ATCP 48.01(14)(14) “Maintenance costs” means costs for the maintenance and repair of district drains and corridors under subch. IV. ATCP 48.01(15)(15) “Nonagricultural lands” means lands other than agricultural lands, including lands in residential, commercial, industrial and transportation use. ATCP 48.01(17)(17) “Operating costs” means costs, other than construction, maintenance or restoration costs, that are lawfully incurred by a drainage district. ATCP 48.01(18)(18) “Parcel” means a tract of land, all of which is held by the same landowner or landowners. ATCP 48.01(19)(19) “Person” means any individual, partnership, corporation, firm, business trust, estate, trust, association, government, governmental subdivision or agency, or any other legal or commercial entity. ATCP 48.01(20)(20) “Private drain” means any drain other than a district drain. “Private drain” includes a drain operated by the state or by a county, town, village or city. ATCP 48.01(21)(21) “Restoration” or “restoration project” means dredging or other operations designed to bring the cross-section, grade profile or alignment of a district drain into closer conformity with the formally established cross-section, grade profile or alignment of that district drain. ATCP 48.01(22)(22) “Restoration costs” means costs incurred for the restoration of a district drain. ATCP 48.01(23)(23) “Stable” means resistant to erosion or deformation. ATCP 48.01(24)(24) “Ten-year peak discharge” or “10-year peak discharge” means the maximum flow of water resulting from a 10-year 24-hour rainfall event. ATCP 48.01(26)(26) “Woody vegetation” means plants that contain substantial amounts of secondary xylem. “Woody vegetation” includes shrubs and trees but does not include herbs. ATCP 48.01 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. (5) and (16), cr. (6m), (13m), (13r), (14m), (26), r. and recr. (9) to (11) and (13), am. (21), Register, August, 1999, No. 524, eff. 9-1-99. ATCP 48.02ATCP 48.02 Assessing costs against lands in a drainage district. ATCP 48.02(1)(1) General. Pursuant to ch. 88, Stats., and this chapter, a county drainage board may, after public hearing, issue an order levying cost assessments against land in a drainage district to cover costs lawfully incurred by the drainage district, including construction, maintenance, restoration, legal and operating costs. ATCP 48.02(2)(a)(a) A county drainage board may not levy cost assessments to construct a new drainage district if the construction cost for that new district will exceed 75% of the total assessed benefits accruing to district landowners from the construction of that new district. ATCP 48.02 NoteNote: See s. 88.36 (6), Stats. Benefits are assessed to landowners according to s. ATCP 48.06. ATCP 48.02(2)(b)(b) A county drainage board may not levy cost assessments to construct enlarged or supplemental drains unless the drainage board finds that the benefits from the enlarged or supplemental drains will exceed the cost of construction. ATCP 48.02 NoteNote: See s. 88.71 (1m), Stats. Benefits to landowners are assessed according to s. ATCP 48.06. ATCP 48.02(2)(c)(c) A county drainage board may not, without obtaining the landowner’s consent and sufficient security under s. 88.23 (3), Stats., levy a construction cost assessment against any parcel of land if the amount of the assessment, when added to construction cost assessments previously assessed to that parcel of land, exceeds the last confirmed assessment of benefits for that parcel of land. This paragraph does not limit the assessment of maintenance, restoration or operating costs. ATCP 48.02 NoteNote: See ss. 88.23 (3) and 88.63, Stats. See definitions of “construction costs,” “maintenance costs,” “operating costs,” and “restoration costs” under s. ATCP 48.01 (4), (14), (17) and (22). ATCP 48.02(3)(3) Allocating cost assessments. Except as provided under sub. (4), a county drainage board shall allocate cost assessments among all of the parcels of land in a drainage district in proportion to the last confirmed assessment of benefits for each parcel. A county drainage board, when levying cost assessments, may allow a reasonable credit to a landowner who provides maintenance services or other “in kind” payments to the drainage district. ATCP 48.02 NoteNote: A county drainage board assesses benefits to land parcels in a drainage district according to s. ATCP 48.06, and allocates cost assessments on the basis of those benefit assessments. ATCP 48.02(4)(4) Construction costs caused by individual landowner.