1. (1) Changing a drainage district boundary.

   1. (a) A county drainage board may not change any drainage district boundary except by applicable procedures specified under ss. 88.77 to 88.80, Stats.

      Note: If the existing boundary of a drainage district is not clearly documented by a circuit court order, or by a county drainage board order under ss. 88.77 to 88.80, Stats., the county drainage board should clarify that boundary by appropriate procedures under ss. 88.77 to 88.80, Stats.

   2. (b) Whenever a county drainage board changes any drainage district boundary pursuant to ss. 88.77 to 88.80, Stats., the county drainage board shall file a record of the change with the department, the county zoning administrator and the county register of deeds. The record shall include all of the following:

      1. 1. A revised map of the drainage district, showing the new boundary.
      2. 2. Proof of compliance with par. (a).

2. (2) Designating private drain as district drain.

   1. (a) A county drainage board may not designate a private drain as a district drain unless the county drainage board does at least one of the following:

      1. 1. Obtains the written consent of every landowner who owns or holds an easement to land on which the drain is located.
      2. 2. Purchases or condemns, pursuant to s. 88.21 (6), Stats., and ch. 32, Stats., all of the land newly required for that district drain and for any district corridor required for that drain under s. ATCP 48.24.
      3. 3. Properly designates the drain as a district drain in a proceeding under s. 88.73 or 88.77 to 88.80, Stats.

   2. (b) Whenever a county drainage board designates a private drain as a district drain, the county drainage board shall file a record of that designation with the department, the county zoning administrator and the county register of deeds. The record shall include all of the following:

      1. 1. A revised map of the drainage district, showing the designated drain and any district corridor required under s. ATCP 48.24 for that designated drain.

      2. 2. Proof of compliance with par. (a).

         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. Under s. ATCP 48.24, a district corridor is required for a “district ditch” but not for other district drains.

3. (3) Changing a formally established cross-section.

   1. (a) A county drainage board may not change the formally established cross-section of a district drain without the department’s approval under s. ATCP 48.34.

      Note: A “formally established” cross-section is one established by circuit court order, or by county drainage board action under s. ATCP 48.20 or this section. See s. ATCP 48.01 (13r).

   2. (b) Whenever a county drainage board changes the formally established cross-section of a district drain with department approval, the county drainage board shall file a clear record and description of the change with the department, the county zoning administrator and the county register of deeds.

4. (4) Changing a formally established alignment.

   1. (a) A county drainage board may not change the formally established alignment of a district drain unless the county drainage board does all of the following:

      1. 1. Obtains the written consent of each owner of land that is newly included in the district corridor because of the realignment, or condemns that newly included land pursuant to s. 88.21 (6), Stats., and ch. 32, Stats. This subdivision does not apply if the realignment brings no new land into the district corridor, or if no district corridor is required under s. ATCP 48.24.

      2. 2. Obtains the department’s approval under s. ATCP 48.34.

         Note: A “formally established” alignment is one established by circuit court order, or by county drainage board action under s. ATCP 48.20 or this section. See s. ATCP 48.01 (13r). Under s. ATCP 48.24, a district corridor is required for a “district ditch” but not for other district drains.

   2. (b) Whenever a county drainage board changes the formally established alignment of a district drain, the county drainage board shall file a record of the change with the department, the county zoning administrator and the county register of deeds. The record shall specifically describe the change, and shall include a new map of the drainage district if the change affects a map previously filed under s. ATCP 48.20 or this section.

5. (5) Changing a formally established grade profile.

   1. (a) A county drainage board may not change the formally established grade profile of a district drain unless the county drainage board does all of the following:

      1. 1. Provides, to every landowner in the drainage district whose access to drainage will be affected by the proposed change, a written notice that clearly describes the proposed change and gives the landowner at least 30 days to object. A change is deemed to affect a landowner’s access to drainage if it impedes gravity flow of water from his or her land, through a real or assumed drain, to any real or assumed outlet at the formally established cross-section and grade profile of the district drain.
      2. 2. Resolves, to the satisfaction of the objecting landowner, every timely objection filed with the county drainage board by a landowner who is entitled to notice under subd. 1.

      3. 3. Obtains the department’s approval for the proposed change under s. ATCP 48.34.

         Note: A “formally established” grade profile is a grade profile established by circuit court order, or by county drainage board action under s. ATCP 48.20 or this section. See s. ATCP 48.01 (13r). The department may not approve a change to a formally established grade profile if any objection by an affected landowner under par. (a) 1. remains unresolved. See ss. ATCP 48.34, 48.36 and 48.38.

   2. (b) Whenever a county drainage board changes the formally established grade profile of a district drain with the department’s approval, the county drainage board shall file a record of the change with the department, the county zoning administrator and the county register of deeds. The record shall clearly describe the change, if any, to each element of the grade profile under s. ATCP 48.20 (1) (c).

History

History: Cr. Register, August, 1999, No. 524, eff. 9-1-99.