1. (1) Action to enforce compliance.

   1. (a) An owner of land in a drainage district may file a written petition with the county drainage board asking the county drainage board to do any of the following:

      1. 1. Restore, repair, maintain or, if necessary, modify a district drain in order to conform the drain to the cross-section, alignment or grade profile formally established for that drain.

         Note: Drain specifications are formally established by court order, or by drainage board action under s. ATCP 48.20 or 48.21. Deviations from formally established specifications may effectively deprive landowners of drainage to which they are legally entitled.

      2. 2. Remove an obstruction placed in a district drain in violation of this chapter or ch. 88, Stats.
      3. 3. Correct a violation of this chapter or ch. 88, Stats.
   2. (b) A petition under par. (a) shall identify the grounds for the petition and the action requested of the county drainage board. A county drainage board may require the petitioner to provide further information which is reasonably necessary in order for the board to properly evaluate the petition.

   3. (c) Within 60 days after a landowner files a complete petition with the county drainage board, the county drainage board shall provide the landowner with a written response that does all of the following:

      1. 1. Describes and explains the action, if any, which the county drainage board will take in response to the petition.
      2. 2. Explains the county drainage board’s refusal to take action on the petition, if the county drainage board refuses to take action.

   4. (d) A petitioner under par. (a) may, after receiving a county drainage board’s response under par. (c), file a written petition with the department alleging that a county drainage board has violated this chapter or ch. 88, Stats. The department may conduct an investigation to determine whether the county drainage board has violated this chapter or ch. 88, Stats. If the department finds that a county drainage board has violated this chapter or ch. 88, Stats., the department shall issue an order under s. ATCP 48.52 which directs the county drainage board to correct the violation.

      Note: The remedies provided to a landowner under sub. (1) are in addition to any other legal remedies which may be available to the landowner. A landowner is not required to pursue any of the remedies under sub. (1) before pursuing other legal remedies. A landowner may challenge a county drainage board action that violates this chapter or ch. 88, Stats., even if the department has approved that action. (In some cases, the department may not be aware of facts constituting a violation when it approves a county drainage board action.)

2. (2) Land ownership change. A change of ownership does not relieve or deprive a succeeding landowner of rights or responsibilities that run with the land under ch. 88, Stats., or this chapter.

History

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