Section ATCP 48.04 - Recovering costs from lands outside a drainage district(1) GENERAL. Except as provided under subs. (2) and (3), a county drainage board may not levy a cost assessment on behalf of a drainage district against lands located outside the drainage district, but may do any of the following: (a) Refuse to permit the connection of a private drain to a district drain, except as provided under s. 88.93, Stats. Note: See s. 88.92, Stats.
(b) Initiate an action at law to recover damages, authorized by law, that are sustained by a drainage district as a result of an action or omission by an owner of land located outside the district.(c) Enter into an agreement with any person under which that person agrees to compensate the drainage district for costs incurred by the drainage district because that person's private drain is connected to a district drain.(d) Order the annexation, to a drainage district, of lands outside the district that benefit from the operation of any district drain. Note: See s. 88.78, Stats.
(2) COST ASSESSMENTS AGAINST ANOTHER DRAINAGE DISTRICT. A county drainage board may levy cost assessments against a drainage district for the benefit of another drainage district. Note: See ss. 88.49 and 88.69, Stats.
(3) ASSESSMENTS AGAINST MUNICIPALITIES FOR ENLARGEMENT OR MAINTENANCE OF DRAINS. A county drainage board may levy cost assessments against a municipality with territory upstream from any drain for any costs of enlarging or maintaining the drain that are attributable to increased water flow from land within the municipality.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 48.04
Cr. Register, June, 1995, No. 474, eff. 7-1-95.