ATCP 48.01(22) (22) “Restoration costs” means costs incurred for the restoration of a district drain.

ATCP 48.01(23) (23) “Stable” means resistant to erosion or deformation.

ATCP 48.01(24) (24) “Ten-year peak discharge” or “10-year peak discharge” means the maximum flow of water resulting from a 10-year 24-hour rainfall event.

ATCP 48.01(25) (25) “Wetlands” has the meaning given in s. 23.32, Stats.

ATCP 48.01(26) (26) “Woody vegetation” means plants that contain substantial amounts of secondary xylem. “Woody vegetation” includes shrubs and trees but does not include herbs.

ATCP 48.01 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. (5) and (16), cr. (6m), (13m), (13r), (14m), (26), r. and recr. (9) to (11) and (13), am. (21), Register, August, 1999, No. 524, eff. 9-1-99.

subch. II of ch. ATCP 48 Subchapter II — Assessing Drainage District Costs and Benefits

ATCP 48.02 ATCP 48.02 Assessing costs against lands in a drainage district.

ATCP 48.02(1) (1) General. Pursuant to ch. 88, Stats., and this chapter, a county drainage board may, after public hearing, issue an order levying cost assessments against land in a drainage district to cover costs lawfully incurred by the drainage district, including construction, maintenance, restoration, legal and operating costs.

ATCP 48.02 Note Note: See, e.g., ss. 88.23, 88.35, 88.45, 88.63, 88.70, 88.71, 88.72 and 88.78, Stats.

ATCP 48.02(2) (2) Construction cost assessments; limitations.

ATCP 48.02(2)(a) (a) A county drainage board may not levy cost assessments to construct a new drainage district if the construction cost for that new district will exceed 75% of the total assessed benefits accruing to district landowners from the construction of that new district.

ATCP 48.02 Note Note: See s. 88.36 (6), Stats. Benefits are assessed to landowners according to s. ATCP 48.06.

ATCP 48.02(2)(b) (b) A county drainage board may not levy cost assessments to construct enlarged or supplemental drains unless the drainage board finds that the benefits from the enlarged or supplemental drains will exceed the cost of construction.

ATCP 48.02 Note Note: See s. 88.71 (1m), Stats. Benefits to landowners are assessed according to s. ATCP 48.06.

ATCP 48.02(2)(c) (c) A county drainage board may not, without obtaining the landowner’s consent and sufficient security under s. 88.23 (3), Stats., levy a construction cost assessment against any parcel of land if the amount of the assessment, when added to construction cost assessments previously assessed to that parcel of land, exceeds the last confirmed assessment of benefits for that parcel of land. This paragraph does not limit the assessment of maintenance, restoration or operating costs.

ATCP 48.02 Note Note: See ss. 88.23 (3) and 88.63, Stats. See definitions of “construction costs,” “maintenance costs,” “operating costs,” and “restoration costs” under s. ATCP 48.01 (4), (14), (17) and (22).

ATCP 48.02(3) (3) Allocating cost assessments. Except as provided under sub. (4), a county drainage board shall allocate cost assessments among all of the parcels of land in a drainage district in proportion to the last confirmed assessment of benefits for each parcel. A county drainage board, when levying cost assessments, may allow a reasonable credit to a landowner who provides maintenance services or other “in kind” payments to the drainage district.

ATCP 48.02 Note Note: A county drainage board assesses benefits to land parcels in a drainage district according to s. ATCP 48.06, and allocates cost assessments on the basis of those benefit assessments.

ATCP 48.02(4) (4) Construction costs caused by individual landowner.

ATCP 48.02(4)(a) (a) Except as provided under par. (c), a county drainage board may assess, to a specified parcel of land in a drainage district, the full amount of any construction costs incurred by the drainage district as a direct result of any of the following:

ATCP 48.02(4)(a)1. 1. A request by the landowner for drainage improvements that are solely of benefit to that land.

ATCP 48.02 Note Note: Under s. 88.70, Stats., landowners who seek additional drainage for part of a drainage district may also petition the county drainage board to create a subdistrict for that purpose. The county drainage board may create a subdistrict, and may levy additional assessments against lands in the subdistrict to cover the costs of providing additional drainage for that subdistrict.

ATCP 48.02(4)(a)2. 2. A land use change or other action by the landowner that alters the flow of water into or from a district drain.

ATCP 48.02(4)(a)3. 3. A land use change or other action by the landowner that increases soil erosion or the movement of suspended solids to a district drain.

ATCP 48.02(4)(a)4. 4. A failure by the landowner to maintain a private drain on that land in compliance with s. ATCP 48.30 (5).

ATCP 48.02(4)(a)5. 5. A failure by the landowner to implement necessary erosion control practices on that land, as required by the county drainage board under s. ATCP 48.30 (6).

ATCP 48.02(4)(a)6. 6. The landowner’s extension of a private drain from the assessed land to land outside the district.

ATCP 48.02 Note Note: If a private drain is extended or modified without approval, the county drainage board may also issue an order against the offending landowner or initiate an action for damages under s. 88.92, Stats. Alternatively, a county drainage board may annex the newly drained land under s. 88.78, Stats., and may assess the newly drained land according to s. 88.405, Stat.