Section 48.01. Definitions.

  In this chapter:

(1)  "Agricultural lands" means lands in agricultural use as provided under s. 91.01 (1) , Stats.

(2)  "Base flow" means the normal flow of water not associated with rainfall events.

(3)  "Confirmed assessment" means an assessment of costs or benefits that has been confirmed by a circuit court under ch. 88 , Stats. , or an assessment of costs or benefits ordered by a county drainage board after May 12, 1994.

(4)  "Construction costs" means costs incurred by a drainage district for a construction project. "Construction costs" includes damages awarded to landowners in a drainage district who are adversely affected by a construction project, but does not include maintenance, restoration or operating costs.

(6)  "County drainage board" means the board created and appointed under s. 88.17 , Stats.

(6m)  "Cross-section" means a series of vertical sections of a drain, taken at periodic intervals along the length of the drain at right angles to the center line of the alignment of the drain.

(7)  "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(8)  "District corridor" means the access corridor and buffer strip established and maintained around a district ditch under s. ATCP 48.24 .

(9)  "District ditch" means a district drain which is in the form of a ditch.

(10)  "District drain" means a drain, including a main or lateral drain and all points of inlet to that drain, that is located within a drainage district and is designated as a district drain by one of the following:

(a) A court order.

(b) A county drainage board action that complies with s. ATCP 48.20 (5) or 48.21 (2) .

(11)  "Drain" means any facility, including a ditch, tile, pipe or other facility, for draining water from land. "Drain" includes structures and facilities, such as dams, culverts, pumps, inlet facilities, dikes, dams and levees, that are appurtenant to a drain.

(12)  "Drainage district" means a drainage district that is subject to ch. 88 , Stats. , regardless of whether the drainage district was formed under ch. 88 , Stats. , former ch. 89, Stats. , or any other law.

(13)  "Drainage ditch" or "ditch" means a drain which is in the form of an open surface channel. "Ditch" includes the ditch bed, ditch banks, and any structures and facilities that are appurtenant to the ditch.

(13m)  "Grade profile" means a vertical section along the alignment of a drain.

(13r)  "Formally established" means established or reestablished by any of the following:

(a) Circuit court order.

(b) County drainage board action that complies with s. ATCP 48.20 or 48.21 .

(14)  "Maintenance costs" means costs for the maintenance and repair of district drains and corridors under subch. IV .

(14m)  "Navigable waters" has the meaning given in s. 30.01 (4m) , Stats.

(15)  "Nonagricultural lands" means lands other than agricultural lands, including lands in residential, commercial, industrial and transportation use.

(17)  "Operating costs" means costs, other than construction, maintenance or restoration costs, that are lawfully incurred by a drainage district.

(18)  "Parcel" means a tract of land, all of which is held by the same landowner or landowners.

(19)  "Person" means any individual, partnership, corporation, firm, business trust, estate, trust, association, government, governmental subdivision or agency, or any other legal or commercial entity.

(20)  "Private drain" means any drain other than a district drain. "Private drain" includes a drain operated by the state or by a county, town, village or city.

(21)  "Restoration" or "restoration project" means dredging or other operations designed to bring the cross-section, grade profile or alignment of a district drain into closer conformity with the formally established cross-section, grade profile or alignment of that district drain.

(22)  "Restoration costs" means costs incurred for the restoration of a district drain.

(23)  "Stable" means resistant to erosion or deformation.

(24)  "Ten-year peak discharge" or "10-year peak discharge" means the maximum flow of water resulting from a 10-year 24-hour rainfall event.

(25)  "Wetlands" has the meaning given in s. 23.32 , Stats.

(26)  "Woody vegetation" means plants that contain substantial amounts of secondary xylem. "Woody vegetation" includes shrubs and trees but does not include herbs.

Cr. Register, June, 1995, No. 474 , eff. 7-1-95; r. (5) and (16), cr. (6m), (13m), (13r), (14m), (26), r. and recr. (9) to (11) and (13), am. (21), Register, August, 1999, No. 524 , eff. 9-1-99.