reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter III - Inspecting drainage districts › Section ATCP 48.16 - Inspection after major storm

Current through June 24, 2024
(1) REQUIREMENT.
				  Within 3 weeks after a drainage district is affected by a storm that exceeds a
				  25-year 24-hour rainfall event for that county, the county drainage board or
				  its authorized employee or agent shall inspect the district drains and
				  corridors affected by the storm. The county drainage board shall inspect the
				  district drains and corridors to determine the nature and extent of any storm
				  damage, and to determine whether repairs are necessary. A 25-year 24-hour
				  rainfall event is the amount of rain received over a 24-hour period as shown in
				  Table 1.
TABLE 1
Probable 24-hour Rainfall Events, In Inches of rain,
					 for counties in Wisconsin
10-year
25-year
Adams
4.1
4.7
Ashland
3.9
4.3
Barron
4.1
4.6
Bayfield
3.9
4.4
Brown
3.7
4.3
Buffalo
4.3
4.8
Burnett
4.0
4.6
Calumet
3.8
4.4
Chippewa
4.1
4.7
Clark
4.1
4.7
Columbia
4.1
4.7
Crawford
4.3
5.0
Dane
4.2
4.8
Dodge
4.0
4.6
Door
3.6
4.1
Douglas
3.9
4.4
Dunn
4.2
4.7
Eau Claire
4.2
4.7
Florence
3.6
4.1
Fond du Lac
3.9
4.5
Forest
3.7
4.2
Grant
4.3
5.0
Green
4.2
4.8
Green Lake
4.0
4.6
Iowa
4.3
4.9
Iron
3.8
4.3
Jackson
4.2
4.8
Jefferson
4.0
4.6
Juneau
4.1
4.7
Kenosha
4.0
4.6
Kewaunee
3.7
4.2
LaCrosse
4.3
4.9
Lafayette
4.3
4.9
Langlade
3.8
4.3
Lincoln
3.9
4.4
Manitowoc
3.8
4.3
Marathon
4.0
4.5
Marinette
3.6
4.1
Marquette
4.1
4.6
Menominee
3.7
4.3
Milwaukee
3.9
4.5
Monroe
4.2
4.8
Oconto
3.7
4.2
Oneida
3.8
4.3
Outagamie
3.8
4.4
Ozaukee
3.9
4.4
Pepin
4.3
4.8
Pierce
4.2
4.8
Polk
4.1
4.7
Portage
4.0
4.5
Price
4.0
4.4
Racine
4.0
4.6
Richland
4.3
4.9
Rock
4.1
4.7
Rusk
4.1
4.6
St. Croix
4.2
4.7
Sauk
4.2
4.8
Sawyer
4.0
4.5
Shawano
3.8
4.4
Sheboygan
3.8
4.4
Taylor
4.1
4.6
Trempealeau
4.3
4.8
Vernon
4.3
4.9
Vilas
3.8
4.3
Walworth
4.1
4.6
Washburn
4.0
4.5
Washington
3.9
4.5
Waukesha
4.0
4.6
Waupaca
3.9
4.5
Waushara
4.0
4.6
Winnebago
3.9
4.5
Wood
4.1
4.6
Note: The data of table 1 were obtained by extrapolation
					 from maps published by the National Weather Service in Technical Paper No. 40,
					 "Rainfall Frequency Atlas of the United States."
(2) INSPECTION REPORT. A county drainage
				  board shall prepare a report summarizing the results of its storm inspection
				  under sub. (1). The report shall identify any significant storm damage
				  identified in the inspection, and shall indicate how the board plans to repair
				  the damage. The county drainage board shall file a copy of its storm inspection
				  report with the department when the county drainage board files its annual
				  report under s.
				  ATCP 48.14.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter III - Inspecting drainage districts › Section ATCP 48.18 - Department review and action

Current through June 24, 2024
(1) The department
				  shall review inspection reports submitted by county drainage boards under this
				  subchapter.
(2) The department may
				  do any of the following which the department considers necessary:
(a) Inspect and copy county drainage board
				  records, or issue an order under s.
				  ATCP 48.52
				  requiring a county drain age board to file with the department a copy of any
				  record or report required under this chapter.
(b) Conduct inspections or other
				  investigations to verify the findings made or reported by a county drainage
				  board.
(c) Issue an order under s.
				  ATCP 48.52
				  requiring a county drain age board to file a specific maintenance or repair
				  plan. As part of the maintenance or repair plan, the department may require the
				  county drainage board to include engineering specifications, specifications for
				  the deposition of dredged materials, a financing plan and other relevant
				  information.
(d) Issue an order
				  under s.
				  ATCP 48.52
				  which prohibits the construction or alteration of a district drain or corridor
				  if the construction or alteration violates this chapter.
(e) Issue an order under s.
				  ATCP 48.52
				  which requires a county drainage board to comply with applicable requirements
				  under this chapter.
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 48.20 - Drainage district specifications

Current through June 24, 2024
(1) SPECIFICATIONS
				  REQUIRED. By December 31, 2000, every county drainage board shall adopt
				  complete specifications for each drainage district under that board's
				  jurisdiction. The department shall approve the specifications before the county
				  drainage board adopts them. The specifications shall include all of the
				  following:
(a) A map which clearly and
				  accurately shows all of the following:
1. The
				  boundaries of the drainage district, as last confirmed by the circuit court or
				  as last revised by the county drainage board under ss.
				  88.77
				  to
				  88.80,
				  Stats.
Note: If the existing boundary of a drainage district is
					 not clearly documented by a circuit court order, or by a county drainage board
					 order under ss.
					 88.77
					 to
					 88.80,
					 Stats., the county drainage board should clarify that boundary by appropriate
					 procedures under ss.
					 88.77
					 to
					 88.80,
					 Stats. See s.
					 ATCP
					 48.21(1).
2. The intended alignment and extent of every
				  district drain. If private drains are connected to district drains, the map
				  shall clearly identify which drains, or portions of drains, are district
				  drains.
3. The intended location
				  and width of every district corridor required under s.
				  ATCP
				  48.24.
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 48.21 - Changing drainage district specifications

Current through June 24, 2024
(1) CHANGING A
				  DRAINAGE DISTRICT BOUNDARY.
(a) A county
				  drainage board may not change any drainage district boundary except by
				  applicable procedures specified under ss.
				  88.77
				  to
				  88.80,
				  Stats.
Note: If the existing boundary of a drainage district is
					 not clearly documented by a circuit court order, or by a county drainage board
					 order under ss.
					 88.77
					 to
					 88.80,
					 Stats., the county drainage board should clarify that boundary by appropriate
					 procedures under ss.
					 88.77
					 to
					 88.80,
					 Stats.
(b) Whenever a
				  county drainage board changes any drainage district boundary pursuant to ss.
				  88.77
				  to
				  88.80,
				  Stats., the county drainage board shall file a record of the change with the
				  department, the county zoning administrator and the county register of deeds.
				  The record shall include all of the following:
1. A revised map of the drainage district,
				  showing the new boundary.
2. Proof
				  of compliance with par.(a).
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 48.22 - Construction and maintenance; general

Current through June 24, 2024
(1) REQUIREMENT. A
				  county drainage board shall design, construct, maintain, repair and restore
				  district drains and corridors in compliance with this subchapter.
(2) COMPLIANCE PLAN. A county drainage board
				  shall file with the department, by December 31, 2001, a plan showing how the
				  county drainage board intends to bring district drains and corridors under its
				  jurisdiction into compliance with this subchapter. The county drainage board
				  shall file a separate plan for each drainage district in the county. The plan
				  shall include all of the following:
(a) A
				  professionally drawn map of the drainage district, showing all district drains.
				  The map shall clearly identify the relevant features of the drainage district,
				  including municipal and other connections to district drains, significant
				  structures such as dams, and the location of existing spoil deposits.
(b) A restoration plan that identifies all of
				  the following:
1. Drain segments that no
				  longer conform to formally established cross-sections, grade profiles or
				  alignments.
2. A priority sequence
				  and schedule for restoring noncomplying drains to their formally established
				  cross-sections, grade profiles and alignments.
3. An estimate of the amount of material to
				  be removed from each drain scheduled for restoration.
4. The intended disposition of removed
				  materials, including the locations at which the materials will be
				  deposited.
5. The projected costs
				  of restoration, and a plan for financing those costs.
(c) A repair and maintenance plan that
				  includes all of the following:
1. A plan for
				  routine maintenance of drainage structures.
2. A plan for maintaining district corridors
				  and controlling woody vegetation in those corridors.
3. A plan for special repair and maintenance
				  projects, if any.
4. The projected
				  costs of repair and maintenance, and a plan for financing those
				  costs.
(d) A plan for
				  controlling soil erosion and runoff in the drainage district. The plan shall
				  include the estimated cost to implement the plan.
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 48.24 - District corridors

Current through June 24, 2024
(1) CORRIDOR REQUIRED. A county drainage
				  board shall establish and maintain a district corridor around every district
				  ditch. The county drainage board shall maintain the district corridor, in
				  compliance with this subchapter, for all of the following purposes:
(a) To provide effective access for the
				  county drainage board and its agents, and for their vehicles and equipment,
				  over the entire length of the district ditch.
(b) To provide a buffer against land uses
				  which may adversely affect water quality in the district ditch.
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 48.26 - District drains; design, construction and maintenance

Current through June 24, 2024
(1) DRAINAGE
				  CAPACITY. Every district drain constructed after July 1, 1995 shall be designed
				  and constructed so that it is capable of removing the volume of water from a
				  10-year 24-hour rainfall event within 48 hours after that rainfall event. For
				  each county, a 10-year 24-hour rainfall event is the amount of rain shown in
				  table 1 falling in 24 hours.
(2)
				  DITCH STABILITY.
(a) A county drainage board
				  shall design and construct every district ditch, including the ditch bed,
				  banks, and related structures such as culverts, bridges and inlets, so that the
				  ditch will remain stable when subjected to a 10-year peak discharge under sub.
				  (1). A district ditch is not required to contain the entire volume of water
				  from the peak discharge. The stability standard under this paragraph does not
				  apply to a district ditch or related structure constructed prior to July 1,
				  1995.
(b) A county drainage board
				  shall repair and maintain every district ditch, as necessary, to restore and
				  maintain the stability of that ditch.
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 48.28 - Controlling woody vegetation

Current through June 24, 2024
(1) REQUIREMENT.
				  Except as provided under sub. (2), a county drainage board shall control the
				  growth of woody vegetation in district ditches and corridors to ensure
				  effective drainage and effective access for inspection, maintenance and repair.
				  A county drainage board may control woody vegetation by one or more of the
				  methods specified under sub. (3).
(2) EXCEPTION. A county drainage board may
				  allow the growth of woody vegetation in portions of a district corridor,
				  provided that the woody vegetation does not interfere with effective access to
				  district drains. A county drainage board, when deciding whether to allow the
				  growth of woody vegetation, shall consider how the woody vegetation may affect
				  the cost of maintaining and cleaning district drains. Any portions of a
				  corridor left in woody vegetation shall be maintained under a resource
				  conservation plan developed in cooperation with the county land conservation
				  department or the United States natural resources conservation service.
Note: In some parts of a district corridor, woody
					 vegetation may have important value as wildlife habitat, or for controlling
					 soil erosion. Ordinarily, ditches are not subject to local shoreland or wetland
					 zoning ordinances. However, in a small number of situations, where ditches are
					 considered natural navigable streams, local ordinances may limit the cutting of
					 woody vegetation. See s.
					 281.31(2m),
					 Stats., and chs.
					 NR 115 and
					 117.
(3) METHODS FOR CONTROLLING WOODY VEGETATION.
				  A county drainage board may use any of the following methods to control the
				  growth of woody vegetation in a district ditch or corridor:
(a) Mowing. A county drainage board may mow a
				  district ditch or corridor to control the growth of woody vegetation. Mowing
				  may include hand cutting where necessary. If only mowing is used to control the
				  growth of woody vegetation in a district ditch or corridor, the county drainage
				  board shall mow the ditch or corridor at least once every 5 years, and more
				  often if necessary.
(b) Pesticide
				  applications. A county drainage board may apply pesticides to control the
				  growth of woody vegetation in a district ditch or corridor. Pesticides shall be
				  applied according to label directions, and in compliance with ch. ATCP 29 and
				  other applicable state and federal laws and regulations.
(c) Burning. Subject to applicable local
				  regulations, a county drainage board may use controlled burning to control the
				  growth of woody vegetation in a district ditch or corridor.
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 48.30 - Controlling soil erosion and runoff

Current through June 24, 2024
(1) GENERAL. A
				  county drainage board shall take appropriate measures to minimize soil erosion
				  and the movement of suspended solids into district drains. A county drainage
				  board may monitor water in district drains to determine the amounts and sources
				  of suspended solids in the water.
(2) CORRIDORS AND DRAINS. A county drainage
				  board shall design, construct and maintain district drains and corridors to
				  minimize soil erosion and the movement of suspended solids into district
				  drains.
Note: Erosion control methods are described in the
					 "Wisconsin construction site best management practices handbook" which is
					 available for viewing at the county land conservation department, or for
					 purchase from the Wisconsin department of administration, document sale
					 division, 4622 University Avenue, Madison, WI 53705-2156.
(3) VEGETATIVE COVER.
(a) A county drainage board shall maintain
				  effective vegetative cover, or equally effective erosion control practices, in
				  every district ditch and corridor. When ditch banks are planted with vegetation
				  to stabilize those banks, the plant variety or seed mixture shall be one of
				  those listed in the United States department of agriculture natural resources
				  conservation service technical guide, critical area planting standard 342, 1985
				  edition, including supplements through 1988. The application rate shall also
				  conform to critical area planting standard 342. If construction or maintenance
				  activities disturb the vegetative cover in a district ditch or corridor, the
				  drainage board shall promptly replant the disturbed area to restore an
				  effective vegetative cover.
Note: The United States department of agriculture natural
					 resource conservation service technical guide is on file with the department,
					 the secretary of state and the legislative reference bureau. Copies of
					 individual standards may be obtained from the United States department of
					 agriculture natural resources conservation service field offices and from
					 county land conservation department offices.
(b) A county drainage board may permit land
				  uses in district corridors that provide effective vegetative cover and erosion
				  control.
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 48.32 - Deposition of materials

Current through June 24, 2024
(1) Materials dredged or excavated in
				  connection with the construction, restoration, repair or maintenance of
				  district drains may be spread on land or placed in piles according to this
				  section. Berms, levees and other depositions in a district corridor shall
				  comply with this section.
Note: The deposition of dredged or excavated material may
					 be subject to additional restrictions under federal, state and local
					 laws.
(2) The deposition of
				  excavated materials, whether by land spreading or piling, shall conform as
				  nearly as practicable to the american society of agricultural engineers
				  engineering practice number 407.1, section 5, as reconfirmed in December, 1996.
Note: Copies of ASAE EP 407.1, section 5 are on file with
					 the department and the legislative reference bureau. Copies may be obtained
					 from the department. A county drainage board may also contact the United States
					 department of agriculture natural resources conservation service or the army
					 corps of engineers for technical assistance related to the deposition of
					 removed materials. The department can provide the addresses of these
					 agencies.
(3) If dredged or
				  excavated materials are spread on land, the materials shall be graded and
				  smoothed to blend into cultivated lands. The surface slope of the spread
				  materials shall not exceed a slope of 8:1. Spread materials may not be more
				  than 2 feet deep at the top of a ditch bank.
Note: See Figure 1.
(4) No portion of a pile of dredged or
				  excavated materials may be closer than 12 feet to the top of a ditch bank.
				  Materials shall be piled at a stable angle of repose for those materials. No
				  slope of any pile may exceed a slope of 2:1.
(5) No dredged or excavated material may be
				  placed in a wetland except in compliance with applicable federal, state and
				  local permit requirements.
Note: Figure 1, which is based on ASAE EP 407.01, section
					 5, illustrates the requirements of this section:
See
					 Image
Figure 1. Methods of Material Disposal
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 48.34 - Construction projects and drainage alterations; department approval required

Current through June 24, 2024
(1)
				  REQUIREMENT. Except as provided in sub. (2), a county drainage board may not do
				  any of the following without the department's written approval:
(a) Construct or modify any district drain,
				  or authorize any person to construct or modify a district drain.
(b) Install or modify any structure in a
				  district drain, or authorize any person to install or modify any structure in a
				  district drain.
(c) Authorize any
				  person to connect a private drain to a district drain.
(d) Take any action under s.
				  ATCP
				  48.20 or that changes 48.21 the formally established
				  cross-section, grade profile or alignment of a district drain, regardless of
				  whether that action involves any physical alteration to a district drain or
				  structure.
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 48.38 - Department approval or disapproval

Current through June 24, 2024
(1) APPROVING
				  DRAINAGE ALTERATIONS. The department may approve, disapprove, or conditionally
				  approve an action under s.
				  ATCP
				  48.34. The department may not approve any action under
				  s.
				  ATCP
				  48.34 that causes the cross-section, grade profile or
				  alignment of a district drain to deviate from the cross-section, grade profile
				  or alignment formally established for that drain, but may do any of the
				  following based on the county drainage board's application under s.
				  ATCP 48.36:
(a) Approve an action that formally
				  reestablishes the cross-section of a district drain.
(b) Approve an action that formally
				  reestablishes the alignment of a district drain if the department finds that
				  the county drainage board has complied with applicable requirements under s.
				  ATCP
				  48.21(4) (a) 1.
(c) Approve an action that formally
				  reestablishes the grade profile of a district drain if the department finds
				  that the county drainage board has complied with s.
				  ATCP
				  48.21(5) (a) 1. and 2.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VI - Landowner Rights and Responsibilities › Section ATCP 48.40 - Notice of landowner actions affecting drainage district

Current through June 24, 2024
(1) REQUIREMENT. A
				  landowner under sub. (2), including the state of Wisconsin or any county, town,
				  village or city, shall notify the county drainage board before undertaking any
				  action, including any change in land use, that will do any of the following:
(a) Alter the flow of water into or from a
				  district drain.
(b) Increase the
				  amount of soil erosion, or the movement of suspended solids to a district
				  drain.
(c) Affect the operation of
				  the drainage district, or the costs incurred by the drainage
				  district.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VI - Landowner Rights and Responsibilities › Section ATCP 48.42 - Removing lands from drainage district

Current through June 24, 2024
No landowner, including the state of Wisconsin or any
					 county, town, village or city, may do either of the following:
(1) Remove lands from inclusion in a drainage
				  district without obtaining the approval of the county drainage board under s.
				  88.80,
				  Stats.
(2) Disconnect a private
				  drain from a district drain, except with the approval of the county drainage
				  board.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VI - Landowner Rights and Responsibilities › Section ATCP 48.43 - Connecting private drains to district drains; extending private drains

Current through June 24, 2024
No person may do either of the following without written
					 approval from the county drainage board:
(1) Connect a private drain to a district
				  drain.
(2) Extend a private drain
				  that is currently connected to a district drain.
Under s.
						88.92(1),
						Stats., a county drainage board may approve the connection of private drains to
						district drains, or the extension of private drains from district drains, and
						may establish conditions for approval. Under s.
						88.92(2),
						Stats., a person who connects or extends a private drain, or removes a spoil
						pile, without drainage board approval is liable for damages incurred by the
						drainage district as a result of that action. "Damages" include payments that
						the drainage district would have received during the time that the illegal
						connection or extension existed if the territory drained by the illegal
						connection or extension had been subject to
						assessment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VI - Landowner Rights and Responsibilities › Section ATCP 48.44 - Obstructing or altering district drains

Current through June 24, 2024
(1) PROHIBITION.
				  Except as provided under sub. (2), no person may obstruct or alter a district
				  drain without prior written approval from the county drainage board.
(2) WITHDRAWING WATER; EXEMPTION. An owner of
				  land adjacent to a district drain may, without prior approval from the county
				  drainage board, withdraw water from a district drain and place an obstruction
				  in the district drain for that purpose while withdrawing that water if all of
				  the following apply:
(a) The landowner
				  notifies the county drainage board under s.
				  ATCP
				  48.40 before with drawing the water or placing the
				  obstruction in the district drain.
(b) The landowner obtains a permit from the
				  department of natural resources authorizing the withdrawal, if a permit is
				  required under s.
				  30.18(2)
				  (a) 2, Stats.
(c) The obstruction does not elevate the
				  water surface elevation in the district drain, at the point of the obstruction,
				  above the base flow elevation specified as part of the formally established
				  grade profile for that district drain.
(d) Neither the obstruction nor the
				  withdrawal of water reduces the base flow, in a district drain that has a
				  navigable stream history, below the minimum base flow which the state of
				  Wisconsin department of natural resources has established for that district
				  drain under s.
				  88.31,
				  Stats..
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 violation of par. (c)
					 "materially defeats the purposes of drainage" within the meaning of s.
					 88.93,
					 Stats.
(e) The withdrawal
				  does not injure any district drain, or make any district drain more susceptible
				  to injury. Injury to a district drain includes, for purposes of this paragraph,
				  any of the following:
1. Damage to any
				  structure in a district drain.
2.
				  The deposition of excavated materials in a district drain.
3. The weakening, undercutting or accelerated
				  erosion of any side bank in a district drain.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VI - Landowner Rights and Responsibilities › Section ATCP 48.45 - Landowner rights

Current through June 24, 2024
(1) ACTION TO ENFORCE COMPLIANCE.
(a) An owner of land in a drainage district
				  may file a written petition with the county drainage board asking the county
				  drainage board to do any of the following:
1.
				  Restore, repair, maintain or, if necessary, modify a district drain in order to
				  conform the drain to the cross-section, alignment or grade profile formally
				  established for that drain.
Note: Drain specifications are formally established by
					 court order, or by drainage board action under s.
					 ATCP
					 48.20 or
					 48.21. Deviations from formally
					 established specifications may effectively deprive landowners of drainage to
					 which they are legally entitled.
2. Remove an obstruction placed in a district
				  drain in violation of this chapter or ch. 88, Stats.
3. Correct a violation of this chapter or ch.
				  88, Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VII - Drainage District Records and Financial Management › Section ATCP 48.46 - Records required

Current through June 24, 2024
(1) ORDERS. A county drainage board secretary
				  and the county zoning administrator shall maintain in perpetuity a copy of
				  every order of the circuit court or the county drainage board that does any of
				  the following:
(a) Creates, modifies, suspends
				  or dissolves a drainage district. The record shall include maps or descriptions
				  showing the district boundaries affected by the order.
(b) Approves the construction, enlargement,
				  extension or modification of a district drain. The record shall include any
				  information describing cross-sections, grade profiles and alignments of drains
				  affected by the order.
(c) Confirms
				  or orders an assessment, supplemental assessment or reassessment of benefits,
				  damages or costs to landowners in a drainage district.
Note: Under s.
					 88.19(4) to
					 (7), Stats., the department may determine the
					 records required to be preserved regarding drainage districts.
(d) Formally establishes any
				  drainage district specifications under s.
				  ATCP
				  48.20 or
				  48.21.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VII - Drainage District Records and Financial Management › Section ATCP 48.48 - Care and inspection of records

Current through June 24, 2024
(1) RECORDS
				  ORGANIZED AND ACCESSIBLE. Records required under s.
				  ATCP 48.46 shall
				  be organized by drainage district, and shall be readily accessible for
				  inspection.
(2) DESTRUCTION OF
				  RECORDS; NOTICE. A county drainage board shall notify the department and the
				  state historical society in writing at least 60 days before the county drainage
				  board destroys any record identified under s.
				  ATCP 48.46. The
				  department or the state historical society may take custody of any records
				  proposed for destruction.
Note: See s.
					 88.19(4)
					 (d), Stats.
(3) DEPARTMENT MAY INSPECT RECORDS AND OBTAIN
				  COPIES. The department may inspect and copy any drainage district record kept
				  by a county drainage board, or by any person in this state, including any
				  record required under s.
				  ATCP 48.46. A
				  county drainage board shall, at the department's request, allow the department
				  to copy any drainage record kept by a county drainage board, including any
				  record kept under s.
				  ATCP 48.46. The
				  department shall retain a copy of any record obtained under this subsection and
				  shall deliver a copy to the county zoning administrator.
Note: See s.
					 88.19(5),
					 Stats.
(4) FILING RECORDS
				  WITH DEPARTMENT AND COUNTY ZONING ADMINISTRATOR. The secretary of the county
				  drainage board shall provide a copy of drainage board records under s.
				  ATCP 48.46(1) to
				  (4) that are created after July 1, 1995 to
				  the department and the county zoning administrator.
See s.
						88.19(5) to
						(7),
						Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VIII - Enforcement and Variances › Section ATCP 48.49 - Financial management

Current through June 24, 2024
(1) COUNTY TREASURER.
(a) Except as provided in sub. (2), the
				  county treasurer shall serve as the county drainage board treasurer pursuant to
				  s.
				  88.18,
				  Stats. The county treasurer shall comply with applicable requirements under ch.
				  88, Stats., and this chapter.
(b)
				  If the county treasurer serves as the county drainage board treasurer, 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, to
				  cover county costs identified under s.
				  88.18(1),
				  Stats. The county treasurer may not retain an amount that exceeds the amount
				  authorized under s.
				  88.18(1),
				  Stats.
Note: Section
					 88.18(1),
					 Stats., authorizes the county treasurer to deduct the following county costs
					 from the interest received on drainage district funds:
The county treasurer's cost to provide services to the
					 county drainage board.
The county zoning administrator's cost to maintain and
					 provide copies of drainage board records under s.
					 88.19,
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VIII - Enforcement and Variances › Section ATCP 48.50 - Investigations

Current through June 24, 2024
The department may investigate violations of this chapter.
					 The department may conduct a preliminary investigation under s.
					 93.16,
					 Stats., and may exercise its authority under ss.
					 93.14
					 and
					 93.15,
					 Stats., in support of any investigation. Pursuant to ss.
					 88.13
					 and
					 93.08,
					 Stats., the department or its agent may enter onto lands to inspect for
					 compliance with this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VIII - Enforcement and Variances › Section ATCP 48.52 - Compliance orders

Current through June 24, 2024
(1) AUTHORITY. The department may, without
				  prior notice or hearing, issue an order which does any of the following:
(a) Prohibits the construction or
				  modification of a district drain or corridor if the department finds that the
				  construction or modification violates this chapter. An order under this
				  paragraph shall specify the activity prohibited by the order, and shall specify
				  why that activity violates this chapter.
(b) Requires a county drainage board to file
				  with the department a specific maintenance and repair plan for a drainage
				  district.
(c) Requires a county
				  drainage board to file with the department a copy of any record or report
				  required under this chapter.
(d)
				  Requires a county drainage board to comply with applicable requirements under
				  this chapter.
Note: See s.
					 88.11(6) and
					 (7), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VIII - Enforcement and Variances › Section ATCP 48.54 - Hearing on compliance order

Current through June 24, 2024
(1) REQUEST FOR
				  HEARING. A person adversely affected by an order under s.
				  ATCP 48.52 may
				  request a hearing before the department to contest the order. A request may be
				  made orally, but the department may require the requester to confirm the
				  request in writing. A request for hearing does not automatically stay an order
				  issued under s.
				  ATCP
				  48.52.
(2)
				  INFORMAL HEARING.
(a) The department shall
				  hold an informal hearing as soon as reasonably possible after it receives an
				  oral or written hearing request under sub. (1), but not more than 10 days after
				  it receives the request, unless the requester agrees to a later date for an
				  informal hearing.
(b) The person
				  presiding at an informal hearing under par. (a) shall be a department employee
				  or official who was not personally involved in the investigation or decision to
				  issue the order under s.
				  ATCP 48.52, and
				  who is authorized to withdraw or modify the order as necessary. The informal
				  hearing shall be held by telephone or at a location determined by the
				  department.
(c) Within 2 business
				  days after the conclusion of the informal hearing, the presiding officer under
				  par. (b) shall issue a brief written memorandum which summarizes the informal
				  hearing, and any decision or action resulting from the informal hearing. A copy
				  of the memorandum shall be provided to the person requesting the hearing. The
				  memorandum shall include a notice of a person's right to request a formal
				  contested case hearing under sub. (3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter VIII - Enforcement and Variances › Section ATCP 48.56 - Variances

Current through June 24, 2024
The department may authorize a variance from any standard
					 or requirement under this chapter if the department finds that the variance is
					 consistent with the objectives of this chapter. A variance shall be issued in
					 writing. A variance may be issued by the administrator of the department's
					 division of agricultural resource management, or by a person designated in
					 writing by that division administrator. The department may not grant variances
					 from statutory requirements.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 48 - Drainage districts › Subchapter IX - Grants to County Drainage Boards › Section ATCP 48.60 - Grants to county drainage boards

Current through June 24, 2024
(1) GENERAL. From
				  the appropriation under s.
				  20.115(7)
				  (d), Stats., the department may award grants
				  to county drainage boards to help those boards comply with ch. 88, Stats., and
				  this chapter. The department shall award grants in each state fiscal year,
				  subject to available funding. A grant may reimburse a county drainage board for
				  up to 60 percent of the drainage board's costs to do any of the following:
Note: Section
					 20.115(7)
					 (d), Stats., was repealed by 2007 Wis. Act
					 20, and any future grants are contingent on a new appropriation.
(a) Develop and adopt drainage district
				  specifications required under s.
				  ATCP
				  48.20.
(b)
				  Reassess benefits in a drainage district. The reassessment shall comply with
				  ss.
				  ATCP
				  48.02 to
				  48.10.
(c) Develop and adopt drainage district
				  maintenance plans under s.
				  ATCP
				  48.22.
Note: A grant under par. (c) may be used only for
					 maintenance plans, not actual maintenance costs.
(d) Other eligible projects that the
				  department identifies in its annual request for grant proposals under sub.
				  (2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter I - Definitions and General Provisions › Section ATCP 49.01 - Definitions

Current through June 24, 2024
(1) "Accessory use" has the meaning given in
				  s.
				  91.01(1),
				  Stats.
Note:
A building, structure or improvement
					 that is an integral part of, or is incidental to, an agricultural use under s.
					 91.01(1)
					 (a) includes facilities
on the
					 farm
used to: store or process raw agricultural commodities primarily
					 produced on the farm, keep livestock, keep or service vehicles or equipment
					 primarily used on the farm, provide veterinary services to livestock on the
					 farm, or store or process inputs for agricultural uses primarily on the farm.
					 Such buildings and structures may also include greenhouses, roadside stands and
					 agricultural research facilities selling or utilizing agricultural products
					 produced primarily on the farm, as well as facilities to produce energy
					 primarily from the farm's products, or primarily for use on the farm, such as
					 wind turbines, solar energy structures, manure digesters, or bio-fuel
					 facilities. A waste storage or processing facility to store or process animal
					 waste produced on the farm may also be considered an accessory use.
Note:
An activity or business operation that
					 is an integral part of, or incidental to, an agricultural use under s.
					 91.01(1)
					 (b), Stats., could include activities such
					 as: direct sales from farm to customer, "you-pick" operations, crop mazes, and
					 agricultural tourism operations.
(2) "Agriculture-related use" means any of
				  the following:
(a) An agriculture-related use
				  as defined in s.
				  91.01(3),
				  Stats.
(b) A facility integral to
				  an agricultural use, regardless of whether the facility is located on a farm,
				  that relies on agricultural uses conducted primarily off-site.
Note:
These "agriculture-related uses" may
					 include facilities to: provide agricultural supplies, equipment, fertilizers,
					 pesticides or other agricultural inputs or services to farms; store, process,
					 handle, or market raw agricultural commodities; slaughter or process livestock
					 that were primarily kept off-site; or process agricultural by-products or
					 wastes produced primarily off-site. A manure digester, bio-fuel facility or
					 other facility that produces energy for use primarily off-site may also be
					 considered an agriculture-related use.
(c) A facility used for providing veterinary
				  services primarily to livestock, including the sale of supplies and
				  pharmaceuticals related to animal husbandry.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter II - Farmland Preservation Plans › Section ATCP 49.10 - Farmland preservation plan certification

Current through June 24, 2024
(1) CERTIFICATION
				  EXPIRATION. The certification of a farmland preservation plan expires on the
				  date provided in the most recent certification of the plan or its amendment,
				  or, if the certification does not provide an expiration date, on the date
				  provided under s.
				  91.14,
				  Stats. If a county with an expired plan does not obtain certification of a
				  farmland preservation plan by December 31 of the year following the
				  certification expiration date of the plan, the department may withdraw
				  certification of any zoning ordinances within the county under the procedures
				  in s.
				  ATCP
				  49.29, effective on December 31 of the year following
				  the year of plan expiration.
Note:
If a county plan expires on December 31,
					 2014, the county has until December 31, 2015, to obtain certification of the
					 plan by the department. If the plan is not certified by the department by
					 December 31, 2015, the department may withdraw certification of any zoning
					 ordinances in the county, effective December 31, 2015. Under s.
					 71.613(1)
					 (h) 2, Stats., the landowners with land in
					 these farmland preservation zoning districts could not claim tax credits on
					 those lands for the tax year 2015, since certification must be in effect on the
					 last day of the calendar year in order for a plan to be considered certified.
					 The county is not precluded from seeking future certification of its farmland
					 preservation plan.
(2)
				  CERTIFICATION EXPIRATION EXTENSION. The secretary may delay the expiration date
				  of the certification of a county's farmland preservation plan for up to 2 years
				  upon a written request from the county demonstrating to the secretary's
				  satisfaction that a delay would allow the county to coordinate the farmland
				  preservation planning process with other planning or zoning efforts in the
				  county.
(3) AMENDMENTS AND
				  CERTIFICATION. If, after July 1, 2009, a county amends a farmland preservation
				  plan in accordance with s.
				  66.1001(4),
				  Stats., the amendment shall be submitted to the department for
				  certification.
Under s.
						91.16(8),
						Stats., amendments are not effective unless certified by the department.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 49 - Farmland Preservation › Subchapter II - Farmland Preservation Plans › Section ATCP 49.12 - Certification standards

Current through June 24, 2024
The department may certify a county's farmland preservation
					 plan under s.
					 91.16,
					 Stats., if that plan complies with the requirements in s.
					 91.10(1) and
					 (2), Stats., and all of the following:
(1) RATIONALE.
(a) The farmland preservation plan shall
				  describe the rationale used to determine which areas the county plans to
				  preserve for agricultural use and agriculture-related use. The rationale shall
				  be based on objective criteria related to the characteristics of the land
				  parcels themselves, including consideration of all of the following criteria:
1. Whether the soils are suitable for
				  agricultural production.
2. Whether
				  the land has historically been used for agricultural use or agriculture-related
				  use.
3. Whether the land is in
				  close proximity to agricultural infrastructure.
4. Whether the land is in undeveloped natural
				  resource or open space areas that connect other farmland parcels to create a
				  large, uninterrupted block of preserved area.
5. Whether the land may be under some
				  development pressure but the land is not located in an area the county plans
				  for development in the next 15 years.
Note:
The criteria listed above are all
					 land-based considerations that may or may not be relevant in the county. Other
					 factors may also be considered such as availability of supporting
					 infrastructure or presence of protected land.