Wis. Admin. Code Department of Transportation § Trans 401.03 - Applicability

Current through March 28, 2022

(1) This chapter applies to the following actions:

(a) Any action directed and supervised by the department that relates to an airport, railroad, highway, bridge or other transportation facility construction or maintenance project for which plans are developed and that may cause a discharge to waters of the state, including selected sites.

(b) Any action by a person that relates to a utility facility project and that may cause a discharge to waters of the state. This chapter applies only to actions within the area described in a permit issued by the department of transportation. Actions outside the area of a permit issued by the department of transportation are subject to regulation by the department of natural resources.

(c) Construction or reconstruction of a highway designated under s. 86.32, Stats., as a connecting highway, or any improvement, as defined in s. 86.31(1) (b), Stats., of a connecting highway.

(2) Notwithstanding sub. (1), this chapter does not apply to any of the following:

(a) An action directed and supervised by the department that is considered routine maintenance or that addresses an emergency. Routine maintenance activities shall employ best management practices described in s. Trans 401.06(1), but no other provisions of this chapter apply to routine maintenance.

(b) An action not directed and supervised by the department that involves the installation of a driveway by a person for residential use or agricultural use, as defined in s. 91.01(1), Stats.

(c) An action taken under a bid first advertised before December 1, 2002, or, for projects for which no bid is advertised, taken under a contract signed before January 1, 2003.

(3) Notwithstanding sub. (1), post-construction performance standards under s. Trans 401.106 do not apply to any of the following:

(a) An action for which a final environmental impact statement is approved before January 1, 2003.

(b) An action for which a finding of no significant impact is made under ch. Trans 400 before January 1, 2003.

(c) An action that is documented in an environmental report, as defined in s. Trans 400.04(10), completed before January 1, 2003, that fit the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117, April 1, 2000, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A issued on October 8, 1985.

(d) A project site that has undergone final stabilization within 2 years after January 1, 2003.

(e) Reconditioning or resurfacing, as defined in s. 84.013(1) (b) and (d), Stats., of a highway.

(f) Minor reconstruction of a highway. In this paragraph, "minor reconstruction" means reconstruction, as defined in s. 84.013(1) (c), Stats., of any length of highway that does not widen the roadbed by more than 100 feet, and for which the total length of relocated highway and any added through travel lane does not exceed 1.50 miles. Two or more adjoining added through travel lanes shall be counted as one added through travel lane for purposes of determining the length of the added through travel lanes. A relocation of a highway that includes added through travel lanes shall be counted as one unit for purposes of determining the length of the relocation and added through travel lanes. Pavement widening for purposes of adding a passing lane is not an added through travel lane. Notwithstanding the exemption under this paragraph, if minor reconstruction causes a highway to lie within a buffer area, as defined in s. Trans 401.106(6) (a), or increases the area of the roadway that lies within a buffer area, the requirements under s. Trans 401.106(6) apply to that buffer area.

(g) Construction of a transportation facility that replaces an existing transportation facility, or other existing residential, commercial, industrial or institutional land uses, if there is no increase in exposed parking lots or roads.

(h) A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.

Note: Projects that consist of only the construction of bicycle paths or pedestrian trails generally meet this exception as these facilities have minimal connected imperviousness.

(i) Construction of a transportation facility that has less than one acre of land disturbing construction activity.

Notes

Wis. Admin. Code Department of Transportation § Trans 401.03

Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1) and (2), Cr. (1) (c), (2) (c) and (3) Register December 2002 No. 564, eff. 1-1-03.

Actions directed and supervised by the department that are regulated by and comply with this chapter and that are subject to the interdepartmental liaison cooperative agreement with the department of natural resources are considered to be in compliance with s. 283.33, Stats., and the requirements of ch. NR 216.