Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 48 - Drainage districts
Subchapter II - Assessing Drainage District Costs and Benefits
Section ATCP 48.02 - Assessing costs against lands in a drainage district

Universal Citation: WI Admin Code § ATCP 48.02

Current through February 24, 2025

(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.

Note: See, e.g., ss. 88.23, 88.35, 88.45, 88.63, 88.70, 88.71, 88.72 and 88.78, Stats.

(2) CONSTRUCTION COST ASSESSMENTS; LIMITATIONS.

(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.

Note: See s. 88.36(6), Stats. Benefits are assessed to landowners according to s. ATCP 48.06.

(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.

Note: See s. 88.71(1m), Stats. Benefits to landowners are assessed according to s. ATCP 48.06.

(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.

Note: 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).

(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.

Note: 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.

(4) CONSTRUCTION COSTS CAUSED BY INDIVIDUAL LANDOWNER.

(a) Except as provided under par. (c), a county drainage board may assess, to a specified parcel of land in a drainage district, the full amount of any construction costs incurred by the drainage district as a direct result of any of the following:

1. A request by the landowner for drainage improvements that are solely of benefit to that land.

Note: Under s. 88.70, Stats., landowners who seek additional drainage for part of a drainage district may also petition the county drainage board to create a subdistrict for that purpose. The county drainage board may create a subdistrict, and may levy additional assessments against lands in the subdistrict to cover the costs of providing additional drainage for that subdistrict.

2. A land use change or other action by the landowner that alters the flow of water into or from a district drain.

3. A land use change or other action by the landowner that increases soil erosion or the movement of suspended solids to a district drain.

4. A failure by the landowner to maintain a private drain on that land in compliance with s. ATCP 48.30(5).

5. A failure by the landowner to implement necessary erosion control practices on that land, as required by the county drainage board under s. ATCP 48.30(6).

6. The landowner's extension of a private drain from the assessed land to land outside the district.

Note: If a private drain is extended or modified without approval, the county drainage board may also issue an order against the offending landowner or initiate an action for damages under s. 88.92, Stats. Alternatively, a county drainage board may annex the newly drained land under s. 88.78, Stats., and may assess the newly drained land according to s. 88.405, Stat.

(b) If, contrary to sub. (2) (c), a construction cost assessment under par. (a) will exceed the last confirmed assessment of benefits for the assessed parcel of land, the county drainage board may order a higher assessment of benefits for that land under s. ATCP 48.06(2). The assessment of benefits may be increased by the full amount needed to accommodate the construction cost assessment under par. (a).

1. Maintenance, restoration or operating costs.

2. Construction costs incurred by a drainage district because the county drainage board has failed to comply with this chapter.

(5) ASSESSING COSTS TO STATE AND MUNICIPAL LANDS IN A DRAINAGE DISTRICT.

(a) A county drainage board may levy cost assessments against agricultural lands in a drainage district that are owned by the state of Wisconsin, but may not levy cost assessments against other lands owned by the state.

Note: See s. 88.50, Stats.

(b) A county drainage board may levy cost assessments against lands in a drainage district that are owned by a county, town, village or city.

See s. 88.48, Stats. Under s. 88.01(11), Stats., "lands" include public streets and highways.

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