Section 48.36. Applying for approval.

 

(1)   Application required. A county drainage board shall apply in writing for department approval of a proposed action under s. ATCP 48.34 . The application shall include all of the following information, in detail commensurate with the proposed action:

(a) District name or number. The name or number, or proposed name or number, of the drainage district.

(b) Proposed action. A statement describing the proposed action.

(c) Objectives. The objectives which the county drainage board expects to achieve by taking the proposed action. If the county drainage board expects to improve drainage, the county drainage board shall express its drainage objectives in terms of drainage volume, thoroughness of drainage, geographic scope of drainage, or other pertinent drainage measures.

(d) Persons requesting action. The persons, if any, who are asking the county drainage board to take the proposed action.

(e) Estimated cost. The estimated cost of the proposed action, including any damage awards to landowners who will be adversely affected.

(f) Design specifications. Design specifications for the proposed action, prepared by an engineer who is qualified under s. 88.21 (5) , Stats. The design specifications shall comply with applicable standards under subch. IV . The engineer preparing the design specifications shall state whether, in the engineer's judgment, the proposed action as designed will be effective in achieving the county drainage board's stated objectives.

(g) Lands and waters affected. A map showing the location of the proposed action, and the location of the lands and waters affected by the proposed action. The map shall indicate all of the following if relevant:

1. The current and proposed use of the affected lands.

2. The topography of the affected lands.

3. The location of any affected wetlands.

4. The identity and location of any affected navigable waterway, stormwater management district, lake district, priority watershed or lake under s. 281.65 , Stats., or wellhead protection area under ch. NR 811 .

5. The identity and location of any affected building, transportation corridor or utility easement.

(h) Hydrology analysis. A hydrology analysis, prepared by an engineer who is qualified under s. 88.21 (5) , Stats. The hydrology analysis shall analyze the effect of the proposed action, if any, on all of the following:

1. Water surface elevations in district drains at base flow. The hydrology analysis shall use a method described in ch. ATCP 48 Appendix A , or another method approved by the department, to estimate water surface elevations at base flow.

2. Peak water surface elevations in district drains in the event of a 10-year 24-hour storm event. The hydrology analysis shall use the method described in ch. ATCP 48 Appendix A , or another method approved by the department, to estimate peak water surface elevations in the event of a 10-year 24-hour storm event.

3. Peak water surface elevations in district drains in the event of a 25-year 24-hour storm event. The hydrology analysis shall use the method described in ch. ATCP 48 Appendix A , or another method approved by the department, to estimate peak water surface elevations in the event of a 25-year 24-hour storm event.

(i) Construction plan. A construction plan, if applicable, including all of the following:

1. A plan for controlling construction site erosion.

2. The estimated amount of material, if any, that will be removed.

3. A plan for depositing removed material, if any, including the location and configuration of any deposits.

(j) Notice and public hearing. A statement that the county drainage board has complied with the notice and public hearing requirement under sub. (2) .

(k) Formal changes to cross-section, grade profile or alignment. All of the following information if the county drainage board proposes to change the formally established cross-section, grade profile or alignment of a district drain:

1. The cross-section, grade profile or alignment which the county drainage board proposes to change.

2. The new cross-section, grade profile or alignment proposed by the county drainage board. The new specifications shall be prepared by an engineer who is qualified under s. 88.21 (5) , Stats.

3. If the county drainage board proposes to change a formally established alignment, a statement that the county drainage board has complied with s. ATCP 48.21 (4) (a) 1.

4. If the county drainage board proposes to change a formally established grade profile, a statement that the county drainage board has complied with s. ATCP 48.21 (5) (a) 1. and 2.

(L) Assessment of benefits to landowners. A statement explaining how the proposed action will affect the assessment of benefits to landowners under s. ATCP 48.06 , if at all.

(m) Financing plan. The drainage board's plan for financing the proposed action, including any proposed cost assessments to lands in the drainage district.

(n) Environmental effects. An assessment of how the proposed action may affect the human and natural environment, including effects on all of the following:

1. Lands and land uses identified under par. (g) .

2. Surface water levels, quality and temperature.

3. Groundwater levels and quality.

(o) Alternatives. An assessment of alternatives to the proposed action, including the alternative of doing nothing. The assessment shall discuss the relative benefits, costs and environmental effects of the alternatives.

(2)   County drainage board; notice and hearing on proposed action. Before a county drainage board submits an application to the department under sub. (1) , it shall do all of the following:

(a) Publish a hearing notice and hold a public hearing on the proposed action. The notice and hearing shall comply with applicable requirements under s. 88.05 and 88.065 , Stats. The hearing notice shall clearly describe the proposed action.

(b) Give members of the public at least 30 days, following the public hearing under par. (a) , to comment on the proposed action.

(3)   Copies filed with other agencies. Whenever a county drainage board files an application with the department under sub. (1) , the county drainage board shall simultaneously file copies of the application with all of the following:

(a) The Wisconsin department of natural resources.

(b) The United States army corps of engineers.

(c) The county zoning administrator.

(d) The county land conservation committee.

(e) Every municipality affected by the proposed action.

(f) The county highway committee if the proposed action may affect a public highway.

(4)   Additional information. The department may require a county drainage board to file additional information, as necessary, before approving or disapproving an application under sub. (1) .

Cr. Register, June, 1995, No. 474 , eff. 7-1-95; r. and recr. Register, August, 1999, No. 524 , eff. 9-1-99; correction in (1) (g) 4. made under s. 13.93 (2m) (b) 7., Stats., Register January, 2002 No. 553 ; corrections in (1) (h) 1. to 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688 .

Note

See s. ATCP 48.06 (2) (a) and s. 88.46 , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. ATCP 48.02 . Microsoft Windows NT 6.1.7601 Service Pack 1