Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 48 - Drainage districts
Subchapter IV - District Map, Drains and Corridors
Section ATCP 48.22 - Construction and maintenance; general
Current through February 24, 2025
(1) REQUIREMENT. A county drainage board shall design, construct, maintain, repair and restore district drains and corridors in compliance with this subchapter.
(2) COMPLIANCE PLAN. A county drainage board shall file with the department, by December 31, 2001, a plan showing how the county drainage board intends to bring district drains and corridors under its jurisdiction into compliance with this subchapter. The county drainage board shall file a separate plan for each drainage district in the county. The plan shall include all of the following:
(2m) HEARING ON COMPLIANCE PLAN.
(2r) COMPLIANCE DEADLINE. A county drainage board shall bring every drainage district into compliance with this subchapter by December 31, 2004 unless the department, in response to unusual or unavoidable circumstances, extends the compliance deadline in writing.
(3) EMPLOYEES AND AGENTS. A county drainage board may employ or contract with qualified persons to survey, design, construct, maintain, repair or restore district drains and corridors on behalf of the county drainage board.
Note: Under s. ATCP 48.36(1) (f), a construction project must be designed by a qualified engineer. Sections 88.20 and 946.13, Stats., prohibit conflicts of interest by members of a drainage board. Under s. 88.145, Stats., a county drainage board may authorize any owner of land in a drainage district to undertake work approved by the drainage board. The liability of a landowner who does work with the approval of the county drainage board is limited by ss. 88.145, 893.80 and 895.46(8), Stats.
(4) AUTHORITY TO ENTER LANDS. A member of a county drainage board or an employee or other authorized agent of a county drainage board may do any of the following:
Note: See s. 88.13, Stats.
(5) NOTICE TO LANDOWNER. Before a county drainage board or its agent performs any survey, design, construction, maintenance, repair or restoration operations on private land, other than in a district corridor under s. ATCP 48.24, the county drainage board or its agent shall notify the landowner. 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.
(6) CONSTRUCTION PLANS. No county drainage board or its agent may, without the department's written approval, proceed with any construction project or other action under s. ATCP 48.34 for which that approval is required. No county drainage board or its agent may, without the department's written approval, deviate from the project plan and specifications approved by the department.
(7) OTHER AGENCIES; APPROVAL. Before starting any construction, maintenance, repair or restoration operation under this chapter, a county drainage board shall obtain from the appropriate government agencies all permits and approvals required for that operation.
Certain construction, maintenance, repair and restoration operations in a drainage district may require permits or approvals from the army corps of engineers; the Wisconsin department of natural resources; the Wisconsin department of agriculture, trade and consumer protection or local zoning authorities.