ATCP 48.34(1)
(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:
ATCP 48.34(1)(a)
(a) Construct or modify any district drain, or authorize any person to construct or modify a district drain.
ATCP 48.34(1)(b)
(b) Install or modify any structure in a district drain, or authorize any person to install or modify any structure in a district drain.
ATCP 48.34(1)(c)
(c) Authorize any person to connect a private drain to a district drain.
ATCP 48.34(1)(d)
(d) Take any action under
s. ATCP 48.20 or
48.21 that changes 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.
ATCP 48.34(2)
(2) Exemptions. Subsection (1) does not apply to any of the following:
ATCP 48.34(2)(a)
(a) Actions, such as routine maintenance or repair projects, that do not cause or aggravate any deviation from the formally established cross-section, grade profile or alignment of a district drain. An action is rebuttably presumed to cause or aggravate a deviation from a formally established grade profile if it raises the water level in a district drain or slows the runoff of water from lands in the drainage district.
ATCP 48.34 Note
Note: A restoration project is exempt under par. (b) only to the extent that it is confined within the formally established cross-section, grade profile and alignment of a district drain, and does not go beyond those formally established specifications. See definition of “restoration project" under s.
ATCP 48.01 (21).
ATCP 48.34 Note
Note: A county drainage board should consult with the department to determine whether a particular county drainage board action requires department approval under this section. A county drainage board may seek the department's advice or assistance regarding any proposed construction, repair, restoration or maintenance action, regardless of whether the action requires the department's approval under this section. A county drainage board should consult with the department at the early planning stage to facilitate timely assistance and, if necessary, timely approval. A county drainage board may not deviate from approved project specifications without the department's approval.
ATCP 48.34 Note
A person may need to obtain a permit from the state of Wisconsin department of natural resources before undertaking a construction or restoration project in a district drain which 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.
ATCP 48.34 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95; r. and recr.
Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.36(1)
(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:
ATCP 48.36(1)(a)
(a) District name or number. The name or number, or proposed name or number, of the drainage district.
ATCP 48.36(1)(b)
(b) Proposed action. A statement describing the proposed action.
ATCP 48.36(1)(c)
(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.
ATCP 48.36(1)(d)
(d) Persons requesting action. The persons, if any, who are asking the county drainage board to take the proposed action.
ATCP 48.36(1)(e)
(e) Estimated cost. The estimated cost of the proposed action, including any damage awards to landowners who will be adversely affected.
ATCP 48.36(1)(f)
(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.
ATCP 48.36(1)(g)
(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:
ATCP 48.36(1)(g)4.
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.
ATCP 48.36(1)(g)5.
5. The identity and location of any affected building, transportation corridor or utility easement.
ATCP 48.36(1)(h)
(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:
ATCP 48.36(1)(h)1.
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.
ATCP 48.36(1)(h)2.
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.
ATCP 48.36(1)(h)3.
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.
ATCP 48.36(1)(i)
(i) Construction plan. A construction plan, if applicable, including all of the following:
ATCP 48.36(1)(i)3.
3. A plan for depositing removed material, if any, including the location and configuration of any deposits.
ATCP 48.36(1)(j)
(j) Notice and public hearing. A statement that the county drainage board has complied with the notice and public hearing requirement under
sub. (2).
ATCP 48.36(1)(k)
(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:
ATCP 48.36(1)(k)1.
1. The cross-section, grade profile or alignment which the county drainage board proposes to change.
ATCP 48.36(1)(k)2.
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.
ATCP 48.36(1)(L)
(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.
ATCP 48.36(1)(m)
(m) Financing plan. The drainage board's plan for financing the proposed action, including any proposed cost assessments to lands in the drainage district.
ATCP 48.36(1)(n)
(n) Environmental effects. An assessment of how the proposed action may affect the human and natural environment, including effects on all of the following:
ATCP 48.36(1)(o)
(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.
ATCP 48.36(2)
(2) County drainage board; notice and hearing on proposed action. Before a county drainage board submits an application to the department under
sub. (1), it shall do all of the following:
ATCP 48.36(2)(a)
(a) Publish a hearing notice and hold a public hearing on the proposed action. The notice and hearing shall comply with applicable requirements under s.
88.05 and
88.065, Stats. The hearing notice shall clearly describe the proposed action.
ATCP 48.36(2)(b)
(b) Give members of the public at least 30 days, following the public hearing under
par. (a), to comment on the proposed action.
ATCP 48.36(3)
(3) Copies filed with other agencies. Whenever a county drainage board files an application with the department under
sub. (1), the county drainage board shall simultaneously file copies of the application with all of the following:
ATCP 48.36(3)(f)
(f) The county highway committee if the proposed action may affect a public highway.
ATCP 48.36(4)
(4) Additional information. The department may require a county drainage board to file additional information, as necessary, before approving or disapproving an application under
sub. (1).
ATCP 48.36 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95;
r. and recr.
Register, August, 1999, No. 524, eff. 9-1-99; correction in (1) (g) 4. made under s. 13.93 (2m) (b) 7., Stats.,
Register January, 2002 No. 553;
corrections in (1) (h) 1. to 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688. ATCP 48.38
ATCP 48.38 Department approval or disapproval. ATCP 48.38(1)(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:
ATCP 48.38(1)(a)
(a) Approve an action that formally reestablishes the cross-section of a district drain.
ATCP 48.38(1)(b)
(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.
ATCP 48.38(1)(c)
(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.
ATCP 48.38(2)
(2) Deadline for approval or disapproval. Within 45 days after a county drainage board files a complete application under
s. ATCP 48.36, including any additional information which the department requests under
s. ATCP 48.36 (4), the department shall issue a written notice approving or disapproving the county drainage board's proposed action under
s. ATCP 48.34. The department may, for good cause, extend the deadline to a date specified by the department.
ATCP 48.38(3)
(3) Conditional approval. The department may approve a proposed action under
s. ATCP 48.34 subject to conditions specified by the department.
ATCP 48.38(4)
(4) Reasons for disapproval. If the department disapproves a proposed action under
s. ATCP 48.34, the department shall give the county drainage board written notice of the reasons. The department may disapprove a proposed action for any of the following reasons:
ATCP 48.38(4)(d)
(d) The proposed action is not technically feasible, is not technically sound, or is not adequately designed to achieve the county drainage board's stated objectives.
ATCP 48.38(4)(e)
(e) The proposed action will have a substantial adverse effect on water quality, or on the human or natural environment.
ATCP 48.38(5)
(5) Environmental assessment. The department shall prepare an environmental assessment under
s. ATCP 3.02 before it approves a proposed action under
s. ATCP 48.34 if any of the following apply:
ATCP 48.38(5)(a)
(a) The proposed action will drain more than 200 acres of land not previously drained, or will substantially alter drainage from more than 200 acres of land.
ATCP 48.38(5)(b)
(b) The proposed action will drain more than 5 acres of wetlands.
ATCP 48.38(5)(c)
(c) The proposed action involves the construction or modification of a dam in a drain with a navigable stream history.
ATCP 48.38(5)(d)
(d) The proposed action involves a cold water fishery in a district drain with a navigable stream history.
ATCP 48.38(5)(e)
(e) The proposed action will substantially affect the base flow in surface waters of the state.
ATCP 48.38(5)(f)
(f) The department determines that an environmental assessment is needed to determine whether an environmental impact statement is required under
s. ATCP 3.03.
ATCP 48.38(6)
(6) Environmental impact statement. The department shall prepare an environmental impact statement under
s. ATCP 3.03 before approving a proposed action under
s. ATCP 48.34 only if the department determines that an environmental impact statement is required under
s. ATCP 3.03.
ATCP 48.38 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95; r. and recr.
Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.40
ATCP 48.40 Notice of landowner actions affecting drainage district. ATCP 48.40(1)(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:
