ATCP 48.08(2)(2) Benefits assessed by 40-acre parcels. Benefits to agricultural lands shall be assessed parcel by parcel, with each parcel being not larger than 40 acres. If a landowner’s parcel is larger than 40 acres, benefits shall be assessed for sub-parcels that are not larger than 40 acres each.

ATCP 48.08(3)(3) Acreage excluded from assessment. A county drainage board shall exclude the following acreage from any assessment of benefits under this subchapter:

ATCP 48.08(3)(a)(a) Acreage in a district corridor unless the county drainage board authorizes the landowner, under s. ATCP 48.24 (5), to engage in row cropping in the district corridor.

ATCP 48.08(3)(b)(b) Acreage permanently lost to the landowner because of the construction, restoration or maintenance of district drains or corridors, or the deposition of materials excavated in connection with that construction, restoration or maintenance.

ATCP 48.08(4)(4) Land use categories. When estimating land values under sub. (1) (a), a county drainage board may consider any of the following land use categories or other categories which the county drainage board considers appropriate:

ATCP 48.08(4)(d)(d) Abandoned cropland, including former agricultural land not currently used for agricultural, residential or commercial purposes.

ATCP 48.08(5)(5) Drainage assumptions. When estimating land values associated with a potential use, a county drainage board may assume that the drained lands have access to an outlet at the formally established grade profile and cross-section, and that the necessary on-site drainage facilities are installed to permit the potential use.

ATCP 48.08 HistoryHistory: Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (a) and (b), r. (1) (g), renum. (1) (h) to be (1) (g), cr. (3) to (5), Register, August, 1999, No. 524, eff. 9-1-99.

ATCP 48.10(1)(1) Factors considered. When assessing benefits to nonagricultural lands in a drainage district, a county drainage board may consider all the factors specified for agricultural lands under s. ATCP 48.08 (1). The county drainage board may also consider the extent and frequency of additional discharges from the nonagricultural lands to district drains, and the drainage district’s cost to accommodate those additional discharges. Additional discharges may include additional discharges of stormwater, wastewater, or precipitation runoff from impermeable surfaces.

ATCP 48.10 NoteNote: The county drainage board may also assess upstream municipalities for costs of enlarging or maintaining drains that are attributable to increased water flow from the municipality. See s. 88.64, Stats., and s. ATCP 48.04 (3).

ATCP 48.10(2)(2) Allocating assessments. A county drainage board may assess benefits to nonagricultural lands, including rural subdivisions or individual rural residences, based on a flat amount per lot, per acre, or per building or residence.

ATCP 48.12(1)(1) Pursuant to s. 88.13, Stats., a member of a county drainage board or an employee or other authorized agent of a county drainage board may enter any lands in a drainage district to perform an inspection under this subchapter, or to perform any other inspection of a district drain or corridor.

ATCP 48.12 NoteNote: A county drainage board may authorize a landowner in a drainage district to make an inspection as an agent of the board. See s. 88.63 (1m), Stats.

ATCP 48.12(2)(2) Before a county drainage board or its agent performs an inspection on private lands, other than in a district corridor under s. ATCP 48.24, the county drainage board or its agent shall notify the landowner of the inspection. 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 48.12(3)(3) A county drainage board may employ or contract with any person to perform an inspection on behalf of the county drainage board.

ATCP 48.12 NoteNote: Section 88.20, Stats., prohibits conflicts of interest by members of a county drainage board. See also s. 946.13, Stats.