Please take notice of these important reminders from the Dane County Drainage Board:
DANE COUNTY DRAINAGE BOARD NOTICE (LandownerAct)
The Dane County Drainage Board is reminding landowners in all drainage districts of their obligations under the Wisconsin Administrative Code ATCP 48.40. The Administrative Code requires all landowners to notify the Board of any action that will:
• Alter the £low of water into or from a district drain.
• Increase the amount of soil erosion, or the movement of suspended solids to a district drain.
• Affect the operation of the drainage district, or the costs incurred by the drainage district.
This includes actions taken by the county, town, village, or a city. Please contact any Board member if you think that an action you are taking may be subject to ATCP 48.40. The Board may take various actions in response to landowner actions that adversely affect a district. Board members or the Board attorney may be contacted at:
Scott Ringelstetter, (608) 347-4159 or scott@ringelstetter.net
Paul Maly, (608) 695-1623 or spdrainage@hotmail.com
Leonard Massie, (608) 512-7372 or lrmassie@wisc.edu
Attorney Elizabeth L. Spencer, (608)257-0945or espencer@hurleyburish.com
The full text of the Administrative Code can be found accompanying this Notice.
DANE COUNTY DRAINAGE BOARD
Scott Ringelstetter, Chair
Leonard Massie, Secretary
Paul Maly, Board Member
ATCP 48.40 Notice of landowner actions affecting drainage district.
(1) Requirement. A landowner under sub. (2), including the state of Wisconsin or any county, town, village or city, shall notify the county drainage board before undertaking any action, including any change in land use, that will do any of the following:
(a) Alter the flow of water into or from a district drain.
(b) Increase the amount of soil erosion, or the movement of suspended solids to a district drain.
(c) Affect the operation of the drainage district, or the costs incurred by the drainage district.
(2) Application. Subsection (1) applies to an owner of land that receives water from or discharges water to a drainage district, regardless of whether the land is included in the drainage district
DANE COUNTY DRAINAGE BOARD NOTICE (Natural Waters)
The Dane County Drainage Board is reminding landowners in all drainage districts of their obligations under the Wisconsin Administrative Code Wisconsin Statutes Chapter sec. 88.89. The subsection addressing roads not to obstruct natural watercourses requires that whenever any embankment, grade, culvert or bridge, including the approaches to, built or maintained across a natural watercourse obstructs the watercourse so that waters are set back or diverted upon any lands in a district, the waterway and the approaches must be enlarged as to not set back or divert waters upon lands in the district. The enlargement is to be performed by the party that built the structure causing the diversion.
In the event an owner fails to comply with Wis. Stat. 88.89, the Board may conduct a hearing on the matter and issue order to show cause why an order directing the work to be done should not be issued. Ultimately, the Board may issue an order to the owner or maintainer to enlarge the waterway or construct a new waterway as the facts warrant. Further, the owner may be liable for damages resulting from failure to enlarge the waterway.
If you are concerned about an obstruction contact a Board member at:
Scott Ringelstetter, (608) 347-4159or scott@ringelstetter.net
Paul Maly, (608) 695-1623or spdrainage@hotmail.com
Leonard Massie, (608) 512-7372or lrmassie@wisc.edu
Attorney Elizabeth L. Spencer, (608)257-0945or espencer@hurleyburish.com
DANE COUNTY DRAINAGE BOARD
Scott Ringelstetter, Chair
Leonard Massie, Secretary
Paul Maly, Board Member
88.89 Roads not to obstruct natural watercourse.
(1) Whenever any embankment, grade, culvert or bridge, including the approaches to the culvert or bridge, built or maintained by any person across a natural watercourse or natural draw obstructs the watercourse or draw so that waters therein are set back or diverted upon any lands in a drainage district, the person who built the embankment, grade, culvert or bridge shall enlarge the waterway through the embankment, grade, culvert or bridge and the approaches thereto so that it will not set back or divert waters upon lands in the district.
(2) The drainage board or the owner of any land upon which water is set back or diverted by the obstruction described in sub. (1) may serve notice upon the owner or maintainer of the embankment, grade, culvert or bridge to enlarge the opening for the waterway or to make new openings in order to permit the water to pass without being set back or diverted onto the lands of the district. If the owner of or person maintaining the embankment, grade, culvert or bridge fails to comply with the directive of the notice within 60 days after receiving the notice, the drainage board on its own behalf, or on petition of the injured landowner, may conduct a hearing under sub. (3).
(3) Upon receipt of a petition under sub. (2), the drainage board shall fix the time and place of a hearing on the petition and shall issue an order to the owner or maintainer of the embankment, grade, culvert or bridge to show cause why an order directing the work to be done should not be issued. At least 10 days before the time fixed for the hearing on the petition, the order to show cause shall be served on the owner or maintainer, or on both if both are named in the petition, as prescribed in s. 801.11for the service of a summons.
(4) If the drainage board is satisfied that the embankment, grade, bridge or culvert so obstructs the watercourse or draw that it causes water to be set back or diverted upon lands in the drainage district, the drainage board shall issue an order to the owner or maintainer of the embankment, grade, bridge or culvert to enlarge the waterway or construct a new waterway through the embankment, grade, bridge or culvert, as the facts warrant. The period of time that the embankment, grade, bridge or culvert has been in existence is no defense to a proceeding under this section.
(5) Any person who fails to comply with an order issued under this section is liable to the injured party for all damages caused by the failure.