ATCP 48.02 Note
Note: If a private drain is extended or modified without approval, the county drainage board may also issue an order against the offending landowner or initiate an action for damages under s.
88.92, Stats. Alternatively, a county drainage board may annex the newly drained land under s.
88.78, Stats., and may assess the newly drained land according to s.
88.405, Stat.
ATCP 48.02(4)(b)
(b) If, contrary to
sub. (2) (c), a construction cost assessment under
par. (a) will exceed the last confirmed assessment of benefits for the assessed parcel of land, the county drainage board may order a higher assessment of benefits for that land under
s. ATCP 48.06 (2). The assessment of benefits may be increased by the full amount needed to accommodate the construction cost assessment under
par. (a).
ATCP 48.02(4)(c)2.
2. Construction costs incurred by a drainage district because the county drainage board has failed to comply with this chapter.
ATCP 48.02(5)
(5) Assessing costs to state and municipal lands in a drainage district. ATCP 48.02(5)(a)(a) A county drainage board may levy cost assessments against agricultural lands in a drainage district that are owned by the state of Wisconsin, but may not levy cost assessments against other lands owned by the state.
ATCP 48.02 Note
Note: See s.
88.50, Stats.
ATCP 48.02(5)(b)
(b) A county drainage board may levy cost assessments against lands in a drainage district that are owned by a county, town, village or city.
ATCP 48.02 Note
Note: See s.
88.48, Stats. Under s.
88.01 (11), Stats., "lands" include public streets and highways.
ATCP 48.02 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95;
am. (3),
Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.04
ATCP 48.04 Recovering costs from lands outside a drainage district. ATCP 48.04(1)(1)
General. Except as provided under
subs. (2) and
(3), a county drainage board may not levy a cost assessment on behalf of a drainage district against lands located outside the drainage district, but may do any of the following:
ATCP 48.04(1)(a)
(a) Refuse to permit the connection of a private drain to a district drain, except as provided under s.
88.93, Stats.
ATCP 48.04 Note
Note: See s.
88.92, Stats.
ATCP 48.04(1)(b)
(b) Initiate an action at law to recover damages, authorized by law, that are sustained by a drainage district as a result of an action or omission by an owner of land located outside the district.
ATCP 48.04(1)(c)
(c) Enter into an agreement with any person under which that person agrees to compensate the drainage district for costs incurred by the drainage district because that person's private drain is connected to a district drain.
ATCP 48.04(1)(d)
(d) Order the annexation, to a drainage district, of lands outside the district that benefit from the operation of any district drain.
ATCP 48.04 Note
Note: See s.
88.78, Stats.
ATCP 48.04(2)
(2) Cost assessments against another drainage district. A county drainage board may levy cost assessments against a drainage district for the benefit of another drainage district.
ATCP 48.04 Note
Note: See ss.
88.49 and
88.69, Stats.
ATCP 48.04(3)
(3) Assessments against municipalities for enlargement or maintenance of drains. A county drainage board may levy cost assessments against a municipality with territory upstream from any drain for any costs of enlarging or maintaining the drain that are attributable to increased water flow from land within the municipality.
ATCP 48.04 Note
Note: See s.
88.64, Stats.
ATCP 48.04 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.06
ATCP 48.06 Assessing benefits to lands in a drainage district. ATCP 48.06(1)(1)
Initial assessment of benefits. When a drainage district is created, a county drainage board shall assess the benefits accruing from the drainage district to each parcel of land in the drainage district. The county drainage board shall assess benefits according to
ch. 88, Stats., and this section. The drainage board's assessment of benefits shall provide the basis for the drainage board's allocation of cost assessments under
s. ATCP 48.02 (3).
ATCP 48.06 Note
Note: See ss.
88.35 and
88.36, Stats.
ATCP 48.06(2)(a)(a) If a county drainage board determines that the last confirmed assessment of benefits for a drainage district no longer reflects the actual current benefits to parcels of land in that drainage district, the county drainage board may, after public hearing, issue an order reassessing benefits. A county drainage board may reassess benefits based on land use changes, the construction of new or modified district drains, the subdivision of lands, or other factors affecting the allocation of benefits to landowners.
ATCP 48.06 Note
Note: A reassessment under par. (a) should adjust all assessed benefits in the district, as necessary, to correct any inequities and injustices found by the board. The adjustment need not be proportional to the former confirmed benefits. See s.
88.46 (2), Stats.
ATCP 48.06(2)(b)
(b) A county drainage board may reassess benefits under
par. (a) on its own motion, or in response to a petition from landowners under s.
88.46, Stats. A reassessment of benefits provides the basis for any subsequent allocation of cost assessments under
s. ATCP 48.02 (3).
ATCP 48.06 Note
Note: A landowner petition filed with the drainage board under s.
88.46, Stats., must be signed by at least 1/10 of the owners of land in a drainage district, or by the owners of at least 1/10 of the land in a drainage district.
ATCP 48.06(3)(a)(a) Except as provided under
par. (b), a county drainage board shall assess benefits to agricultural lands according to
s. ATCP 48.08, and shall assess benefits to nonagricultural lands according to
s. ATCP 48.10.
ATCP 48.06(3)(b)
(b) In lieu of an assessment method specified under
s. ATCP 48.08 or
48.10, a county drainage board may adopt an equitable method of assessment which is approved by the owners of at least two-thirds of the assessed lands in the district. The landowners' approval shall be confirmed in a written agreement signed by the approving landowners.
ATCP 48.06(4)
(4) Protected wetlands excluded from assessment. A county drainage board may not assess benefits under this section to wetlands that are legally protected against drainage.
ATCP 48.06 Note
Note: For purposes of this subsection, “legally protected" wetlands means wetlands that are all of the following:
ATCP 48.06 Note
(1) Located outside the district corridor.
ATCP 48.06 Note
(2) Clearly described by means of a survey, map, aerial photograph or other document that indicates the size and location of the wetlands.
ATCP 48.06 Note
(3) Formally protected from drainage by at least one of the following means:
ATCP 48.06 Note
(a) A deed restriction.
ATCP 48.06 Note
(b) Enrollment in the federal wetlands reserve program, the federal water bank program, or another federal, state or county program that clearly protects the wetlands from drainage for a term of at least 10 years.
ATCP 48.06 Note
(c) A recorded easement for a term of at least 10 years.
ATCP 48.06 Note
(d) A master plan, approved by the Wisconsin board of natural resources, covering land owned by the Wisconsin department of natural resources.
ATCP 48.06(5)
(5) Benefits related to extension of private drain. When assessing benefits to a parcel of land in a drainage district, a county drainage board may include any benefits accruing to lands outside the district which drain to district drains because a private drain has been extended from the assessed parcel to those outside lands.
ATCP 48.06 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.08
ATCP 48.08 Assessing benefits to agricultural lands. ATCP 48.08(1)(1)
Factors considered. When assessing benefits to agricultural lands in a drainage district, a county drainage board shall consider all of the following factors:
ATCP 48.08(1)(a)
(a) The estimated increase in land value resulting from drainage. When estimating an increase in land value, a county drainage board may consider the current and potential uses of the land, taking into account any deed restrictions, easements, restrictive covenants, or other use limitations recorded with the county register of deeds. A potential use does not include a use that is prohibited by law.
ATCP 48.08(1)(b)
(b) The type, depth, quality and character of surface soil and subsoil on the assessed land, and the depth of the water table on that land.
ATCP 48.08 Note
Note: Soils with high water tables normally receive the greatest benefit from drainage.
ATCP 48.08(1)(c)
(c) The amount of drainage required by, or provided to the assessed land.
ATCP 48.08(1)(g)
(g) Other factors which the county drainage board considers relevant.
ATCP 48.08 Note
Note: Information relevant to the assessment of benefits may be obtained from a variety of sources including soil survey reports, aerial photographs, topographic maps, cropping histories, wetland maps, maps of original benefitted acres, interviews with individual landowners and on-site investigations.
ATCP 48.08(2)
(2) Benefits assessed by 40-acre parcels. Benefits to agricultural lands shall be assessed parcel by parcel, with each parcel being not larger than 40 acres. If a landowner's parcel is larger than 40 acres, benefits shall be assessed for sub-parcels that are not larger than 40 acres each.
ATCP 48.08 Note
Note: See s.
88.35, Stats.
ATCP 48.08(3)
(3) Acreage excluded from assessment. A county drainage board shall exclude the following acreage from any assessment of benefits under this subchapter:
ATCP 48.08(3)(a)
(a) Acreage in a district corridor unless the county drainage board authorizes the landowner, under
s. ATCP 48.24 (5), to engage in row cropping in the district corridor.
ATCP 48.08(3)(b)
(b) Acreage permanently lost to the landowner because of the construction, restoration or maintenance of district drains or corridors, or the deposition of materials excavated in connection with that construction, restoration or maintenance.
ATCP 48.08(4)
(4) Land use categories. When estimating land values under
sub. (1) (a), a county drainage board may consider any of the following land use categories or other categories which the county drainage board considers appropriate:
ATCP 48.08(4)(c)
(c) Cropland, including dryland cropland, pasture, irrigated cropland or cranberry cropland.
ATCP 48.08(4)(d)
(d) Abandoned cropland, including former agricultural land not currently used for agricultural, residential or commercial purposes.
ATCP 48.08(4)(f)
(f) Wetlands, including soils with standing water that have no significant agricultural value.
ATCP 48.08(5)
(5) Drainage assumptions. When estimating land values associated with a potential use, a county drainage board may assume that the drained lands have access to an outlet at the formally established grade profile and cross-section, and that the necessary on-site drainage facilities are installed to permit the potential use.
ATCP 48.08 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (a) and (b), r. (1) (g), renum. (1) (h) to be (1) (g), cr. (3) to (5),
Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.10
ATCP 48.10 Assessing benefits to nonagricultural lands. ATCP 48.10(1)(1)
Factors considered. When assessing benefits to nonagricultural lands in a drainage district, a county drainage board may consider all the factors specified for agricultural lands under
s. ATCP 48.08 (1). The county drainage board may also consider the extent and frequency of additional discharges from the nonagricultural lands to district drains, and the drainage district's cost to accommodate those additional discharges. Additional discharges may include additional discharges of stormwater, wastewater, or precipitation runoff from impermeable surfaces.
ATCP 48.10 Note
Note: The county drainage board may also assess upstream municipalities for costs of enlarging or maintaining drains that are attributable to increased water flow from the municipality. See s.
88.64, Stats., and s.
ATCP 48.04 (3).
ATCP 48.10(2)
(2) Allocating assessments. A county drainage board may assess benefits to nonagricultural lands, including rural subdivisions or individual rural residences, based on a flat amount per lot, per acre, or per building or residence.
ATCP 48.10 Note
Note: See s.
88.35, Stats.
ATCP 48.10 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.12(1)
(1) Pursuant to s.
88.13, Stats., a member of a county drainage board or an employee or other authorized agent of a county drainage board may enter any lands in a drainage district to perform an inspection under this subchapter, or to perform any other inspection of a district drain or corridor.
ATCP 48.12 Note
Note: A county drainage board may authorize a landowner in a drainage district to make an inspection as an agent of the board. See s.
88.63 (1m), Stats.
ATCP 48.12(2)
(2) Before a county drainage board or its agent performs an inspection on private lands, other than in a district corridor under
s. ATCP 48.24, the county drainage board or its agent shall notify the landowner of the inspection. Notice may be given in person, by telephone, by mail or, if the landowner is not available, by posting notice at a conspicuous location at an entrance to the land. Notice under this section is adequate if given at any time prior to entry.
ATCP 48.12(3)
(3) A county drainage board may employ or contract with any person to perform an inspection on behalf of the county drainage board.
ATCP 48.12 Note
Note: Section
88.20, Stats., prohibits conflicts of interest by members of a county drainage board. See also s.
946.13, Stats.
ATCP 48.12 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.14(1)
(1)
Requirement. A county drainage board or its authorized employee or agent shall annually inspect every drainage district. The inspection shall include an inspection of all district drains and district corridors, and shall determine all of the following:
ATCP 48.14(1)(a)
(a) Whether district drains are being maintained in compliance with this chapter.
