88.74 District corridors.

(1)

(a) Except as provided in par. (b), the board shall establish all of the following as district corridors:

1. A corridor which extends 20 feet from the top of the ditch bank on each side of a district ditch.

2. A corridor extending 20 feet from the centerline on each side of any other district drain or facility.

(b) Upon notice to affected landowners, the board may establish and maintain a wider corridor if a wider corridor is necessary to meet any of the purposes specified under sub. (3).

(2) The board shall provide notice of any corridor established under sub. (1) to the county and the city, village, or town in which the corridor is located.

(3) The board shall maintain a corridor established under sub. (1) to accomplish all of the following purposes:

(a) To provide the board with effective access to the drain or facility, including access for vehicles or equipment.

(b) To protect water quality in the drain or facility.

(c) To allow for the placement of dredge materials from maintaining the drain or facility.

(4)

(a) Except as provided in pars. (b) and (d), the board may, without prior notice to the landowner, enter a corridor established under sub. (1) to inspect, survey, maintain, repair, restore, or improve a drain, facility, or corridor.

(b) Before doing any of the following in a corridor, the board shall notify the landowner of the pending action:

1. Cutting a tree that is more than 6 inches in diameter measured at breast height.

2. Excavating or depositing materials in the corridor.

(c) Notice under par. (b) may be given at any time before performance of the work and may be given in person, by telephone, by mail, or, if the landowner is not available, by posting notice at a conspicuous location at an entrance to the land.

(d) If a drainage board intends to perform general maintenance work in a corridor during the year, the board shall provide notice to the landowner not later than March 1. Notice under this paragraph shall be given in person, by telephone, by mail, or by electronic means, or, if notice cannot be provided in one of these manners, by posting notice at a conspicuous location at an entrance to the land. This paragraph does not apply to emergency maintenance work.

(5)

(a) No person may do any of the following in a corridor established under sub. (1) without written permission from the board:

1. Engage in row cropping in the corridor.

2. Place any obstruction in the corridor that interferes with the board's ability to accomplish a purpose under sub. (3).

(b) A person who violates par. (a) may not recover damages with regard to any damage to crops or obstructions caused by actions taken by the board under sub. (3).

(c) Paragraph (a) does not require a landowner to remove any building or fixture constructed or installed in a corridor prior to September 1, 1999, or any structure that does not interfere with the board's maintenance of a drain and that was placed in the corridor for the purpose of providing drainage.

(6) No city, village, town, or county may by ordinance, resolution, or any other means restrict, or impose other conditions related to, the board's maintenance of district corridors or ditches unless specifically required by federal law.

History: 2017 a. 115.