Wis. Admin. Code Department of Transportation Trans 207.11 - Notification to department of natural resources

(1) In the early stages of consideration of a proposed construction or reconstruction of a highway structure in or over navigable waters, constructing authorities shall notify the appropriate district office of the department of natural resources of the intended construction. Such notice shall consist of a conceptual plan. The constructing authority may request information concerning ordinary high watermark elevation, and the navigational clearance considered appropriate for the site and critical habitat that may be affected by the project, including water and wetland habitat, and spawning and nesting areas. All or part of the conceptual plan requirements may be waived by the department of natural resources if early coordination reveals, in its opinion, that planned activities have no adverse effect.

(2) The department of natural resources shall have 30 days to comment and may, for good cause, request an extension of 10 days. If no response or request for extension is received within the 30-day period, or if an extension is granted and no response is received during the 10 days, project development may proceed as planned. If environmental concerns are noted, constructing authorities shall examine such concerns and act in such manner as to prevent undue impairment of public rights in navigable waters.

Notes

Wis. Admin. Code Department of Transportation Trans 207.11

Cr. Register, June, 1981, No. 306, eff. 7-1-81.