reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.32 - Report to the court.

88.32
Report to the court.
(1)
Within 30 days after the final adjournment of the hearing provided for in s. 88.29, the board shall report in writing to the court:
(a)
Whether the petition has the required number of signers;
(b)
Whether the lands described in the petition will be improved by drainage;
(c)
Whether other lands in the vicinity, draining to, from, or through the proposed drains, require drainage and if so a description of the same;
(d)
Whether such drainage is feasible;
(e)
Whether the public health or public welfare will be promoted by the proposed work;
(f)
Whether the drains proposed in the petition will best accomplish the drainage prayed for and the area that should be drained;
(g)
Whether the benefits from such work will exceed the cost of construction by the required amount;
(h)
Such other facts as in the opinion of the board will aid the court in its decision upon the report.
(2)
The board may recommend to the court an increase or decrease in the area proposed in the petition to be drained. If the proposed drains are not satisfactory the board shall recommend other drains.
(3)
In determining whether public health and welfare will be promoted, the board shall include in its consideration whether the cumulative effect of such drainage over a period of time will affect the temperature of the water of lakes or streams, or will lower the water levels of lakes or streams or of the subterranean sources that supply private and public water systems, and whether the general need for the type of land that will be made available for cultivation or other purposes by such drainage is sufficiently great to warrant the possible harmful effects described above.
(3m)
If the area of the proposed district exceeds 200 acres, the report shall be submitted to the department of agriculture, trade and consumer protection before it is filed with the court. Within 45 days after receipt of the report, the department shall return it with a copy of the report prepared under s. 88.11 (3) with its recommendation for approval or disapproval for the creation of the district.
(4)
The board shall attach to its report proof of the service of notice of hearing on the petition together with a copy of its minutes of such hearing.
History:  1993 a. 246, 456; 2007 a. 121.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.33 - Drainage project may be stopped prior to organization of district.

88.33
Drainage project may be stopped prior to organization of district.
(1)
At any time prior to the entry of the order organizing a drainage district, the owners who represent a majority of the lands described in the petition for drainage or who represent a majority of the lands contained in the report of the drainage board may file with the court a petition requesting that no further proceeding be had and that no further expense chargeable to the proposed drainage district be incurred.
(2)
Upon receipt of the petition the court shall fix a time and place of the hearing on the petition and shall cause notice of the hearing to be given as provided in s. 88.05 (1) (b) to the persons specified in s. 88.05 (4) (b). If on the hearing the court finds that the petition is signed by the required number of owners, that notice of the hearing was properly given, and that the conditions of sub. (3) have been met, it shall enter an order directing that the proceedings to organize the district cease.
(3)
As a condition of issuing the order under sub. (2), the court shall require those petitioners under this section who also were petitioners under s. 88.27 to pay the expenses of the hearing under this section and all expenses incurred to date in connection with the proceedings to organize the district.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.36 - Hearing on report.

88.36
Hearing on report.
(1)
Upon the completion of the report provided for in s. 88.35, the drainage board shall fix the time and place of the hearing on the report and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (c).
(2)
At the hearing on the report the drainage board shall hear all objections to the report by any person who feels aggrieved.
(3)
With regard to objections relating to assessment of benefits against or award of damages to specified lands, any evidence may be introduced which tends to establish what assessments or awards would be equitable as compared with other lands in the district.
(4)
If the drainage board finds that the report requires modification or amendment, it shall modify or amend the report as the facts warrant.
(5)
Upon a determination by the board that the report is final, the board shall proceed with the work as provided in s. 88.62.
(6)
The board may not proceed with the work unless it finds that the cost of construction of the work necessary under the order will not exceed 75 percent of the total assessment of benefits against those lands whose assessments of benefits and awards of damages are sought to be confirmed by the order.
History:  1977 c. 135 s. 19; 1993 a. 456; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.40 - Assessments for costs to be certified to register of deeds; assessments are lien on lands.

88.40
Assessments for costs to be certified to register of deeds; assessments are lien on lands.
(1)
Immediately after the issuance of a drainage board order levying any assessments for costs, whether original or supplemental, the drainage board shall record in the office of the register of deeds in each county in which the assessed lands are situated a certified copy of the order, including a true description of each parcel of land in that county that was so assessed and the amount that it was assessed.
(2)
From the time of recording the order confirming such assessments for costs until they are paid, such assessments and the interest thereon are a first lien upon the lands assessed and take priority over all other liens or mortgages except liens for general taxes and liens under ss. 292.31 (8) (i) and 292.81, regardless of the priority in time of such other liens or mortgages.
(3)
When any assessment which is a lien on land has been fully paid, the board shall execute in writing a satisfaction of such lien. Such satisfaction may be recorded in the office of the register of deeds.
History:  1993 a. 453, 456; 1995 a. 227; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.405 - Assessment for connection to district drain.

88.405
Assessment for connection to district drain.
When any new drain is connected to an existing district drain, whether or not the area drained by the new drain is within the drainage district, the drainage board by order may assess against the newly drained land a reasonable share of the cost of constructing the existing district drain. If an assessment is made under this section and the area drained by the new drain is not within the drainage district, the drainage board shall proceed under s. 88.78 to annex the land to 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. › 88.41 - Payment of assessments for costs.

88.41
Payment of assessments for costs.
(1)
All assessments for costs are due and payable 4 months after the date on which the order making the assessments is issued unless the drainage board by order directs that the assessments may be paid in installments. Assessments shall be paid to the county treasurer as treasurer of the drainage district.
(2)
At the time of issuing an order making assessments for costs, or at any time after issuance of the order but before the issuance of bonds or notes which are a lien on the assessments, the drainage board may order the assessments for costs to be payable in annual installments. The drainage board shall order the installments to be payable in such amounts and at such times as will be convenient for the accomplishment of the proposed work or for the payment of the principal and interest of the notes or bonds of the drainage district, subject to the following limitations:
(a)
The number of annual installments may not exceed 15 in the case of assessments for cost of construction or 3 in the case of assessments for cost of repairs.
(b)
The first installment is due and payable on September 1 following the drainage board's order directing payment in installments and one installment, together with all accrued interest, is due and payable on September 1 of each succeeding year, except that the drainage board in its order may direct a delay in the commencement of the payment of installments for the cost of construction to September 1 of some year not more than 5 years after September 1 of the year in which the first payment otherwise would be due.
(3)
Any owner of land assessed for costs may, at any time before the board contracts to borrow money upon notes or bonds based upon such assessment, pay to the county treasurer as treasurer of the drainage district the amount of the assessment against the owner's land or any tract thereof, together with any interest due thereon.
(4)
The following rules govern interest on assessments for costs:
(a)
All assessments for costs shall draw interest at the rate of 6 percent per year unless the drainage board orders a different rate.
(b)
Interest shall run from the date of confirmation of the assessment unless the drainage board orders the interest to commence at a later date, but interest shall be waived if the assessment is paid within 60 days after the date of confirmation.
(c)
If installment payments have been authorized pursuant to sub. (2), interest shall be computed as of September 1 and is payable annually on that date.
(e)
Interest shall be collected in the same manner as the principal of the assessment.
(f)
If it becomes necessary to certify past due assessments to the clerk of the town, village or city for collection, the provisions of s. 88.42 relating to interest also are applicable.
History:  1979 c. 110 s. 60 (13); 1991 a. 316; 1993 a. 456; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.42 - Unpaid drainage assessments to be collected as taxes.

88.42
Unpaid drainage assessments to be collected as taxes.
(1)
The secretary of the drainage board shall, in accordance with s. 88.19, keep a separate record of all assessments in each drainage district under the board's jurisdiction. On or before December 1 of each year, the secretary shall certify all past due assessments for costs, including past due installments, to the clerk of the town, village or city in which the delinquent lands are located or assessed, specifying the amount due from each tract, parcel or easement. The amount certified shall include interest at the rate of 6 percent per year computed through December 31 of the current year.
(2)
Each town, village and city clerk shall insert in the tax roll for each year, but in a column separate from the general tax, the amounts certified to that clerk by the secretary of the board under sub. (1). Such assessments and interest shall be collected in the same manner as general taxes, except that the personal property of natural persons and private corporations, and all lands except those against which assessments were made, are not liable to seizure and sale therefor.
(3)
In case of failure to certify or collect the unpaid assessments in any one year or if mistakes are made in certifying or collecting assessments, the same may be certified, corrected and collected in any subsequent year.
(4)
All drainage assessments collected by the city, village or town treasurer shall be settled under s. 74.23, 74.25 or 74.30 with the county treasurer of the county in which the drainage board with jurisdiction of the district is located, and the city, village or town treasurer shall obtain and file the proper receipt for the assessments. The county treasurer shall promptly credit the amounts received under this subsection to the drainage districts entitled to the amounts.
History:  1979 c. 110 s. 60 (13); 1987 a. 378; 1991 a. 316; 1993 a. 456; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.43 - Collection of assessments as delinquent taxes.

88.43
Collection of assessments as delinquent taxes.
(1)
If the amounts certified to the town, village or city clerk under s. 88.42 are not collected by the town, village or city treasurer, such treasurer shall return them to the county treasurer, in the same manner and at the same time as delinquent taxes, but separately therefrom. The county treasurer shall collect unpaid drainage assessments under subch. VII of ch. 74.
(4)
Unless in conflict with this chapter, the rules of law in chs. 74 and 75 which are applicable to the collection of general taxes apply to the collection of delinquent drainage assessments.
History:  1987 a. 378; 1989 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.44 - Contesting validity of assessments.

88.44
Contesting validity of assessments.
(1)
If an interested person petitions the drainage board for review of the validity of any order assessing benefits or costs, correcting omitted assessments, reassessing benefits or apportioning benefits upon division of a parcel, the drainage board shall fix a time and place of hearing and require all interested persons to show cause why the assessment should be modified. The order to show cause shall be served as provided in s. 801.11 upon such persons as the court directs.
(2)
Any person objecting to the validation of the assessment shall, on or before the day fixed for the hearing, file a written statement of the person's objections with the drainage board. The drainage board shall hear the objections at the time fixed for the hearing and shall enter an order directing all necessary amendments and curing all defects in the former proceedings or shall render valid and binding the former order.
(3)
No drainage assessment is void or voidable for irregularity in the proceedings unless it is shown that the assessment is inequitable.
(4)
An interested person shall submit a petition under sub. (1) and obtain either the decision of the drainage board under this section or a denial of the petition for a hearing before seeking judicial review of the drainage board's order levying an assessment.
History:  1991 a. 316; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.45 - Procedure upon discovering omitted assessments.

88.45
Procedure upon discovering omitted assessments.
(1)
Upon learning of an omission to assess benefits or to assess costs or to award damages to any lands in a district, the board shall issue an order making the assessments or awards that the board considers just.
(2)
No omission to assess benefits or to assess for costs or to award damages to any lands in a district renders any assessment in the district voidable.
(3)
This section is retroactive.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.46 - Reassessment of benefits.

88.46
Reassessment of benefits.
(1)
At any time after the expiration of 5 years from the order of the board assessing benefits in a drainage district, owners of land in the district may petition the drainage board for a reassessment of benefits on the ground that the original assessment of benefits is inequitable and unjust. The petition shall be signed by at least one-tenth of the owners of land within the district or by the owners of at least one-tenth of the lands within the district.
(2)
Upon receipt of a petition meeting the requirements of sub. (1), the board shall either schedule a hearing on the matter to be held within 60 days after receiving the petition or issue an order denying the petition within 60 days after receiving the petition. If it appears to the board that the original assessment of benefits throughout the drainage district was uniformly low or substantially so, by reason of the application of a substandard evaluation or other cause, the board shall issue an order adjusting all benefits in the district so as to correct the inequities and injustices.
(4)
A reassessment under this section supersedes all prior assessments of benefits, subject in every case to s. 88.02.
History:  1979 c. 110 s. 60 (11); 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.47 - Apportionment of assessments when assessed parcel is divided.

88.47
Apportionment of assessments when assessed parcel is divided.
If any tract of land which has been assessed benefits as a unit subsequently is divided into smaller parcels, the board shall issue an order to apportion the assessment, and any unpaid assessment for costs based thereon, among the several divisions in a manner that is equitable.
History:  1977 c. 449; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.48 - Assessment of county and municipal lands.

88.48
Assessment of county and municipal lands.
(1)
Lands owned by a county, town, village or city may be assessed benefits, awarded damages and assessed for costs the same as other lands within the district. Notice of hearing on the report assessing benefits against such lands shall be served on the clerk of the county, town, village or city in the same manner as upon resident landowners.
(2)
As assessments for costs levied against any city, village, or town become due, the board shall certify the assessments to the clerk of the city, village, or town, and the clerk shall place them upon the next tax roll. If the assessments exceed one-fourth of one percent of the assessed value of the property in the city, village, or town for the last previous assessed valuation, the assessments shall be paid in installments of one-fourth of one percent of the valuation for each year until paid unless the drainage board orders them paid in smaller amounts.
History:  1993 a. 456; 2009 a. 177.
A town sanitary district is subject to assessment by a drainage board. State ex rel. Town of Norway Sanitary District #1 v. Racine County Drainage Board, 220 Wis. 2d 595, 583 N.W.2d 437 (Ct. App. 1998), 97-2861.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.49 - Assessment of one district by another; judgment against district.

88.49
Assessment of one district by another; judgment against district.
If one district, by order of the drainage board, has assessed another district for special benefits, or if a money judgment has been rendered against any district, the board shall assess upon the lands of the district that is liable a sum that is sufficient to pay the assessment or judgment. The drainage board may order that the assessment be payable in installments.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.50 - When state lands subject to assessment; right-of-way across state lands.

88.50
When state lands subject to assessment; right-of-way across state lands.
(1)
Agricultural lands owned by the state are subject to assessment in drainage proceedings. Other lands owned by the state are not subject to such assessment. Whenever the state acquires lands against which drainage assessments have been made and which no longer will be subject to assessment, the state shall pay the district all unpaid assessments against such lands, whether due or not. The secretary of the board then shall remove the lands from the district's assessment roll. Acquisition of such lands by the state shall not be construed as prohibiting maintenance of existing drains.
(2)
No drain may be constructed on lands owned by the state or on lands on which the state exercises management control by easement, lease or otherwise, without the written permission of the agency responsible for the lands. The agency shall grant such permission upon application made to it, unless it finds after notice and public hearing thereon that the proposed drain will be injurious to the use of the property for the purposes for which it was acquired by the agency. Any administrative decision on the application, or any findings or order of the agency after public hearing, made hereunder shall be subject to review under ch. 227.
History:  1993 a. 490.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.55 - Refunding district obligations.

88.55
Refunding district obligations.
(1)
The drainage board may refund bonds of the district and issue new bonds of the district payable over a term determined by the board. The aggregate principal amount of the new bonds shall not exceed the aggregate principal amount of the refunded bonds and the unpaid accrued interest on them. The new bonds shall bear interest at a rate approved by the board.
(2)
When bonds of the district have been refunded or are about to be refunded under sub. (1), the board may, on petition of one or more landowners or of the board, extend the time in which to pay assessments for construction to September 1 next preceding the due date of a like portion of the refunding bonds which are liens thereon. In such event, the face of all unpaid past due assessments so extended, together with all interest, penalties and charges, shall be a lien on the lands against which the assessments were originally made. The board may make all orders and do all other things necessary to carry into effect the extension of time.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.56 - Compromise and discharge of obligations.

88.56
Compromise and discharge of obligations.
(1)
Whenever a drainage district is unable to pay its bonds and notes in full, the board may enter into a written compromise agreement with the owners of not less than 70 percent of its obligations. When such agreement has been signed by members of the board and the owners of 70 percent of such obligations, all creditors of the district are subject to such agreement to the same extent as those signing the agreement, and their claims shall be treated in all respects as if they had executed such agreement.
(2)
Whenever a drainage district is unable to pay its obligations in full, the board may file with the court a petition for an order approving a settlement of claims and directing an equitable distribution of net assets among the creditors of the district. Such petition shall list the available assets of the district, the obligations of the district, the owners of such obligations and their names and addresses or, if unknown, a statement of that fact, and shall state whether a compromise agreement has been executed under sub. (1). If such agreement has been executed, a copy thereof shall be attached to the petition.
(3)
Upon receiving a petition under sub. (2), the court shall enter an order fixing a time not less than 4 months nor more than 6 months after receipt of the petition within which creditors shall present their claims for examination and allowance. The order shall also fix a time and place for hearing on claims and publication and notice shall be given under s. 88.05 (1) (b) to all creditors of the district whose names and addresses are known.
(4)
The court shall receive, examine and adjust all claims and demands against the district. At the time set for hearing on claims, any claim may be allowed which is accompanied by a statement of account verified by affidavit and to which no objection is received, except that no claim shall be allowed until the court is satisfied that it is just.
(5)
The court shall make a statement embracing a list of the claims presented against the district and those presented as a set-off. Such statement shall show how much was allowed and how much disallowed in each case, together with the final balance, whether in favor of the creditor or the district. Such statement shall be filed by the judge and shall stand as the judgment of the court. The court may make an order directing that the available balance of the funds of the district, after costs are paid, be distributed among the district's creditors as equity requires and discharging the district from further liability on its obligations.
(6)
All claims against a district which are not filed within the time limited by this section are barred.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.61 - Laying out drains, assessment of benefits and award of damages in existing drainage district.

88.61
Laying out drains, assessment of benefits and award of damages in existing drainage district.
After the organization of a drainage district and the construction of drains under the procedures in ss. 88.35 and 88.36, if the drainage board proposes to construct additional drains in the existing drainage district, it shall prepare reports, assess benefits and damages, conduct a hearing and determine costs and benefits substantially as provided under ss. 88.35 and 88.36.
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. › 88.62 - Conditions relative to doing of work.

88.62
Conditions relative to doing of work.
(1)
The drainage board may authorize the drainage district to do its own work or the board may enter into contracts to have the work done. The board may advertise for bids and shall do so in all cases where the work to be done will cost in excess of $25,000. When the board is required to advertise for bids, the board shall publish a class 2 notice, under ch. 985, and other notices that the board considers appropriate, and the work shall be let to the lowest responsible bidder unless in the board's opinion the bid is unreasonably high and a lower bid can be obtained. The board may continue the letting of the work from time to time, and may reject any or all bids.
(2)
Before the board or its contractor may enter on lands for the construction of any drain on the lands, any damages awarded to the owners of the lands in excess of assessments against the lands for the cost of construction must have been paid or tendered. If the owner is unknown or the board for any other reason cannot safely pay the owner, it may deposit the net damages in an escrow account for the benefit of the owner or other party who is entitled to the damages, to be paid or distributed when payment can be made to the owner or other party or released after 5 years, whichever occurs first. Notwithstanding ch. 177, any funds not claimed in 5 years may be retained by the drainage board for the benefit of the drainage district for which the funds are held, after the board publishes a class 2 notice under ch. 985 and mails notice to the last-known address of each owner or other party regarding the existence of the unclaimed funds. The payment has the same effect as a tender to and acceptance of damages by the person entitled to the damages.
(3)
(a)
Except for a removal of material that is exempt from the individual and general permit requirements under s. 30.20 as specified under s. 30.20 (1g) (d) and except as provided under par. (b), if drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources.
(b)
If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources.
History:  1987 a. 275; 1991 a. 316; 1993 a. 456; 1999 a. 9; 2007 a. 122; 2017 a. 115.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.63 - Maintenance and repair of drains.

88.63
Maintenance and repair of drains.
(1g)
In this section “maintenance and repair" refers to the restoration of a drain or any part thereof as nearly as practicable to the same condition as when originally constructed or subsequently improved, including resloping of open ditches and leveling of spoil banks or excavated materials, and such routine operations as from time to time may be required to remove obstructions and preserve the efficiency of the drains. The terms do not include any substantial or material alteration, enlargement or extension of the drainage system of the district.
(1m)
It is the duty of the drainage board to maintain in good condition the drains in all districts under the board's jurisdiction and to repair such drains when necessary. The board shall have all drains under its jurisdiction inspected annually to determine the need for maintenance and repair work. The board shall apportion the cost of such inspection to the various districts involved and the cost shall be paid out of any funds of the district available for maintenance and repair. The board may hire an inspector or authorize one or more owners of land in the drainage district to make the inspection or members of the board may themselves make the inspection.
(2)
The board may establish and maintain a fund for the payment of the costs of normal operations and maintenance and repair and for emergency expenses. Moneys in a fund under this subsection may not exceed amounts reasonably necessary for the purposes under this subsection.
(4)
The drainage board may use the funds assessed for maintenance and repair to pay for the costs of undertaking or defending a lawsuit involving the board, a board member or a drainage district or for representing an owner of land in a drainage district as provided in s. 88.21 (13). The board shall allocate the costs to individual drainage districts in an equitable manner.
History:  1993 a. 456; 2001 a. 103; 2017 a. 115.
Ch. 30 applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, the Department of Natural Resources' jurisdiction depends upon the facts of each situation. Section 31.33 applies to nonnavigable artificial waterways insofar as is necessary to protect navigable waters and owners of flooded waters. 63 Atty. Gen. 493.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.67 - Construction and repair of drains crossing utility installations; laying utility installations across drains.

88.67
Construction and repair of drains crossing utility installations; laying utility installations across drains.
(1)
Whenever the construction, reconstruction, clean out or repair of a drain makes necessary the removal or raising of a utility installation in order to permit the passage of a dredge or other machinery or whenever the lowering of an underground utility installation is necessary in order to provide effective drainage, the owner of the utility installation, upon being given 30 days' written notice stating the place where such dredge or machinery will pass or that lowering is necessary to provide effective drainage, shall remove, raise or lower the utility installation as requested by the board. Except as provided in sub. (3), the expenses involved in such removal, raising or lowering shall be borne by the drainage district or as provided by mutual agreement between the drainage board and the owner of the utility installation.
(2)
If after the 30 days' notice specified in sub. (1) the owner of the utility installation fails to remove, raise or lower the same, the board may do so and may recover from the owner of the installation the cost of the removal, raising or lowering.
(3)
Whenever an underground utility installation is being laid or relaid across a drainage district's drain, the owner of the utility installation shall consult with the drainage board having jurisdiction of such district for the purpose of determining the grade at which such drain was laid out. If an underground utility installation is laid at a grade higher than the grade at which the drain was laid out, the expenses involved in any future lowering of the utility installation shall be borne by the owner of the utility installation unless the owner was misled by the drainage board as to the proper grade at which to lay the utility installation. This subsection applies only to work done after June 13, 1964.
(4)
In this section “utility installation" includes any sluice or pipe carrying any gas or liquid, or any wire, conduit or cable used for conducting electricity or for any other purpose, whether or not such installation is owned by a public utility.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.68 - Construction of drain across public highway; construction of bridges across drains.

88.68
Construction of drain across public highway; construction of bridges across drains.
(1)
Any drain across a public highway shall be constructed according to like specifications and at the same time as the drain above such highway is constructed.
(2)
If the construction of a drain across a public highway makes necessary the construction or reconstruction of a bridge, the drainage board and the officers in charge of maintenance of the highway shall try to agree on the best method of constructing or reconstructing the bridge. If they are unable to agree, the matter shall be submitted to arbitration under ch. 788. If it is determined to reconstruct or add to the bridge, the district shall pay the costs incident to the reconstruction or addition. If it is determined to construct a new bridge, the drainage district shall pay to the unit of government responsible for the maintenance of the highway a sum that is considered equivalent to the value of the bridge in place at the time of the construction of the drain.
(3)
If the unit of government in charge of maintenance of a highway decides to construct a new bridge across a drain, the officers in charge of such construction shall notify the drainage board thereof by registered mail addressed to the secretary of the board. If the board within 10 days after receiving such notice notifies the officers in charge of construction of the bridge that it desires such bridge to be constructed with a certain clear span, the bridge shall be constructed in accordance with the board's order. If the board's order requires the bridge to be built of greater span than is necessary for proper drainage of flood waters, any excess cost resulting from such order shall be paid by the drainage district.
(4)
Whenever the cleaning out, deepening or reconstruction of a drain crossing a public highway requires the lowering of a culvert through such highway in order to provide effective drainage, the drainage board may proceed to lower such culvert only after obtaining a permit under s. 86.07 (2) (a). In lieu of issuing a permit, the authority in charge of maintenance of the highway may proceed to do the work itself. Except as provided in s. 86.075, the expenses involved in such lowering shall be borne by the drainage district, or as provided by mutual agreement between the highway authority and the drainage board.
History:  1993 a. 456; 2015 a. 231.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.69 - District liable for damage to land outside its boundaries.

88.69
District liable for damage to land outside its boundaries.
(1)
A drainage district is liable for any damages resulting to lands outside its boundaries because of work done within its boundaries. In this subsection “damages" means only such damages as could be recovered against a natural person for like injury resulting from like work. No action shall be taken to collect damages to outside lands until the damages actually have resulted. In cases of construction of new drains, the state may proceed pursuant to ch. 813 to prevent damage or injury to lands owned by the state.
(2)
If through the construction of a drain by a higher district a lower drainage district incurs extra expense in providing means to carry off the waters or remove the sediment flowing from the higher district, the higher district is liable for such increased cost. The amount of such increased cost may be agreed upon between the districts or may be recovered in an action at law.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.70 - Formation of subdistrict to obtain more thorough drainage.

88.70
Formation of subdistrict to obtain more thorough drainage.
(1)
If the owners of land in a part of a drainage district desire a more thorough or different drainage than the drains of the district currently provide or than the planned reconstruction will provide, a majority of the owners may petition the board to have specified lands set aside as a subdistrict of the drainage district in order to permit a more thorough or different drainage.
(2)
The board shall fix a time and place of a hearing on the petition and shall cause notice to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (b).
(3)
If the drainage board is satisfied that the public health or public welfare will be promoted by more thorough or different drainage and that the benefits of the drainage will exceed the cost of construction, the drainage board shall order that a subdistrict of the drainage district be formed, give it a name or number and fix its boundaries.
(4)
After organizing the subdistrict, the board shall prepare a plan and specifications for the more thorough or different drainage, estimate the cost of construction of the drainage, estimate the cost of all additional bridges made necessary because of the drainage, and assess benefits against and award damages to all lands in the subdistrict that are benefited or damaged by the more thorough or different drainage. Assessments and awards shall be made substantially as provided in s. 88.35.
(5)
Nothing in this section is intended to relieve owners of lands in the subdistrict of the proportionate share of their obligations to the district in which the subdistrict was formed.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.71 - Enlarging or supplementing existing drains.

88.71
Enlarging or supplementing existing drains.
(1)
Whenever the board is petitioned by the owners of one-tenth of the lands in a district to enlarge existing drains or to lay out and construct new drains in such district, or whenever the board is of the opinion that the plan of drainage of the district is or will be insufficient to effect a thorough drainage of such district or any portion thereof, and that enlarged or supplemental drains are required to effect such drainage, the board shall cause to be prepared plans and specifications for the enlargement of existing drains or for the construction of sufficient supplemental drains to complete the drainage of such district.
(1m)
If the drainage board is satisfied that the public health or welfare will be promoted by the enlarged or supplemental drains and that the benefits from the drains will exceed the cost of construction, the drainage board shall order the construction of the enlarged or supplemental drains.
(2)
The board shall estimate the cost of construction of the enlargements or supplemental drains together with the cost of all additional bridges that the district must build and shall assess the costs against the lands benefited, as provided in ss. 88.35 and 88.36 and in this subsection. The board shall award to each parcel of land the damages caused to the land by the supplemental work and shall assess benefits against the lands benefited by the supplemental work. The benefits shall be apportioned and assessed so that all assessed lands are required to pay a sum total for the construction of the total drainage proportionate to the actual benefits received by the lands from the total drainage.
History:  1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.72 - Removal of dams or other obstructions in drainage outlets.

88.72
Removal of dams or other obstructions in drainage outlets.
(1)
The owners of more than one-tenth of the lands within any district may file with the drainage board a petition setting forth:
(a)
That the drains constructed within such district do not afford an adequate outlet for drainage;
(b)
That it is necessary in order to give an adequate outlet to remove certain dams or other obstructions from waters or streams or to deepen, straighten or widen the same either within or beyond the boundaries of such district; and
(c)
That the public health and the public welfare will be promoted by such work and that the navigability of such waters or streams and other public rights therein will not be materially impaired.
(2)
Upon receiving a petition under sub. (1), the drainage board shall fix a time and place of a hearing on the petition and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (a), to the owner of any dam sought to be removed and to all riparian owners affected by the removal.
(3)
At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen or widen any waters or streams either within or beyond the limits of the district, the board shall obtain any permit that is required under this chapter or ch. 30 or 31.
(4)
Within 30 days after the department of natural resources has issued all of the permits as required under this chapter and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.
(5)
The drainage board may grant the petition and order the additional work done only if the drainage board is satisfied that:
(a)
The intended result can be effectively achieved by additional work at a reasonable cost;
(b)
The public welfare will be promoted by such additional work;
(c)
The cost of such additional work, when added to all expenses previously incurred by the district will not exceed the total benefits theretofore assessed; and
(d)
A petition, which is the same in substance or effect as the current petition, has not previously been denied by the drainage board.
History:  1973 c. 336; 1993 a. 456; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.73 - Providing drainage for lands assessed but not adequately drained.

88.73
Providing drainage for lands assessed but not adequately drained.
(1)
Any person owning lands that have been assessed for costs of construction but which are in need of drainage because of being shut off from access to any district drain or because the slope of the land is such that it is impractical to drain the land into a district drain without crossing the lands of others may file with the drainage board a verified petition stating such facts, including a description of the lands sought to be drained and asking that a drain be laid out from the petitioner's lands to the district drain.
(2)
The petitioner and all persons whose lands will be directly affected by the proposed drain may, in writing, waive any or all notices of hearings and may consent to an immediate hearing on the petition, upon which the drainage board may enter an order to construct the drain. The board's order shall include all of the provisions of s. 88.35 (1). If no written waiver or consent is filed by all persons immediately interested, the procedure on a petition under this section shall be substantially as outlined in ss. 88.35 and 88.36.
History:  1991 a. 316; 1993 a. 456.
2023 Wisconsin Statutes & Annotations › Chapter 88 - Drainage of lands. › 88.77 - Annexation of lands upon petition of owners.

88.77
Annexation of lands upon petition of owners.
(1)
If owners of lands adjacent to any drainage district want the lands to be annexed to the district, they may file with the drainage board a petition for annexation. The petition must be signed either by more than one-half of all of the owners of lands in the proposed annex, who shall represent more than one-third of the lands in the proposed annex, or by the owners of more than one-half of the lands in the proposed annex. The petition shall describe the lands sought to be annexed and shall set forth the names of the owners of all of those lands so far as the owners are known. The petition shall be accompanied by a plat showing the original district and the proposed annex.
(2)
If the undrained portion of the area proposed to be annexed to the district exceeds 200 acres, the drainage board shall request the report described under s. 88.11 (3) from the department of agriculture, trade and consumer protection on the annexation. Within 60 days after the request, the department shall prepare and return a copy of the report and its approval or disapproval, as provided under s. 88.35 (7).
(3)
When the drainage board receives the reports required by s. 88.11, the board shall fix a time and place of a hearing on the petition under sub. (1) and shall cause notice of the hearing to be given under s. 88.05 (2) (b) to the persons specified in s. 88.05 (4) (c).
(4)
The drainage board shall issue an order annexing the territory to the drainage district if at the hearing the board finds all of the following facts:
(a)
That the petition has sufficient signers.
(b)
That the lands described in the petition, together with any additional lands recommended by the board for drainage, will be improved by the proposed annexation.
(c)
That the public health or public welfare will be promoted by the annexation.
(d)
That the cost of construction will not exceed 75 percent of the benefits to be derived from the proposed work.
(e)
That the proposed work will not materially injure or impair fish or wildlife habitat, scenic beauty, the conservation of natural resources or other public rights or interests.
(5)
If the board finds the facts stated in sub. (4) (a) to (c) and (e) but finds that the cost of construction will exceed 75 percent of the benefits to be derived from the proposed work, the board nevertheless shall annex the territory to the drainage district if, within 10 days of the order being issued under sub. (4), the petitioners file with the board a bond with sufficient sureties to be approved by the board and conditioned for the payment of the excess or the petitioners deposit and leave with the board a sum of money that the board determines will cover the excess.
(6)
Upon issuance of the order annexing the territory to the drainage district, the drainage board shall proceed as provided under ss. 88.35 and 88.36.
History:  1993 a. 456; 2007 a. 121.
NOTE:  1993 Wis. Act 456, which substantially affected this section, contains extensive explanatory notes.