ATCP 48.21(5)(a)3. 3. Obtains the department’s approval for the proposed change under s. ATCP 48.34.

ATCP 48.21 Note Note: A “formally established” grade profile is a grade profile 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). The department may not approve a change to a formally established grade profile if any objection by an affected landowner under par. (a) 1. remains unresolved. See ss. ATCP 48.34, 48.36 and 48.38.

ATCP 48.21(5)(b) (b) Whenever a county drainage board changes the formally established grade profile of a district drain with the department’s approval, 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 clearly describe the change, if any, to each element of the grade profile under s. ATCP 48.20 (1) (c).

ATCP 48.21 History History: Cr. Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.22 ATCP 48.22 Construction and maintenance; general.

ATCP 48.22(1) (1) Requirement. A county drainage board shall design, construct, maintain, repair and restore district drains and corridors in compliance with this subchapter.

ATCP 48.22(2) (2) Compliance plan. A county drainage board shall file with the department, by December 31, 2001, a plan showing how the county drainage board intends to bring district drains and corridors under its jurisdiction into compliance with this subchapter. The county drainage board shall file a separate plan for each drainage district in the county. The plan shall include all of the following:

ATCP 48.22(2)(a) (a) A professionally drawn map of the drainage district, showing all district drains. The map shall clearly identify the relevant features of the drainage district, including municipal and other connections to district drains, significant structures such as dams, and the location of existing spoil deposits.

ATCP 48.22(2)(b) (b) A restoration plan that identifies all of the following:

ATCP 48.22(2)(b)1. 1. Drain segments that no longer conform to formally established cross-sections, grade profiles or alignments.

ATCP 48.22(2)(b)2. 2. A priority sequence and schedule for restoring noncomplying drains to their formally established cross-sections, grade profiles and alignments.

ATCP 48.22(2)(b)3. 3. An estimate of the amount of material to be removed from each drain scheduled for restoration.

ATCP 48.22(2)(b)4. 4. The intended disposition of removed materials, including the locations at which the materials will be deposited.

ATCP 48.22(2)(b)5. 5. The projected costs of restoration, and a plan for financing those costs.

ATCP 48.22(2)(c) (c) A repair and maintenance plan that includes all of the following:

ATCP 48.22(2)(c)1. 1. A plan for routine maintenance of drainage structures.

ATCP 48.22(2)(c)2. 2. A plan for maintaining district corridors and controlling woody vegetation in those corridors.

ATCP 48.22(2)(c)3. 3. A plan for special repair and maintenance projects, if any.

ATCP 48.22(2)(c)4. 4. The projected costs of repair and maintenance, and a plan for financing those costs.

ATCP 48.22(2)(d) (d) A plan for controlling soil erosion and runoff in the drainage district. The plan shall include the estimated cost to implement the plan.

ATCP 48.22(2m) (2m) Hearing on compliance plan.

ATCP 48.22(2m)(a) (a) Before a county drainage board files a compliance plan with the department under sub. (2), the county drainage board shall do all of the following:

ATCP 48.22(2m)(a)1. 1. Provide every known landowner in the drainage district with notice by mail announcing a public meeting at which a copy of the plan shall be available for inspection. The county drainage board shall also publish a class 2 notice of the meeting under ch. 985, Stats.

ATCP 48.22(2m)(a)2. 2. Give landowners at least 30 days after the public meeting to file, with the county drainage board, written objections to the compliance plan.

ATCP 48.22(2m)(b) (b) Whenever a county drainage board files a compliance plan with the department under sub. (2), the county drainage board shall also file all of the following:

ATCP 48.22(2m)(b)1. 1. Documentation showing that the county drainage board has complied with par. (a).

ATCP 48.22(2m)(b)2. 2. Notice of any unresolved objections filed under par. (a) 2., and the county drainage board’s position on those unresolved objections.

ATCP 48.22(2r) (2r) Compliance deadline. A county drainage board shall bring every drainage district into compliance with this subchapter by December 31, 2004 unless the department, in response to unusual or unavoidable circumstances, extends the compliance deadline in writing.

ATCP 48.22(3) (3) Employees and agents. A county drainage board may employ or contract with qualified persons to survey, design, construct, maintain, repair or restore district drains and corridors on behalf of the county drainage board.