1. (1) Initial assessment of benefits. When a drainage district is created, a county drainage board shall assess the benefits accruing from the drainage district to each parcel of land in the drainage district. The county drainage board shall assess benefits according to ch. 88, Stats., and this section. The drainage board’s assessment of benefits shall provide the basis for the drainage board’s allocation of cost assessments under s. ATCP 48.02 (3).

   Note: See ss. 88.35 and 88.36, Stats.

2. (2) Reassessing benefits.

   1. (a) If a county drainage board determines that the last confirmed assessment of benefits for a drainage district no longer reflects the actual current benefits to parcels of land in that drainage district, the county drainage board may, after public hearing, issue an order reassessing benefits. A county drainage board may reassess benefits based on land use changes, the construction of new or modified district drains, the subdivision of lands, or other factors affecting the allocation of benefits to landowners.

      Note: A reassessment under par. (a) should adjust all assessed benefits in the district, as necessary, to correct any inequities and injustices found by the board. The adjustment need not be proportional to the former confirmed benefits. See s. 88.46 (2), Stats.

   2. (b) A county drainage board may reassess benefits under par. (a) on its own motion, or in response to a petition from landowners under s. 88.46, Stats. A reassessment of benefits provides the basis for any subsequent allocation of cost assessments under s. ATCP 48.02 (3).

      Note: A landowner petition filed with the drainage board under s. 88.46, Stats., must be signed by at least 1/10 of the owners of land in a drainage district, or by the owners of at least 1/10 of the land in a drainage district.

3. (3) Method of assessment or reassessment.

   1. (a) Except as provided under par. (b), a county drainage board shall assess benefits to agricultural lands according to s. ATCP 48.08, and shall assess benefits to nonagricultural lands according to s. ATCP 48.10.
   2. (b) In lieu of an assessment method specified under s. ATCP 48.08 or 48.10, a county drainage board may adopt an equitable method of assessment which is approved by the owners of at least two-thirds of the assessed lands in the district. The landowners’ approval shall be confirmed in a written agreement signed by the approving landowners.

4. (4) Protected wetlands excluded from assessment. A county drainage board may not assess benefits under this section to wetlands that are legally protected against drainage.

   Note: For purposes of this subsection, “legally protected” wetlands means wetlands that are all of the following:

   (1) Located outside the district corridor.

   (2) Clearly described by means of a survey, map, aerial photograph or other document that indicates the size and location of the wetlands.

   (3) Formally protected from drainage by at least one of the following means:

   (a) A deed restriction.

   (b) Enrollment in the federal wetlands reserve program, the federal water bank program, or another federal, state or county program that clearly protects the wetlands from drainage for a term of at least 10 years.

   (c) A recorded easement for a term of at least 10 years.

   (d) A master plan, approved by the Wisconsin board of natural resources, covering land owned by the Wisconsin department of natural resources.

5. (5) Benefits related to extension of private drain. When assessing benefits to a parcel of land in a drainage district, a county drainage board may include any benefits accruing to lands outside the district which drain to district drains because a private drain has been extended from the assessed parcel to those outside lands.

   Note: See also s. ATCP 48.02 (4) (a) 6.

History

History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.