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)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.

ATCP 48.22 NoteNote: Under s. ATCP 48.36 (1) (f), a construction project must be designed by a qualified engineer. Sections 88.20 and 946.13, Stats., prohibit conflicts of interest by members of a drainage board. Under s. 88.145, Stats., a county drainage board may authorize any owner of land in a drainage district to undertake work approved by the drainage board. The liability of a landowner who does work with the approval of the county drainage board is limited by ss. 88.145, 893.80 and 895.46 (8), Stats.

ATCP 48.22(4)(4) Authority to enter lands. A member of a county drainage board or an employee or other authorized agent of a county drainage board may do any of the following:

ATCP 48.22(4)(a)(a) Enter onto any lands in a drainage district in order to survey, design, construct, maintain, repair or restore a district drain or corridor.

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(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: