1. (1) Requirement. Except as provided in sub. (2), a county drainage board may not do any of the following without the department’s written approval:

   1. (a) Construct or modify any district drain, or authorize any person to construct or modify a district drain.
   2. (b) Install or modify any structure in a district drain, or authorize any person to install or modify any structure in a district drain.
   3. (c) Authorize any person to connect a private drain to a district drain.
   4. (d) Take any action under s. ATCP 48.20 or 48.21 that changes the formally established cross-section, grade profile or alignment of a district drain, regardless of whether that action involves any physical alteration to a district drain or structure.

2. (2) Exemptions. Subsection (1) does not apply to any of the following:

   1. (a) Actions, such as routine maintenance or repair projects, that do not cause or aggravate any deviation from the formally established cross-section, grade profile or alignment of a district drain. An action is rebuttably presumed to cause or aggravate a deviation from a formally established grade profile if it raises the water level in a district drain or slows the runoff of water from lands in the drainage district.

   2. (b) Restoration projects.

      Note: A restoration project is exempt under par. (b) only to the extent that it is confined within the formally established cross-section, grade profile and alignment of a district drain, and does not go beyond those formally established specifications. See definition of “restoration project” under s. ATCP 48.01 (21).

   3. (c) Temporary structures or modifications that a county drainage board installs or approves in compliance with s. ATCP 48.33 (2).

      Note: A county drainage board should consult with the department to determine whether a particular county drainage board action requires department approval under this section. A county drainage board may seek the department’s advice or assistance regarding any proposed construction, repair, restoration or maintenance action, regardless of whether the action requires the department’s approval under this section. A county drainage board should consult with the department at the early planning stage to facilitate timely assistance and, if necessary, timely approval. A county drainage board may not deviate from approved project specifications without the department’s approval.

      A person may need to obtain a permit from the state of Wisconsin department of natural resources before undertaking a construction or restoration project in a district drain which has a navigable stream history. See ss. 30.12, 30.18 (2), 30.20, 31.02, 88.31 and 88.62 (3), Stats. See also ch. 31, Stats.

History

History: Cr. Register, June, 1995, No. 474, eff. 7-1-95; r. and recr. Register, August, 1999, No. 524, eff. 9-1-99.