Assessing benefits to nonagricultural lands

ATCP 48.10 Assessing benefits to nonagricultural lands. (1) Factors considered. When assessing benefits to nonagricultural lands in a drainage district, a county drainage board may consider all the factors specified for agricultural lands under s. ATCP 48.08 (1). The county drainage board may also consider the extent and frequency of additional discharges from the nonagricultural lands to district drains, and the drainage district’s cost to accommodate those additional discharges. Additional discharges may include additional discharges of stormwater, wastewater, or precipitation runoff from impermeable surfaces. Note: The county drainage board may also assess upstream municipalities for costs of enlarging or maintaining drains that are attributable to increased water flow from the municipality. See s. 88.64, Stats., and s. ATCP 48.04 (3). (2) Allocating assessments. A county drainage board may assess benefits to nonagricultural lands, including rural subdivisions or individual rural residences, based on a flat amount per lot, per acre, or per building or residence. Note: See s. 88.35, Stats. History: Cr. Register, June, 1995, No. 474, eff. 7-1-95.