Wis. Admin. Code Department of Transportation Trans 29.04 - Permits

(1) PERMIT REQUIRED.

(a) A utility shall obtain a permit from the department before installing or modifying a utility facility on any department railroad property. It is the responsibility of the utility to apply for and obtain the required permit.

(b) A permit is required for every separate utility installation or modification. A utility may include several utility facilities in the same application if the utility owns each facility and the installation or modification occurs at the same time.

(2) AUTHORITY GRANTED BY PERMIT.

(a) By issuing a permit, the department:

1. Approves, subject to the permit conditions, a specified use and occupancy of department railroad property; but

2. Does not warrant that title to the department railroad property is free and clear of all encumbrances, that it has sole ownership or that it will defend the utility in its peaceful use and occupancy of the department railroad property.

(b) A permit from the department does not relieve a utility from the responsibility to comply with all applicable federal and state laws and local ordinances affecting the design, materials or performance of the permitted activity and does not supersede any other governmental requirements for plan approval or for authority to undertake the permitted activity.

(c) The department may terminate a permit at any time for any lawful reason. A utility shall not obtain any interest or estate of any kind or extent whatsoever in the department railroad property by reason of a permit or by reason of the occupancy or use permitted. The permit is personal to the utility and shall not pass to its successors or assigns. Upon request, however, to ease the burdens accompanying utility ownership changes, the department may allow a successor utility to obtain permits identical to those held by its predecessor; this may be done by filing a request to obtain permits identical to those held by the predecessor utility and shall not require the permittee to file a permit application under this chapter for each separate permit sought.

(3) FACILITIES WITHIN HIGHWAY RIGHT-OF-WAY.

(a) The department shall require a utility highway permit for a utility facility proposed within that portion of department railroad property that lies within a state trunk highway right-of-way. A utility facility authorized within department railroad property by a highway permit shall be constructed in accordance with this chapter.

(b) A utility shall obtain a permit under this chapter where a utility facility either exists or is proposed within a town, county, village or city highway or street right-of-way existing over, upon or across department railroad property.

(4) PERMIT APPLICATION PROCESSING.

(a) A permit application shall be required for each separate utility facility, except for the placement of additional circuits, cables, tubes or appurtenances within an existing conduit or duct. A utility seeking a permit shall provide the department with 4 copies of a utility permit application. The department shall distribute the permit application for timely comment and review to the appropriate transit commission, to the railroad operator and to all appropriate department offices. The department shall seek concurrence, within 20 business days, from any affected railroad operator and rail transit commission, but the department may approve the permit application without first obtaining the concurrence of the railroad operator or the transit commission.

(b) Within 25 business days after receiving a fully completed application and the fee required under s. Trans 29.07, the department shall review and shall either grant or deny the application. This review period may be extended by the mutual agreement of the department and the applicant.

(c) If the department approves the permit application, the department shall issue a permit to the applicant utility. The department shall stamp all forms, plans, sketches or notes attached to the approved permit with the word "APPROVED." The department shall also distribute complete sets of the approved permit application to the utility, transit commission and railroad operator.

(5) INFORMATION REQUIRED FOR PERMIT ISSUANCE.

(a) General requirements. Every utility seeking a permit shall provide the department with adequate information. The detail required may vary with the complexity of the utility facility proposed, but shall include appropriate permit forms, drawings or sketches and utility facility information so that the effect on railroad operations, maintenance, traffic safety and visibility can be properly evaluated.

(b) Drawings or sketches. A permit application shall include adequate drawings or sketches showing the existing or proposed location of all utility facilities within the department railroad property. The utility shall submit drawings or sketches, drawn to a scale appropriate to the information provided, showing:

1. Utility facility locations relative to those existing railroad facilities whose existence and location are a relevant consideration in determining the appropriateness, under this rule, of the utility facility installation or modification for which a permit is sought and relative to the department railroad property boundary lines;

2. All the minimum vertical and horizontal clearances of the proposed utility facilities and the minimum burial depth of underground utility facility installations;

3. Railroad engineering stationing and milepost numbers, when known, or land ties when railroad engineering stationing or milepost numbers are unavailable; and

4. The locations of any utility identification pipes and other above-ground appurtenances.

(c) Description. All applications shall include a general description of the size, nature and extent of each utility facility to be installed, modified or retained within the department railroad property and shall include a general description of the location and general method of facility placement.

1. Applications for utility facility installations or modifications shall include detail of placement methods, special protection measures, effect on drainage, proposed access points, trees to be trimmed or removed, and, when appropriate, coordination of activities with the railroad operator. Applications for utility facility installation or modification shall also include a description of routine maintenance requirements.

2. Applications for pipeline installations or modifications shall specify the material transmitted; the maximum working, test and design pressures; and the design standards for the pipeline.

3. Applications for electrical utility facility installations or modifications shall specify the proposed operating voltages. The permit drawing or sketch shall illustrate the proposed orientation of the lowest line on the supporting structures.

4. Applications for communication facilities installations or modifications shall specify the outside cable diameter or conduit dimensions, whether aerial or buried.

Notes

Wis. Admin. Code Department of Transportation Trans 29.04

Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (b), (3) (a), (4) (a), (b), (5) (b) 4., (c) 1., 3. and 4., Register, January, 1999, No. 517, eff. 2-1-99.

Utility permit applications may be obtained from the appropriate department of transportation region office.