Chapter ATCP 48

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)1. 1. A plan for controlling construction site erosion.

ATCP 48.36(1)(i)2. 2. The estimated amount of material, if any, that will be removed.

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)(k)3. 3. If the county drainage board proposes to change a formally established alignment, a statement that the county drainage board has complied with s. ATCP 48.21 (4) (a) 1.

ATCP 48.36(1)(k)4. 4. If the county drainage board proposes to change a formally established grade profile, a statement that the county drainage board has complied with s. ATCP 48.21 (5) (a) 1. and 2.

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 Note Note: See s. ATCP 48.06 (2) (a) and s. 88.46, Stats.

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 Note Note: See s. ATCP 48.02.

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)(n)1. 1. Lands and land uses identified under par. (g).

ATCP 48.36(1)(n)2. 2. Surface water levels, quality and temperature.

ATCP 48.36(1)(n)3. 3. Groundwater levels and quality.

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)(a) (a) The Wisconsin department of natural resources.

ATCP 48.36(3)(b) (b) The United States army corps of engineers.

ATCP 48.36(3)(c) (c) The county zoning administrator.

ATCP 48.36(3)(d) (d) The county land conservation committee.

ATCP 48.36(3)(e) (e) Every municipality affected by the proposed action.

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 Note Note: See also ss. 88.32 (3m) and 88.35 (7), Stats.

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)(a) (a) The county drainage board has failed to provide information required under s. ATCP 48.36.

ATCP 48.38(4)(b) (b) The proposed action would violate this chapter or ch. 88, Stats.

ATCP 48.38(4)(c) (c) The requested approval would violate this chapter or ch. 88, Stats.

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.

subch. VI of ch. ATCP 48 Subchapter VI — Landowner Rights and Responsibilities

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:

ATCP 48.40(1)(a) (a) Alter the flow of water into or from a district drain.

ATCP 48.40(1)(b) (b) Increase the amount of soil erosion, or the movement of suspended solids to a district drain.

ATCP 48.40(1)(c) (c) Affect the operation of the drainage district, or the costs incurred by the drainage district.

ATCP 48.40(2) (2) Application. Subsection (1) applies to an owner of land that receives water from or discharges water to a drainage district, regardless of whether the land is included in the drainage district.

ATCP 48.40 Note Note: A county drainage board may take various actions in response to landowner actions that adversely affect a drainage district. For example, see ss. ATCP 48.02 (5), 48.04, 48.06 (2), 48.30 and 48.44 (3). See also ss. 88.89 to 88.92, Stats.

ATCP 48.40 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

ATCP 48.42 ATCP 48.42 Removing lands from drainage district. No landowner, including the state of Wisconsin or any county, town, village or city, may do either of the following:

ATCP 48.42(1) (1) Remove lands from inclusion in a drainage district without obtaining the approval of the county drainage board under s. 88.80, Stats.

ATCP 48.42(2) (2) Disconnect a private drain from a district drain, except with the approval of the county drainage board.

ATCP 48.42 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.

ATCP 48.43 ATCP 48.43 Connecting private drains to district drains; extending private drains. No person may do either of the following without written approval from the county drainage board:

ATCP 48.43(1) (1) Connect a private drain to a district drain.

ATCP 48.43(2) (2) Extend a private drain that is currently connected to a district drain.

ATCP 48.43 Note Note: Under s. 88.92 (1), Stats., a county drainage board may approve the connection of private drains to district drains, or the extension of private drains from district drains, and may establish conditions for approval. Under s. 88.92 (2), Stats., a person who connects or extends a private drain, or removes a spoil pile, without drainage board approval is liable for damages incurred by the drainage district as a result of that action. “Damages” include payments that the drainage district would have received during the time that the illegal connection or extension existed if the territory drained by the illegal connection or extension had been subject to assessment.

ATCP 48.43 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; renum. from ATCP 48.44, Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.44 ATCP 48.44 Obstructing or altering district drains.

ATCP 48.44(1) (1) Prohibition. Except as provided under sub. (2), no person may obstruct or alter a district drain without prior written approval from the county drainage board.

ATCP 48.44(2) (2) Withdrawing water; exemption. An owner of land adjacent to a district drain may, without prior approval from the county drainage board, withdraw water from a district drain and place an obstruction in the district drain for that purpose while withdrawing that water if all of the following apply:

ATCP 48.44(2)(a) (a) The landowner notifies the county drainage board under s. ATCP 48.40 before withdrawing the water or placing the obstruction in the district drain.

ATCP 48.44(2)(b) (b) The landowner obtains a permit from the department of natural resources authorizing the withdrawal, if a permit is required under s. 30.18 (2) (a) 2., Stats.

ATCP 48.44(2)(c) (c) The obstruction does not elevate the water surface elevation in the district drain, at the point of the obstruction, above the base flow elevation specified as part of the formally established grade profile for that district drain.

ATCP 48.44(2)(d) (d) Neither the obstruction nor the withdrawal of water reduces the base flow, in a district drain that has a navigable stream history, below the minimum base flow which the state of Wisconsin department of natural resources has established for that district drain under s. 88.31, Stats..

ATCP 48.44 Note Note: 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 violation of par. (c) “materially defeats the purposes of drainage” within the meaning of s. 88.93, Stats.

ATCP 48.44(2)(e) (e) The withdrawal does not injure any district drain, or make any district drain more susceptible to injury. Injury to a district drain includes, for purposes of this paragraph, any of the following:

ATCP 48.44(2)(e)1. 1. Damage to any structure in a district drain.

ATCP 48.44(2)(e)2. 2. The deposition of excavated materials in a district drain.

ATCP 48.44(2)(e)3. 3. The weakening, undercutting or accelerated erosion of any side bank in a district drain.

ATCP 48.44(3) (3) Drainage board may review. A county drainage board may do any of the following:

ATCP 48.44(3)(a) (a) Require a landowner to provide information showing that the landowner’s withdrawal of water complies with sub. (2).

ATCP 48.44(3)(b) (b) Prohibit a landowner from withdrawing water under sub. (2) if the drainage board reasonably concludes that the withdrawal violates this chapter. The drainage board shall document, in writing, the basis for its conclusion.