Wis. Admin. Code ATCP § ATCP 48.32

Current through November 25, 2024
Section ATCP 48.32 - Deposition of materials
(1) Materials dredged or excavated in connection with the construction, restoration, repair or maintenance of district drains may be spread on land or placed in piles according to this section. Berms, levees and other depositions in a district corridor shall comply with this section.

Note: The deposition of dredged or excavated material may be subject to additional restrictions under federal, state and local laws.

(2) The deposition of excavated materials, whether by land spreading or piling, shall conform as nearly as practicable to the american society of agricultural engineers engineering practice number 407.1, section 5, as reconfirmed in December, 1996.

Note: Copies of ASAE EP 407.1, section 5 are on file with the department and the legislative reference bureau. Copies may be obtained from the department. A county drainage board may also contact the United States department of agriculture natural resources conservation service or the army corps of engineers for technical assistance related to the deposition of removed materials. The department can provide the addresses of these agencies.

(3) If dredged or excavated materials are spread on land, the materials shall be graded and smoothed to blend into cultivated lands. The surface slope of the spread materials shall not exceed a slope of 8:1. Spread materials may not be more than 2 feet deep at the top of a ditch bank.

Note: See Figure 1.

(4) No portion of a pile of dredged or excavated materials may be closer than 12 feet to the top of a ditch bank. Materials shall be piled at a stable angle of repose for those materials. No slope of any pile may exceed a slope of 2:1.
(5) No dredged or excavated material may be placed in a wetland except in compliance with applicable federal, state and local permit requirements.

Note: Figure 1, which is based on ASAE EP 407.01, section 5, illustrates the requirements of this section:

See Image

Figure 1. Methods of Material Disposal

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 48.32

Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (2), Register, August, 1999, No. 524, eff. 9-1-99.