AB246: Bill Text

AB246,12,11 2. Place any obstruction in the corridor that interferes with the board's ability to accomplish a purpose under sub. (3).

AB246,12,13 (b) A person who violates par. (a) may not recover damages with regard to any damage to crops or obstructions caused by actions taken by the board under sub. (3).

AB246,12,17 (c) Paragraph (a) does not require a landowner to remove any building or fixture constructed or installed in a corridor prior to September 1, 1999, or any structure that does not interfere with the board's maintenance of a drain and that was placed in the corridor for the purpose of providing drainage.

AB246,12,20 (6) No city, village, town, or county may by ordinance, resolution, or any other means restrict, or impose other conditions related to, the board's maintenance of district corridors or ditches unless specifically required by federal law.

AB246,18 Section 18. 88.785 of the statutes is created to read:

AB246,13,2 88.785 Certain annexations prohibited. (1) Notwithstanding ss. 88.34, 88.77, and 88.78, no lands that are within the corporate limits of a city, a village, or, if the town has a permit for storm water management under s. 283.33, a town may be included in a newly organized drainage district or annexed to a drainage district unless the governing body of the city, village, or town adopts a resolution approving the inclusion or annexation.

AB246,13,5 (2) Notwithstanding ss. 88.77 and 88.78, no lands that are located in a county in which no portion of the drainage district is located may be annexed to a drainage district.

AB246,19 Section 19. 88.817 of the statutes is created to read:

AB246,13,8 88.817 Leola drainage district. (1) Notwithstanding s. 88.815, the Leola drainage district located in Adams, Portage, and Waushara counties is reinstated.

AB246,13,14 (2) The drainage board with jurisdiction of the Leola drainage district may not levy any assessment. This subsection does not apply if the owners of land representing, as calculated on the effective date of this subsection .... [LRB inserts date], 67 percent or more of the confirmed benefits in the district, excluding benefits received by land owned by this state, file with the court having jurisdiction on the matter a petition for the reinstatement of assessment authority of the district.

AB246,20 Section 20. 88.83 (title) of the statutes is amended to read:

AB246,13,16 88.83 (title) Transfer of district to city or village municipal jurisdiction.

AB246,21 Section 21. 88.83 (1) of the statutes is renumbered 88.83 (1g) and amended to read:

AB246,13,24 88.83 (1g) The owners of a majority of the land proposed to be transferred in any a drainage district located entirely or partially within the corporate limits of a city or village municipality may petition the drainage board having jurisdiction of the district to transfer jurisdiction thereof to the city or village of the part of the district proposed to be transferred that is located within the municipality to the municipality.

AB246,22 Section 22. 88.83 (1c) of the statutes is created to read:

AB246,14,1 88.83 (1c) In this section, “municipality" means a city, village, or town.

AB246,23 Section 23. 88.83 (1m) of the statutes is repealed.

AB246,24 Section 24. 88.83 (1r) of the statutes is repealed.

AB246,25 Section 25. 88.83 (2m) of the statutes is created to read:

AB246,14,8 88.83 (2m) If the proposed transfer of jurisdiction is of less than the entire district, jurisdiction of the part of the drainage district may not be transferred to a municipality unless the municipality to which jurisdiction will be transferred and the district have entered into an agreement that includes all of the following:

AB246,14,12 (a) The municipality and district agree that the goal of the agreement is to outline the duties and responsibilities of the respective parties to maintain the drain system as provided in the plans and specification for the drain system approved by the department of agriculture, trade and consumer protection.

AB246,14,15 (b) The agreement specifies any monetary obligations of the municipality or district under the agreement and the manner by which any monetary obligation under the agreement will be calculated.

AB246,14,18 (c) The municipality agrees to ensure access to, and maintenance of, any corridor established under s. 88.74 (1) that is located on land transferred under this section consistent with the requirements of s. 88.74.

AB246,14,21 (d) The municipality agrees, upon order by the drainage district from which jurisdiction was transferred, to maintain and repair any part of a former district drain located in land transferred under this section.

AB246,14,24 (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:

AB246,15,3 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.

AB246,15,10 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.

AB246,15,13 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.

AB246,15,16 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.

AB246,26 Section 26. 88.83 (3) of the statutes is amended to read:

AB246,16,7 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.

AB246,27 Section 27. 88.83 (4) of the statutes is amended to read:

AB246,17,8 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.

AB246,28 Section 28. 88.83 (5) of the statutes is amended to read:

AB246,17,20 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.

AB246,29 Section 29. 281.36 (3b) (b) of the statutes is amended to read:

AB246,18,4 281.36 (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). 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.

AB246,30 Section 30. 281.36 (3m) (a) of the statutes is amended to read:

AB246,18,15 281.36 (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). 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).

AB246,31 Section 31. 281.36 (4m) of the statutes is created to read:

AB246,18,21 281.36 (4m) 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.

AB246,18,23 (b) The department shall waive any water quality certification requested under 33 USC 1341 (a) for a discharge described under par. (a).

AB246,32 Section 32. 281.36 (6) (a) (intro.) of the statutes is amended to read:

AB246,19,3 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and implement the provisions under subs. (4), (4m), and (5). In promulgating these rules, the department shall do all of the following:

AB246,33 Section 33. 281.36 (9) (a) (intro.) of the statutes is amended to read:

AB246,19,10 281.36 (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 (4m) 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:

AB246,34 Section 34. Initial applicability.

AB246,19,14 (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.

AB246,19,17 (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.

AB246,19,19 (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.

AB246,19,20 (End)