Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 48 - Drainage districts
Subchapter V - Construction Projects and Drainage Alterations; Department Approval
Section ATCP 48.38 - Department approval or disapproval
Current through February 24, 2025
(1) APPROVING DRAINAGE ALTERATIONS. The department may approve, disapprove, or conditionally approve an action under s. ATCP 48.34. The department may not approve any action under s. ATCP 48.34 that causes the cross-section, grade profile or alignment of a district drain to deviate from the cross-section, grade profile or alignment formally established for that drain, but may do any of the following based on the county drainage board's application under s. ATCP 48.36:
(2) DEADLINE FOR APPROVAL OR DISAPPROVAL. Within 45 days after a county drainage board files a complete application under s. ATCP 48.36, including any additional information which the department requests under s. ATCP 48.36(4), the department shall issue a written notice approving or disapproving the county drainage board's proposed action under s. ATCP 48.34. The department may, for good cause, extend the deadline to a date specified by the department.
Note: See also ss. 88.32(3m) and 88.35(7), Stats.
(3) CONDITIONAL APPROVAL. The department may approve a proposed action under s. ATCP 48.34 subject to conditions specified by the department.
(4) REASONS FOR DISAPPROVAL. If the department disapproves a proposed action under s. ATCP 48.34, the department shall give the county drainage board written notice of the reasons. The department may disapprove a proposed action for any of the following reasons:
(5) ENVIRONMENTAL ASSESSMENT. The department shall prepare an environmental assessment under s. ATCP 3.02 before it approves a proposed action under s. ATCP 48.34 if any of the following apply:
(6) ENVIRONMENTAL IMPACT STATEMENT. The department shall prepare an environmental impact statement under s. ATCP 3.03 before approving a proposed action under s. ATCP 48.34 only if the department determines that an environmental impact statement is required under s. ATCP 3.03.