainage district specifications for which the county drainage board seeks approval.
ATCP 48.20(3)(a)2.
2. A description of how the county drainage board established the specifications.
ATCP 48.20(3)(b)
(b) Within 90 days after a county drainage board files a complete application under
par. (a), the department shall approve or disapprove the specifications proposed by the county drainage board. The department may, for good cause, extend the approval deadline to a date specified by the department.
ATCP 48.20 Note
Note: The department will consult with the department of natural resources before approving drainage district specifications proposed by the county drainage board. Among other things, the department will ask the department of natural resources to identify which, if any, drains in the district have a navigable stream history.
ATCP 48.20(4)
(4) Filing approved specifications. Within 30 days after the county drainage board adopts drainage district specifications under this section, the county drainage board shall file the specifications with the department, the county zoning administrator and the county register of deeds. Specifications are not formally established until they are approved, adopted and filed.
ATCP 48.20 Note
Note: A landowner may challenge formally established drain specifications that violate this chapter or ch.
88, Stats., even if the department has approved those specifications. (In some cases, the department may not be aware of a violation when it approves the specifications.)
ATCP 48.20(5)
(5) Designating district drains. A county drainage board may not, over the objection of any landowner who owns or holds an easement to the land on which a drain is located, designate that drain as a district drain under
sub. (1) (a) 2. unless the drainage board does at least one of the following:
ATCP 48.20(5)(a)
(a) Documents that a circuit court has, by order, designated that drain as a district drain.
ATCP 48.20(5)(b)
(b) Documents that the drain has, historically, been operated and maintained as a district drain.
ATCP 48.20 Note
Note: A drain is not necessarily a “district drain" merely because it is located on land within a drainage district, or merely because it provides drainage for more than one landowner. In some cases, lands within a drainage district are drained by private drains that empty into district drains. Private drains are not operated or maintained by the county drainage board; nor is there any district corridor surrounding a private drain.
ATCP 48.20(6)
(6) Drain cross-section, grade profile and alignment. ATCP 48.20(6)(a)(a) Except as provided in
par. (b) or
(c), the county drainage board shall adopt under
sub. (1) the cross-sections, grade profiles and alignments last confirmed by the circuit court. If a county drainage board is unable to locate court specifications for a drain cross-section, grade profile or alignment, the drainage board may reconstruct those specifications based on physical evidence of historical conditions in the drainage district.
ATCP 48.20 Note
Note: For example, a county drainage board may be able to document a historical grade profile by physical evidence including soil conditions and invert elevations of historical structures along the alignment of the district drain.
ATCP 48.20(6)(b)
(b) A cross-section, grade profile or alignment adopted under
sub. (1) shall incorporate changes which the county drainage board, acting within its statutory authority, approved prior to September 1, 1999, except that a grade profile adopted under
sub. (1) may not incorporate a change which the drainage board purported to approve prior to September 1, 1999, over the unresolved objection of a landowner whose access to drainage was affected by that change. A grade profile change is deemed to affect a landowner's access to drainage if it impedes gravity flow of water from his or her land, through a real or assumed drain, to any real or assumed outlet at the formally established cross-section and grade profile of the district drain.
ATCP 48.20(6)(c)
(c) A county drainage board may proceed under
s. ATCP 48.21 to change or clarify the cross-section, grade profile or alignment of a district drain.
ATCP 48.20 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95; r. and recr.
Register, August, 1999, No. 524, eff. 9-1-99;
corrections in (1) (c) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688. ATCP 48.21
ATCP 48.21 Changing drainage district specifications. ATCP 48.21(1)(a)(a) A county drainage board may not change any drainage district boundary except by applicable procedures specified under ss.
88.77 to
88.80, Stats.
ATCP 48.21 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.
ATCP 48.21(1)(b)
(b) Whenever a county drainage board changes any drainage district boundary pursuant to ss.
88.77 to
88.80, Stats., the county drainage board shall file a record of the change with the department, the county zoning administrator and the county register of deeds. The record shall include all of the following:
ATCP 48.21(2)(a)(a) A county drainage board may not designate a private drain as a district drain unless the county drainage board does at least one of the following:
ATCP 48.21(2)(a)1.
1. Obtains the written consent of every landowner who owns or holds an easement to land on which the drain is located.
ATCP 48.21(2)(a)2.
2. Purchases or condemns, pursuant to s.
88.21 (6), Stats., and
ch. 32, Stats., all of the land newly required for that district drain and for any district corridor required for that drain under
s. ATCP 48.24.
ATCP 48.21(2)(b)
(b) Whenever a county drainage board designates a private drain as a district drain, the county drainage board shall file a record of that designation with the department, the county zoning administrator and the county register of deeds. The record shall include all of the following:
ATCP 48.21(2)(b)1.
1. A revised map of the drainage district, showing the designated drain and any district corridor required under
s. ATCP 48.24 for that designated drain.
ATCP 48.21 Note
Note: A drain is not necessarily a “district drain" merely because it is located on land within a drainage district, or merely because it provides drainage for more than one landowner. In some cases, lands within a drainage district are drained by private drains that empty into district drains. Private drains are not operated or maintained by the county drainage board; nor is there any district corridor surrounding a private drain. Under s.
ATCP 48.24, a district corridor is required for a “district ditch" but not for other district drains.
ATCP 48.21(3)(a)(a) A county drainage board may not change the formally established cross-section of a district drain without the department's approval under
s. ATCP 48.34.
ATCP 48.21 Note
Note: A “formally established" cross-section is one established by circuit court order, or by county drainage board action under s.
ATCP 48.20 or this section. See s.
ATCP 48.01 (13r).
ATCP 48.21(3)(b)
(b) Whenever a county drainage board changes the formally established cross-section of a district drain with department approval, the county drainage board shall file a clear record and description of the change with the department, the county zoning administrator and the county register of deeds.
ATCP 48.21(4)(a)(a) A county drainage board may not change the formally established alignment of a district drain unless the county drainage board does all of the following:
ATCP 48.21(4)(a)1.
1. Obtains the written consent of each owner of land that is newly included in the district corridor because of the realignment, or condemns that newly included land pursuant to s.
88.21 (6), Stats., and
ch. 32, Stats. This subdivision does not apply if the realignment brings no new land into the district corridor, or if no district corridor is required under
s. ATCP 48.24.
ATCP 48.21 Note
Note: A “formally established" alignment is one established by circuit court order, or by county drainage board action under s.
ATCP 48.20 or this section. See s.
ATCP 48.01 (13r). Under s.
ATCP 48.24, a district corridor is required for a “district ditch" but not for other district drains.
ATCP 48.21(4)(b)
(b) Whenever a county drainage board changes the formally established alignment of a district drain, the county drainage board shall file a record of the change with the department, the county zoning administrator and the county register of deeds. The record shall specifically describe the change, and shall include a new map of the drainage district if the change affects a map previously filed under
s. ATCP 48.20 or this section.
ATCP 48.21(5)(a)(a) A county drainage board may not change the formally established grade profile of a district drain unless the county drainage board does all of the following:
ATCP 48.21(5)(a)1.
1. Provides, to every landowner in the drainage district whose access to drainage will be affected by the proposed change, a written notice that clearly describes the proposed change and gives the landowner at least 30 days to object. A change is deemed to affect a landowner's access to drainage if it impedes gravity flow of water from his or her land, through a real or assumed drain, to any real or assumed outlet at the formally established cross-section and grade profile of the district drain.
ATCP 48.21(5)(a)2.
2. Resolves, to the satisfaction of the objecting landowner, every timely objection filed with the county drainage board by a landowner who is entitled to notice under
subd. 1.
ATCP 48.21 Note
Note: A “formally established" grade profile is a grade profile established by circuit court order, or by county drainage board action under s.
ATCP 48.20 or this section. See s.
ATCP 48.01 (13r). The department may not approve a change to a formally established grade profile if any objection by an affected landowner under par. (a) 1. remains unresolved. See ss.
ATCP 48.34,
48.36 and
48.38.
