Wis. Admin. Code Department of Transportation § Trans 56.04 - Permits

(1) PERMIT REQUIRED. Any person desiring to erect a structure that exceeds the limitations in s. 114.135(7), Stats., shall obtain a permit from the secretary. Where an addition to an existing structure would cause the structure to exceed the height specified in an existing permit, an amended permit shall be obtained. It is the responsibility of the applicant to properly apply for and obtain the required permit.

(2) AUTHORITY GRANTED BY PERMIT.

(a) By issuing a permit, the secretary authorizes the erection of the proposed structure, subject to the conditions in the permit.

(b) A permit does not relieve the permit holder from compliance with other applicable federal, state and local laws and requirements.

(c) The conditions under which a permit is granted include:

1. Written notification to the secretary when erection of the structure has begun, and again upon completion.

2. Written certification to the secretary of the final height upon completion of the structure. Transmission of the appropriate FAA supplemental notification forms or the department of industry, labor and human relations certificate of completion form to the secretary shall fulfill the requirements of subd. 1.

3. Written notification to the secretary within 30 days of a change in ownership of the structure.

4. Such other necessary and related conditions as the secretary may specify.

(3) PERMIT APPLICATION GENERAL REQUIREMENTS.

(a) Each person who proposes to erect a structure that requires a permit, including increasing the height of an existing structure permitted under s. 114.135(6) and (7), Stats., shall file an application with the secretary. Applications shall be filed with the secretary at the address specified on the application.

Note: Application forms for the permits required under s. 114.135(6), Stats., can be obtained from the Wisconsin Department of Transportation, P. O. Box 7914, Madison, WI 53707-7914.

(b) An application for a permit shall include the following information:

1. Name and address of the owner of the proposed structure.

2. Name and address of the applicant, if different from the owner.

3. Location of the proposed structure to within 5 seconds of latitude and longitude.

4. Location of the proposed structure depicted on a United States coast and geodetic survey 7.5 or 15 quadrangle map, or acceptable copy, and by the quarter quarter section of the United States survey.

5. Maximum height AGL of the proposed structure, including all appurtenances and lighting.

6. Maximum elevation AMSL of the proposed structure, including all appurtenances and lighting.

7. Direction and distance to the closest point of the nearest end of runway of the nearest public airport.

8. Description of the marking and lighting proposed to be installed.

9. A copy of the completed FAA form 7460-1, notice of proposed construction or alteration, relative to the proposed structure if one is required.

(c) The application shall be signed by an authorized officer, employe, agent or representative of the applicant.

(d) An incomplete application may be returned to the applicant for further information without action.

(e) The secretary may require additional information deemed necessary by the department to the permit process.

(f) An amendment to an existing permit may be requested by application to the secretary.

(g) The applicant shall be notified within 30 days of receipt of an application if a permit is not required.

(4) PERMIT APPLICATION PROCESSING.

(a) The application may be filed at any time.

(b) Upon receipt of a properly completed application, the secretary shall initiate a study. That study shall include the following:

1. An analysis of the potential impacts of the proposed structure on the safe operation of aircraft and the public interest.

2. Except as provided in par. (h), notification, within 15 working days of receipt of the application, to all airports which may be affected by the proposed structure and to other interested persons, including all known airports within 10 nautical miles of the proposed structure.

3. Except as provided in par. (d) and subject to par. (g), such notice shall provide 90 days for public comment on the proposal.

(c) The secretary shall, within 30 days after the close of the public comment period, issue a decision, except where an FAA aeronautical study is still being conducted. In such instance, no decision shall be issued prior to the issuance of an FAA determination and the resolution of any appeals of that determination.

(d) Where there is no need for an FAA aeronautical study and the proposed structure is more than 5 nautical miles from the closest public airport, the public comment period shall not exceed 30 days.

(e) The applicant or any affected party may, within 20 days of the issuance of a decision, request that the secretary convene a hearing to receive additional information or hear new arguments addressing the application.

(f) If no hearing is requested, the decision shall become final 20 days after the date of issuance.

(g) The secretary may, at any time during the process, convene a meeting to receive public comment and to gather additional facts relevant to the permit application. The secretary may waive the 90-day public comment period anytime after a public comment meeting has been held.

(h) The secretary may waive the notification requirement and public comment period and otherwise expedite applications for towers that do not exceed the highest tower's elevation within a tower farm.

(i) Where there are multiple applicants for the same frequency or service from the FCC, the secretary shall take no final action on a permit application until the FCC has designated a licensee.

(5) PERMIT CONTENTS. The permit shall include the following:

(a) Name and address of the permittee.

(b) The location of the structure by latitude and longitude to the nearest 5 seconds and by the quarter quarter section of the United States survey.

(c) The maximum allowable height of the structure, including all appurtenances and lighting fixtures.

(d) The required marking and lighting.

(e) Notification that the subject structure shall be erected within one year after the date a permit is issued.

(6) PERMIT VIOLATIONS.

(a) A permit may be revoked or amended by the secretary for any lawful reason including, but not limited to, the following:

1. Failing to properly maintain the marking and lighting designated by the FAA and FCC.

2. Exceeding the permitted height of the structure.

3. Abandoning the structure.

4. Violating any of the conditions of the permit.

5. The amending of an FAA no hazard determination regarding the proposed structure.

6. Not complying with the terms of an amendment to an FAA no hazard determination relating to the proposal.

(b) In the event the erection of the structure is not completed within one year, an extension may be requested. The extension shall be granted if the criteria for the issuance of the permit continue to be satisfied. Where there is a significant change in facts which may create an adverse impact on aviation, the secretary shall conduct a new study prior to acting on the request for extension.

(c) Upon violation of any of the conditions of the permit, the secretary shall notify the owner of the deficiency. The owner shall correct the deficiency within a reasonable period of time, as specified in the notice. Failure to do so may subject the owner to the penalties provided in s. 114.27, Stats.

(d) If the owner fails to correct the deficiencies described in par. (c), the secretary may notify the FAA and FCC where applicable, correct the deficiency and recover the cost from the owner, or revoke the permit by notice to the owner. The owner may appeal a revocation as provided in s. 114.315, Stats.

(e) Upon revocation of the permit, the owner shall dismantle and remove the structure within a reasonable period of time. Should the owner fail to do so, the secretary may remove the structure and recover the cost from the owner.

(f) A permit shall terminate 60 days after the collapse or removal of the structure or after the secretary issues a determination of abandonment of the structure unless, within such 60 days, the permittee notifies the department that it intends to either erect a replacement structure within the parameters of the existing permit or repair the existing structure.

(g) Any person who erects a structure without obtaining a required permit may be subject to the penalties in s. 114.27, Stats.

(7) APPLICATION EVALUATION.

(a) The secretary shall consider the following in determining if a proposed structure will create an adverse impact on the safe operation of aircraft including, but not limited to, the impact on:

1. A minimum altitude on a published instrument approach procedure.

2. Existing instrument departure minimums.

3. Airport traffic patterns at public airports.

4. A cardinal altitude along a victor airway, published routing or VFR corridor.

5. Airspace affected by a proposed structure over 1,000 AGL outside a tower farm or over 500 AGL under an airport radar service area outside a tower farm.

6. Airspace affected by a proposed structure over 500 AGL in remote areas which may be difficult to see.

7. Airspace affected by proposed structures located in areas of known regular, reoccurring use by pilots including, but not limited to, published flight corridors and arrival or departure routes for the annual experimental aircraft association convention and air show at Oshkosh.

8. Visual or instrument operations at an airport or runway shown on a plan approved by the secretary.

(b) The secretary shall approve a permit if all of the following criteria are satisfied:

1. If an FAA aeronautical study is required, the secretary receives a copy of the determination of no hazard.

2. The secretary concludes that the structure will not create an adverse impact on the safe operation of aircraft.

(c) The secretary shall deny a permit if any of the criteria in par. (b) is not met.

Notes

Wis. Admin. Code Department of Transportation § Trans 56.04

Cr. Register, June, 1994, No. 462, eff. 7-1-94.