ATCP 48.04(1)(d)(d) Order the annexation, to a drainage district, of lands outside the district that benefit from the operation of any district drain.

ATCP 48.04(2)(2) Cost assessments against another drainage district. A county drainage board may levy cost assessments against a drainage district for the benefit of another drainage district.

ATCP 48.04(3)(3) Assessments against municipalities for enlargement or maintenance of drains. A county drainage board may levy cost assessments against a municipality with territory upstream from any drain for any costs of enlarging or maintaining the drain that are attributable to increased water flow from land within the municipality.

ATCP 48.06(1)(1) Initial assessment of benefits. When a drainage district is created, a county drainage board shall assess the benefits accruing from the drainage district to each parcel of land in the drainage district. The county drainage board shall assess benefits according to ch. 88, Stats., and this section. The drainage board’s assessment of benefits shall provide the basis for the drainage board’s allocation of cost assessments under s. ATCP 48.02 (3).

ATCP 48.06(2)(a)(a) If a county drainage board determines that the last confirmed assessment of benefits for a drainage district no longer reflects the actual current benefits to parcels of land in that drainage district, the county drainage board may, after public hearing, issue an order reassessing benefits. A county drainage board may reassess benefits based on land use changes, the construction of new or modified district drains, the subdivision of lands, or other factors affecting the allocation of benefits to landowners.

ATCP 48.06 NoteNote: A reassessment under par. (a) should adjust all assessed benefits in the district, as necessary, to correct any inequities and injustices found by the board. The adjustment need not be proportional to the former confirmed benefits. See s. 88.46 (2), Stats.

ATCP 48.06(2)(b)(b) A county drainage board may reassess benefits under par. (a) on its own motion, or in response to a petition from landowners under s. 88.46, Stats. A reassessment of benefits provides the basis for any subsequent allocation of cost assessments under s. ATCP 48.02 (3).

ATCP 48.06 NoteNote: A landowner petition filed with the drainage board under s. 88.46, Stats., must be signed by at least 1/10 of the owners of land in a drainage district, or by the owners of at least 1/10 of the land in a drainage district.

ATCP 48.06(3)(a)(a) Except as provided under par. (b), a county drainage board shall assess benefits to agricultural lands according to s. ATCP 48.08, and shall assess benefits to nonagricultural lands according to s. ATCP 48.10.

ATCP 48.06(3)(b)(b) In lieu of an assessment method specified under s. ATCP 48.08 or 48.10, a county drainage board may adopt an equitable method of assessment which is approved by the owners of at least two-thirds of the assessed lands in the district. The landowners’ approval shall be confirmed in a written agreement signed by the approving landowners.

ATCP 48.06(4)(4) Protected wetlands excluded from assessment. A county drainage board may not assess benefits under this section to wetlands that are legally protected against drainage.

ATCP 48.06 NoteNote: For purposes of this subsection, “legally protected” wetlands means wetlands that are all of the following:

ATCP 48.06 Note(2) Clearly described by means of a survey, map, aerial photograph or other document that indicates the size and location of the wetlands.

ATCP 48.06 Note(b) Enrollment in the federal wetlands reserve program, the federal water bank program, or another federal, state or county program that clearly protects the wetlands from drainage for a term of at least 10 years.

ATCP 48.06 Note(d) A master plan, approved by the Wisconsin board of natural resources, covering land owned by the Wisconsin department of natural resources.

ATCP 48.06(5)(5) Benefits related to extension of private drain. When assessing benefits to a parcel of land in a drainage district, a county drainage board may include any benefits accruing to lands outside the district which drain to district drains because a private drain has been extended from the assessed parcel to those outside lands.