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 Note Note: 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 History History: 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 ATCP 48.24 District corridors.

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 Note Note: 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)1. 1. Engage in row cropping in a district corridor.

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 Note Note: 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 Note Note: See s. ATCP 48.28 related to the control of woody vegetation in a district corridor.

ATCP 48.24 History History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. (5), Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.26 ATCP 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.