Ch. ATCP 48 Note Landowners in a drainage district have certain rights and responsibilities prescribed by ch. 88, Stats., and this chapter. Drainage rights are based on drain specifications formally established by the circuit court (or by a county drainage board under this chapter). A county drainage board may not change established drain specifications without department approval. The county drainage board must comply with procedures designed to protect landowner rights.

Ch. ATCP 48 Note A change of land ownership does not relieve or deprive a succeeding landowner of rights or responsibilities that run with the land under ch. 88, Stats., or this chapter.

Ch. ATCP 48 Note A county drainage board must comply with public records and open meeting laws under ch. 19, Stats. A county drainage board must also comply with specific procedures required by ch. 88, Stats., and this chapter.

Ch. ATCP 48 Note This chapter is adopted under authority of ss. 88.11 and 93.07 (1), Stats.

Ch. ATCP 48 Note Questions related to drainage districts and this chapter may be referred to the county drainage board or to the department at the following address:

Ch. ATCP 48 Note   Wisconsin Department of Agriculture, Trade and Consumer Protection
  Division of Agricultural Resource Management
  Bureau of Land and Water Resources
  P.O. Box 8911
  Madison, WI 53708-8911

subch. I of ch. ATCP 48 Subchapter I — Definitions

ATCP 48.01 ATCP 48.01 Definitions. In this chapter:

ATCP 48.01(1) (1) “Agricultural lands” means lands in agricultural use as provided under s. 91.01 (1), Stats.

ATCP 48.01(2) (2) “Base flow” means the normal flow of water not associated with rainfall events.

ATCP 48.01(3) (3) “Confirmed assessment” means an assessment of costs or benefits that has been confirmed by a circuit court under ch. 88, Stats., or an assessment of costs or benefits ordered by a county drainage board after May 12, 1994.

ATCP 48.01(4) (4) “Construction costs” means costs incurred by a drainage district for a construction project. “Construction costs” includes damages awarded to landowners in a drainage district who are adversely affected by a construction project, but does not include maintenance, restoration or operating costs.

ATCP 48.01(6) (6) “County drainage board” means the board created and appointed under s. 88.17, Stats.

ATCP 48.01(6m) (6m) “Cross-section” means a series of vertical sections of a drain, taken at periodic intervals along the length of the drain at right angles to the center line of the alignment of the drain.

ATCP 48.01 Note Note: See s. ATCP 48.20 (1) (b).

ATCP 48.01(7) (7) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 48.01(8) (8) “District corridor” means the access corridor and buffer strip established and maintained around a district ditch under s. ATCP 48.24.

ATCP 48.01(9) (9) “District ditch” means a district drain which is in the form of a ditch.

ATCP 48.01(10) (10) “District drain” means a drain, including a main or lateral drain and all points of inlet to that drain, that is located within a drainage district and is designated as a district drain by one of the following:

ATCP 48.01(10)(a) (a) A court order.

ATCP 48.01(10)(b) (b) A county drainage board action that complies with s. ATCP 48.20 (5) or 48.21 (2).

ATCP 48.01 Note Note: A drain is not necessarily a “district drain” merely because it is located on land within a drainage district, or merely because it provides drainage for more than one landowner. In some cases, lands within a drainage district are drained by private drains that empty into district drains. Private drains are not operated or maintained by the county drainage board; nor is there any district corridor surrounding a private drain.

ATCP 48.01(11) (11) “Drain” means any facility, including a ditch, tile, pipe or other facility, for draining water from land. “Drain” includes structures and facilities, such as dams, culverts, pumps, inlet facilities, dikes, dams and levees, that are appurtenant to a drain.

ATCP 48.01(12) (12) “Drainage district” means a drainage district that is subject to ch. 88, Stats., regardless of whether the drainage district was formed under ch. 88, Stats., former ch. 89, Stats., or any other law.

ATCP 48.01(13) (13) “Drainage ditch” or “ditch” means a drain which is in the form of an open surface channel. “Ditch” includes the ditch bed, ditch banks, and any structures and facilities that are appurtenant to the ditch.

ATCP 48.01(13m) (13m) “Grade profile” means a vertical section along the alignment of a drain.

ATCP 48.01 Note Note: See s. ATCP 48.20 (1) (c).

ATCP 48.01(13r) (13r) “Formally established” means established or reestablished by any of the following:

ATCP 48.01(13r)(a) (a) Circuit court order.