Chapter ATCP 48

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 ATCP 48.14 Annual inspection.

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.

ATCP 48.14(1)(b) (b) Whether a district corridor has been established and is being maintained around every district ditch in compliance with this chapter.

ATCP 48.14(1)(c) (c) Whether landowners are complying with applicable requirements under this chapter.

ATCP 48.14(1)(d) (d) Whether, and to what extent, sedimentation has occurred in district drains.

ATCP 48.14(1)(e) (e) Whether the cross-sections or grade profiles of district drains have changed significantly from the formally established cross-sections or grade profiles.

ATCP 48.14(1)(f) (f) Whether any drains should be restored, altered or improved to ensure proper drainage, to reduce soil erosion or sedimentation problems, or to comply with this chapter.

ATCP 48.14(1)(g) (g) Whether the district drainage system is operating effectively to achieve the goals which have been specified for the drainage district pursuant to s. 88.63, Stats., and s. ATCP 48.36 (1) (f).

ATCP 48.14 Note Note: A county drainage board may perform an annual inspection in stages during the year. Reports covering the various stages of the inspection may be combined in a single report under sub. (3).

ATCP 48.14(2) (2) Landowner participation. The county drainage board shall, by publishing a class 2 notice under ch. 985, Stats., notify the landowners in each drainage district of the inspection under sub. (1). The notice shall inform landowners and land users that they may accompany the inspection under sub. (1) of lands owned or used by them, and may submit comments related to the performance of the district drainage system.

ATCP 48.14(3) (3) Inspection report. A county drainage board shall, in conjunction with its annual report for each drainage district under s. 88.24, Stats., prepare an annual report summarizing the results of its inspection under sub. (1), including any comments received under sub. (2). The county drainage board shall file a copy of its report with the county zoning administrator and with the department by December 1 of each year. Before filing the report under this subsection, the county drainage board shall present its report at a public meeting which is preceded by a class 2 notice under ch. 985, Stats. Notice of the meeting shall also be sent to all known landowners in the drainage district.

ATCP 48.14 Note Note: The department will make available, to the state of Wisconsin department of natural resources, copies of the reports which the department receives under sub. (3).

ATCP 48.14(4) (4) Report contents. The county drainage board’s annual inspection report under sub. (3) shall report the board’s inspection findings related to each of the items listed under sub. (1). For each item, the report shall identify any problems, violations or deficiencies noted by the county drainage board. The report shall also specify how the county drainage board will address each problem, violation or deficiency.

ATCP 48.14 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (e), Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.16 ATCP 48.16 Inspection after major storm.

ATCP 48.16(1) (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

ATCP 48.16 Note 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.”

ATCP 48.16(2) (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.

ATCP 48.16 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

ATCP 48.18 ATCP 48.18 Department review and action.

ATCP 48.18(1) (1) The department shall review inspection reports submitted by county drainage boards under this subchapter.

ATCP 48.18(2) (2) The department may do any of the following which the department considers necessary:

ATCP 48.18(2)(a) (a) Inspect and copy county drainage board records, or issue an order under s. ATCP 48.52 requiring a county drainage board to file with the department a copy of any record or report required under this chapter.

ATCP 48.18(2)(b) (b) Conduct inspections or other investigations to verify the findings made or reported by a county drainage board.

ATCP 48.18(2)(c) (c) Issue an order under s. ATCP 48.52 requiring a county drainage 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.

ATCP 48.18(2)(d) (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.

ATCP 48.18(2)(e) (e) Issue an order under s. ATCP 48.52 which requires a county drainage board to comply with applicable requirements under this chapter.

ATCP 48.18 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

subch. IV of ch. ATCP 48 Subchapter IV — District Map, Drains and Corridors

ATCP 48.20 ATCP 48.20 Drainage district specifications.

ATCP 48.20(1) (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:

ATCP 48.20(1)(a) (a) A map which clearly and accurately shows all of the following:

ATCP 48.20(1)(a)1. 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.

ATCP 48.20 Note 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).

ATCP 48.20(1)(a)2. 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.

ATCP 48.20(1)(a)3. 3. The intended location and width of every district corridor required under s. ATCP 48.24.

ATCP 48.20(1)(b) (b) The intended cross-section of every district drain. Each vertical section in the cross-section of a district ditch shall include all of the following elements:

ATCP 48.20(1)(b)1. 1. The intended top and bottom width of the ditch.

ATCP 48.20(1)(b)2. 2. The intended depth of the ditch.

ATCP 48.20(1)(b)3. 3. The intended side slope angle of the ditch.

ATCP 48.20(1)(b)4. 4. Any drainage structures intersected by that vertical section.

ATCP 48.20 Note Note: The vertical sections comprising the cross-section of a district drain should normally be taken at intervals of not more than 1/3 mile along the entire length of the drain, and at points where structures or changes in drain slope occur.

ATCP 48.20(1)(c) (c) The grade profile of every district drain. The grade profile of a district ditch shall include all of the following elements:

ATCP 48.20(1)(c)1. 1. The intended grade elevations of the top and bottom of the ditch.

ATCP 48.20(1)(c)2. 2. The estimated water surface elevations in the ditch at base flow. The county drainage board 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 48.20(1)(c)3. 3. The peak water surface elevations in the ditch in the event of a 10-year 24-hour storm event. The county drainage board 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 48.20 Note Note: The formally established “grade profile” effectively determines drainage access and the depth of drainage provided to landowners. When a county drainage board documents the “grade profile” of a district drain, the county drainage board may also wish to determine the elevations of known points at which private drains empty into that district drain.

ATCP 48.20(2) (2) Notice to landowners; opportunity to object. Before a county drainage board applies to the department for approval of proposed drainage district specifications required under sub. (1), the county drainage board shall do all of the following:

ATCP 48.20(2)(a) (a) Mail or deliver, to every known landowner in the drainage district, written notice of the proposed specifications. The notice shall include the proposed specifications or shall explain how the landowner may obtain them. The notice shall also include an announcement of the meeting required under par. (c), including the date, time and place of the meeting.

ATCP 48.20(2)(b) (b) Publish a class 2 notice, under ch. 985, Stats., of the meeting under par. (c). The notice shall explain the purpose of the meeting, and shall include the meeting date, time and place.

ATCP 48.20(2)(c) (c) Hold a public meeting to explain and discuss the proposed specifications. The county drainage board shall make the proposed specifications available for public inspection at the meeting.

ATCP 48.20(2)(d) (d) Give landowners at least 30 days after the public meeting to file, with the county drainage board, written objections to the proposed specifications.

ATCP 48.20(3) (3) Department approval.

ATCP 48.20(3)(a) (a) To obtain the department’s approval under sub. (1), a county drainage board shall file all of the following with the department:

ATCP 48.20(3)(a)1. 1. The drainage district specifications for which the county drainage board seeks approval.

ATCP 48.20(3)(a)2. 2. A description of how the county drainage board established the specifications.

ATCP 48.20(3)(a)3. 3. Documentation showing that the county drainage board has complied with sub. (2).

ATCP 48.20(3)(a)4. 4. Notice of every landowner objection filed under sub. (2) (d).

ATCP 48.20(3)(a)5. 5. The county drainage board’s position on every unresolved objection under sub. (2) (d).

ATCP 48.20(3)(a)6. 6. Other relevant information required by the department.

ATCP 48.20(3)(b) (b) Within 90 days after a county drainage board files a complete application under par. (a), the department shall approve or disapprove the specifications proposed by the county drainage board. The department may, for good cause, extend the approval deadline to a date specified by the department.

ATCP 48.20 Note Note: The department will consult with the department of natural resources before approving drainage district specifications proposed by the county drainage board. Among other things, the department will ask the department of natural resources to identify which, if any, drains in the district have a navigable stream history.

ATCP 48.20(4) (4) Filing approved specifications. Within 30 days after the county drainage board adopts drainage district specifications under this section, the county drainage board shall file the specifications with the department, the county zoning administrator and the county register of deeds. Specifications are not formally established until they are approved, adopted and filed.

ATCP 48.20 Note Note: A landowner may challenge formally established drain specifications that violate this chapter or ch. 88, Stats., even if the department has approved those specifications. (In some cases, the department may not be aware of a violation when it approves the specifications.)

ATCP 48.20(5) (5) Designating district drains. A county drainage board may not, over the objection of any landowner who owns or holds an easement to the land on which a drain is located, designate that drain as a district drain under sub. (1) (a) 2. unless the drainage board does at least one of the following:

ATCP 48.20(5)(a) (a) Documents that a circuit court has, by order, designated that drain as a district drain.

ATCP 48.20(5)(b) (b) Documents that the drain has, historically, been operated and maintained as a district drain.

ATCP 48.20(5)(c) (c) Complies with s. ATCP 48.21 (2).

ATCP 48.20 Note 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.

ATCP 48.20(6) (6) Drain cross-section, grade profile and alignment.

ATCP 48.20(6)(a) (a) Except as provided in par. (b) or (c), the county drainage board shall adopt under sub. (1) the cross-sections, grade profiles and alignments last confirmed by the circuit court. If a county drainage board is unable to locate court specifications for a drain cross-section, grade profile or alignment, the drainage board may reconstruct those specifications based on physical evidence of historical conditions in the drainage district.

ATCP 48.20 Note Note: For example, a county drainage board may be able to document a historical grade profile by physical evidence including soil conditions and invert elevations of historical structures along the alignment of the district drain.

ATCP 48.20(6)(b) (b) A cross-section, grade profile or alignment adopted under sub. (1) shall incorporate changes which the county drainage board, acting within its statutory authority, approved prior to September 1, 1999, except that a grade profile adopted under sub. (1) may not incorporate a change which the drainage board purported to approve prior to September 1, 1999, over the unresolved objection of a landowner whose access to drainage was affected by that change. A grade profile change is deemed to affect a landowner’s access to drainage if it impedes gravity flow of water from his or her land, through a real or assumed drain, to any real or assumed outlet at the formally established cross-section and grade profile of the district drain.

ATCP 48.20(6)(c) (c) A county drainage board may proceed under s. ATCP 48.21 to change or clarify the cross-section, grade profile or alignment of a district drain.

ATCP 48.20 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. Register, August, 1999, No. 524, eff. 9-1-99; corrections in (1) (c) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

ATCP 48.21 ATCP 48.21 Changing drainage district specifications.

ATCP 48.21(1) (1) Changing a drainage district boundary.

ATCP 48.21(1)(a) (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.

ATCP 48.21 Note 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.

ATCP 48.21(1)(b) (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:

ATCP 48.21(1)(b)1. 1. A revised map of the drainage district, showing the new boundary.