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SECTION 9.
ATCP 48.21 (2) (b) (Note) is amended to read:
(2)
(b) (Note) A drain is not necessarily a “district drain" merely because it is located on land within a drainage district, or merely because it provides drainage for more than one landowner. In some cases, lands within a drainage district are drained by private drains that empty into district drains. Private drains are not operated or maintained by the county drainage board; nor is there any district corridor surrounding a private drain. Under s. ATCP 48.24, a district corridor is required for a “district ditch" but not for other district drains.
SECTION 10.
ATCP 48.21 (4) (a) 1. is amended to read:
(3)
(a) 1. Obtains the written consent of each owner of land that is newly included in the district corridor because of the realignment, or condemns that newly included land pursuant to s. 88.21 (6), Stats., and ch. 32, Stats. This subdivision does not apply if the realignment brings no new land into the district corridor, or if no district corridor is required under s. ATCP 48.24.
SECTION 11.
ATCP 48.21 (4) (a) (Note) is amended to read:
(4)
(a) (Note) A “formally established" alignment is one established by circuit court order, or by county drainage board action under s. ATCP 48.20 or this section. See s. ATCP 48.01 (13r). Under s. ATCP 48.24, a district corridor is required for a “district ditch" but not for other district drains.
SECTION 12.
ATCP 28.22 (5) is amended to read:
(5)
Notice to landowner. Before a county drainage board or its agent performs any survey, design, construction, maintenance, repair or restoration operations on private land, other than in a district corridor under s. ATCP 48.24, the county drainage board or its agent shall notify the landowner. 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.
SECTION 13.
ATCP 48.24 is repealed.
SECTION 14.
ATCP 48.28 (2) (Note) is amended to read:
(2) (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.
SECTION 15.
Subchapter IX — Grants to County Drainage Boards is repealed.
SECTION 16.
EFFECTIVE DATE. The rules repealed in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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(END OF TEXT OF RULE)
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Dated this __30th__ day of April, 2021
WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
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By: Randy Romanski, Secretary-designee  
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