Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter IV - District Map, Drains and Corridors › Section ATCP 48.33 - Structures impeding drainage

Current through June 24, 2024
(1) PROHIBITION.
				  Except as provided in sub. (2), no county drainage board may install or modify
				  any structure in a district drain, or approve the installation or modification
				  of any structure in a district drain, if the installation or modification
				  causes or aggravates a deviation from the formally established grade profile of
				  that district drain. An installation or modification is rebuttably presumed to
				  cause or aggravate a deviation from the formally established grade profile if
				  it raises the water level in a district drain, or slows the runoff of water
				  from upstream lands in the drainage district.
Note: A "formally established" grade profile is a grade
					 profile established by court order, or by the county drainage board under s.
					 ATCP
					 48.20 or
					 48.21. A person installing or
					 modifying a structure in a district drain may also need a permit from the state
					 of Wisconsin department of natural resources if the district drain has a
					 navigable stream history. See ss.
					 30.12,
					 30.18(2),
					 30.20,
					 31.02,
					 88.31
					 and
					 88.62(3),
					 Stats. See also ch. 31, Stats.
(2) TEMPORARY MODIFICATIONS. Subsection (1)
				  does not apply to any of the following which the county drainage board
				  undertakes or approves:
(a) A temporary
				  structure or modification that is reasonably necessary to protect the public
				  health, safety or welfare in an emergency.
(b) A temporary structure or modification
				  that is necessary for other lawful construction or maintenance operations under
				  this chapter.
(c) A temporary
				  structure or modification to provide essential crop irrigation during a drought
				  if all of the following apply:
1. The county
				  drainage board gives written notice of the proposed structure or modification
				  to every upstream landowner whose access to drainage [will] be affected. A
				  structure or modification is deemed to affect a landowner's access to drainage
				  if it impedes gravity flow of water from his or her land, through a real or
				  assumed drain, to any real or assumed outlet at the formally established
				  cross-section and grade profile of the district drain.
Note: A missing word is shown in brackets.
2. The county drainage board
				  resolves, to the satisfaction of the objecting landowner, every objection by an
				  upstream landowner who is entitled to notice under subd. 1.
Note: For example, a county drainage board may resolve a
					 landowner's objection, to the satisfaction of a landowner, by imposing
					 conditions under subd. 3 which protect the interests of that landowner.
3. The county drainage board
				  approves the structure or modification subject to written conditions that
				  reasonably protect the public interest and the interests of all landowners in
				  the drainage district.
Note: A landowner withdrawing water for irrigation may need
					 to obtain a permit from the state of Wisconsin department of natural resources
					 under s.
					 30.18(2)
					 (a) 2, Stats.
(d) A temporary structure or modification to
				  provide water for cranberry harvest, or for cranberry winter ice cover, if all
				  of the following apply:
1. The structure or
				  modification is installed for not more than 14 days for cranberry harvest, and
				  not more than 14 days for cranberry winter ice cover. The county drainage board
				  may, for good cause, extend a 14-day period for up to 7 more days at the
				  request of a cranberry grower.
2.
				  The county drainage board gives written notice of the proposed structure or
				  modification to every upstream landowner whose access to drainage will be
				  affected. A structure or modification is deemed to affect a landowner's access
				  to drainage if it impedes gravity flow of water from his or her land, through a
				  real or assumed drain, to any real or assumed outlet at the formally
				  established cross-section and grade profile of the district drain.
3. The county drainage board resolves, to the
				  satisfaction of the objecting landowner, every objection by an upstream
				  landowner who is entitled to notice under subd. 2.
4. The county drainage board approves the
				  structure or modification subject to written conditions that reasonably protect
				  the public interest and the interests of all landowners in the drainage
				  district.