ATCP 48.22(4)(b)(b) Perform survey, construction, maintenance, repair and restoration operations on a district drain or corridor, including operations requiring excavation or modification of private land. ATCP 48.22 NoteNote: See s. 88.13, Stats. ATCP 48.22(5)(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. ATCP 48.22(6)(6) Construction plans. No county drainage board or its agent may, without the department’s written approval, proceed with any construction project or other action under s. ATCP 48.34 for which that approval is required. No county drainage board or its agent may, without the department’s written approval, deviate from the project plan and specifications approved by the department. ATCP 48.22(7)(7) Other agencies; approval. Before starting any construction, maintenance, repair or restoration operation under this chapter, a county drainage board shall obtain from the appropriate government agencies all permits and approvals required for that operation. ATCP 48.22 NoteNote: Certain construction, maintenance, repair and restoration operations in a drainage district may require permits or approvals from the army corps of engineers; the Wisconsin department of natural resources; the Wisconsin department of agriculture, trade and consumer protection or local zoning authorities.
ATCP 48.22 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. (2), cr. (2m) and (2r), am. (6), Register, August, 1999, No. 524, eff. 9-1-99. ATCP 48.24(1)(1) Corridor required. A county drainage board shall establish and maintain a district corridor around every district ditch. The county drainage board shall maintain the district corridor, in compliance with this subchapter, for all of the following purposes: ATCP 48.24(1)(a)(a) To provide effective access for the county drainage board and its agents, and for their vehicles and equipment, over the entire length of the district ditch. ATCP 48.24(1)(b)(b) To provide a buffer against land uses which may adversely affect water quality in the district ditch. ATCP 48.24(2)(2) Width of corridor. A district corridor shall extend for 20 feet from the top of the ditch bank on each side of a district ditch. A county drainage board may, by giving specific notice to landowners, establish a wider corridor if necessary to permit vehicle access or to protect water quality in the district ditch. ATCP 48.24 NoteNote: Under s. ATCP 48.28, a county drainage board is required to control the growth of woody vegetation in a district corridor, except that a county drainage board may allow the growth of woody vegetation in portions of a district corridor if it does not interfere with effective access to district drains. ATCP 48.24(3)(3) Access to corridor. Except as provided under sub. (4), a member of a county drainage board or an employee or other authorized agent of a county drainage board may, without prior notice to a landowner, do any of the following: ATCP 48.24(3)(a)(a) Enter a district corridor, and bring vehicles and equipment into a district corridor, for the purpose of inspecting, surveying, maintaining, repairing, restoring or improving a district drain or corridor. ATCP 48.24(3)(b)(b) Perform operations in a district corridor related to the maintenance, repair, restoration or improvement of a district drain or corridor, including cutting, mowing, pesticide application, dredging, excavation and other operations. ATCP 48.24(4)(4) Notice of activities in the corridor. Before a county drainage board or its agent does either of the following in a district corridor, the county drainage board or its agent shall notify the landowner by one of the methods specified under s. ATCP 48.22 (5): ATCP 48.24(4)(a)(a) Cutting trees that are more than 6 inches in diameter measured at breast height. ATCP 48.24(4)(b)(b) Excavating or depositing materials in the district corridor. ATCP 48.24(5)(5) Row cropping and obstructions in district corridor. ATCP 48.24(5)(a)(a) No person may do any of the following without written permission from the county drainage board: ATCP 48.24(5)(a)2.2. Place in a district corridor any building or other obstruction that interferes with the county drainage board’s ability to inspect, restore and maintain the district ditch and corridor. ATCP 48.24(5)(b)(b) A county drainage board may give a person written permission to engage in activities under par. (a), subject to conditions or limitations which the drainage board specifies in writing. ATCP 48.24 NoteNote: In deciding whether to authorize row cropping in a district corridor, a county drainage board should consider whether that row cropping will increase maintenance requirements, soil erosion, or movement of suspended solids to district drains. It may consider relevant factors such as the type of row cropping and tillage proposed, the topography of the district corridor, and the type, quality and character of the soil and subsoil in the district corridor.
ATCP 48.24(5)(c)(c) A person who engages in row cropping or places any obstruction in a district corridor under par. (a), with or without drainage board permission, waives any claim for damages to those crops or obstructions that may be caused by county drainage board activities authorized under ch. 88, Stats., or this chapter. ATCP 48.24(5)(d)(d) This subsection does not require a landowner to remove any building or fixture constructed or installed in a district corridor prior to September 1, 1999. The owner of the preexisting building or fixture waives any claim for damages to that building or fixture that may be caused by county drainage board activities authorized under ch. 88, Stats., or this chapter. ATCP 48.24 NoteNote: See s. ATCP 48.28 related to the control of woody vegetation in a district corridor. ATCP 48.24 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. (5), Register, August, 1999, No. 524, eff. 9-1-99. ATCP 48.26ATCP 48.26 District drains; design, construction and maintenance. ATCP 48.26(1)(1) Drainage capacity. Every district drain constructed after July 1, 1995 shall be designed and constructed so that it is capable of removing the volume of water from a 10-year 24-hour rainfall event within 48 hours after that rainfall event. For each county, a 10-year 24-hour rainfall event is the amount of rain shown in table 1 falling in 24 hours. ATCP 48.26(2)(a)(a) A county drainage board shall design and construct every district ditch, including the ditch bed, banks, and related structures such as culverts, bridges and inlets, so that the ditch will remain stable when subjected to a 10-year peak discharge under sub. (1). A district ditch is not required to contain the entire volume of water from the peak discharge. The stability standard under this paragraph does not apply to a district ditch or related structure constructed prior to July 1, 1995. ATCP 48.26(2)(b)(b) A county drainage board shall repair and maintain every district ditch, as necessary, to restore and maintain the stability of that ditch. ATCP 48.26(3)(3) District drains must conform to specifications. A county drainage board shall restore, repair, maintain and, if necessary, modify district drains so that each district drain conforms to the specifications formally established for that drain by court order, or by county drainage board action under s. ATCP 48.20 or 48.21. If the county drainage board levies any cost assessment for work needed to conform a drain to formally established specifications, it shall levy the assessment according to subchapter II. ATCP 48.26(4)(4) Removing obstructions. A county drainage board shall remove sediment dams, windfalls, deadfalls, sand bars, beaver dams and other obstructions from district ditches. The county drainage board shall remove the obstructions annually, or more frequently as necessary. The county drainage board shall also remove submerged vegetation from district ditches as necessary. ATCP 48.26(5)(5) Restoration projects; notice to department. A county drainage board shall notify the department in writing before the county drainage board initiates any restoration project in a drainage district which involves the removal of more than 3,000 cubic yards of material. ATCP 48.26 NoteNote: A county drainage board does not need department approval for a restoration project, but may need a dredging permit from the Wisconsin department of natural resources under s. 30.20 or s. 88.31, Stats. A county drainage board may not, under the guise of a “restoration project,” dredge below the bottom elevation specified as part of the formally established grade profile. See definition of “restoration project” under s. ATCP 48.01 (21). ATCP 48.26 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. (3), cr. (5), Register, August, 1999, No. 524, eff. 9-1-99. ATCP 48.28ATCP 48.28 Controlling woody vegetation. ATCP 48.28(1)(1) Requirement. Except as provided under sub. (2), a county drainage board shall control the growth of woody vegetation in district ditches and corridors to ensure effective drainage and effective access for inspection, maintenance and repair. A county drainage board may control woody vegetation by one or more of the methods specified under sub. (3). ATCP 48.28(2)(2) Exception. A county drainage board may allow the growth of woody vegetation in portions of a district corridor, provided that the woody vegetation does not interfere with effective access to district drains. A county drainage board, when deciding whether to allow the growth of woody vegetation, shall consider how the woody vegetation may affect the cost of maintaining and cleaning district drains. Any portions of a corridor left in woody vegetation shall be maintained under a resource conservation plan developed in cooperation with the county land conservation department or the United States natural resources conservation service. ATCP 48.28 NoteNote: 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. ATCP 48.28(3)(3) Methods for controlling woody vegetation. A county drainage board may use any of the following methods to control the growth of woody vegetation in a district ditch or corridor: ATCP 48.28(3)(a)(a) Mowing. A county drainage board may mow a district ditch or corridor to control the growth of woody vegetation. Mowing may include hand cutting where necessary. If only mowing is used to control the growth of woody vegetation in a district ditch or corridor, the county drainage board shall mow the ditch or corridor at least once every 5 years, and more often if necessary. ATCP 48.28(3)(b)(b) Pesticide applications. A county drainage board may apply pesticides to control the growth of woody vegetation in a district ditch or corridor. Pesticides shall be applied according to label directions, and in compliance with ch. ATCP 29 and other applicable state and federal laws and regulations. ATCP 48.28(3)(c)(c) Burning. Subject to applicable local regulations, a county drainage board may use controlled burning to control the growth of woody vegetation in a district ditch or corridor. ATCP 48.28 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.30ATCP 48.30 Controlling soil erosion and runoff. ATCP 48.30(1)(1) General. A county drainage board shall take appropriate measures to minimize soil erosion and the movement of suspended solids into district drains. A county drainage board may monitor water in district drains to determine the amounts and sources of suspended solids in the water. ATCP 48.30(2)(2) Corridors and drains. A county drainage board shall design, construct and maintain district drains and corridors to minimize soil erosion and the movement of suspended solids into district drains. ATCP 48.30 NoteNote: Erosion control methods are described in the “Wisconsin construction site best management practices handbook” which is available for viewing at the county land conservation department, or for purchase from the Wisconsin department of administration, document sale division, 4622 University Avenue, Madison, WI 53705-2156.
ATCP 48.30(3)(a)(a) A county drainage board shall maintain effective vegetative cover, or equally effective erosion control practices, in every district ditch and corridor. When ditch banks are planted with vegetation to stabilize those banks, the plant variety or seed mixture shall be one of those listed in the United States department of agriculture natural resources conservation service technical guide, critical area planting standard 342, 1985 edition, including supplements through 1988. The application rate shall also conform to critical area planting standard 342. If construction or maintenance activities disturb the vegetative cover in a district ditch or corridor, the drainage board shall promptly replant the disturbed area to restore an effective vegetative cover. ATCP 48.30 NoteNote: The United States department of agriculture natural resource conservation service technical guide is on file with the department, the secretary of state and the legislative reference bureau. Copies of individual standards may be obtained from the United States department of agriculture natural resources conservation service field offices and from county land conservation department offices.
ATCP 48.30(3)(b)(b) A county drainage board may permit land uses in district corridors that provide effective vegetative cover and erosion control. ATCP 48.30(4)(4) Inlets to district ditches. Inlets to district ditches, whether from private or district drains, shall be designed and maintained to prevent soil erosion. Surface drainage entering a district ditch shall be controlled by means of buffer strips, pipe inlets, drop spillways or other devices to prevent soil erosion and uncontrolled flow over ditch banks. ATCP 48.30(5)(a)(a) Private drains that transport water to district drains, whether from agricultural or nonagricultural lands, shall be designed, constructed and maintained to prevent soil erosion, and to minimize the movement of suspended solids into district drains. A county drainage board may require that private drains carrying water from nonagricultural lands be designed according to a stormwater management plan, and equipped with facilities such as settling ponds or detention basins to minimize excessive discharges of water or suspended solids into district drains. ATCP 48.30(5)(b)(b) If a private drain does not comply with par. (a), the county drainage board may do any of the following: ATCP 48.30(5)(b)1.1. Refuse to permit any connection between the private drain and the district drain. ATCP 48.30(5)(b)3.3. Order that the private drain be disconnected from the district drain. ATCP 48.30(5)(b)4.4. Pursuant to s. ATCP 48.02 (4), assess the owner of the private drain for construction costs incurred by the drainage district because the private drain does not comply with par. (a). ATCP 48.30 NoteNote: A county drainage board may also initiate a court action against the owner of the private drain. The county drainage board may ask the court to enjoin violations of par. (a), and may seek recovery of damages incurred by the drainage district because of those violations. A person violating par. (a) may also be subject to a civil forfeiture under s. 88.11 (8), Stats. ATCP 48.30(6)(a)(a) An owner of land in a drainage district shall implement appropriate erosion control practices on that land to minimize soil erosion and the movement of suspended solids into district drains. A county drainage board may require a landowner to implement erosion control practices recommended by the United States department of agriculture natural resources conservation service, the county land conservation department or an engineer approved by the department. ATCP 48.30(6)(b)(b) If a landowner fails to implement erosion control practices required by a county drainage board under par. (a), the county drainage board may do any of the following: ATCP 48.30(6)(b)1.1. Refuse to permit any connection between the landowner’s private drain and the district drain. ATCP 48.30(6)(b)3.3. Order that the landowner’s private drain be disconnected from the district drain. ATCP 48.30(6)(b)4.4. Pursuant to s. ATCP 48.02 (4), assess the landowner for construction costs incurred by the drainage district because of the landowner’s failure to implement erosion control practices required by the county drainage board under par. (a). ATCP 48.30 NoteNote: A county drainage board may also initiate a court action against a landowner who violates par. (a). The county drainage board may ask the court to enjoin violations of par. (a), and may seek recovery of damages incurred by the drainage district because of those violations. A landowner violating par. (a) may also be subject to a civil forfeiture under s. 88.11 (8), Stats. ATCP 48.30 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95. ATCP 48.32(1)(1) Materials dredged or excavated in connection with the construction, restoration, repair or maintenance of district drains may be spread on land or placed in piles according to this section. Berms, levees and other depositions in a district corridor shall comply with this section. ATCP 48.32 NoteNote: The deposition of dredged or excavated material may be subject to additional restrictions under federal, state and local laws.
ATCP 48.32(2)(2) The deposition of excavated materials, whether by land spreading or piling, shall conform as nearly as practicable to the american society of agricultural engineers engineering practice number 407.1, section 5, as reconfirmed in December, 1996. ATCP 48.32 NoteNote: Copies of ASAE EP 407.1, section 5 are on file with the department and the legislative reference bureau. Copies may be obtained from the department. A county drainage board may also contact the United States department of agriculture natural resources conservation service or the army corps of engineers for technical assistance related to the deposition of removed materials. The department can provide the addresses of these agencies.
ATCP 48.32(3)(3) If dredged or excavated materials are spread on land, the materials shall be graded and smoothed to blend into cultivated lands. The surface slope of the spread materials shall not exceed a slope of 8:1. Spread materials may not be more than 2 feet deep at the top of a ditch bank. ATCP 48.32 NoteNote: See Figure 1.
ATCP 48.32(4)(4) No portion of a pile of dredged or excavated materials may be closer than 12 feet to the top of a ditch bank. Materials shall be piled at a stable angle of repose for those materials. No slope of any pile may exceed a slope of 2:1. ATCP 48.32(5)(5) No dredged or excavated material may be placed in a wetland except in compliance with applicable federal, state and local permit requirements. ATCP 48.32 NoteNote: Figure 1, which is based on ASAE EP 407.01, section 5, illustrates the requirements of this section:
ATCP 48.32 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (2), Register, August, 1999, No. 524, eff. 9-1-99. ATCP 48.33ATCP 48.33 Structures impeding drainage. ATCP 48.33(1)(1) Prohibition. Except as provided in sub. (2), no county drainage board may install or modify any structure in a district drain, or approve the installation or modification of any structure in a district drain, if the installation or modification causes or aggravates a deviation from the formally established grade profile of that district drain. An installation or modification is rebuttably presumed to cause or aggravate a deviation from the formally established grade profile if it raises the water level in a district drain, or slows the runoff of water from upstream lands in the drainage district. ATCP 48.33 NoteNote: A “formally established” grade profile is a grade profile established by court order, or by the county drainage board under s. ATCP 48.20 or 48.21. A person installing or modifying a structure in a district drain may also need a permit from the state of Wisconsin department of natural resources if the district drain 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.
