Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter V - Construction Projects and Drainage Alterations; Department Approval › Section ATCP 48.36 - Applying for approval

Current through June 24, 2024
(1) APPLICATION REQUIRED. A county drainage
				  board shall apply in writing for department approval of a proposed action under
				  s.
				  ATCP
				  48.34. The application shall include all of the
				  following information, in detail commensurate with the proposed action:
(a)
District name or number.
The name or number, or proposed name or number, of the drainage
				  district.
(b)
Proposed
				  action.
A statement describing the proposed action.
(c)
Objectives.
The
				  objectives which the county drainage board expects to achieve by taking the
				  proposed action. If the county drainage board expects to improve drainage, the
				  county drainage board shall express its drainage objectives in terms of
				  drainage volume, thoroughness of drainage, geographic scope of drainage, or
				  other pertinent drainage measures.
(d)
Persons requesting
				  action.
The persons, if any, who are asking the county drainage board
				  to take the proposed action.
(e)
Estimated cost.
The estimated cost of the proposed action,
				  including any damage awards to landowners who will be adversely
				  affected.
(f)
Design
				  specifications.
Design specifications for the proposed action,
				  prepared by an engineer who is qualified under s.
				  88.21(5),
				  Stats. The design specifications shall comply with applicable standards under
				  subch. IV. The engineer preparing the design specifications shall state
				  whether, in the engineer's judgment, the proposed action as designed will be
				  effective in achieving the county drainage board's stated objectives.
(g)
Lands and waters
				  affected.
A map showing the location of the proposed action, and the
				  location of the lands and waters affected by the proposed action. The map shall
				  indicate all of the following if relevant:
1.
				  The current and proposed use of the affected lands.
2. The topography of the affected
				  lands.
3. The location of any
				  affected wetlands.
4. The identity
				  and location of any affected navigable waterway, stormwater management
				  district, lake district, priority watershed or lake under s.
				  281.65,
				  Stats., or wellhead protection area under ch. NR 811.
5. The identity and location of any affected
				  building, transportation corridor or utility easement.
(h)
Hydrology analysis.
A
				  hydrology analysis, prepared by an engineer who is qualified under s.
				  88.21(5),
				  Stats. The hydrology analysis shall analyze the effect of the proposed action,
				  if any, on all of the following:
1. Water
				  surface elevations in district drains at base flow. The hydrology analysis
				  shall use a method described in ch. ATCP 48 Appendix A, or another method
				  approved by the department, to estimate water surface elevations at base
				  flow.
2. Peak water surface
				  elevations in district drains in the event of a 10-year 24-hour storm event.
				  The hydrology analysis shall use the method described in ch. ATCP 48 Appendix
				  A, or another method approved by the department, to estimate peak water surface
				  elevations in the event of a 10-year 24-hour storm event.
3. Peak water surface elevations in district
				  drains in the event of a 25-year 24-hour storm event. The hydrology analysis
				  shall use the method described in ch. ATCP 48 Appendix A, or another method
				  approved by the department, to estimate peak water surface elevations in the
				  event of a 25-year 24-hour storm event.
(i)
Construction plan.
A
				  construction plan, if applicable, including all of the following:
1. A plan for controlling construction site
				  erosion.
2. The estimated amount of
				  material, if any, that will be removed.
3. A plan for depositing removed material, if
				  any, including the location and configuration of any deposits.
(j)
Notice and public
				  hearing.
A statement that the county drainage board has complied with
				  the notice and public hearing requirement under sub. (2).
(k)
Formal changes to cross-section,
				  grade profile or alignment.
All of the following information if the
				  county drainage board proposes to change the formally established
				  cross-section, grade profile or alignment of a district drain:
1. The cross-section, grade profile or
				  alignment which the county drainage board proposes to change.
2. The new cross-section, grade profile or
				  alignment proposed by the county drainage board. The new specifications shall
				  be prepared by an engineer who is qualified under s.
				  88.21(5),
				  Stats.
3. If the county drainage
				  board proposes to change a formally established alignment, a statement that the
				  county drainage board has complied with s.
				  ATCP
				  48.21(4) (a) 1.
4. If the county drainage board proposes to
				  change a formally established grade profile, a statement that the county
				  drainage board has complied with s.
				  ATCP
				  48.21(5) (a) 1. and 2.
(L)
Assessment of benefits
				  to landowners.
A statement explaining how the proposed action will
				  affect the assessment of benefits to landowners under s.
				  ATCP
				  48.06, if at all.
Note: See s.
					 ATCP
					 48.06(2) (a) and s.
					 88.46,
					 Stats.
(m)
Financing plan.
The drainage board's plan for financing the
				  proposed action, including any proposed cost assessments to lands in the
				  drainage district.
Note: See s.
					 ATCP
					 48.02.
(n)
Environmental effects.
An assessment of how the proposed action may affect the human and natural
				  environment, including effects on all of the following:
1. Lands and land uses identified under par.
				  (g).
2. Surface water levels,
				  quality and temperature.
3.
				  Groundwater levels and quality.
(o)
Alternatives.
An
				  assessment of alternatives to the proposed action, including the alternative of
				  doing nothing. The assessment shall discuss the relative benefits, costs and
				  environmental effects of the alternatives.