Section 48.38. Department approval or disapproval.

 

(1)   Approving drainage alterations. The department may approve, disapprove, or conditionally approve an action under s. ATCP 48.34 . The department may not approve any action under s. ATCP 48.34 that causes the cross-section, grade profile or alignment of a district drain to deviate from the cross-section, grade profile or alignment formally established for that drain, but may do any of the following based on the county drainage board's application under s. ATCP 48.36 :

(a) Approve an action that formally reestablishes the cross-section of a district drain.

(b) Approve an action that formally reestablishes the alignment of a district drain if the department finds that the county drainage board has complied with applicable requirements under s. ATCP 48.21 (4) (a) 1.

(c) Approve an action that formally reestablishes the grade profile of a district drain if the department finds that the county drainage board has complied with s. ATCP 48.21 (5) (a) 1. and 2.

(2)   Deadline for approval or disapproval. Within 45 days after a county drainage board files a complete application under s. ATCP 48.36 , including any additional information which the department requests under s. ATCP 48.36 (4) , the department shall issue a written notice approving or disapproving the county drainage board's proposed action under s. ATCP 48.34 . The department may, for good cause, extend the deadline to a date specified by the department.

(3)   Conditional approval. The department may approve a proposed action under s. ATCP 48.34 subject to conditions specified by the department.

(4)   Reasons for disapproval. If the department disapproves a proposed action under s. ATCP 48.34 , the department shall give the county drainage board written notice of the reasons. The department may disapprove a proposed action for any of the following reasons:

(a) The county drainage board has failed to provide information required under s. ATCP 48.36 .

(b) The proposed action would violate this chapter or ch. 88 , Stats.

(c) The requested approval would violate this chapter or ch. 88 , Stats.

(d) The proposed action is not technically feasible, is not technically sound, or is not adequately designed to achieve the county drainage board's stated objectives.

(e) The proposed action will have a substantial adverse effect on water quality, or on the human or natural environment.

(5)   Environmental assessment. The department shall prepare an environmental assessment under s. ATCP 3.02 before it approves a proposed action under s. ATCP 48.34 if any of the following apply:

(a) The proposed action will drain more than 200 acres of land not previously drained, or will substantially alter drainage from more than 200 acres of land.

(b) The proposed action will drain more than 5 acres of wetlands.

(c) The proposed action involves the construction or modification of a dam in a drain with a navigable stream history.

(d) The proposed action involves a cold water fishery in a district drain with a navigable stream history.

(e) The proposed action will substantially affect the base flow in surface waters of the state.

(f) The department determines that an environmental assessment is needed to determine whether an environmental impact statement is required under s. ATCP 3.03 .

(6)   Environmental impact statement. The department shall prepare an environmental impact statement under s. ATCP 3.03 before approving a proposed action under s. ATCP 48.34 only if the department determines that an environmental impact statement is required under s. ATCP 3.03 .

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

Note

See also ss. 88.32 (3m) and 88.35 (7) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1