1. (1) General. A county drainage board shall take appropriate measures to minimize soil erosion and the movement of suspended solids into district drains. A county drainage board may monitor water in district drains to determine the amounts and sources of suspended solids in the water.

2. (2) Corridors and drains. A county drainage board shall design, construct and maintain district drains and corridors to minimize soil erosion and the movement of suspended solids into district drains.

   Note: Erosion control methods are described in the “Wisconsin construction site best management practices handbook” which is available for viewing at the county land conservation department, or for purchase from the Wisconsin department of administration, document sale division, 4622 University Avenue, Madison, WI 53705-2156.

3. (3) Vegetative cover.

   1. (a) A county drainage board shall maintain effective vegetative cover, or equally effective erosion control practices, in every district ditch and corridor. When ditch banks are planted with vegetation to stabilize those banks, the plant variety or seed mixture shall be one of those listed in the United States department of agriculture natural resources conservation service technical guide, critical area planting standard 342, 1985 edition, including supplements through 1988. The application rate shall also conform to critical area planting standard 342. If construction or maintenance activities disturb the vegetative cover in a district ditch or corridor, the drainage board shall promptly replant the disturbed area to restore an effective vegetative cover.

      Note: The United States department of agriculture natural resource conservation service technical guide is on file with the department, the secretary of state and the legislative reference bureau. Copies of individual standards may be obtained from the United States department of agriculture natural resources conservation service field offices and from county land conservation department offices.

   2. (b) A county drainage board may permit land uses in district corridors that provide effective vegetative cover and erosion control.
4. (4) Inlets to district ditches. Inlets to district ditches, whether from private or district drains, shall be designed and maintained to prevent soil erosion. Surface drainage entering a district ditch shall be controlled by means of buffer strips, pipe inlets, drop spillways or other devices to prevent soil erosion and uncontrolled flow over ditch banks.

5. (5) Private drains.

   1. (a) Private drains that transport water to district drains, whether from agricultural or nonagricultural lands, shall be designed, constructed and maintained to prevent soil erosion, and to minimize the movement of suspended solids into district drains. A county drainage board may require that private drains carrying water from nonagricultural lands be designed according to a stormwater management plan, and equipped with facilities such as settling ponds or detention basins to minimize excessive discharges of water or suspended solids into district drains.

   2. (b) If a private drain does not comply with par. (a), the county drainage board may do any of the following:

      1. 1. Refuse to permit any connection between the private drain and the district drain.
      2. 2. Order that the private drain be modified to comply with par. (a).
      3. 3. Order that the private drain be disconnected from the district drain.

      4. 4. Pursuant to s. ATCP 48.02 (4), assess the owner of the private drain for construction costs incurred by the drainage district because the private drain does not comply with par. (a).

         Note: A county drainage board may also initiate a court action against the owner of the private drain. The county drainage board may ask the court to enjoin violations of par. (a), and may seek recovery of damages incurred by the drainage district because of those violations. A person violating par. (a) may also be subject to a civil forfeiture under s. 88.11 (8), Stats.

6. (6) Erosion control practices on drained lands.

   1. (a) An owner of land in a drainage district shall implement appropriate erosion control practices on that land to minimize soil erosion and the movement of suspended solids into district drains. A county drainage board may require a landowner to implement erosion control practices recommended by the United States department of agriculture natural resources conservation service, the county land conservation department or an engineer approved by the department.

   2. (b) If a landowner fails to implement erosion control practices required by a county drainage board under par. (a), the county drainage board may do any of the following:

      1. 1. Refuse to permit any connection between the landowner’s private drain and the district drain.
      2. 2. Order the landowner to comply with par. (a).
      3. 3. Order that the landowner’s private drain be disconnected from the district drain.

      4. 4. Pursuant to s. ATCP 48.02 (4), assess the landowner for construction costs incurred by the drainage district because of the landowner’s failure to implement erosion control practices required by the county drainage board under par. (a).

         Note: A county drainage board may also initiate a court action against a landowner who violates par. (a). The county drainage board may ask the court to enjoin violations of par. (a), and may seek recovery of damages incurred by the drainage district because of those violations. A landowner violating par. (a) may also be subject to a civil forfeiture under s. 88.11 (8), Stats.

History

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