ATCP 48.46(1)(a)
(a) Creates, modifies, suspends or dissolves a drainage district. The record shall include maps or descriptions showing the district boundaries affected by the order.
ATCP 48.46(1)(b)
(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.
ATCP 48.46(1)(c)
(c) Confirms or orders an assessment, supplemental assessment or reassessment of benefits, damages or costs to landowners in a drainage district.
ATCP 48.46 Note
Note: Under s.
88.19 (4) to
(7), Stats., the department may determine the records required to be preserved regarding drainage districts.
ATCP 48.46(2)
(2) Drainage district specifications. A county drainage board shall have on file, at all times, drainage district specifications established by court order, or by the county drainage board under
s. ATCP 48.20 or
48.21. Specifications shall include all existing specifications designating any of the following:
ATCP 48.46(2)(a)
(a) Drainage district boundaries, district drains and district corridors.
ATCP 48.46(2)(b)
(b) Cross-sections, alignments and grade profiles of district drains.
ATCP 48.46(4)
(4) Reports. A county drainage board secretary shall keep, for at least 10 years, a copy of every inspection report filed with the department under subchapter
III, and every annual report filed with the county zoning administrator under s.
88.24, Stats. A county zoning administrator shall keep, for at least 10 years, a copy of every annual report filed under s.
88.24, Stats.
ATCP 48.46(5)
(5) Minutes of meetings. A county drainage board secretary shall prepare minutes of the following meetings, and shall keep those minutes for at least 10 years:
ATCP 48.46(5)(b)
(b) Every meeting of district landowners held under the auspices of the county drainage board.
ATCP 48.46 Note
Note: Under county law or policy, a county drainage board may be required to retain the minutes of meetings for more than 10 years.
ATCP 48.46(6)
(6) Construction and restoration records. A county drainage board secretary shall keep a copy of every request for approval filed with the department under
s. ATCP 48.36, and every approval or disapproval issued by the department under
s. ATCP 48.38. Records under this subsection pertaining to each drainage district shall be retained for at least the life of that drainage district.
ATCP 48.46 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (b), cr. (1) (d), r. and recr. (2), r. (3),
Register, August, 1999, No. 524, eff. 9-1-99.
ATCP 48.48
ATCP 48.48 Care and inspection of records. ATCP 48.48(1)(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.
ATCP 48.48(2)
(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.
ATCP 48.48(3)
(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.
ATCP 48.48 Note
Note: See s.
88.19 (5), Stats.
ATCP 48.48(4)
(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.
ATCP 48.48 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
Subch. VIII of ch. ATCP 48 Note
Note: In addition to any other remedy specified under this chapter, the department may bring an action to recover a civil forfeiture under s.
88.11 (8), Stats., from any person who violates this chapter.
ATCP 48.49(1)(a)(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.
ATCP 48.49(1)(b)
(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.
ATCP 48.49 Note
Note: Section
88.18 (1), Stats., authorizes the county treasurer to deduct the following county costs from the interest received on drainage district funds:
ATCP 48.49 Note
The county treasurer's cost to provide services to the county drainage board.
ATCP 48.49 Note
The county zoning administrator's cost to maintain and provide copies of drainage board records under s.
88.19, Stats.
ATCP 48.49(2)(a)(a) A county drainage board may appoint its own treasurer, pursuant to s.
88.18 (3), Stats. The appointed county drainage board treasurer shall act as the deputy of the county treasurer. The county drainage board may assign any or all of the county treasurer's duties under this section to the appointed county drainage board treasurer. The appointed treasurer shall comply with applicable requirements under
ch. 88, Stats., and this chapter.
ATCP 48.49(2)(b)
(b) If the county drainage board appoints its own treasurer under
par. (a), the county drainage board shall:
ATCP 48.49(2)(b)1.
1. Specify the treasurer's compensation in writing. Compensation shall include reimbursement of the treasurer's actual and reasonable expenses, as provided in s.
88.18 (3), Stats.
ATCP 48.49(2)(c)
(c) If the county drainage board appoints its own treasurer under
par. (a), the county drainage board shall enter into a written agreement with the appointed treasurer and the county treasurer. The agreement shall do all the following:
ATCP 48.49(2)(c)1.
1. Identify the duties under this section that the county drainage board has assigned to the appointed treasurer.
ATCP 48.49(2)(c)2.
2. Identify the duties under this section, if any, that remain with the county treasurer.
ATCP 48.49(3)
(3) County drainage board accounts. The county drainage board treasurer shall keep county drainage board accounts. The treasurer shall keep a separate account for each drainage district as required by s.
88.18 (2), Stats.
ATCP 48.49(4)
(4) Deposits. The county drainage board treasurer shall deposit, to the appropriate account under
sub. (3), all funds received on behalf of the county drainage board or any drainage district. A person who receives funds on behalf of the county drainage board or any drainage district shall promptly deposit those funds with the county drainage board treasurer.
ATCP 48.49(5)(a)(a) No person may make any expenditure from a county drainage board account under
sub. (3) unless the county drainage board treasurer signs the draft or specifically approves the expenditure in writing.
ATCP 48.49(5)(b)
(b) Except as provided in
sub. (1) (b), the county drainage board treasurer may not approve any expenditure under
par. (a) unless the county drainage board also approves that expenditure in writing.
ATCP 48.49(6)
(6) Accounting records. A county drainage board treasurer shall keep complete and accurate accounting records, and supporting documentation, for county drainage board accounts under
sub. (3). Records shall include all the following:
ATCP 48.49(6)(a)
(a) Records of all receipts and deposits. Records shall identify the nature, source and amount of each receipt and deposit.
ATCP 48.49(6)(b)
(b) Records of all expenditure authorizations and expenditures. Records shall identify the purpose, recipient and amount of each expenditure.
ATCP 48.49(6)(d)
(d) Monthly and annual reports summarizing revenues and expenditures during the reporting period, and account balances at the beginning and end of the reporting period.
ATCP 48.49(7)
(7) Records kept as public records. The county drainage board treasurer shall do all the following:
ATCP 48.49(7)(a)
(a) Keep the records under
sub. (6) as county public records. Except as provided in
ch. 88, Stats., or this chapter, the county drainage board treasurer shall treat the records as the county treasurer would treat comparable county accounting records for retention and disposal purposes.
ATCP 48.49(7)(b)
(b) Keep the records under
sub. (6) in the office of the county treasurer, or in another place that the county treasurer approves in writing.
ATCP 48.49(7)(c)
(c) Make the records under
sub. (6) available for public inspection and copying, as provided in subch.
II of chapter
19, Stats.
ATCP 48.49(8)
(8) Control and audit. The county drainage board treasurer shall do all the following:
ATCP 48.49(8)(a)
(a) Exercise sound fiscal control over funds received, to prevent misappropriation or misdirection of funds.
ATCP 48.49(8)(c)
(c) File periodic accountings with the county drainage board, as requested by the board.
ATCP 48.49(8)(d)
(d) Make records and accounts available, upon request, for audit by the state of Wisconsin, the county drainage board or the county.
ATCP 48.49 History
History:
CR 01-004: cr.
Register January 2002 No. 553, eff. 2-1-02.
ATCP 48.50
ATCP 48.50 Investigations. 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.
ATCP 48.50 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.52(1)
(1)
Authority. The department may, without prior notice or hearing, issue an order which does any of the following:
ATCP 48.52(1)(a)
(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.
ATCP 48.52(1)(b)
(b) Requires a county drainage board to file with the department a specific maintenance and repair plan for a drainage district.
ATCP 48.52(1)(c)
(c) Requires a county drainage board to file with the department a copy of any record or report required under this chapter.
ATCP 48.52(1)(d)
(d) Requires a county drainage board to comply with applicable requirements under this chapter.
ATCP 48.52(2)
(2) Who may issue. An order under
sub. (1) 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.
ATCP 48.52(3)
(3) Violations prohibited. No person may violate an order issued by the department under
sub. (1).
ATCP 48.52(4)
(4) Form and contents. An order under
sub. (1) shall be issued in writing, and shall include all of the following:
ATCP 48.52(4)(c)
(c) Notice that persons adversely affected by the order may request a hearing to contest the order, or to demonstrate compliance with conditions specified for withdrawal of the order.
ATCP 48.52(5)(a)(a) An order under
sub. (1) shall be served on the person to whom it is directed. An order may be served in person or by mail. If an order is directed to the county drainage board, the department shall serve the order on at least one member of the county drainage board. The department shall mail or deliver a copy of every order under
sub. (1) to the county drainage board, regardless of whether the order is directed to the county drainage board.
ATCP 48.52 Note
Note: Any person, including but not limited to the county sheriff, may personally serve an order on behalf of the department. If necessary, the department may prove service by means of an affidavit of mailing, a certified mail return receipt, or an affidavit of service.
ATCP 48.52(5)(b)
(b) An order under
sub. (1) takes effect immediately after it is served on the person to whom it is directed.
ATCP 48.52(6)
(6) Withdrawing or modifying the order. A person adversely affected by an order under
sub. (1) may request the department to withdraw or modify the order. A request under this subsection shall specify the reasons justifying the request. A request may be made orally, but the department may require the requester to confirm the request in writing. The department may withdraw or modify the order as appropriate.
ATCP 48.52 History
History:
Cr.
Register, June, 1995, No. 474, eff. 7-1-95.
ATCP 48.54
ATCP 48.54 Hearing on compliance order. ATCP 48.54(1)(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.
ATCP 48.54(2)(a)(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.
ATCP 48.54(2)(b)
(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.
ATCP 48.54(2)(c)
(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).
