Chapter ATCP 48

ATCP 48.44(2)(d) (d) Neither the obstruction nor the withdrawal of water reduces the base flow, in a district drain that has a navigable stream history, below the minimum base flow which the state of Wisconsin department of natural resources has established for that district drain under s. 88.31, Stats..

ATCP 48.44 Note Note: A “formally established” grade profile is a grade profile established by court order, or by the county drainage board under s. ATCP 48.20 or 48.21. A violation of par. (c) “materially defeats the purposes of drainage” within the meaning of s. 88.93, Stats.

ATCP 48.44(2)(e) (e) The withdrawal does not injure any district drain, or make any district drain more susceptible to injury. Injury to a district drain includes, for purposes of this paragraph, any of the following:

ATCP 48.44(2)(e)1. 1. Damage to any structure in a district drain.

ATCP 48.44(2)(e)2. 2. The deposition of excavated materials in a district drain.

ATCP 48.44(2)(e)3. 3. The weakening, undercutting or accelerated erosion of any side bank in a district drain.

ATCP 48.44(3) (3) Drainage board may review. A county drainage board may do any of the following:

ATCP 48.44(3)(a) (a) Require a landowner to provide information showing that the landowner’s withdrawal of water complies with sub. (2).

ATCP 48.44(3)(b) (b) Prohibit a landowner from withdrawing water under sub. (2) if the drainage board reasonably concludes that the withdrawal violates this chapter. The drainage board shall document, in writing, the basis for its conclusion.

ATCP 48.44 History History: Cr. Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.45 ATCP 48.45 Landowner rights.

ATCP 48.45(1) (1) Action to enforce compliance.

ATCP 48.45(1)(a) (a) An owner of land in a drainage district may file a written petition with the county drainage board asking the county drainage board to do any of the following:

ATCP 48.45(1)(a)1. 1. Restore, repair, maintain or, if necessary, modify a district drain in order to conform the drain to the cross-section, alignment or grade profile formally established for that drain.

ATCP 48.45 Note Note: Drain specifications are formally established by court order, or by drainage board action under s. ATCP 48.20 or 48.21. Deviations from formally established specifications may effectively deprive landowners of drainage to which they are legally entitled.

ATCP 48.45(1)(a)2. 2. Remove an obstruction placed in a district drain in violation of this chapter or ch. 88, Stats.

ATCP 48.45(1)(a)3. 3. Correct a violation of this chapter or ch. 88, Stats.

ATCP 48.45(1)(b) (b) A petition under par. (a) shall identify the grounds for the petition and the action requested of the county drainage board. A county drainage board may require the petitioner to provide further information which is reasonably necessary in order for the board to properly evaluate the petition.

ATCP 48.45(1)(c) (c) Within 60 days after a landowner files a complete petition with the county drainage board, the county drainage board shall provide the landowner with a written response that does all of the following:

ATCP 48.45(1)(c)1. 1. Describes and explains the action, if any, which the county drainage board will take in response to the petition.

ATCP 48.45(1)(c)2. 2. Explains the county drainage board’s refusal to take action on the petition, if the county drainage board refuses to take action.

ATCP 48.45(1)(d) (d) A petitioner under par. (a) may, after receiving a county drainage board’s response under par. (c), file a written petition with the department alleging that a county drainage board has violated this chapter or ch. 88, Stats. The department may conduct an investigation to determine whether the county drainage board has violated this chapter or ch. 88, Stats. If the department finds that a county drainage board has violated this chapter or ch. 88, Stats., the department shall issue an order under s. ATCP 48.52 which directs the county drainage board to correct the violation.

ATCP 48.45 Note Note: The remedies provided to a landowner under sub. (1) are in addition to any other legal remedies which may be available to the landowner. A landowner is not required to pursue any of the remedies under sub. (1) before pursuing other legal remedies. A landowner may challenge a county drainage board action that violates this chapter or ch. 88, Stats., even if the department has approved that action. (In some cases, the department may not be aware of facts constituting a violation when it approves a county drainage board action.)

ATCP 48.45(2) (2) Land ownership change. A change of ownership does not relieve or deprive a succeeding landowner of rights or responsibilities that run with the land under ch. 88, Stats., or this chapter.

ATCP 48.45 History History: Cr. Register, August, 1999, No. 524, eff. 9-1-99.

subch. VII of ch. ATCP 48 Subchapter VII — Drainage District Records and Financial Management

ATCP 48.46 ATCP 48.46 Records required.

ATCP 48.46(1) (1) Orders. A county drainage board secretary and the county zoning administrator shall maintain in perpetuity a copy of every order of the circuit court or the county drainage board that does any of the following:

ATCP 48.46(1)(a) (a) Creates, modifies, suspends or dissolves a drainage district. The record shall include maps or descriptions showing the district boundaries affected by the order.

ATCP 48.46(1)(b) (b) Approves the construction, enlargement, extension or modification of a district drain. The record shall include any information describing cross-sections, grade profiles and alignments of drains affected by the order.

ATCP 48.46(1)(c) (c) Confirms or orders an assessment, supplemental assessment or reassessment of benefits, damages or costs to landowners in a drainage district.

ATCP 48.46 Note Note: Under s. 88.19 (4) to (7), Stats., the department may determine the records required to be preserved regarding drainage districts.

ATCP 48.46(1)(d) (d) Formally establishes any drainage district specifications under s. ATCP 48.20 or 48.21.

ATCP 48.46(2) (2) Drainage district specifications. A county drainage board shall have on file, at all times, drainage district specifications established by court order, or by the county drainage board under s. ATCP 48.20 or 48.21. Specifications shall include all existing specifications designating any of the following:

ATCP 48.46(2)(a) (a) Drainage district boundaries, district drains and district corridors.

ATCP 48.46(2)(b) (b) Cross-sections, alignments and grade profiles of district drains.

ATCP 48.46(4) (4) Reports. A county drainage board secretary shall keep, for at least 10 years, a copy of every inspection report filed with the department under subchapter III, and every annual report filed with the county zoning administrator under s. 88.24, Stats. A county zoning administrator shall keep, for at least 10 years, a copy of every annual report filed under s. 88.24, Stats.

ATCP 48.46(5) (5) Minutes of meetings. A county drainage board secretary shall prepare minutes of the following meetings, and shall keep those minutes for at least 10 years:

ATCP 48.46(5)(a) (a) Every meeting of the county drainage board.

ATCP 48.46(5)(b) (b) Every meeting of district landowners held under the auspices of the county drainage board.

ATCP 48.46 Note Note: Under county law or policy, a county drainage board may be required to retain the minutes of meetings for more than 10 years.

ATCP 48.46(6) (6) Construction and restoration records. A county drainage board secretary shall keep a copy of every request for approval filed with the department under s. ATCP 48.36, and every approval or disapproval issued by the department under s. ATCP 48.38. Records under this subsection pertaining to each drainage district shall be retained for at least the life of that drainage district.

ATCP 48.46 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (b), cr. (1) (d), r. and recr. (2), r. (3), Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.48 ATCP 48.48 Care and inspection of records.

ATCP 48.48(1) (1) Records organized and accessible. Records required under s. ATCP 48.46 shall be organized by drainage district, and shall be readily accessible for inspection.

ATCP 48.48(2) (2) Destruction of records; notice. A county drainage board shall notify the department and the state historical society in writing at least 60 days before the county drainage board destroys any record identified under s. ATCP 48.46. The department or the state historical society may take custody of any records proposed for destruction.

ATCP 48.48 Note Note: See s. 88.19 (4) (d), Stats.

ATCP 48.48(3) (3) Department may inspect records and obtain copies. The department may inspect and copy any drainage district record kept by a county drainage board, or by any person in this state, including any record required under s. ATCP 48.46. A county drainage board shall, at the department’s request, allow the department to copy any drainage record kept by a county drainage board, including any record kept under s. ATCP 48.46. The department shall retain a copy of any record obtained under this subsection and shall deliver a copy to the county zoning administrator.

ATCP 48.48 Note Note: See s. 88.19 (5), Stats.

ATCP 48.48(4) (4) Filing records with department and county zoning administrator. The secretary of the county drainage board shall provide a copy of drainage board records under s. ATCP 48.46 (1) to (4) that are created after July 1, 1995 to the department and the county zoning administrator.

ATCP 48.48 Note Note: See s. 88.19 (5) to (7), Stats.

ATCP 48.48 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

subch. VIII of ch. ATCP 48 Subchapter VIII — Enforcement and Variances

Subch. VIII of ch. ATCP 48 Note Note: In addition to any other remedy specified under this chapter, the department may bring an action to recover a civil forfeiture under s. 88.11 (8), Stats., from any person who violates this chapter.

ATCP 48.49 ATCP 48.49 Financial management.

ATCP 48.49(1) (1) County treasurer.

ATCP 48.49(1)(a) (a) Except as provided in sub. (2), the county treasurer shall serve as the county drainage board treasurer pursuant to s. 88.18, Stats. The county treasurer shall comply with applicable requirements under ch. 88, Stats., and this chapter.

ATCP 48.49(1)(b) (b) If the county treasurer serves as the county drainage board treasurer, the county treasurer may retain for the benefit of the county a portion of the interest received on drainage district funds held by the county treasurer, to cover county costs identified under s. 88.18 (1), Stats. The county treasurer may not retain an amount that exceeds the amount authorized under s. 88.18 (1), Stats.

ATCP 48.49 Note Note: Section 88.18 (1), Stats., authorizes the county treasurer to deduct the following county costs from the interest received on drainage district funds:

ATCP 48.49 Note The county treasurer’s cost to provide services to the county drainage board.

ATCP 48.49 Note The county zoning administrator’s cost to maintain and provide copies of drainage board records under s. 88.19, Stats.

ATCP 48.49(2) (2) Appointed treasurer.

ATCP 48.49(2)(a) (a) A county drainage board may appoint its own treasurer, pursuant to s. 88.18 (3), Stats. The appointed county drainage board treasurer shall act as the deputy of the county treasurer. The county drainage board may assign any or all of the county treasurer’s duties under this section to the appointed county drainage board treasurer. The appointed treasurer shall comply with applicable requirements under ch. 88, Stats., and this chapter.

ATCP 48.49(2)(b) (b) If the county drainage board appoints its own treasurer under par. (a), the county drainage board shall:

ATCP 48.49(2)(b)1. 1. Specify the treasurer’s compensation in writing. Compensation shall include reimbursement of the treasurer’s actual and reasonable expenses, as provided in s. 88.18 (3), Stats.

ATCP 48.49(2)(b)2. 2. Require the treasurer to file a bond as provided in s. 88.18 (3), Stats.

ATCP 48.49(2)(c) (c) If the county drainage board appoints its own treasurer under par. (a), the county drainage board shall enter into a written agreement with the appointed treasurer and the county treasurer. The agreement shall do all the following:

ATCP 48.49(2)(c)1. 1. Identify the duties under this section that the county drainage board has assigned to the appointed treasurer.

ATCP 48.49(2)(c)2. 2. Identify the duties under this section, if any, that remain with the county treasurer.

ATCP 48.49(3) (3) County drainage board accounts. The county drainage board treasurer shall keep county drainage board accounts. The treasurer shall keep a separate account for each drainage district as required by s. 88.18 (2), Stats.

ATCP 48.49(4) (4) Deposits. The county drainage board treasurer shall deposit, to the appropriate account under sub. (3), all funds received on behalf of the county drainage board or any drainage district. A person who receives funds on behalf of the county drainage board or any drainage district shall promptly deposit those funds with the county drainage board treasurer.

ATCP 48.49(5) (5) Expenditures.

ATCP 48.49(5)(a) (a) No person may make any expenditure from a county drainage board account under sub. (3) unless the county drainage board treasurer signs the draft or specifically approves the expenditure in writing.

ATCP 48.49(5)(b) (b) Except as provided in sub. (1) (b), the county drainage board treasurer may not approve any expenditure under par. (a) unless the county drainage board also approves that expenditure in writing.

ATCP 48.49(6) (6) Accounting records. A county drainage board treasurer shall keep complete and accurate accounting records, and supporting documentation, for county drainage board accounts under sub. (3). Records shall include all the following:

ATCP 48.49(6)(a) (a) Records of all receipts and deposits. Records shall identify the nature, source and amount of each receipt and deposit.

ATCP 48.49(6)(b) (b) Records of all expenditure authorizations and expenditures. Records shall identify the purpose, recipient and amount of each expenditure.

ATCP 48.49(6)(c) (c) Current account balances.

ATCP 48.49(6)(d) (d) Monthly and annual reports summarizing revenues and expenditures during the reporting period, and account balances at the beginning and end of the reporting period.

ATCP 48.49(6)(e) (e) A copy of every grant contract under s. ATCP 48.60 (5).

ATCP 48.49(7) (7) Records kept as public records. The county drainage board treasurer shall do all the following:

ATCP 48.49(7)(a) (a) Keep the records under sub. (6) as county public records. Except as provided in ch. 88, Stats., or this chapter, the county drainage board treasurer shall treat the records as the county treasurer would treat comparable county accounting records for retention and disposal purposes.

ATCP 48.49(7)(b) (b) Keep the records under sub. (6) in the office of the county treasurer, or in another place that the county treasurer approves in writing.

ATCP 48.49(7)(c) (c) Make the records under sub. (6) available for public inspection and copying, as provided in subch. II of chapter 19, Stats.

ATCP 48.49(8) (8) Control and audit. The county drainage board treasurer shall do all the following:

ATCP 48.49(8)(a) (a) Exercise sound fiscal control over funds received, to prevent misappropriation or misdirection of funds.

ATCP 48.49(8)(b) (b) Account for all funds received and expended.

ATCP 48.49(8)(c) (c) File periodic accountings with the county drainage board, as requested by the board.

ATCP 48.49(8)(d) (d) Make records and accounts available, upon request, for audit by the state of Wisconsin, the county drainage board or the county.