75' Setback for Structures Policy(PDF, 103KB)

OUTAGAMIE COUNTY DRAINAGE BOARD 75’ SETBACK FOR STRUCTURES/OBJECTS FROM A LEGAL DRAINAGE DITCH Wisconsin State Statute 88.74 District corridors, states a county drainage board shall establish and maintain a district corridor around every district ditch. The county drainage board shall maintain the district corridor, in compliance with this subchapter, for all of the following purposes: (a) To provide effective access for the county drainage board and its agents, and for their vehicles and equipment, over the entire length of the district ditch, and (b) To provide a buffer against land uses which may adversely affect water quality in the district ditch. The Outagamie County Drainage Board has approved the following: A 75’ setback will be required from the top of bank of a legal drainage ditch for structures or objects that impedes maintenance or access to the drainage ditch corridor. The property can be used for a mowed grass area with no permanent structures or alterations. Items and uses not allowed include, but are not limited to: cultivation of crops, fruits or vegetables, the dumping or depositing of waste, compost, or materials of any kind; landscaping materials (i.e. stones, raised gardens), concrete, structures, fences, trees, shrubs, patio furniture, swings, landscaping items. No storage of vehicles, equipment, materials or personal property for kind and constructing, erecting or moving any building or structure within the drainage easement will not allowed. Per State Statute 88.74 (5)(b) A person who violates the above may not recover damages with regard to any damage to crops or obstructions caused by actions taken by the board under ss 88.74 (3). Property owners may request a variance of the 75’ setback from the Outagamie County Drainage Board. Requests must be submitted in writing specifying what they are planning on doing, a site plan showing the placement of the structure/object, and setback distance from the top of bank. Requests will be review on a case by case basis. Setback requirements established within jurisdictional municipalities will be accepted by the Board. Attachment: State Statute 88.74 and Administrative Code 48.24 Approved May, 2021 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. ADMINISTRATIVE CODE - ATCP 48.24 District corridors. (1) Corridor required. A county drainage board shall establish and maintain a district corridor around every district ditch. The county drainage board shall maintain the district corridor, in compliance with this subchapter, for all of the following purposes: (a) To provide effective access for the county drainage board and its agents, and for their vehicles and equipment, over the entire length of the district ditch. (b) To provide a buffer against land uses which may adversely affect water quality in the district ditch. (2) Width of corridor. A district corridor shall extend for 20 feet from the top of the ditch bank on each side of a district ditch. A county drainage board may, by giving specific notice to landowners, establish a wider corridor if necessary to permit vehicle access or to protect water quality in the district ditch. Note: Under s. ATCP 48.28, a county drainage board is required to control the growth of woody vegetation in a district corridor, except that a county drainage board may allow the growth of woody vegetation in portions of a district corridor if it does not interfere with effective access to district drains. (3) Access to corridor. Except as provided under sub. (4), a member of a county drainage board or an employee or other authorized agent of a county drainage board may, without prior notice to a landowner, do any of the following: (a) Enter a district corridor, and bring vehicles and equipment into a district corridor, for the purpose of inspecting, surveying, maintaining, repairing, restoring or improving a district drain or corridor. (b) Perform operations in a district corridor related to the maintenance, repair, restoration or improvement of a district drain or corridor, including cutting, mowing, pesticide application, dredging, excavation and other operations. (4) Notice of activities in the corridor. Before a county drainage board or its agent does either of the following in a district corridor, the county drainage board or its agent shall notify the landowner by one of the methods specified under s. ATCP 48.22 (5): (a) Cutting trees that are more than 6 inches in diameter measured at breast height. (b) Excavating or depositing materials in the district corridor.