Wis. Admin. Code Department of Transportation § Trans 31.03 - Permit requirement and application

Current through March 28, 2022

(1) WHEN REQUIRED. No person may operate an excursion train on state-owned railroad property without first obtaining a permit issued by the department. An application for a permit shall be submitted to the department not less than 45 days prior to the date of the first planned operation.

Note: Applications may be submitted to BR&H, 4802 Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.

(2) WHO MAY SUBMIT. An application to operate an excursion train which uses state-owned railroad property shall only be submitted by the operator of the state-owned railroad property to be used for the proposed operation. If there is not an operator of the state-owned railroad property, the application shall be submitted by the sponsor of the excursion train to the department.
(3) FEES.
(a) Application fee.
1. Each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by an application fee of $300.
2. An application may request multiple dates and locations during a calendar year.
(b) Inspection fee. In addition to the application fee in par. (a), each application for a permit to operate an excursion train on state-owned railroad property shall be accompanied by the inspection fee determined in accordance with the following schedule:

Number of Days of Requested Operation

Inspection Fee (with Commission)

Inspection Fee (without Commission)

1 - 7

$100

$200

8 - 10

$300

$1,000

11 - 50

$750

$1,500

51 - 150

$1,000

$3,000

151 - 365

$1,500

$5,000

(c) Refunds of fees. The application fee is not refundable, even if a permit application is denied. The inspection fee shall be returned only if a permit is denied.
(4) ADDITIONAL APPLICATIONS. An additional application for extended operations during the same calendar year by the same operator or sponsor shall be accompanied by an additional application fee of $200 and an additional inspection fee for the additional days requested in the additional permit application.
(5) PERIOD FOR REVIEW.
(a) BR&H shall review an application and notify the applicant of approval or denial of the application within 21 days following receipt of a complete application.
(b) An application may be denied for any one of the following reasons:
1. Submittal less than 21 days prior to the first planned operation of the excursion train.
2. Submittal of an incomplete application.
3. Failure to comply with any of the standards or requirements prescribed in this chapter.
4. Submittal of materially false information.
5. Proposing operation of an excursion train by a sponsor or operator with at least one prior violation of this chapter.
(c) BR&H may require additional information from an applicant to complete its review of an application. If an application is received at least 45 days prior to the date of the first planned operation, BR&H shall have 21 days from the receipt of the additional information to render its decision about the application.
(d) BR&H shall notify an applicant in writing of all deficiencies in an application, and the reasons for a denial.
(6) RESUBMITTAL.
(a) An application which has been denied by BR&H in accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.
(b) An application which has been denied by BR&H in accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional information identified in BR&H's letter denying the original application.
(c) An application which has been denied by BR&H in accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions imposed by s. Trans 31.07(3) have expired.
(d) An additional application fee of $200, plus inspection fees, shall accompany a resubmitted application under this subsection.
(7) PERMIT. The department shall issue an applicant a written permit for the proposed operation following its approval of an application. A copy of the permit shall be forwarded to the sponsor and commission as appropriate.
(8) DURATION. Any permit issued by the department shall expire on the date specified by BR&H. In no event shall a permit expire later than December 31 of the year in which the application proposes operation to commence.

Notes

Wis. Admin. Code Department of Transportation § Trans 31.03
Cr. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), (3) (b) and (4), renum. (3) (a) to be (3) (a) 1 and (9) to be (8), cr. (3) (a) 2., r. (5), renum. (6) to be (5) and am. (5) (a), (b) 1. and (c) and renum. and am. (7) and (8) to be (6) and (7), Register, May, 1999, No. 521, eff. 6-1-99.

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