Chapter 88, DRAINAGE OF LANDS
86 sections in this chapter.
Wis. Stat. § 88.50 When state lands subject to assessment; rightof-way across state lands
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88.50 When state lands subject to assessment; rightof-way across state lands. (1) Agricultural lands owned by the state are subject to assessment in drainage proceedings. Other lands owned by the state are not subject to such assessment. Whenever the state acquires lands against …
Wis. Stat. § 88.54 Borrowing money
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88.54 Borrowing money. (1) At any time after the filing of a petition for organization of a drainage district but before the court issues an order organizing the drainage district, the drainage board may, with the consent of the court, borrow money in the name of the proposed dra…
Wis. Stat. § 88.55 Refunding district obligations
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88.55 Refunding district obligations. (1) The drainage board may refund bonds of the district and issue new bonds of the district payable over a term determined by the board. The aggregate principal amount of the new bonds shall not exceed the aggregate principal amount of the re…
Wis. Stat. § 88.56 Compromise and discharge of obligations
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88.56 Compromise and discharge of obligations. (1) Whenever a drainage district is unable to pay its bonds and notes in full, the board may enter into a written compromise agreement with the owners of not less than 70 percent of its obligations. When such agreement has been signe…
Wis. Stat. § 88.61 Laying out drains, assessment of benefits and award of damages in existing drainage district
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88.61 Laying out drains, assessment of benefits and award of damages in existing drainage district. After the organization of a drainage district and the construction of drains under the procedures in ss. 88.35 and 88.36, if the drainage board proposes to construct additional dra…
Wis. Stat. § 88.62 Conditions relative to doing of work
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88.62 Conditions relative to doing of work. (1) The drainage board may authorize the drainage district to do its own work or the board may enter into contracts to have the work done. The board may advertise for bids and shall do so in all cases where the work to be done will cost…
Wis. Stat. § 88.63 Maintenance and repair of drains
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88.63 Maintenance and repair of drains. (1g) In this section “maintenance and repair” refers to the restoration of a drain or any part thereof as nearly as practicable to the same condition as when originally constructed or subsequently improved, including resloping of open ditch…
Wis. Stat. § 88.64 Assessment against municipalities for enlargement or maintenance of drains
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88.64 Assessment against municipalities for enlargement or maintenance of drains. (1) In this section: (a) “Enlarge” means to increase the capacity of a drain to convey water, including adding facilities such as pumps or lift stations, by performing any necessary construction. (b…
Wis. Stat. § 88.66 Construction and repair of drains crossing railroad right-of-way
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88.66 Construction and repair of drains crossing railroad right-of-way. (1) If necessary for proper drainage, the board may lay out and construct drains across any railway rightof-way within a district. As soon as the drain has been constructed up to such right-of-way, the railwa…
Wis. Stat. § 88.67 Construction and repair of drains crossing utility installations; laying utility installations across drains
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88.67 Construction and repair of drains crossing utility installations; laying utility installations across drains. (1) Whenever the construction, reconstruction, clean out or repair of a drain makes necessary the removal or raising of a utility installation in order to permit th…
Wis. Stat. § 88.68 Construction of drain across public highway; construction of bridges across drains
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88.68 Construction of drain across public highway; construction of bridges across drains. (1) Any drain across a public highway shall be constructed according to like specifications and at the same time as the drain above such highway is constructed. (2) If the construction of a …
Wis. Stat. § 88.69 District liable for damage to land outside its boundaries
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88.69 District liable for damage to land outside its boundaries. (1) A drainage district is liable for any damages resulting to lands outside its boundaries because of work done within its boundaries. In this subsection “damages” means only such damages as could be recovered agai…
Wis. Stat. § 88.70 Formation of subdistrict to obtain more thorough drainage
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88.70 Formation of subdistrict to obtain more thorough drainage. (1) If the owners of land in a part of a drainage district desire a more thorough or different drainage than the drains of the district currently provide or than the planned reconstruction will provide, a majority o…
Wis. Stat. § 88.71 Enlarging or supplementing existing drains
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88.71 Enlarging or supplementing existing drains. (1) Whenever the board is petitioned by the owners of one-tenth of the lands in a district to enlarge existing drains or to lay out and construct new drains in such district, or whenever the board is of the opinion that the plan o…
Wis. Stat. § 88.72 Removal of dams or other obstructions in drainage outlets
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88.72 Removal of dams or other obstructions in drainage outlets. (1) The owners of more than one-tenth of the lands within any district may file with the drainage board a petition setting forth: (a) That the drains constructed within such district do not afford an adequate outlet…
Wis. Stat. § 88.73 Providing drainage for lands assessed but not adequately drained
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88.73 Providing drainage for lands assessed but not adequately drained. (1) Any person owning lands that have been assessed for costs of construction but which are in need of drainage because of being shut off from access to any district drain or because the slope of the land is …
Wis. Stat. § 88.74 District corridors
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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 ce…
Wis. Stat. § 88.77 Annexation of lands upon petition of owners
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88.77 Annexation of lands upon petition of owners. (1) If owners of lands adjacent to any drainage district want the lands to be annexed to the district, they may file with the drainage board a petition for annexation. The petition must be signed either by more than one-half of a…
Wis. Stat. § 88.78 Annexation of benefited lands
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88.78 Annexation of benefited lands. (1) Whenever any lands outside a drainage district are in fact receiving the benefits of any drain of such district but such fact was not evident or was inadvertently overlooked at the time of organization of the district, such benefited lands…
Wis. Stat. § 88.785 Certain annexations prohibited
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88.785 Certain annexations prohibited. 88.79 Consolidation of drainage districts in process of organization.
Wis. Stat. § 88.79 Consolidation of drainage districts in process of organization
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88.79 Consolidation of drainage districts in process of organization. (1) Two or more drainage districts petitioned for or in the process of organization may, upon order of the court, be consolidated to form a single drainage district. The order of consolidation may be issued onl…
Wis. Stat. § 88.791 Consolidation of existing drainage districts
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88.791 Consolidation of existing drainage districts. 88.80 Withdrawal of lands from drainage district. 88.81 Proceedings to suspend operations of drainage district.
Wis. Stat. § 88.80 Withdrawal of lands from drainage district
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88.80 Withdrawal of lands from drainage district. (1) Any person owning lands within a drainage district may, under an order issued by the drainage board, withdraw the lands from the district if: (a) All benefits assessed against such lands have been paid; and (b) The lands to be…
Wis. Stat. § 88.81 Proceedings to suspend operations of drainage district
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88.81 Proceedings to suspend operations of drainage district. (1) (a) The owners of land representing 90 percent or more of the confirmed benefits in a drainage district, excluding benefits received by land owned by this state, may file with the drainage board a petition requesti…
Wis. Stat. § 88.815 Dissolution of suspended drainage districts
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88.815 Dissolution of suspended drainage districts. (1) If the operations of a drainage district are suspended on July 14, 2015, the department of agriculture, trade and consumer protection shall file a notice with the court having jurisdiction on the matter that the district wil…
Wis. Stat. § 88.817 Leola drainage district
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88.817 Leola drainage district. 88.82 Dissolution of drainage districts. 88.83 Transfer of district to municipal jurisdiction. SUBCHAPTER VIII RIGHTS OF DRAINAGE; PRIVATE DRAINS; MISCELLANEOUS PROVISIONS 88.87 Road grades not to obstruct natural drainage, landowners not to obstru…
Wis. Stat. § 88.82 Dissolution of drainage districts
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88.82 Dissolution of drainage districts. (1) (a) The owners of land representing 90 percent or more of the confirmed benefits in a drainage district, excluding benefits received by land owned by this state, may file with a court having jurisdiction on this matter a petition for t…
Wis. Stat. § 88.83 Transfer of district to municipal jurisdiction
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88.83 Transfer of district to municipal jurisdiction. (1c) In this section, “municipality” means a city, village, or town. (1g) The owners of a majority of the land proposed to be transferred in a drainage district located entirely or partially within the corporate limits of a mu…
Wis. Stat. § 88.87 Road grades not to obstruct natural drainage, landowners not to obstruct highway drainage; remedies
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88.87 Road grades not to obstruct natural drainage, landowners not to obstruct highway drainage; remedies. (1) It is recognized that the construction of highways and railroad grades must inevitably result in some interruption of and changes in the preexisting natural flow of surf…
Wis. Stat. § 88.88 Railroad to construct ditch or sluiceway across right-of-way
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88.88 Railroad to construct ditch or sluiceway across right-of-way. (1) Whenever the owner of land desires to drain the same by a blind or open ditch and, to properly drain such land, a connecting ditch or sluiceway should be constructed across the right-of-way of a railway compa…
Wis. Stat. § 88.89 Roads not to obstruct natural watercourse
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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 wate…
Wis. Stat. § 88.90 Removal of obstructions from natural watercourses
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88.90 Removal of obstructions from natural watercourses. (1) Whenever any natural watercourse becomes obstructed so that the natural flow of water along the same is retarded by the negligent action of the owner, occupant or person in charge of the land on which the obstruction is…
Wis. Stat. § 88.91 Penalty for placing obstruction in ditches
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88.91 Penalty for placing obstruction in ditches. (1) Except as authorized by s. 88.93, no person shall place any kind of obstruction to the free flow of water, including any soil willfully deposited, in any drainage ditch, constructed under any drainage law of this state or lawf…
Wis. Stat. § 88.92 Private drains not to be connected with district drains
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88.92 Private drains not to be connected with district drains. (1) Except as provided in s. 88.93 no person may connect any drain with a district drain, extend any drain that connects with a district drain or remove any spoil bank except under written plans and specifications app…
Wis. Stat. § 88.93 Right to take water from drainage ditch
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88.93 Right to take water from drainage ditch. Any owner of lands which are located in or which adjoin a drainage district and which border on a drainage ditch may take water from such ditch for use in flooding lands for cranberry culture or for irrigation, if such water is taken…
Wis. Stat. § 88.94 Drains for individual landowners
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88.94 Drains for individual landowners. (1) Whenever any owner of agricultural lands desires to install drainage upon not more than 80 acres of such land, the owner may present a petition to the drainage board or, if there is no drainage board in the county, to the town superviso…