reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.14 - Operation and maintenance.

87.14
Operation and maintenance.
The flood control board is authorized to sell, lease, or lease with power to purchase, any reservoir proposed to be constructed, in the process of construction or completed, to a duly organized river improvement company as defined by s. 182.016, on such terms and conditions as are approved by the department of natural resources as hereinafter provided. Unless so leased or sold it shall be the duty of the flood control board to maintain and operate said improvement. The cost of operation and maintenance during the period intervening between the completion of said improvement and the date when funds provided under this section become available shall be paid from the funds provided for maintenance pursuant to the estimate made by the department as provided in s. 87.07 (3). Prior to the first day of November in each year the flood control board shall certify to the clerk of each town, village and city in which lands to be benefited by the improvement are located an estimated budget, detailed as far as practicable, of the cost of operation and maintenance of said improvement for the succeeding calendar year, together with the amount due upon any judgments outstanding against the board, except those judgments from which the board has appealed or intends to appeal, and shall certify at the same time the portion of such cost to be borne by each such town, village and city. This shall be determined in the same manner and according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon become the duty of each such town, village and city to include in its next succeeding tax levy the amount so certified and to forward such amount, on or before March 15 following, to the flood control board.
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.15 - Repairs, replacements and extensions; procedure.

87.15
Repairs, replacements and extensions; procedure.
Whenever the flood control board shall determine and certify that repairs or replacements are necessary to such an extent as to amount to a partial reconstruction of the improvement rather than ordinary maintenance, or whenever said board shall determine that material additions, extensions or betterments to said improvement are necessary, the board shall file a petition with the department setting forth the necessity for such repairs, replacements, additions, extensions or betterments, and thereupon the department shall proceed to make the same determinations and certifications as in the case of an original petition for the construction of the improvement, except that the enumeration of lands or other property benefited and of the political subdivisions included within the drainage area shall be the same as in the original order for the construction of the improvement, unless the department shall affirmatively find that changes in such enumeration are necessary because of errors in the original findings.
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.16 - Court proceedings given preference.

87.16
Court proceedings given preference.
Any action brought in any court for the purpose of enjoining, preventing or interfering with the construction, repairing, reconstruction, operation or maintenance of the improvement ordered by the department, or any part thereof, except actions to review the orders of the department under ss. 87.01 to 87.17, shall be given preference in the circuit court. An appeal shall be given preference.
History:  1977 c. 187, 449; 1983 a. 219.
Judicial Council Note, 1983: This section is amended by repealing the appeal deadline of 30 days from entry of the order or judgment for greater uniformity. An appeal must be initiated within the time specified in s. 808.04 (1), stats. The provisions requiring preferential court treatment are harmonized and standardized with similar provisions in the statutes. [Bill 151-S]
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.17 - Trespass, penalty.

87.17
Trespass, penalty.
Any person who shall willfully, maliciously or wantonly destroy, injure, remove, meddle or tamper with any portion of the improvements constructed pursuant to ss. 87.01 to 87.17, whether during construction or after completion of the same, or shall willfully, maliciously or wantonly obstruct, interfere with or hamper the flood control board or any of its assistants, agents, servants or employees, or any contractor employed by it in the work of constructing, repairing, reconstructing, operating or maintaining the same, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding $1,000, or both.
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.18 - Lease, sale and lease with option to purchase the project.

87.18
Lease, sale and lease with option to purchase the project.
Whenever the flood control project consists of a storage reservoir and authority to create, operate and maintain a reservoir on the river affected by such storage reservoir is vested in a duly organized river improvement company as defined by s. 182.016, and the petitioners file with the department of natural resources a petition and a proposed contract with such improvement company for a lease, sale, or lease with option to purchase said reservoir, and the department finds the terms and conditions of such contract are sufficient to assure the payment of the amount the board will be obligated to pay for the cost of the reservoir and the maintenance and operation of the same, and the project will secure effective flood control and promotion of the public welfare, then notices, proceedings and assessments provided by ss. 87.04 to 87.12 are not required. The department, however, shall make findings as required by s. 87.05 and shall order that the flood control board be appointed and shall so certify to the governor as provided by s. 87.12. The governor shall thereupon appoint the board as provided in said s. 87.12. The proposed contract filed with the department by petitioners for the sale, lease, or lease with option to purchase said reservoir property shall not be binding upon the board so appointed unless the board approves such contract. Upon approval the board shall so report to the department and file with it a final contract executed by the board and lessee or purchaser. The department has authority to approve or disapprove such contract. If the department approves such contract, then it shall be final and the department shall thereupon order the board to proceed with the work. When such reservoir property is sold and the purchase price has been fully paid and any indebtedness assumed by the purchaser has been paid and discharged, including the fees and expenses of the board, and the department so finds, the said board shall thereupon be dissolved by order of the department.
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.304 - Regulation of historic property in floodplains.

87.304
Regulation of historic property in floodplains.
(1)
Definitions. In this section:
(a)
“Historic property" means any building, structure or object that is any of the following:
1.
Individually listed on the national register of historic places in Wisconsin or the state register of historic places.
2.
Included in a district which is listed on the national register of historic places in Wisconsin and has been determined by the state historical society to contribute to the historic significance of the district.
3.
Individually listed on the list of locally designated historic places under s. 44.45.
(b)
“National register of historic places in Wisconsin" has the meaning given in s. 44.31 (5).
(2)
Treatment of historic property.
(a)
The department shall by rule promulgate procedures for use by cities, villages and counties in doing all of the following:
1.
Issuing variances to floodplain zoning ordinances that will be consistent with 44 CFR 60.6 but that will allow repair or rehabilitation of historic properties in floodplains to the maximum extent feasible.
2.
Providing sufficient measures for public safety and protection for property in floodplains.
(b)
The rules promulgated under par. (a) may include different procedures for floodway and flood-fringe areas.
History:  1991 a. 39; 2007 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 87 - Flood control. › 87.305 - Use of certain facilities on St. Feriole island.

87.305
Use of certain facilities on St. Feriole island.
(1)
Department approval. Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 97.01 (7), if all of the following conditions are met:
(a)
The department approves the developer's plans and specifications for floodproofing the railroad depot and the Dousman hotel.
(b)
The department approves the city of Prairie du Chien's flood warning system and emergency evacuation plan and the city of Prairie du Chien agrees to test the evacuation plan at least once each year.
(c)
The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency management and the state historical society of its intention to authorize connection of sewer service and a water system to the railroad depot and the Dousman hotel and occupancy of the hotel and either:
1.
Those agencies do not object within 30 days after receiving a copy of the notice; or
2.
Any objections of those agencies are resolved in negotiations between those agencies, the city of Prairie du Chien and the developer.
(d)
The state historic preservation officer reviews the developer's plans for preservation or rehabilitation of the Dousman hotel and certifies that the preservation or rehabilitation will be consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47 (c) (2).
(2)
Revocation of approval. The department may revoke the approval granted under sub. (1) if any of the following occur:
(a)
A floodproofing and flood warning system are not constructed substantially as designed in the plans and specifications approved by the department under sub. (1) (a).
(b)
The owner or operator of the railroad depot and the Dousman hotel fails to maintain the floodproofing system substantially as designed in the plans and specifications approved by the department under sub. (1) (a).
(c)
The city of Prairie du Chien fails to maintain the flood warning system and to test the emergency evacuation plan at least once each year.
(d)
The state historic preservation officer determines that the preservation or rehabilitation of the Dousman hotel is not consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 47 (c) (2).
History:  1987 a. 282; 1993 a. 27; 1995 a. 27, 247, 378; 1997 a. 252; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.01 - Definitions.

88.01
Definitions.
In this chapter, unless the context requires otherwise:
(1)
“Benefits" includes all pecuniary advantages accruing to lands from the construction of the drain or proposed drain.
(2)
“Board" or “drainage board" means the board created and appointed under s. 88.16, 1991 stats., or under s. 88.17.
(2m)
“Bond" means any bond, note or other obligation of a drainage board issued under this chapter, including any refunding bond.
(3)
“Clerk of court" means the clerk of circuit court.
(4)
“Cost of construction" includes damages to lands both within and outside the district, reasonable attorney fees for petitioners and the board, and all other reasonable and necessary expenses incurred in the organization of and in the construction and completion of the works of a drainage district.
(5)
“County treasurer" means the treasurer of the county in which the drainage board having jurisdiction of the drainage district is located.
(6)
“Court" means the circuit court of the county in which the drainage district is located or the circuit court having jurisdiction of the proceedings in any drainage district located in more than one county.
(7)
“District" means any drainage district subject to this chapter.
(8)
“Drain" means any device for the drainage of water from land or the protection of land from water, including open ditches, tiles, pipelines, pumps and levees.
(8m)
“Duck Creek Drainage District" has the meaning given in s. 30.01 (1nm).
(9)
“Interested person" includes the state or any agency or subdivision thereof.
(10)
“Judge" means the judge of the circuit court having jurisdiction of the proceedings of any drainage district, or the person sitting for the judge.
(11)
“Land" or “lands" means any real property or interest therein, whether privately or publicly owned, including railroad rights-of-way, public highways, streets and alleys.
(12)
“Mortgagee" means every person holding a mortgage or an assignment of a mortgage against lands within a drainage district or proposed drainage district whose name and post-office address is known to the board or whose mortgage or assignment is legally recorded and contains the post-office address of such mortgagee or assignee.
History:  1977 c. 449 ss. 193 to 195, 497; 1983 a. 189; 1989 a. 31; 1993 a. 456, 490; 1999 a. 9; 2005 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.02 - Outstanding securities and contracts not affected.

88.02
Outstanding securities and contracts not affected.
Nothing in this chapter may render more difficult the collection of outstanding bonds or notes of any drainage organization or impair the obligation of any contract made by the organization or defeat any vested property right of the organization. No assessment of supplemental benefits nor any reassessment of benefits may disturb any previous assessment for the cost of construction while bonds or notes based on the construction are unpaid. Assessments shall remain liens upon the same lands and claims against the same corporations in the same amounts as when first assessed and recorded, until the bonds and notes based on the construction are paid or refunded.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.03 - Drainage proceedings equitable in nature.

88.03
Drainage proceedings equitable in nature.
All court proceedings under this chapter are equitable in nature. The court may in any proceeding bring in new parties as if they were original parties to the proceeding.
History:  1977 c. 449; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.032 - Amendment of documents.

88.032
Amendment of documents.
(1)
Any document or paper filed or entered in a proceeding before the court may at any time be amended, modified or corrected by the court as the facts warrant and upon such notice as the court orders.
(2)
Any document or paper filed or entered in a proceeding before the drainage board may at any time be amended, modified or corrected by the drainage board as the facts warrant and upon such notice as the drainage board orders, except that no amendment, modification or correction of any assessment may be made after the issuance of money obligations based on the assessment if the result of the amendment, modification or correction would be to render the obligations more difficult to collect.
History:  1993 a. 456 ss. 10, 11.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.04 - General rules relating to signatures on petitions.

88.04
General rules relating to signatures on petitions.
(1)
Any person entitled to sign a petition to the court or the drainage board under this chapter may sign through an agent. The authority of the agent shall be in writing and shall be filed with the drainage board but need not be acknowledged, sealed or witnessed.
(2)
If any minor or individual adjudicated incompetent owns land in a drainage district or proposed drainage district or proposed annex to a drainage district, the guardian or next of kin of the minor or individual may sign petitions under this chapter for and on behalf of the minor or incompetent.
History:  1991 a. 316; 1993 a. 456; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.06 - General procedure for obtaining consent or approval of the court in drainage proceedings.

88.06
General procedure for obtaining consent or approval of the court in drainage proceedings.
Whenever any action by the drainage board requires the consent or approval of the court and no other procedure is expressly provided, the procedure in this section applies:
(1)
The board shall file with the clerk of court a petition asking the court's consent to or approval of the particular action that the board proposes to take.
(2)
Upon receipt of the petition the court shall fix the time and place of the hearing on the petition and shall order the board to give notice of the hearing as provided in s. 88.05 (1) (b) to the persons specified in s. 88.05 (4) (b).
(3)
At the hearing any interested person may appear and testify either for or against the petition, subject to the requirements of s. 88.07 (1). If the court is satisfied that the board's proposed action will be in the best interests of the districts involved, it shall grant the petition and approve the report, subject to the changes and conditions that it considers advisable. Otherwise, the court shall dismiss the petition.
(4)
If a petition, which is basically the same in substance as a petition which has been decided or dismissed, is filed within 3 years after the dismissal, the court may refuse to order a hearing on the petition or to take any other action with respect to it.
History:  1977 c. 135 s. 19; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.065 - General procedure for drainage board hearings.

88.065
General procedure for drainage board hearings.
If this chapter requires the drainage board to conduct a hearing before issuing an order and no other procedure is expressly provided, the following procedure applies:
(1)
Upon receipt of the petition, the drainage board shall fix a time and place of hearing on the petition and shall give notice of the hearing as provided in s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b).
(2)
At the hearing, any interested person may appear and testify either for or against the petition or object to the report assessing costs. If the drainage board is satisfied that the proposed action will be in the best interests of the districts involved, the board shall grant the petition and issue the order, subject to the changes and conditions that the board considers advisable. Otherwise, the drainage board shall dismiss the petition.
(3)
If a petition, which is basically the same in substance as a petition which has been decided or dismissed, is filed within 3 years after the dismissal, the drainage board may refuse to order a hearing on the petition or to take any other action with respect to the petition.
(4)
Except as provided in sub. (5), all meetings of the drainage board are subject to subch. V of ch. 19.
(5)
(a)
A gathering of drainage board members solely for one or more of the following purposes is not a meeting, as defined in s. 19.82 (2):
1.
Observing, supervising or undertaking the construction, maintenance or improvement of drains.
2.
Observing, supervising or undertaking the construction or maintenance of highways, railroads, bridges, utilities or other similar structures that may affect drains in any drainage district.
3.
Collecting information by observation, survey or measurement or by discussions with an affected landowner at the site of a drainage ditch or a proposed drainage ditch.
4.
Responding to natural disasters affecting a drain.
(b)
Any action taken by a drainage board under par. (a) shall be reported by the board's secretary at the next meeting of the drainage board for inclusion in the board's minutes.
(c)
A drainage board may not take any action at a gathering under par. (a) if the action will result in an increase in the assessment against any property in the drainage district.
History:  1993 a. 456.
NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.07 - General rules; drainage proceedings in court.

88.07
General rules; drainage proceedings in court.
(1)
All objections made to the jurisdiction of the court or to the sufficiency or legality of any petition or report shall be in writing. The objections shall be set forth clearly and in detail and shall be filed with the clerk of court before the hearing.
(2)
Several petitions may be filed in any proceeding. At any time before the sufficiency of the signers of the petitions has been adjudicated, additional signers may be added to the petitions with like effect as if they had signed the original petition.
(3)
At any time before but not after the hearing has begun on any petition filed under this chapter, any petitioner may withdraw his or her name from the petition upon filing in court an undertaking with sufficient sureties to be approved by the court. The undertaking shall be conditioned that if the withdrawal of names reduces the number of signers below the number required by the section under which the petition is filed and thereby deprives the court of jurisdiction, the withdrawing petitioner will pay into court the costs of the drainage proceeding incurred prior to and including the making and entry of the order denying the relief requested in the petition and will pay into court the expenses incurred on the petition before his or her withdrawal.
(4)
For satisfactory cause the court may adjourn any hearing for a period of not more than one month at any one adjournment. The adjournment of any meeting or hearing beyond the time, or failure to act within the time, provided in this chapter does not affect the jurisdiction of either the court or the drainage board, but a subsequent hearing shall be had and notice of the time and place thereof shall be given.
(5)
Any hearing under this chapter may be adjourned by the court or presiding judge or, in his or her absence, by the clerk of court.
History:  1977 c. 135, 449; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.08 - Costs in drainage proceedings.

88.08
Costs in drainage proceedings.
(1)
In all proceedings under this chapter involving a petition to the court, the court shall by order tax the taxable costs of the proceeding. If costs are taxed against the drainage board, they shall not go against the board members personally but shall be paid out of the district funds or from funds received from the petitioners unless the court orders otherwise.
(2)
If a petition for organization of a drainage district is dismissed before the appointment of a drainage board in the county, the order taxing costs shall be entered against the petitioners and in favor of any person who advanced moneys, rendered services or incurred other liabilities in prosecuting or contesting such proceedings, for the amount of such moneys, services and incurred liabilities.
(3)
If proceedings are dismissed in any case where a drainage board has been appointed in the county, the order taxing costs shall be entered against the petitioners and in favor of the board for all costs, expenses and liabilities incurred by the board or by any other person in prosecuting or contesting such proceedings and for the benefit of those who have rendered services or advanced or loaned money in prosecuting or contesting such proceedings.
(4)
Before any order taxing costs is entered, a petitioner or the board or a person contesting the proceedings shall file with the clerk of the court a duly verified itemized statement of all costs, attorney fees, and other liabilities incurred in prosecuting or contesting such proceedings, upon which an order shall be issued requiring the petitioners to show cause why an order taxing costs should not be entered against them for the amount of costs, attorneys' fees and other liabilities. Notice of hearing of such order to show cause shall be given to the petitioners as provided in s. 88.05 (3). Such order need not contain an itemized statement of such account, but shall state where such account is filed.
(5)
The petitioners shall, between themselves, contribute to the payment of such costs in proportion to the number of acres of land owned by them within the boundaries of the district or proposed district at the time of filing the petition.
History:  1977 c. 449; 2005 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.09 - Certiorari; drainage board decisions.

88.09
Certiorari; drainage board decisions.
Any person subject to an order or rule of the drainage board may, within 30 days after publication of the order or rule, commence an action seeking the remedy available by certiorari. The court may not stay proceedings involving the order or rule when an action is commenced, but may, on application, on notice to the board and for cause, grant a restraining order. The board is not required to return the original papers acted upon by it, but may return certified or sworn copies of the papers. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as the court directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the order or rule brought up for review.
History:  1977 c. 187 s. 134; 1983 a. 219; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.10 - Guardian ad litem; failure to appoint.

88.10
Guardian ad litem; failure to appoint.
Failure to appoint a guardian ad litem in a proceeding under this chapter is not jurisdictional, but when the failure is discovered a guardian ad litem shall be appointed and an order served upon the guardian ad litem to show cause why the minor or individual adjudicated incompetent should not be bound by all prior proceedings pertaining to the drainage district. On such a hearing the court shall enter such order or judgment as the facts warrant.
History:  1991 a. 316; 1993 a. 456; 1999 a. 83; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.12 - Proceedings when drainage area is in more than one county.

88.12
Proceedings when drainage area is in more than one county.
(1)
If a proposed drainage district lies in more than one county, the petition for organization of the district shall be filed in the court of the county containing the largest acreage proposed for drainage by the petition, and the court of that county has jurisdiction of the organization of the drainage district.
(2)
In cases affecting a multicounty drainage district, copies of all court orders and judgments shall be filed in the court of each of the other counties in which the drainage district is located.
(3)
If a drainage district lies in more than one county, the drainage board of the county containing the largest acreage that is drained or proposed for drainage has jurisdiction of the operation of the drainage district. The drainage board that initially has jurisdiction of the operation of a drainage district retains that jurisdiction even if the drained acreage is subsequently changed, unless the drainage board that initially has jurisdiction agrees with the drainage board of any other county containing land of the drainage district to transfer jurisdiction.
(4)
All moneys collected on behalf of the drainage district in the other counties shall be transmitted to the treasurer of the county in which the drainage board has jurisdiction.
History:  1977 c. 449; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.13 - Right to enter lands of drainage district.

88.13
Right to enter lands of drainage district.
Whenever necessary for any purpose connected with the organization of a district or the construction, maintenance or repair of drains and other works, members of the board, representatives of the department of agriculture, trade and consumer protection, and persons intending to bid on or to whom contracts have been let for the construction of the works within a district or on former district lands transferred under s. 88.83 and their respective agents and employees may go upon any lands proposed for inclusion or included within a district or on adjoining lands or on former district lands transferred under s. 88.83, and are not guilty of trespass therefor but are liable for unnecessary damage caused to crops or structures.
History:  1989 a. 31; 2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.14 - Controversies between districts.

88.14
Controversies between districts.
(1)
If a controversy arises out of the relationship of 2 or more drainage districts that are subject to the jurisdiction of a single drainage board, the board may hold hearings and take whatever other action it considers necessary toward settling the controversy, including the issuance of orders.
(2)
If a controversy arises out of the relationship of 2 or more drainage districts that are subject to the jurisdiction of 2 or more drainage boards, the boards shall attempt to settle the controversy and may hold hearings and take whatever other action they consider necessary to accomplish that objective. If the drainage boards are unable to settle the controversy, the matter shall be submitted to arbitration under ch. 788.
History:  1977 c. 449; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.145 - Limitation of damages and suits.

88.145
Limitation of damages and suits.
In any action against a drainage district, drainage board, drainage board member, drainage board employee or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employees of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37, 19.97 or 281.99.
History:  1993 a. 456; 1995 a. 158; 1997 a. 27.
NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.16 - Notification requirements, engineering study.

88.16
Notification requirements, engineering study.
(1)
If a board takes any action which results in the hiring of an engineer to conduct a study that is related to the operation of a drain, or the district, the board shall send, as soon as possible, written notice of the action to all of the following:
(a)
The governing body of the city, village, or town that has jurisdiction over the area which is subject to the engineering study.
(b)
The governing body of the county that has jurisdiction over the area which is subject to the engineering study.
(c)
The governing body of any city or village that has extraterritorial jurisdiction over the area which is subject to the engineering study.
(2)
As soon as possible after the engineering study is completed, the board shall send written notice to the governing bodies which received notice under sub. (1) informing them of the study's completion and providing them information as to where the study may be reviewed.
(3)
A board's failure to notify under sub. (1) does not invalidate any decision made or action taken by the board.
History:  2007 a. 121.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.161 - Transition for certain drainage districts.

88.161
Transition for certain drainage districts.
A drainage district operating under s. 88.16, 1989 stats., becomes a drainage district under this chapter as a matter of law on June 1, 1993. The records, assessments, funds and indebtedness of such a drainage district become the records, assessments, funds and indebtedness of the drainage district that takes its place. Before June 1, 1993, the circuit court of each county having a drainage district that has elected to operate under s. 88.16, 1989 stats., shall appoint a county drainage board under s. 88.17, if none exists, to take the place of the board of drainage commissioners of a district that elected to operate under s. 88.16, 1989 stats. The terms of office of the members of the new board commence on June 1, 1993.
History:  1991 a. 309.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.172 - Limited liability of drainage board members.

88.172
Limited liability of drainage board members.
(1)
Except as provided in subs. (2) and (3), a drainage board member is not liable to any other person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perform, any duty resulting solely from his or her status as a drainage board member, unless the person asserting liability proves that the breach or failure to perform constitutes any of the following:
(a)
A willful failure to deal fairly with any person in connection with a matter in which the drainage board member has a material conflict of interest.
(b)
A violation of criminal law, unless the drainage board member had reasonable cause to believe that his or her conduct was lawful or no reasonable cause to believe that his or her conduct was unlawful.
(c)
A transaction from which the drainage board member derived an improper personal profit.
(d)
Willful misconduct.
(2)
Except as provided in sub. (3), this section does not apply to any of the following:
(a)
A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.
(b)
A proceeding brought by any person for a violation of state or federal law if the proceeding is brought under an express private right of action created by state or federal statute.
(3)
Subsection (2) does not apply to a proceeding brought by a governmental unit, authority or agency in its capacity as a private party or contractor.
History:  1993 a. 456.
NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.18 - County treasurer to serve as treasurer of drainage districts.

88.18
County treasurer to serve as treasurer of drainage districts.
(1)
The county treasurer shall serve as treasurer of all drainage districts under the jurisdiction of the drainage board. All moneys collected for or payable to any such drainage district shall be turned over to or paid to the county treasurer and shall be paid out by the treasurer only upon proper warrants of the drainage board. 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, not to exceed the cost to the county treasurer of providing services to the drainage board under this chapter, the cost to the zoning administrator of maintaining drainage board records under s. 88.19 and the cost to the zoning administrator of providing copies of drainage board records to the drainage board.
(2)
The county treasurer shall keep a separate account for each drainage district in which the treasurer shall charge such district with all amounts paid out on its behalf pursuant to sub. (1) and shall credit the district with:
(a)
All sums received in payment of drainage assessments of that district, including penalties and interest on the sums.
(e)
All other sums received on account of the drainage district other than interest received on drainage district funds held by the county treasurer.
(3)
The drainage board may appoint a treasurer who shall act as the deputy of the county treasurer. The drainage board may assign any part or all of the county treasurer's duties under this chapter to the drainage board treasurer. The drainage board treasurer shall be reimbursed for actual and reasonable expenses incurred in the performance of the treasurer's duties in the same manner as provided for drainage board member expenses under s. 88.17 (8). The drainage board shall require a bond from the drainage board treasurer in an amount, set by the board, that is sufficient to exceed the greatest amount of funds expected to be held in his or her custody, and with the sureties that the drainage board requires. The bond shall be conditioned in substantially the same form as the ordinary bond required from the county treasurer, with the necessary changes.
History:  1987 a. 378; 1991 a. 316; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.20 - Conflict of interest prohibited.

88.20
Conflict of interest prohibited.
(1)
No member of a drainage board shall be interested directly or indirectly:
(a)
In any contract with the drainage board; or
(b)
In any contract for work or materials in or for a drainage district; or
(c)
In any contract for the sale of machinery or materials for or to the drainage board; or
(d)
In the wages or supplies of persons employed on work in or for a drainage district.
(2)
No board member shall deal in securities of a drainage district.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.212 - Required actions for the drainage board.

88.212
Required actions for the drainage board.
In addition to other powers expressly granted or necessarily implied, the drainage board shall:
(1)
Beginning in 2009, and every 3 years thereafter, provide written notice to every person who owns land that is located within the drainage district that such land is in the district. The notice shall also include contact information for every member of the drainage board.
(2)
Annually, provide contact information for every member of the drainage board to the state drainage engineer and to the clerk of every city, village, town, and county in which the drainage district is located.
(3)
Not later than November 1 of each year, provide the clerk of each taxation district in which the drainage district is located a list of every assessment issued by the drainage board from November 1 of the previous year to October 31 of the current year. The information shall specify the assessment amount for every parcel in the district.
(4)
If any portion of a drainage district that is a subject matter of a drainage board meeting is located in a city, village, or town, notify the city, village, or town of the date, time, and subject matter of the meeting. A notification under this subsection may be in an electronic format.
History:  2007 a. 121; 2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.215 - Landowner petitions.

88.215
Landowner petitions.
The owners of land in a district may petition the drainage board to hold a district meeting. The petition shall be signed by at least 10 percent of the owners of land within the district or by the owners of at least 10 percent of the lands within the district. The drainage board shall either schedule a district meeting to be held within 60 days after receiving the petition or deny the petition, by issuing a published order, within 60 days after receiving the petition. The drainage board may deny the petition only on the grounds that it is unreasonable.
History:  1993 a. 456.
NOTE:  1993 Wis. Act 456, which created this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.23 - Power of board to levy assessments for costs.

88.23
Power of board to levy assessments for costs.
(1)
In addition to the assessments for cost of construction authorized by s. 88.35, the board may issue orders to levy assessments for costs of maintenance and repair or for any other lawful expenditures of a drainage district. All of the assessments shall be apportioned on the confirmed benefits then in effect in the district assessed.
(2r)
The board may authorize one or more owners of land in a drainage district to prepare a proposed assessment for cost of construction or maintenance and repair.
(3)
Assessments made under this section are subject to ss. 88.40 to 88.43. In no case may the total assessments against any land exceed the benefits assessed against that land unless an interested person agrees to pay such excess and furnishes the drainage board with sufficient security for the excess benefits or unless the assessment is for the purpose of covering the cost of repair and maintenance as defined in s. 88.63.
(4)
The board may borrow money and issue notes or bonds based upon any assessments levied under this section in the same manner as for original assessments.
History:  1971 c. 67; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.24 - Board to file annual report.

88.24
Board to file annual report.
On or before December 1 of each year the board shall file with the department of agriculture, trade and consumer protection; the town board or town zoning committee; the city council, plan commission, or plan committee; and the county zoning administrator, in which district territory is located, a separate report, for the preceding fiscal year, on each drainage district under the board's jurisdiction. Unless the board selects a different fiscal year and notifies the department of the selection, the board's fiscal year begins on September 1 and ends on the following August 31. All local units of government that receive the report shall consider it before making any zoning or planning decisions that may affect a drainage district that is located within its boundaries. The reports shall constitute part of the records of the districts reported on, shall be verified by the oath of one or more of the board members, and shall contain:
(1)
A financial statement.
(2)
A statement of all bonds paid or issued during the preceding year.
(3)
A statement of all work done during the preceding year, specifying where the same was done and the cost thereof.
(4)
A statement of the district's practices and policies.
History:  1993 a. 456; 2007 a. 121; 2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.27 - Who may petition for organization of a drainage district.

88.27
Who may petition for organization of a drainage district.
(1)
Except as provided in sub. (1m), any of the following may petition for the organization of a drainage district under this chapter:
(a)
The owners of more than one-half in area of the lands, excluding lands owned by this state, proposed to be included within the drainage district.
(b)
The majority of landowners within the proposed drainage district, owning at least one-third in area of the lands, excluding lands owned by this state, proposed to be included within such district.
(1m)
A state agency, as defined in s. 16.61 (2) (d), may not petition for the organization of a drainage district.
(2)
No petition having as many signers as are required by this section shall be declared void, but the court may at any time permit the petition to be amended in form and substance to conform to the facts, if the facts justify the organization of a district. All petitions for the organization of the same or substantially the same district filed prior to the hearing under s. 88.34 shall be considered by the court as one petition, and all signatures to such petitions shall be counted in determining the jurisdiction of the court.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.28 - Contents of petition.

88.28
Contents of petition.
(1)
A petition for organization of a drainage district shall be filed with the court and shall set forth:
(a)
A description of the lands proposed to be included in the district and that they will be improved by drainage.
(b)
That the public health or public welfare will be promoted by the drainage.
(c)
A map or sketch of the area sought to be drained, with the proposed drains shown thereon.
(d)
That the cost of construction will not exceed 75 percent of the appraised benefits arising from such drainage.
(e)
A proposed name or number for the district.
(f)
The names and addresses of the owners and mortgagees of all lands in the district, so far as known to the petitioners.
(g)
A request for the organization of the drainage district.
(h)
If the purpose of such petition is the enlargement, repair or maintenance of a drain, heretofore constructed under any law of this state, the petition shall give a general description of the drain with such particulars as the petitioners deem important.
(i)
The quality and character of soils and subsoils in the proposed district.
(j)
A soil map of the proposed district.
(k)
The present agricultural value of the lands.
(L)
The kind of crops which will be grown on the land after drainage.
(2)
In lieu of meeting with the requirements of sub. (1) (d), the petitioners may file with the petition a written agreement that they will pay such portion of the cost of construction as exceeds 75 percent of the appraised benefits to all lands resulting from the construction of the proposed drainage works.
(3)
The petition need not be verified.
History:  1977 c. 449; 1993 a. 456; 2007 a. 121 s. 6.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.29 - Referral of petition to board; examination of lands; hearing by board.

88.29
Referral of petition to board; examination of lands; hearing by board.
(1)
Upon receipt of a petition for organization of a drainage district the court or judge by order shall refer the petition to the drainage board and order the board to report thereon.
(2)
When a petition has been so referred to the board, the board, with the aid of an engineer having the qualifications specified in s. 88.21 (5), shall examine the lands described in the petition and all other lands that the board believes will be benefited or damaged by the proposed work and shall consider whether the drains as proposed in the petition are satisfactory.
(3)
The board also shall hold a hearing on the petition to ascertain the sufficiency of the signers and to hear all interested persons who desire to be heard for or against the petition.
(4)
The board shall fix a time and place of the hearing on the petition, on or conveniently near the lands described in the petition, and shall give notice of the hearing as provided in s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (c).
(5)
The notice shall describe the lands involved and may be in substantially the following form:
“Notice is hereby given that the drainage board of .... County will meet on the .... day of ...., .... (year), at .... o'clock, .... M. at the (here describe the place of meeting) to consider the petition filed in the circuit court of .... County to drain lands among which are the following: (here describe the lands described in the petition). All persons interested may appear and be heard on the petition.
Dated ....
................
................
................
Drainage Board".
(6)
The board may adjourn the hearing to a time and place that it considers convenient or necessary. The board shall either make a public announcement of the time and place of the adjournment or give notice as provided in s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (a) and also by publication of the notice once in the vicinity in a newspaper qualified under ch. 985, such publication to be not more than 20 days nor less than 10 days before the date set for the adjourned hearing.
History:  1979 c. 175 s. 50; 1993 a. 456; 1997 a. 250.